Victorian Current Acts Victorian Current Acts(1) A person must not take, trade in, keep, move or process protected flora (other than a member of restricted use protected flora) unless an exception in subsection (2) applies.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
(2) For the purposes of subsection (1), the exceptions are as follows—
(a) the person is acting in accordance with a licence or permit under section 48 or an authorisation under section 48A;
(b) if the protected flora were taken from private land, the person—
(i) is the landowner or a person given permission by the landowner to take the protected flora; and
(ii) did not take the protected flora for the purposes of sale or has not sold or offered the protected flora for sale;
(c) the protected flora were propagated from protected flora which had been lawfully obtained and kept;
(d) the person is a public authority that is carrying out an activity referred to in subsection (1) in accordance with a public authority management agreement that provides for the carrying out of that activity.
S. 47C inserted by No. 28/2019 s. 22.