Victorian Current Acts

WILDLIFE ACT 1975 - SECT 74J

    (1)     If an authority for a controlled operation is varied in a way that limits its scope, this Part continues to apply to a participant in the operation as if the authority had not been varied in that way, for so long as the participant—

        (a)     is unaware of the variation; and

        (b)     is not reckless about the existence of the variation.

    (2)     If an authority for a controlled operation is cancelled, this Part continues to apply to a participant in the operation as if the authority had not been cancelled in that way, for so long as the participant—

        (a)     is unaware of the cancellation; and

        (b)     is not reckless about the existence of the cancellation.

    (3)     For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if—

        (a)     the person is aware of a substantial risk that the variation or cancellation has happened; and

        (b)     having regard to the circumstances known to the person, it is unjustifiable to take the risk.

S. 74K inserted by No. 16/2004 s. 51.