Victorian Numbered Acts

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WILDLIFE AMENDMENT (MARINE MAMMALS) ACT 2008 (NO. 45 OF 2008) - SECT 17

Marking protected wildlife

    (1)     In section 51(1) of the Wildlife Act 1975 , omit "without the authority in writing of the Secretary".

    (2)     After section 51(1) of the Wildlife Act 1975 insert

    "(1A)     Subsection (1) does not apply to a person—

        (a)     who holds a licence or authorisation that authorises the person to handle and mark the wildlife, when that person is acting in accordance with the licence or authorisation; or

        (b)     who is a member of a class of person in respect of whom an authorisation order has been made that authorises the handling and marking of the wildlife, when that person is acting in accordance with the order.".

    (3)     For section 51(2) of the Wildlife Act 1975 substitute

    "(2)     A person must not interfere with a mark which has been placed on protected wildlife in accordance with this Act.

Penalty:     100 penalty units.

    (3)     Subsection (2) does not apply to—

        (a)     an authorised officer who is acting in the course of his or her duties; or

        (b)     a person who holds a licence or authorisation that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the licence or authorisation; or

        (c)     who is a member of a class of person in respect of whom an authorisation order has been made that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the order.".



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