Regulation 29 of the Principal Regulations is amended by omitting subregulation (5) and substituting the following subregulations:

(5)  Except with the permission of the Secretary, a person must not discharge a firearm for the purpose of taking any form of partly protected wildlife, protected wildlife or specially protected wildlife if the person is –

(a) in a conveyance; or

(b) within 10 metres of a conveyance that the person has left for the purpose of taking wildlife.

Penalty:  Fine not exceeding 50 penalty units.

(5A)  However, subregulation (5) does not apply to a person taking wild duck if the person –

(a) is in a vessel that is not underway; and

(b) takes the wild duck in accordance with a licence or permit.

(5B)  For the purposes of subregulation 5A, a vessel is taken to be underway if it is being propelled directly or indirectly by one or more of the following:

(a) an engine;

(b) a sail;

(c) an oar, paddle or pole.