17BProhibition on dealings with camels, deer, pigs, rabbits and foxes

17B Prohibition on dealings with camels, deer, pigs, rabbits and foxes

17B Prohibition on dealings with camels, deer, pigs, rabbits and foxes

(1) This clause applies to the following animals—

| Axis axis | Spotted deer/Chital (wild/feral) | | Axis porcinus | Hog deer (wild/feral) | | Camelus dromedarius | One-humped camel/Dromedary (wild/feral) | | Cervus elaphus | Red deer/Wapiti/Elk (wild/feral) | | Cervus timorensis | Rusa deer (wild/feral) | | Cervus unicolor | Sambar deer (wild/feral) | | Dama dama | Fallow deer (wild/feral) | | Oryctolagus cuniculus | European rabbit (wild/feral) | | Sus scrofa | Pig (wild/feral) | | Vulpes vulpes | European red fox |

(2) A person must not engage in any of the following dealings with an animal to which this clause applies—

(a) have possession of the animal,

(b) move the animal,

(c) release the animal from captivity.

(3) This clause does not apply—

(a) if the dealing is for permitted exhibition purposes within the meaning of clause 1 of Schedule 3 to the Act, or

(aa) if the dealing is for permitted research purposes or is ancillary to permitted research purposes, within the meaning of clause 1 of Schedule 3 to the Act, or

(b) if the dealing is or forms part of a lawful measure taken by the person to control a pest, or

(c) if the animal is dead.

(4) An occupier of land is taken not to be engaging in a dealing for the purposes of subclause (2)(a) in relation to animals on the land unless the occupier has actual (rather than deemed) possession of the animal.

Note.

Section 12(2) of the Act deems an occupier of land to have possession of any biosecurity matter or carrier (including animals) on that land in certain circumstances.

cl 17B: Ins 2018 (311), Sch 2 [1]. Am 2019 (604), Sch 2[6]–[9].