sec.38Authority required to exhibit particular animals

sec.38 Authority required to exhibit particular animals

This section applies to exhibiting an animal that is— native wildlife unless, under the Nature Conservation Act , the animal may be kept or used without an NCA authorisation; or international wildlife; or prohibited wildlife; or prohibited matter; or restricted matter. Under section 10 , this Act does not apply to exhibiting or dealing with particular animals. Particular animals to which subsection (1) applies are designated animals under the Biosecurity Act for which a person keeping the animals may be required to apply for registration as a registered biosecurity entity. See the Biosecurity Act , chapter 7 , parts 1 and 2 . A person must not exhibit the animal other than under an exhibited animal authority. Maximum penalty—500 penalty units. Despite subsection (1) (a) , the NCA chief executive exhibiting an animal under the authority of the Nature Conservation Act , section 173P (1) is not excluded from the application of this section only because, under section 173P (2) of that Act, the NCA chief executive does not require an NCA authorisation to keep or use the animal. In this section— NCA authorisation means a licence, permit or other authority under the Nature Conservation Act . prohibited wildlife see the Nature Conservation Act , schedule . s 38 amd 2024 No. 17 s 192 s ch 1 pt 1 (sec.38-ssec.1) This section applies to exhibiting an animal that is— native wildlife unless, under the Nature Conservation Act , the animal may be kept or used without an NCA authorisation; or international wildlife; or prohibited wildlife; or prohibited matter; or restricted matter. Under section 10 , this Act does not apply to exhibiting or dealing with particular animals. Particular animals to which subsection (1) applies are designated animals under the Biosecurity Act for which a person keeping the animals may be required to apply for registration as a registered biosecurity entity. See the Biosecurity Act , chapter 7 , parts 1 and 2 . (sec.38-ssec.2) A person must not exhibit the animal other than under an exhibited animal authority. Maximum penalty—500 penalty units. (sec.38-ssec.3) Despite subsection (1) (a) , the NCA chief executive exhibiting an animal under the authority of the Nature Conservation Act , section 173P (1) is not excluded from the application of this section only because, under section 173P (2) of that Act, the NCA chief executive does not require an NCA authorisation to keep or use the animal. (sec.38-ssec.4) In this section— NCA authorisation means a licence, permit or other authority under the Nature Conservation Act . prohibited wildlife see the Nature Conservation Act , schedule .

• (a) native wildlife unless, under the Nature Conservation Act , the animal may be kept or used without an NCA authorisation; or
• (b) international wildlife; or
• (c) prohibited wildlife; or