Game Management Authority Act 2014

The Act organises its regime around a small set of core concepts that structure who decides, who pays and what behaviour is expected.

Authority as new regulator

• The Authority is a statutory corporation with corporate capacities (s 4). It is the central actor for the functions listed in s 6 including administering the scheme for issuing game licences under the Wildlife Act 1975 (s 6(b)) and investigating compliance (s 6(c)-(d)). The Act does not itself define licence conditions; it provides for the Authority to administer the licensing scheme already established in the Wildlife Act.

Functions and advisory role

• Functions (s 6) combine regulatory, administrative, investigatory, advisory and promotional roles. The Authority must develop operational plans covering sustainable hunting, humane treatment of animals, minimisation of impact on non-game wildlife, and habitat conservation (s 6(e)(i)-(iv)). It also has explicit roles in research, monitoring environmental, social and economic impacts (s 6(h)), and in making recommendations to Ministers on matters including declaring public land open or closed to game hunting, seasons and bag limits (s 6(i)(iii)).

Guiding principles and decision-making

• The Authority is required to have regard to a set of guiding principles when exercising its powers (s 8A). These include integrated decision-making across government (s 8A(a)), a triple bottom-line assessment (s 8A(b)), equity (including intergenerational equity) (s 8A(c)), an evidence-based approach (s 8A(d)), stakeholder engagement (s 8A(e)) and transparency (s 8A(f)). The guiding principles create an internal framework for how the Authority must approach its duties but do not themselves create private rights or procedural rights beyond the obligations in the Act.

Ministerial directions and governance framework

• The Authority must act subject to written directions from the Minister (s 8(1)) and must publish such directions in the annual report (s 8(2)). The Authority must operate consistently with any governance framework agreed between Minister, Secretary and Authority (s 8(3)). These provisions place the Authority in a governance relationship with the Minister and the Secretary to the Department specified in the Act (s 3 defines Secretary as the Secretary to the Department of Jobs, Precincts and Regions).

Membership, appointment and conduct

• The Authority is a board of between five and nine members appointed by the Minister (s 10). The Act prescribes a skills-mix the Minister must attempt to achieve collectively (s 10(3)), including legal practice, finance, wildlife biology, animal welfare, public administration, communications, Aboriginal culture and identity as they relate to game hunting, private and public land management and game hunting experience. Members hold office for terms up to three years, may be reappointed and are subject to the Public Administration Act 2004 except for Part 3 (s 11(1)(a), (e)). Members must declare pecuniary interests and face penalties if they fail to do so or participate despite declaring a conflict (s 14).

Authorised officers and enforcement

• The Authority may appoint authorised officers (s 22). The Act applies Part 9 of the Conservation, Forests and Lands Act 1987 (except ss 83 and 84) to authorised officers as if they were appointed under that Act by the Secretary (s 24). It also applies several sections of that Act to the Authority itself for the purposes of this Part (s 25). The Act therefore imports enforcement mechanics from the Conservation, Forests and Lands Act rather than defining them in full here.

Financial and accountability mechanisms

• The Authority must maintain a dedicated account (s 19), submit an annual report to the Minister and Parliament (s 20), and prepare a draft and final business plan for the next three financial years for Ministerial approval (s 21). The Authority must not depart significantly from its budget without the Minister’s approval (s 21(3)).

Information constraints and sanctions

• Members and staff face criminal or civil penalties for misuse of information (s 15; penalty 60 penalty units) and unauthorised disclosure (s 16; penalty 50 penalty units). The Act lists specific permitted disclosure channels (s 16(2)). These provisions create confidentiality duties but also carve out disclosure for law enforcement, court proceedings and with written authority of the Authority or the person to whom the information relates.

Relationship to other instruments

• The Act is expressly designed to operate in conjunction with the Wildlife Act 1975 (s 1, s 3 definitions, s 6(b)) and the Conservation, Forests and Lands Act 1987 (s 1, s 24-25). It also imports the definition of police officer from the Victoria Police Act 2013 (s 3).

In sum, the main concepts are a specialist regulatory body with both administrative and advisory roles, a statutory enforcement capability obtained by importation of enforcement provisions from the Conservation, Forests and Lands Act, Ministerial control points via directions and business-plan approvals, and statutory duties and penalties for members and staff to manage conflicts and information.

The Act creates effects on several identifiable groups and institutions by statute. The Act itself provides the bounds of those effects; where it references other legislation that contains operational rules (for instance the Wildlife Act 1975), the Act positions the Authority as the administrator or an enforcement participant rather than rewriting those regimes.

Directly affected:

• Game Management Authority members and staff. Members (s 10-13) are appointed by the Minister, serve terms of up to three years (s 11(1)(a)), and are required to declare pecuniary interests (s 14). Members who are not public servants are entitled to Minister-determined remuneration (s 11(4)). Staff may be employed under the Public Administration Act 2004 (s 18) or seconded via service agreements with departments or statutory authorities (s 18(2)).

• The chief executive officer (CEO). The Chairperson must employ a CEO, whose terms must be approved by the Minister (s 17(2)). The CEO is responsible for day-to-day administration subject to Authority policies and directions (s 17(3)).

• Authorised officers and persons performing authorised officer functions. The Authority may appoint authorised officers (s 22) and may appoint persons to perform specific authorised officer powers (s 23). These appointees will be subject to Part 9 of the Conservation, Forests and Lands Act 1987 for the purposes of that Act and the offences, powers and immunities contained there (s 24). The Act requires the Authority to issue a certificate of appointment to each authorised officer specifying which relevant law and which geographic area the appointment covers (s 22(3)).

• Ministers and Secretaries. The Minister retains the power to give written directions to the Authority (s 8(1)). The Authority must publish such directions in its annual report (s 8(2)) and operate consistently with any governance framework agreed with the Minister and the Secretary (s 8(3)). The Secretary to the Department of Jobs, Precincts and Regions is defined in s 3 and is one of the parties in the governance framework.

• Public land managers. The Authority is required to work with public land managers to improve management of public land and facilities where hunting is permitted (s 6(f)). The Authority can make recommendations to Ministers regarding declaring public land open or closed to hunting (s 6(i)(iii)), but the Act does not itself purport to vest the Authority with unilateral power to declare land open or closed.

• Persons engaged in game hunting and private landholders. The Authority administers the game licence scheme under the Wildlife Act 1975 in relation to hunting, taking or destroying game (s 6(b)). It has functions in developing operational plans for humane treatment and sustainable hunting (s 6(e)), and in monitoring and researching environmental, social and economic impacts (s 6(h)). Hunters and landholders will therefore encounter the Authority in licensing, compliance and advisory processes, although the substantive rules for licensing remain in the Wildlife Act.

• Courts and law enforcement agencies. The Act contemplates interactions with courts and tribunals in s 16(2)(b)(i)-(iv) as permitted channels for disclosure and in the mapping of certain prosecutorial and enforcement functions; "relevant person" in s 16(3) includes the Director of Public Prosecutions and police officers.

Indirectly affected:

• Other government agencies. The Act encourages integrated decision-making (s 8A(a)) and requires the Authority to operate consistently with governance framework requirements (s 8(3)), signalling routine joint work across agencies. The Authority may enter agreements to use services of staff from departments or statutory authorities (s 18(2)).

• Indigenous communities and stakeholders involved in Aboriginal culture and identity related to game hunting. The Minister must attempt to ensure members collectively include skills or knowledge relevant to Aboriginal culture and identity as they relate to game hunting and game management (s 10(3)(vii)). The Act thus formalises a consultative and representational pathway.

• Researchers and policy actors. The Authority has an explicit research and monitoring role (s 6(h)), which will create datasets and reports that may affect academia, consultants and policy processes.

Financial and compliance burden bearers:

• The Act requires the Authority to maintain its own account and to pay expenses from that account (s 19). The Act does not specify appropriation mechanics or sources of initial government funding in its text. Practically, the obligations to prepare a business plan for Ministerial approval and the requirement not to depart significantly from the budget without Minister approval (s 21(1)-(3)) put the Authority’s financial planning under Ministerial oversight and will determine how costs are borne in practice.

• Members and staff face statutory penalties for improper use or disclosure of information (s 15; s 16), and members face penalties for failing to declare pecuniary interests and for participating in deliberations despite a declared interest (s 14). These are direct compliance obligations with monetary penalties specified.

In short, the Act primarily affects the new Authority and its governance and staff, authorised officers, the Minister and Secretary, public land managers and the user groups that interact with the licensing and compliance apparatus established under the Wildlife Act. The Act embeds ministerial oversight and cross-agency coordination in the regulatory architecture.

The Act assigns specific duties to the Authority, to its members and employees, and to authorised officers. It also creates rights in the form of institutional capacities and protective provisions for the Authority and its officials. Below is a structured account of those duties and rights with section references.

Duties of the Authority

• Perform regulatory, investigative and disciplinary functions conferred by or under this Act or any relevant law (s 6(a)). This is a general duty to execute delegated regulatory powers.
• Administer the game licence scheme under the Wildlife Act 1975 in relation to hunting, taking or destroying game (s 6(b)). The Authority is the administering agency but the substantive licensing conditions reside in the Wildlife Act and its regulations.
• Promote and monitor compliance and investigate compliance with this Act or any relevant law in relation to game hunting (s 6(c)-(d)). The Act therefore places an ongoing enforcement and compliance-monitoring obligation on the Authority.
• Develop operational plans and procedures addressing sustainable hunting, humane treatment, minimising negative impact on non-game wildlife and conservation of habitats (s 6(e)). These are proactive planning duties with environmental and animal welfare content.
• Work with public land managers to improve management of public land and facilities where hunting is permitted (s 6(f)). This creates an inter-agency and stakeholder engagement duty.
• Monitor, conduct research and analyse environmental, social and economic impacts of game hunting and game management (s 6(h)). This turns the Authority into a research and data-holding body.
• Make recommendations to relevant Ministers about game hunting and management, pest animal control, declaring public land open or closed to hunting, seasons and bag limits, and management of land as it relates to game and habitat (s 6(i)). The Authority is an advisory body on key policy levers.

Duties regarding governance, planning and reporting

• The Authority must submit an annual report to the Minister by 30 September each year for the year ending 30 June (s 20(1)) and include any Ministerially requested information (s 20(2)). The Minister must lay the report before Parliament (s 20(3)).
• The Authority must prepare a draft business plan each year setting objectives and priorities for the next three years, financial projections, a budget and what it will do in the next financial year and submit it to the Minister for approval (s 21(1)-(2)). The Authority must not depart significantly from its budget without Ministerial approval (s 21(3)) and must make its current business plan available to the public and publish it on the internet (s 21(5)).

Duties of members and officers

• Members must perform their roles subject to the Public Administration Act 2004 in respect of the office of member (s 11(1)(e)).
• Members must declare pecuniary interests as soon as practical at a meeting when the interest becomes relevant, and a failure to do so attracts a penalty of 60 penalty units (s 14(1)). Members who declare an interest must not be present during deliberation or vote on that matter unless the Authority resolves otherwise; failure to comply also carries a 60 penalty unit penalty (s 14(4)).
• Members and employees must not improperly use information acquired in the course of duties to obtain direct or indirect advantages (s 15, penalty 60 penalty units).
• Members, officers and authorised officers must not disclose information obtained in the course of their duties except in specified circumstances (s 16(1)-(2), penalty 50 penalty units). Permitted disclosures include for administration of this Act or relevant law, for legal proceedings, to courts, pursuant to court orders, for law enforcement purposes, or with written authority of the Authority or the person the information concerns (s 16(2)).

Duties regarding authorised officers

• The Authority must issue a certificate of appointment to each authorised officer specifying the relevant law and the geographic scope of appointment (s 22(3)).
• The Authority may appoint persons to perform authorised officer functions and may do so for the whole or part of Victoria (s 23(1)-(2)).

Rights and powers created for the Authority and officers

• The Authority has the statutory powers of a body corporate to acquire and dispose of property, sue and be sued, have a seal and do acts incidental to its objectives (s 4(2)).
• For the performance of its functions, the Authority has such powers as are conferred by this Act or any other Act and may do all things necessary or convenient for its objectives (s 7).
• The Authority may delegate functions and powers (other than the power of delegation) by instrument under its seal to employees or persons employed under Part 3 of the Public Administration Act 2004 (s 9).
• Authorised officers are to be treated as if they were appointed under the Conservation, Forests and Lands Act 1987 for Part 9 matters (s 24), thereby obtaining the enforcement powers and procedural status provided in that Part of that Act. The Act also applies several sections of the Conservation, Forests and Lands Act to the Authority itself (s 25).

Ministerial rights over the Authority

• The Minister may give written directions to the Authority and such directions must be published in the Authority’s annual report (s 8(1)-(2)). The Minister also participates in approving the CEO’s appointment terms, since the CEO’s terms must be approved by the Minister (s 17(2)). The Minister must approve the Authority’s final business plan (s 21(2)) and the Authority must not depart significantly from its budget without ministerial approval (s 21(3)).

Procedural protections

• Acts or decisions of the Authority are not invalid solely because of a vacancy or defect in appointment of a member (s 12). A quorum is four members including the Chairperson or Deputy Chairperson (s 13(1)), and the presiding officer has a casting vote if voting is equal (s 13(3)). Delegations must be made by instrument under the Authority seal (s 9).

In summary, the Act sets out a mix of duties for the Authority to regulate, administer licences under the Wildlife Act, plan and report, and a set of conduct rules with penalties for members and staff. It creates powers for the Authority to delegate, to appoint authorised officers and to be treated as a corporate body, while situating it within ministerial oversight through directions and business-plan approval.

The Act provides a targeted set of penalties for misconduct by members, officers and authorised officers and sets up an enforcement architecture by importing provisions of another statute. It does not itself create detailed offence provisions for game hunters or specify administrative sanctions for licence holders in this text; those remain in the Wildlife Act 1975 and its regulations. The Act’s enforcement and penalty provisions fall into three categories: specific monetary penalties in the Act, the appointment and legal status of authorised officers and the importation of enforcement mechanics from the Conservation, Forests and Lands Act 1987, and governance remedies for members.

Monetary penalties in the Act

• Pecuniary interest non-disclosure and improper participation. A member who has a pecuniary interest in a matter and does not declare it as required at a meeting faces a penalty of 60 penalty units (s 14(1)). A member who, after declaring an interest, nevertheless remains present for deliberation or voting in contravention of the default rule faces the same penalty of 60 penalty units (s 14(4)). The Act disapplies the declaration requirement in defined circumstances where the member’s interest is no greater than any other person engaged in game hunting or management (s 14(2)).
• Improper use of information. A person who is, or has been, a member, officer or employee of the Authority must not make improper use of information acquired in the course of duties to obtain a pecuniary or other advantage. Breach attracts a penalty of 60 penalty units (s 15).
• Unauthorised disclosure. A person who is, or has been, a member, officer, employee of the Authority or an authorised officer must not disclose information obtained during their duties except as authorised in s 16(2). Unauthorised disclosure carries a penalty of 50 penalty units (s 16(1)).

Note on the meaning of “penalty units”: The Act specifies penalties in units rather than absolute dollar amounts. The monetary value of a penalty unit is determined by broader statutory instruments (not provided in this Act), so practitioners must check the current value of a penalty unit to compute actual fines.

Enforcement personnel and imported powers

• The Authority may appoint authorised officers (s 22) and must give each a certificate of appointment specifying the relevant law and geographic scope (s 22(3)). The Authority may also appoint persons to perform specified powers, functions or duties of authorised officers (s 23).
• Critically, Part 9 of the Conservation, Forests and Lands Act 1987 (except ss 83 and 84) applies to an authorised officer appointed by the Authority as if they were appointed under that Act by the Secretary (s 24). The Act therefore imports the procedural and enforcement powers contained in Part 9 of that Act. Because those powers are not reproduced here, the scope of powers (for example entry, search, seizure, inspection, issuance of notices or infringement powers) must be determined by reading the relevant Part 9 provisions of the Conservation, Forests and Lands Act 1987. Practitioners should therefore read s 24 in context with the referenced statutory provisions to understand the precise powers authorised officers will exercise.

Authority’s legal standing and procedural protections

• The Authority is a body corporate with perpetual succession, with an official seal, and with the capacity to sue and be sued (s 4(2)). Acts or decisions of the Authority are not invalid solely because of vacancies or defects in appointment (s 12). These provisions help preserve the Authority’s decisions against procedural attack founded on minor procedural irregularities.

Removal and discipline of members

• The Minister may remove a member for incapacity, negligence, improper conduct, failure to declare a pecuniary interest as required, or if the member is found guilty of an offence under this Act, the Wildlife Act 1975 or regulations made under the Wildlife Act 1975 (s 11(3)(a)-(e)). The Act therefore provides for governance sanctions that are not purely monetary but involve removal from office.

Disclosure carve-outs and enforcement collaboration

• The Act permits disclosure by members and officers in a list of circumstances including for the administration of the Act or for legal proceedings, to courts, pursuant to orders, for law enforcement purposes, or with written authority of the Authority or the person the information concerns (s 16(2)). "Relevant person" for these purposes includes the Authority, the Secretary, a person authorised by the Authority to take proceedings under section 96(1) of the Conservation, Forests and Lands Act 1987, the Director of Public Prosecutions and a police officer (s 16(3)). These carve-outs create legal pathways for sharing information with enforcement partners and for prosecutorial action.

Regulations and exemption power

• The Governor in Council may make regulations for matters required or permitted by the Act and may provide exemptions in specified cases or classes of cases (s 26). Regulations can therefore create or modify procedural, compliance or sanction mechanisms within the Act’s delegated law-making architecture.

Limitations on what the Act itself penalises

• The Act’s penalty provisions are targeted at internal governance and confidentiality breaches by Authority members and staff. The Act does not, within its own text, create specific criminal or civil offence provisions for hunters. For offences relating to hunting, licence breaches, seasons and bag limits, practitioners must look to the Wildlife Act 1975 and its regulations. The Act’s enforcement role is to staff authorised officers and to import the enforcement provisions of the Conservation, Forests and Lands Act for those officers.

In practical terms, the Act provides the Authority with personnel and institutional standing to participate in enforcement while reserving many specific operational powers to the Conservation, Forests and Lands Act and the Wildlife Act. Practitioners must therefore map enforcement questions onto the intersecting statutory texts to identify which sanctions apply, who prosecutes, and what powers authorised officers possess when exercising enforcement duties.

The Act is expressly designed to operate in conjunction with existing conservation and policing legislation. Its interaction with other statutes occurs by reference, by delegation, and by statutory substitution. The Act does not stand alone on many operational matters; instead it slots the Authority and its officers into existing statutory architectures.

Express connections

• Wildlife Act 1975. The Act’s purposes include enabling the Authority to perform or exercise regulatory functions under the Wildlife Act 1975 (s 1(b)). The Authority is charged with administering the scheme for issuing game licences under the Wildlife Act in relation to hunting, taking or destroying game (s 6(b)). The Act does not itself define the content of game licence obligations, seasons, or bag limits; those remain substantive matters under the Wildlife Act and its regulations. The Authority’s role is administrative, regulatory and advisory in relation to those rules.

• Conservation, Forests and Lands Act 1987. The Act imports enforcement mechanics from the Conservation, Forests and Lands Act 1987. Part 9 (except ss 83 and 84) of that Act applies to an authorised officer appointed under this Act as if the authorised officer were appointed under the Conservation, Forests and Lands Act by the Secretary (s 24). Moreover, s 25 applies specified sections of the Conservation, Forests and Lands Act (ss 87, 88, 88A, 89, 96, 97 and 98 with specified exceptions) to the Authority by treating references to the Secretary as references to the Authority for the purposes of Part 3 of this Act. Practitioners must therefore cross-reference the Conservation, Forests and Lands Act to determine authorised officer powers, enforcement procedures and prosecutorial pathways.

• Public Administration Act 2004. The Act permits staff to be employed under Part 3 of the Public Administration Act 2004 (s 18(1)) and permits the Authority to enter into arrangements to use services of staff of a Department, statutory authority or other public body (s 18(2)). Members in respect of the office of member are subject to the Public Administration Act 2004, other than Part 3 (s 11(1)(e)). The CEO is employed under terms and conditions approved by the Minister and specified in the instrument of appointment (s 17(2)).

• Victoria Police Act 2013. The Act uses the definition of police officer from the Victoria Police Act 2013 (s 3). This definition is relevant to the list of "relevant persons" in s 16(3) for disclosure of information.

Cross-cutting governance interactions

• Ministerial oversight. The Authority is subject to written directions from the Minister (s 8(1)), must submit its annual report to the Minister who must table it in Parliament (s 20), and must submit and obtain Ministerial approval for its business plan and cannot significantly depart from its budget without the Minister’s approval (s 21). This places the Authority inside executive accountability arrangements and intersects with ministerial powers established under other statutes concerning departmental governance and financial administration.

• Information sharing and prosecutions. The Act’s disclosure provisions (s 16) identify channels for sharing information with courts, tribunals, prosecutorial authorities, and police. "Relevant person" includes the Director of Public Prosecutions and police officers (s 16(3)). The Act therefore creates lawful pathways for cooperative enforcement with criminal and administrative justice systems.

Limitations and dependencies

• Imported powers are not reproduced. By importing Part 9 of the Conservation, Forests and Lands Act and by mapping certain references to the Secretary to references to the Authority (s 24-25), the Act relies on the text of those Acts for the detail of enforcement powers, procedural protections and offence definitions. Practitioners must read the Conservation, Forests and Lands Act 1987 to identify the precise legal powers of authorised officers, including powers to enter, search, seize, inspect, issue directions, or take other enforcement steps.

• Regulatory detail left to regulations and other Acts. The Act gives the Governor in Council power to make regulations (s 26). It also anticipates that substantive rules on game licences, seasons, bag limits, offences and penalties may be contained in the Wildlife Act 1975 and associated regulations. The Authority’s role is therefore largely one of administration, compliance oversight and advice, rather than creating substantive new criminal prohibitions in this text.

• Cross-institutional dependencies on appointment mechanics. Because authorised officers may be any specified employee of the Authority, any person employed under Part 3 of the Public Administration Act 2004, or any specified person or class of persons (s 22), the authority to exercise enforcement powers is created through appointment instruments that must be read with the Conservation, Forests and Lands Act to understand the legal scope of those appointees.

Practical consequence for practitioners

• To determine enforcement powers and potential liabilities for hunters or landholders, consult the Wildlife Act 1975 for licensing and offence provisions and the Conservation, Forests and Lands Act 1987 for the powers that authorised officers exercise as imported by s 24. For governance, funding and employment questions, consult the Public Administration Act 2004 and the Departmental governance instruments referenced by s 8(3).

In sum, the Act builds a statutory node for game management that is expressly designed to integrate with the Wildlife Act and the Conservation, Forests and Lands Act. It provides organisational and procedural scaffolding while relying on those Acts for substantive enforcement powers and many operational rules.

The Act text includes an Endnotes section that records amendments incorporated into this version up to 1 June 2020 and lists the amending Acts and their commencement dates. The table of amendments in the Endnotes is the authoritative material included in this text for amendment history. The principal amendments recorded in the provided version are:

• Game Management Authority Act 2014, No. 24/2014. Assented 8 April 2014, with commencement of s 3 and other provisions on 1 July 2014 (s 2(2) and Endnotes). The long title of the Bill is recorded and the date of assent and commencement are noted in the Endnotes.

• Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014. Assent date 3 June 2014. Commencement specified for s 10 (Schedule item 73) on 1 July 2014 via Special Gazette (No. 200) 24.6.14 p. 2. This amending Act inserted the definition of police officer from the Victoria Police Act 2013 into s 3. The Endnotes record this amendment and its commencement particulars.

• Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019. Assent date 10 September 2019. Commencement of s 50 on 1 June 2020 (s 2(2)). This Act amended the definition of threatened wildlife in s 3 in this Act. The Endnotes record the amendment and its commencement details.

• Primary Industries Legislation Amendment Act 2019, No. 40/2019. Assent date 6 November 2019. Commencement of ss 40-48 on 17 December 2019 as per Special Gazette (No. 537) 17.12.19 p. 2. These amendments modified several provisions in this Act, including inserting s 8(3), s 8A (guiding principles), s 9 delegation changes, s 11A (Acting Chairperson), s 16(3) amendments to the definition of "relevant person", s 17(2) changes concerning the CEO, s 18(1) substitution, and amendments to s 24 and s 25 to clarify application of provisions of the Conservation, Forests and Lands Act to authorised officers and the Authority. The Endnotes list these amending provisions and their commencement details.

• Other style and interpretative adjustments. The Endnotes include references to the Interpretation of Legislation Act 1984 (ILA) style changes and interpretative provisions affecting headings, examples and punctuation. Those interpretative notes do not amend substantive policy but affect how the Act is read and presented.

The Endnotes also list the current state and the fact that this version incorporates amendments to 1 June 2020. The table of amendments explicitly states that this publication incorporates the listed amending Acts and subordinate instruments.

Limitations of the amendment history in this text

• The Endnotes provide a summary table of amendments affecting the Game Management Authority Act and identify the amending Acts, assent dates and commencement details for those provisions relevant to this Act. The Endnotes do not reproduce the full text of amending Acts nor any subordinate instruments beyond the commencement particulars cited. Users needing the exact amended text or the full amendment instrument should consult the amending Acts themselves.

• The Endnotes include a section "Amendments Not in Operation" which states that this version does not contain amendments that are not yet in operation (Endnotes 3). Therefore the text before you is current up to 1 June 2020 per the version metadata.

For practitioners advising on historic compliance, transitional arrangements or the effect of amendments, the Endnotes provide the starting point for tracking how the Act has been altered. Specific operational changes introduced by the Primary Industries Legislation Amendment Act 2019 (No. 40/2019) and the Flora and Fauna Guarantee Amendment Act 2019 (No. 28/2019) should be consulted in those amending Acts to understand the detailed textual changes that were incorporated into this Act per the Endnotes.

The Act and its Endnotes as provided do not record any court decisions, litigation, or case law concerning the Game Management Authority Act 2014. The Endnotes contain a general "Endnotes" package that covers interpretative guidance and the table of amendments but do not list judicial interpretations or reported cases. The Act itself names no cases.

Practical implications of the absence of recorded litigation in the Act text

• No precedent recorded in the Act. Because the Act does not include or refer to any judicial decisions, the statutory text alone must be interpreted on its face. Practitioners seeking judicial interpretation of ambiguous provisions (for example, the scope of ministerial directions, the meaning of "relevant law" in authorising officers, or the interaction between s 6 functions and Wildlife Act obligations) will need to search external legal databases and case reports for decisions that interpret this Act or its relationship with the Wildlife Act 1975 and the Conservation, Forests and Lands Act 1987.

• Enforcement powers are imported. For enforcement-related litigation, likely sources of litigation and judicial guidance will stem from how Part 9 of the Conservation, Forests and Lands Act 1987 has been interpreted in courts, because s 24 imports that Part (except ss 83 and 84) to authorised officers appointed under this Act. Similarly, litigation on licensing and hunting offences will be found in cases under the Wildlife Act and associated regulations.

• Emerging jurisprudence likely outside the Act text. Given the Authority’s roles in licensing, compliance and research, disputes could arise about administrative decisions, disclosure obligations, the lawfulness of authorised officer actions, or the validity of Ministerial directions. Those disputes will be litigated under administrative law principles and in the context of the other Acts imported by this statute. The absence of litigation references in the Act makes clear that Law Report and tribunal searches are necessary for a full litigation history.

Recommended next steps for practitioners wanting litigation guidance

• Search case law databases and tribunal decisions for references to the Game Management Authority Act 2014, the Wildlife Act 1975 and Part 9 of the Conservation, Forests and Lands Act 1987 to locate judicial or tribunal decisions that interpret the interplay between these Acts.
• Where authorised officer powers or enforcement mechanics are at issue in litigation, prioritise cases that interpret the relevant sections of the Conservation, Forests and Lands Act 1987 that are applied by s 24.
• For disputes relating to Ministerial directions, budgets and governance frameworks, consider administrative law and public law cases that interpret ministerial direction powers or the limits of statutory regulators’ discretion in comparable statutory regimes.

In short, the Act’s text contains no litigation history. Understanding how courts have interpreted the institution, its powers and its interaction with other statutes requires external case law research focused on this Act and its related statutory references.

This Act contains a number of concrete operational features and potential traps for practitioners and regulated parties. The "gotchas" below are not judgemental; they are source-grounded signals of where statutory language places obligations, discretion, or dependencies that can produce non-obvious consequences.

Ministerial directions and budget control

• Written directions from the Minister bind the Authority (s 8(1)). Any such directions must be published in the Authority’s annual report (s 8(2)). The Authority must also obtain Ministerial approval of its business plan and cannot depart significantly from its budget without the Minister’s approval (s 21(2)-(3)). Practically, the Authority’s operational independence is constrained; its strategic and financial manoeuvre requires Ministerial sign-off. For those advising the Authority, attention to the timing and content of business-plan submissions and to the handling of Ministerial directions is critical.

Delegations must be by instrument under the official seal

• The power of delegation to employees or public servants must be made by instrument under the Authority’s seal (s 9). Delegations that are informal, not sealed, or not properly recorded may be vulnerable. The Act also explicitly prevents delegation of the power of delegation. Administrative practice must therefore ensure formal sealed instruments exist and are stored correctly.

Penalty units and actual fines

• The Act specifies penalties in penalty units rather than dollar amounts for offences by members and officers (s 14, s 15, s 16). The monetary value of a penalty unit changes over time by reference to other instruments. Legal advisers must check the current value of penalty units to advise clients on the actual financial exposure.

Confidentiality and authorised disclosures

• s 16 broadly prohibits disclosure by members, officers and authorised officers, but enumerates multiple carve-outs including disclosures for the administration of this Act, legal proceedings, courts, orders, law enforcement, or with written authority. The allowed disclosures include assistance to a "relevant person" which includes the Authority, Secretary, specified prosecutorial actors and a police officer (s 16(2)-(3)). Practitioners must carefully document the legal basis for any disclosure. Informal or mischaracterised disclosures can attract penalties.

Imported enforcement powers not reproduced in this Act

• The Act imports Part 9 of the Conservation, Forests and Lands Act 1987 (except ss 83 and 84) for authorised officers (s 24). However, the details of operational powers, thresholds for search or seizure, and procedural safeguards are located in that other Act. Advisers must not assume particular powers exist without cross-referencing the Conservation, Forests and Lands Act.

Scope of appointments and certificates for authorised officers

• The certificate of appointment for an authorised officer must specify both the relevant law and whether the appointment is for the whole of Victoria or a part (s 22(3)). Omitting to specify geographic scope or relevant law on the certificate could raise challenges to lawfulness of an authorised officer’s actions if a court requires strict compliance.

Pecuniary interest rules and exceptions

• Members must declare pecuniary interests with heavy penalties for non-compliance (s 14). There is an exception for members engaged in game hunting or management where the interest is "no greater than that of any other person so engaged" (s 14(2)). That exception is narrow and factual; members and advisers should document any reliance on it. There is also a procedural requirement that the chairperson record declarations in minutes (s 14(3)).

Transitional appointment of existing authorised officers

• s 27 provides a 28-day transitional period during which persons who immediately prior to commencement were authorised officers under the Conservation, Forests and Lands Act and who are employed by the Authority continue to be authorised officers under the old appointment unless reappointed by the Authority under this Act within the 28-day period. Failure to reappoint within that window could create a lapse in authorised status for individuals who became Authority employees at commencement.

Definition cross-references

• The Act uses terms defined in other Acts (for example, "game", "game licence", "protected wildlife" refer to definitions in the Wildlife Act 1975; "police officer" refers to the Victoria Police Act 2013) (s 3). Practitioners need to follow those cross-references to understand exactly who or what is captured by these definitions.

Public transparency requirements and ministerial discretion

• The Authority must publish its business plan on the internet and make it available to the public (s 21(5)). This creates expectations of transparency for stakeholders. However, the Minister has a role in approving the business plan and can require amendments (s 21(2)). The interplay can create tension between transparency obligations and Ministerial control.

Delegation to public servants only

• Delegation power under s 9 is framed to employees of the Authority or persons employed under Part 3 of the Public Administration Act 2004. If the Authority seeks to delegate to external contractors or non-public persons, the Act does not expressly permit that; delegation is limited to internal employees or public servants, so contractual arrangements will not substitute for delegation of statutory functions.

Criminal or regulatory enforcement of hunters left to other Acts

• The Act’s enforcement-oriented provisions for hunters are indirect: the Authority administers licences and appoints authorised officers, but the criminal or regulatory details of hunting offences, penalties and the means of prosecution are in the Wildlife Act 1975 and the Conservation, Forests and Lands Act. Practitioners advising hunters or landholders must therefore consult the other statutes for the operative offence framework.

In short, the Act creates a new regulator with formal governance and administrative controls and imports enforcement powers. The main implementation pitfalls involve unrecognised ministerial constraints, delegation formalities, certificate details for authorised officers, confidentiality strictures, and the need to cross-reference other Acts for substantive enforcement provisions.

This section provides concrete, source-grounded steps and checklists for the Authority, its members and staff, authorised officers, Ministers and regulated parties such as hunters and public land managers. All references below are to provisions in the Game Management Authority Act 2014.

For the Authority as an organisation

• Establish corporate formalities. Ensure the Authority has an official seal and that the seal is kept in custody and used only as authorised by the Authority (s 4(2)(b), s 4(4)). All delegations required by s 9 must be made by instrument under the Authority’s official seal, so control of the seal and record-keeping is essential.
• Set up the Game Management Authority Account. Establish and keep the specific account for all moneys received by the Authority; ensure all income from investments is paid into the account and expenses are paid out of it as required (s 19(1)-(3)). Retain financial records in a manner that supports business-plan submission and reporting obligations.
• Prepare and submit the annual business plan on time. Each year prepare a draft three-year business plan that sets objectives and priorities, financial projections, the next year’s budget and a statement of intended activities, and submit it by the date required by the Minister (s 21(1)). After Ministerial directions, submit the final business plan for approval (s 21(2)). Do not depart significantly from the budget without the Minister’s prior approval (s 21(3)). Make the approved business plan available to the public and publish it on the internet (s 21(5)).
• Meet annual reporting obligations. Prepare and submit the annual report to the Minister on or before 30 September for the year ending 30 June (s 20(1)). Include information requested by the Minister (s 20(2)). Coordinate the laying of the report before Parliament by the Minister (s 20(3)).
• Implement procedures to capture Ministerial directions. If the Minister exercises the written direction power, record the direction formally and ensure it is reported in the annual report (s 8(1)-(2)). Maintain internal processes to align operations with any governance framework agreed with the Minister and the Secretary (s 8(3)).

For members and the board

• Appointment and remits. Ensure appointments follow the Minister’s requirements, including the Chairperson and Deputy Chairperson roles (s 10(1)-(2)). Track terms of appointment (maximum three years) and instruments specifying terms (s 11(1)(a)-(b)). If vacancy occurs close to term expiry, consider the six-month vacancy rule (s 11(6)).
• Skills matrix. The Minister must attempt to ensure collectively the board has the specified skills and knowledge (s 10(3)); where relevant, provide documentation to recruitment processes to demonstrate how candidates fulfil the enumerated skills such as wildlife biology, legal practice, animal welfare, Aboriginal culture and identity, private and public land management, and communications.
• Declare pecuniary interests and keep minutes. Members must declare pecuniary interests as soon as practicable at a meeting and the chair must ensure the declaration is recorded in minutes (s 14(1), (3)). Ensure that members who declare must not be present during deliberation or voting unless the Authority resolves otherwise (s 14(4)). Strict compliance is required because failure attracts a penalty of 60 penalty units.
• Confidentiality and information handling. Members must not improperly use information (s 15) or disclose information except under the narrow permitted circumstances in s 16(2). Keep secure information-handling procedures and a record of any permitted disclosure made under s 16(2), including the statutory basis for disclosure and any written authority.

For the CEO and staff

• CEO appointment and responsibilities. The Chairperson must employ a CEO on terms approved by the Minister and specified in the instrument of appointment (s 17(1)-(2)). The CEO must administer day-to-day management subject to Authority policies and directions (s 17(3)).
• Employment under Public Administration Act 2004. Employ staff as necessary under Part 3 of the Public Administration Act 2004 where appropriate (s 18). Where using staff from other Departments or agencies, ensure formal agreements or arrangements are in place (s 18(2)).
• Delegation records. Where the Authority delegates functions, do so by sealed instrument and maintain a register of delegations to employees or public servants (s 9).

For authorised officers

• Certificate of appointment requirements. Issue a certificate of appointment specifying the relevant law for which the person is appointed and whether the appointment is for the whole or part of Victoria, and if for part specify the part of Victoria (s 22(3)). Keep originals and copies available for inspection to avoid challenges that could invalidate actions taken.
• Training and legal cross-referencing. Provide authorised officers with training and written guidance that explicitly cross-references Part 9 of the Conservation, Forests and Lands Act 1987, since that Part applies to authorised officers appointed under this Act (s 24). Ensure officers understand the limits of their powers, the necessary thresholds for action and the procedural safeguards, because those provisions are located in the Conservation, Forests and Lands Act.
• Appointment scopes and records. Keep precise records of which relevant laws each authorised officer is appointed for, and the geographic scope, to avoid acting outside appointment authority (s 22).

For public land managers and hunters (regulated parties)

• Licensing queries. Understand that the Authority administers the game licence scheme under the Wildlife Act 1975 in relation to hunting, taking or destroying game (s 6(b)). For licensing requirements, seasons and offences consult the Wildlife Act and its regulations; the Authority will be the administrator and compliance monitor, but the substantive legal obligations are in that other statute.
• Engagement with operational plans and stakeholder processes. The Authority must develop operational plans addressing sustainable hunting and humane treatment and must have regard to stakeholder engagement as a guiding principle (s 6(e); s 8A(e)). Regulated parties should expect consultative processes and should monitor the Authority’s published plans and research outputs.
• Information requests and disclosure. If responding to requests from the Authority or authorised officers, note the Authority’s power to disclose information in specified circumstances, and the confidentiality duties on Authority staff and officers (s 16). Where personal data or sensitive material is involved, ensure processes for authorisations and court orders are followed.

For Ministers and the Secretary

• Use written directions sparingly and record them for publication. Any written direction given to the Authority must be published in the annual report (s 8(2)). Prepare for this transparency when making directions that could affect operational independence.
• Use governance framework to align with departmental policy. The Authority must operate consistently with any governance framework agreed with the Minister and the Secretary (s 8(3)). The Secretary should document any governance framework and ensure the Authority has a copy and implementation guidance.

General compliance and audit checklist

• Confirm formal seal custody and delegation instruments (s 4(4), s 9).
• Establish and maintain the Game Management Authority Account and financial records (s 19).
• Prepare and publish the business plan and annual report on time, and ensure Ministerial requirements are met (s 20-21).
• Issue and store certificates of appointment for authorised officers with specified scope (s 22(3)).
• Ensure all members and staff have training on pecuniary interest disclosure, confidential information handling, and permitted disclosure pathways (s 14-16).
• Cross-reference the Conservation, Forests and Lands Act 1987 for enforcement powers that authorised officers will exercise (s 24).
• Establish procedures for collaboration with public land managers and for stakeholder engagement, consistent with s 6(f) and s 8A(e).

Adherence to these source-grounded compliance steps will align internal practices with the statutory duties and reduce risk of procedural non-compliance or exposure to the financial penalties specified in the Act.