National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018 (South Australia)

These regulations establish the operational, record‑keeping and tagging regime that governs the commercial and personal taking of specified kangaroo species under the National Parks and Wildlife Act 1972 (the Act). Mechanically, the instrument:

Creates a sealed tag system, including issue, colour coding, numbering, ownership, custody, permitted transfers, return and destruction procedures (Part 2, regs 5-14, reg 8 on out‑of‑date tags).
Makes particular provisions into conditions of a section 60J commercial harvesting permit and a section 53(1)(c) personal‑use permit, so permit holders must comply with these regulations as permit conditions (regs 15-17; reg 16). The regulations therefore operate through permit conditions rather than by establishing separate private rights.
Prescribes where and how permit holders may take kangaroos (reg 19), including limits to commercial harvest sub‑regions and, for reserve lands, requirements tied to reserve plans (reg 19(2)).
Requires possession of the appropriate unused sealed tag and a field record book prior to taking, immediate attaching of a tag to the carcass/skin after taking, and immediate recording of identity, date and property on the tag and the detailed record in a field record book (regs 22-25; Schedule 2).
Imposes a monthly return obligation (no more than 14 days after the last day of each month) using Director‑supplied forms, and a three‑year documentary retention requirement for field books and returns (regs 27, 28).
Regulates who can sell, supply, receive or purchase carcasses and skins and in what form, including prohibition on permit holders selling skins and restriction that carcasses for sale must be supplied only to licensed kangaroo meat processors and in specified dressed form (regs 32-34, 41-42).

South Australia National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018 under the National Parks and Wildlife Act 1972

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of regulations 4A Additional species to which Part 5 Division 4B of Act applies Part 2—Sealed tags 5 Issue and supply of sealed tags 6 Period for which sealed tags may be issued 7 Unused sealed tags to be kept in safe place and loss to be reported to Director 8 Unused sealed tags that are out of date 9 Sealed tag colours and numbers 10 Method of attaching sealed tags 11 Prohibition of attachment of sealed tags to kangaroos not taken under permit or attachment of objects that are not sealed tags 12 Prohibition of unauthorised alteration, damage or destruction of sealed tags 13 Removal and destruction of sealed tags 14 Prohibition of possession of used sealed tags Part 3—Harvesting kangaroos under section 60J permit Division 1—Preliminary 15 Part 3 interpretation 16 Provisions of this Part are conditions of section 60J permit 17 Permit holder must not contravene regulations Division 2—Taking kangaroos 18 Only permit holder may take kangaroo 19 Permit holder may only take from land within commercial harvest sub-region 20 Permit holder with commercial use sealed tag supplied by regional landowner may only take from landowner's land 21 Requirement for Director to be given notice of location of chiller before taking kangaroo 22 Requirement to possess sealed tag before taking kangaroo 23 Requirement to be in possession of field record book before taking kangaroo 24 Requirement to attach sealed tag after taking kangaroo 25 Requirement to record taking on tag and in field record book after taking kangaroo Division 3—Field record books and returns 26 Requirement to keep field record book 27 Requirement to provide returns 28 Requirement to keep field record books and copies of returns 29 Requirement to notify Director if books or copies of returns lost, damaged 30 Requirement to produce books or copies of returns on request 31 Requirement to produce books or copies of returns for court proceedings Division 4—Sale and supply of kangaroos 32 Requirement to sell, supply to meat processor 33 Only head-shot etc kangaroos to be sold, supplied 34 Prohibition of sale or supply of skin of kangaroo Part 4—Taking kangaroos for personal use under section 53(1)(c) permit 35 Part 4 interpretation 36 Requirement to possess personal use sealed tag before taking kangaroo 37 Requirement to attach sealed tag, and record permit number, after taking kangaroo for personal use Part 5—Miscellaneous 38 Prohibition of taking while in possession of incorrect sealed tags 39 Prohibition of possession etc of carcasses, skins without sealed tags 40 Prohibition of removal of carcasses, skins from private land without sealed tags 41 Prohibition of sale, supply, purchase, receipt of carcasses, skins without commercial use sealed tags 42 Form of carcass for sale or supply 43 Further restrictions on taking of kangaroos 44 Electronic form of books and returns 45 Failure to comply that is breach of condition by permit holder not to constitute offence against regulations Schedule 1—Point for attaching sealed tags Schedule 2—Field record books; returns 1 Information to be recorded in section 60J permit field record book (regulation 26) 2 Information to be recorded in section 60J permit return (regulation 27) Schedule 3—Transitional provisions Part 1—Preliminary 1 Interpretation Part 3—Transitional provisions 3 Permits granted before the commencement of these regulations 4 Period for provision of returns that were required under revoked regulations 5 Applications, nominations, returns etc made or provided before the commencement of these regulations 6 Approvals, authorisations, requests etc granted or made before the commencement of these regulations 7 Carcasses and skins of kangaroos taken before the commencement of these regulations 8 Sealed tags issued before the commencement of these regulations Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the National Parks and Wildlife Act 1972; back, of a sealed tag, means the side of the tag that does not display the number allotted to the tag; carcass, of a kangaroo, has the same meaning as in the Act, but does not include skin that has been removed from the rest of the carcass of a kangaroo; chiller means an appliance, room or structure approved for use for the provision of refrigeration facilities for the storage of kangaroo carcasses under an accreditation under the Primary Produce (Food Safety Schemes) Act 2004; commencement date, in relation to a sealed tag, means— (a) the date of issue of the tag; or (b) such later date as is specified in writing by the Director as the commencement date when the tag is issued; Commercial Code of Practice means the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes, endorsed by the Natural Resource Management Ministerial Council (First edition, 2008), as in force from time to time; commercial harvest management region means an area of the State— (a) designated by the kangaroo plan of management as a commercial harvest management region for the taking of kangaroos of a common species; and (b) divided into commercial harvest sub-regions for which commercial harvest quotas for the taking of such kangaroos may be set under the plan from time to time; commercial harvest sub-region means an area of the State (forming part of a commercial harvest management region)— (a) that is designated by the kangaroo plan of management as a commercial harvest sub-region; and (b) for which a commercial harvest quota for the taking of kangaroos of a common species is currently in force under the plan; commercial use, of a kangaroo that has been taken, means the sale or supply of the carcass or skin of the kangaroo; commercial use sealed tag means a sealed tag issued for attachment to the carcass or skin of a kangaroo taken for commercial use; common, in relation to species of kangaroo, means the following species of kangaroo: (a) eastern grey kangaroo—Macropus giganteus; (b) euro (wallaroo) (hill kangaroo)—Macropus robustus; (c) red kangaroo—Macropus rufus; (d) tammar wallaby—Macropus eugenii; (e) western grey kangaroo—Macropus fuliginosus; completed, in relation to a field record book of the holder of a section 60J permit, means a field record book that has been completed (or is no longer used) by the permit holder, other than— (a) a book completed (or whose use was discontinued) before the commencement of these regulations; or (b) a book that is no longer required to be kept by the permit holder under regulation 28; field processing, in relation to a kangaroo taken pursuant to a section 60J permit, means dressing the carcass into a form in which it is permitted to be sold under these regulations; field record book—see regulation 26; imported, in relation to the carcass of a kangaroo, means imported into the State under a section 59 permit; kangaroo means an animal of the genus Macropus; kangaroo field processor means a person who— (a) is the holder of a section 60J permit that authorises the holder to take kangaroos of a specified common species by means of a firearm for sale or use; and (b) conducts field processing of the kangaroos so taken; kangaroo meat processor means a person who— (a) carries on the business of processing kangaroo carcasses for human or animal consumption or for any other purpose; and (b) is the holder of a section 58(3) permit authorising the holder to sell kangaroo carcasses and skins; kangaroo plan of management means the South Australian Commercial Kangaroo Management Plan 2018-2022, being the plan of management in relation to the harvesting of common kangaroo species adopted by the Minister under section 60I of the Act, notice of the adoption of which was published in the Gazette on 19 December 2017 at page 5104, as varied or substituted from time to time; kangaroo skin tanner means a person who— (a) carries on the business of tanning skins; and (b) is the holder of a section 58(3) permit authorising the holder to sell kangaroo skins; nominated means nominated to the Director in accordance with these regulations; number, of a sealed tag, means the numbers, letters or other marks identifying the tag; out of date, in relation to an unused sealed tag—see subregulation (2); personal use, of a kangaroo that has been taken, means any use of the carcass or skin of the kangaroo other than the sale or supply of the carcass or skin; personal use sealed tag means a sealed tag issued for attachment to the carcass or skin of a kangaroo taken for personal use; regional landowner means an owner of land that is located within a commercial harvest management region; rendered unusable, in relation to a sealed tag—see subregulation (2); reserve, in relation to species of kangaroo, means the following species of kangaroo: (a) euro (wallaroo) (hill kangaroo)—Macropus robustus; (b) red kangaroo—Macropus rufus; (c) western grey kangaroo—Macropus fuliginosus melanops; return book—see regulation 27; sealed tag means a tag issued by the Director for attachment to the carcass or skin of a kangaroo to show that royalty has been paid in relation to the taking of the kangaroo; section 53(1)(c) permit means a permit granted under section 53(1)(c) of the Act; section 58(3) permit means a permit granted under section 58(3) of the Act; section 59 permit means a permit granted under section 59 of the Act; section 60J permit means a permit granted under section 60J of the Act; skin, of a kangaroo, means the whole or any part of the skin of a kangaroo that has been removed from the rest of the carcass of the kangaroo; unused, in relation to a sealed tag, means a sealed tag that has not been attached to the carcass or skin of a kangaroo; use, in relation to a kangaroo that has been taken, does not include allowing the kangaroo to lie on the land, or burying or burning the kangaroo, where it was taken; working day means any day other than a Saturday or a Sunday or other public holiday. (2) For the purposes of these regulations— (a) an unused sealed tag will be taken to be out of date if— (i) the initial period, referred to in regulation 6(1), for which the tag was issued has expired and no extension has been granted; or (ii) the latest extension of that initial period, referred to in regulation 6(1) or (2), has expired and no extension has been granted; (b) the recording of information on (or other alteration of) a sealed tag after the tag has been issued will not, if that recording (or other alteration) is— (i) required by these regulations; or (ii) authorised in writing by the Director, be taken to be an alteration of the tag, and the tag will not (by reason only of the recording or other alteration) be taken to have been altered, damaged or destroyed; (c) a sealed tag will be taken to have been rendered unusable if the tag has been cut in half or its number has been obliterated or removed from the rest of the tag. 4—Application of regulations (1) Unless the contrary intention appears, these regulations apply only in relation to kangaroos taken pursuant to a section 60J permit or a section 53(1)(c) permit. (2) These regulations do not apply to, or in relation to— (a) the carcass of a kangaroo after a sealed tag attached to the carcass has been removed from the carcass in accordance with these regulations; or (b) the skin of a kangaroo after a sealed tag attached to the skin has been removed from the skin in accordance with these regulations. 4A—Additional species to which Part 5 Division 4B of Act applies Pursuant to section 60G(3) of the Act, Part 5 Division 4B of the Act is declared to apply to, and in relation to, protected animals of the following species: (a) eastern grey kangaroo—Macropus giganteus; (b) tammar wallaby—Macropus eugenii; (c) western grey kangaroo—Macropus fuliginosus fuliginosus. Part 2—Sealed tags 5—Issue and supply of sealed tags (1) The Director may issue sealed tags in accordance with these regulations. (2) A commercial use sealed tag may only be issued to— (a) a kangaroo meat processor; or (b) a kangaroo field processor; or (c) a regional landowner. (3) The Director will— (a) issue a numbered sealed tag of such colour; and (b) maintain such records in relation to the tag, as will enable the matters referred to in regulation 9 to be identified from the tag. (4) A sealed tag issued by the Director remains the property of the Crown. (5) A person to whom a sealed tag is issued must, in a manner and form approved by the Director, provide such information and make such nominations as are required by the Director for the purposes of these regulations (and a nomination so made may be altered with the approval of the Director). (6) A kangaroo meat processor or regional landowner to whom a commercial use sealed tag is issued may supply the tag to a kangaroo field processor who is nominated to the Director in accordance with these regulations as the person who is to take the kangaroo. (7) A kangaroo field processor who is in possession of a commercial use sealed tag pursuant to subregulation (6) may, if authorised to do so by the kangaroo meat processor or regional landowner referred to in that subregulation, supply the tag to another kangaroo field processor nominated to the Director in accordance with these regulations as the person who is to take the kangaroo. (8) A holder of a section 53(1)(c) permit to whom a personal use sealed tag is issued may supply the tag to a person who is to take the kangaroo pursuant to that permit. (9) A person to whom a sealed tag has been issued or supplied must not sell or supply the tag to another person unless— (a) permitted to do so by this regulation or regulation 8; or (b) authorised in writing to do so by the Director. Maximum penalty: $2 000. Expiation fee: $200. 6—Period for which sealed tags may be issued (1) The Director may issue a sealed tag for a period not exceeding 12 months from the commencement date of the tag and may (at the Director's complete discretion), if the tag is originally issued for a period of less than 12 months, extend or further extend that period (in such manner as the Director thinks fit) to a period not exceeding 12 months in total. (2) If a sealed tag originally issued for 12 months or whose original period has been extended to 12 months under subregulation (1) has not been used before the expiry of that 12 month period (being 12 months from the commencement date of the tag), the Director may, on application in accordance with this regulation by the person who has possession of the tag, extend (by written notice to that person) the period during which the tag may be used for up to a further 12 months. (3) An application under subregulation (2) must be made— (a) within 30 days before the expiry of the 12 month period (from the commencement date of the tag) referred to in that subregulation; and (b) in a manner and form approved by the Director. (4) A sealed tag may only be used during the period for which it has been issued, or, if that period has been extended in accordance with this regulation, during that extended period. 7—Unused sealed tags to be kept in safe place and loss to be reported to Director A person who has an unused sealed tag must— (a) keep the tag in a place that is secure against theft, loss or damage; and (b) if the tag is stolen, lost or damaged, inform the Director of the identity of the tag before the end of the next working day after the day on which the person becomes aware of that theft, loss or damage. Maximum penalty: $2 000. Expiation fee: $200. 8—Unused sealed tags that are out of date (1) A person to whom a sealed tag is issued must ensure that any such tag that is unused and out of date is, in a manner and form approved by the Director, returned to the Director before it is 30 days out of date. Maximum penalty: $2 000. Expiation fee: $200. (2) It is a defence to a charge of an offence against subregulation (1) to prove that the person to whom the sealed tag was issued— (a) supplied the tag to another person in accordance with these regulations; and (b) took all reasonable steps to ensure that the tag so supplied was returned to the Director in accordance with subregulation (1). (3) Where an unused sealed tag is out of date, the Director may, on application in accordance with this regulation by the person to whom the tag was issued, repay the royalty paid in respect of the tag. (4) An application under subregulation (3) must be made— (a) within 30 days after the last time that the sealed tag became out of date; and (b) in a manner and form approved by the Director. (5) A person must not have possession of an unused sealed tag that is more than 30 days out of date. Maximum penalty: $2 000. Expiation fee: $200. (6) A warden may seize an unused sealed tag that is more than 30 days out of date. 9—Sealed tag colours and numbers (1) A commercial use sealed tag— (a) must be marked with a number; and (b) must be of the following colour— (i) if it is to be attached to a red kangaroo—orange; (ii) if it is to be attached to a western grey kangaroo—white; (iii) if it is to be attached to a euro—blue; (iv) if it is to be attached to a kangaroo of a common species other than a species specified above—a colour determined by the Director and notified in the Gazette for that species (not being yellow or a colour specified in, or determined under, this subregulation for kangaroos of another common species). (2) A commercial use sealed tag must, by reason of its colour and number, identify— (a) the tag as a commercial use sealed tag; and (b) the species of the kangaroo to which it is to be attached; and (c) the commercial harvest sub-region nominated as the sub-region from which the kangaroo is to be taken; and (d) the kangaroo field processor nominated to take the kangaroo. (3) A personal use sealed tag must be marked with a number and must be yellow in colour. (4) A personal use sealed tag must, by reason of its colour and number, identify— (a) the tag as a personal use sealed tag; and (b) if the kangaroo is to be taken on land that is within a commercial harvest sub-region—the commercial harvest sub-region nominated as the sub-region from which the kangaroo is to be taken. 10—Method of attaching sealed tags (1) Where a sealed tag is to be attached to the carcass of a kangaroo, it must be attached to the skin of the carcass at the point indicated in Schedule 1. (2) Where a personal use sealed tag is to be attached to the skin of a kangaroo that has been removed from the rest of the carcass of the kangaroo, it must be attached to the skin at the point indicated in Schedule 1. (3) In each case the tag must be firmly attached in the following manner: (a) the strip of plastic that constitutes the tag must be passed through the skin and formed into a loop that encloses at least 3 centimetres of skin; and (b) the loop must be completed and locked into place around the enclosed portion of skin such that the tag is secured. (4) Despite this regulation, where a kangaroo is taken for personal use and the portion that is to be so used does not include the point of attachment indicated in Schedule 1— (a) the personal use sealed tag may be attached to the portion (or, if more than 1 portion is to be used, to 1 such portion) at any suitable point; and (b) where the portion is a portion of carcass that has no skin, the tag must be attached to the flesh of the carcass in the manner described in subregulation (3) for attachment to the skin. (5) Where a kangaroo taken for personal use is, on being taken, divided into portions and more than one such portion is to be used, all portions that are to be used must (until use) be kept— (a) in the same bag or other container as the portion to which the sealed tag is attached and separate from any portion of a different kangaroo or other animal; or (b) in such other manner as allows the clear identification of the portions to which the tag relates. (6) A sealed tag attached in accordance with this regulation will, for the purposes of these regulations, be taken to be attached in accordance with this regulation to each portion referred to in subregulation (5) that is kept in the manner specified in the subregulation. 11—Prohibition of attachment of sealed tags to kangaroos not taken under permit or attachment of objects that are not sealed tags A person must not— (a) attach a sealed tag to the carcass or skin of a kangaroo other than a kangaroo that has been taken pursuant to a section 60J permit or a section 53(1)(c) permit; or (b) attach any other object to the carcass or skin of a kangaroo, unless the person is authorised to do so— (c) in writing by the Director; or (d) under another Act or law. Maximum penalty: $2 000. Expiation fee: $200. 12—Prohibition of unauthorised alteration, damage or destruction of sealed tags (1) A person must not alter, damage or destroy an unused sealed tag unless the person— (a) is required to do so by these regulations; or (b) is authorised in writing to do so by the Director. Maximum penalty: $2 000. Expiation fee: $200. (2) A person must not alter, damage or destroy a sealed tag that is attached to the carcass or skin of a kangaroo unless the alteration, damage or destruction— (a) occurs in removing the attached sealed tag from the carcass or skin pursuant to these regulations; or (b) is required by these regulations; or (c) is authorised in writing by the Director. Maximum penalty: $2 000. Expiation fee: $200. 13—Removal and destruction of sealed tags (1) A person must not remove or attempt to remove a sealed tag from the carcass or skin of a kangaroo unless the person— (a) is authorised to do so by this regulation; or (b) is authorised in writing to do so by the Director. Maximum penalty: $2 000. Expiation fee: $200. (2) A commercial use sealed tag may be removed from the carcass (but not the skin) of a kangaroo by a kangaroo meat processor when the kangaroo meat processor processes the carcass. (3) A commercial use or personal use sealed tag may be removed from the skin of a kangaroo by a kangaroo skin tanner when the skin is tanned in the course of the kangaroo skin tanner's business. (4) A personal use sealed tag may be removed from the carcass or skin of a kangaroo by the person who took the kangaroo when personal use is made of the carcass or skin. (5) A person who removes a sealed tag from the carcass or skin of a kangaroo in accordance with these regulations must, if the tag is not destroyed or rendered unusable in being removed, immediately destroy the tag or render it unusable. Maximum penalty: $2 000. Expiation fee: $200. 14—Prohibition of possession of used sealed tags A person must not have possession of a sealed tag that has been removed from the carcass or skin of a kangaroo unless— (a) the tag has been destroyed or rendered unusable in accordance with regulation 13(5); or (b) the person is authorised in writing to do so by the Director. Maximum penalty: $2 000. Expiation fee: $200. Part 3—Harvesting kangaroos under section 60J permit Division 1—Preliminary 15—Part 3 interpretation In this Part, unless the contrary intention appears— kangaroo meat processor means a person who— (a) carries on the business of processing kangaroo carcasses for human or animal consumption or for any other purpose; and (b) is the holder of a section 58(3) permit authorising the holder to sell kangaroo carcasses and skins or a corresponding licence or permit under the laws of another State or a Territory of the Commonwealth; permit means a section 60J permit that authorises the taking of a kangaroo of a common species; permit holder means the person to whom the section 60J permit is granted. 16—Provisions of this Part are conditions of section 60J permit The provisions of this Part are, unless otherwise stated in a permit, conditions of a section 60J permit that authorises the taking of a kangaroo of a common species. 17—Permit holder must not contravene regulations The permit holder must not contravene or fail to comply with a requirement of these regulations or of other regulations under the Act. Division 2—Taking kangaroos 18—Only permit holder may take kangaroo The permit holder must not cause or permit another person to— (a) take a kangaroo pursuant to the permit; or (b) sell, supply or use the carcass or skin of such a kangaroo pursuant to the permit. 19—Permit holder may only take from land within commercial harvest sub-region (1) The permit holder may only take a kangaroo pursuant to the permit from land that is within a commercial harvest sub‑region for which a commercial harvest quota for that species of kangaroo is currently in force under the kangaroo plan of management. (2) If land referred to in subregulation (1) is a reserve under the Act, the permit holder may only take a kangaroo from the reserve pursuant to the permit if— (a) the kangaroo is a kangaroo of a reserve species; and (b) the plan of management adopted by the Minister for the reserve under section 38 of the Act (the reserve plan of management) provides for the culling of kangaroos of that species from the reserve; and (c) the kangaroo may be taken without exceeding the number of kangaroos of that species permitted to be culled under the reserve plan of management; and (d) the kangaroo is taken in accordance with any requirements under the reserve plan of management for the taking of such a kangaroo from the reserve. 20—Permit holder with commercial use sealed tag supplied by regional landowner may only take from landowner's land Where a commercial use sealed tag issued to a regional landowner and subsequently supplied by the landowner to the permit holder (either directly or through another permit holder in accordance with regulation 5(7)) is to be used, the permit holder may only take a kangaroo pursuant to the permit from the land of that regional landowner (or from such part of it as the landowner authorises). 21—Requirement for Director to be given notice of location of chiller before taking kangaroo Where a commercial use sealed tag is to be used, the permit holder must not take a kangaroo pursuant to the permit unless notice has been given to the Director— (a) at least 24 hours before the kangaroo is taken; and (b) in a manner and form approved by the Director, of the intended location of the chiller in which the carcass is first to be stored after field processing. 22—Requirement to possess sealed tag before taking kangaroo The permit holder must not take a kangaroo pursuant to the permit unless the person is in possession of an unused sealed tag that— (a) is appropriate for the use (commercial or personal) to be made of the kangaroo; and (b) is one for which the commercial harvest sub-region containing the land on which the kangaroo is to be taken is nominated; and (c) in the case of a commercial use sealed tag— (i) is the correct colour for the species of kangaroo to be taken; and (ii) identifies the permit holder as the kangaroo field processor nominated to take the kangaroo; and (d) is not out of date; and (e) has not been altered or damaged. 23—Requirement to be in possession of field record book before taking kangaroo The permit holder must not take a kangaroo pursuant to the permit unless the permit holder is in possession of the permit holder's field record book at the location at which the kangaroo is taken. 24—Requirement to attach sealed tag after taking kangaroo (1) The permit holder must, immediately after taking a kangaroo pursuant to the permit, attach to the carcass of the kangaroo in accordance with these regulations an unused sealed tag that— (a) is the appropriate tag for the use (commercial or personal) to be made of the carcass; and (b) is a tag for which the commercial harvest sub-region containing the land on which the kangaroo was taken is nominated; and (c) in the case of a commercial use sealed tag— (i) is the correct colour for the species of kangaroo taken; and (ii) identifies the permit holder as the kangaroo field processor nominated to take the kangaroo; and (d) is not out of date; and (e) has not been altered or damaged. (2) The permit holder must attach a tag in accordance with subregulation (1) whether or not the carcass or skin of the kangaroo is in fact then used. 25—Requirement to record taking on tag and in field record book after taking kangaroo (1) The permit holder must, immediately after taking a kangaroo pursuant to the permit— (a) record on the back of the sealed tag attached to the carcass of the kangaroo, legibly and in a manner and form approved by the Director, the identity of the permit holder and the date and property on which the kangaroo was taken; and (b) record in the permit holder's field record book the information specified in Schedule 2. (2) If the back of a tag is not accessible, the information referred to in subregulation (1)(a) may be recorded in accordance with that subregulation elsewhere on the tag, but not so as to obscure the number allotted to the tag. Division 3—Field record books and returns 26—Requirement to keep field record book The permit holder must keep a book (a field record book) for the purpose of recording the information required by Schedule 2 in relation to each kangaroo taken pursuant to the permit. 27—Requirement to provide returns (1) The permit holder must, no more than 14 days after the last day of each month, provide the Director with a return completed and signed by the permit holder that sets out the information required by Schedule 2. (2) For that purpose, the permit holder must use a return supplied by the Director, whether supplied individually or bound in the form of a book (the return book). 28—Requirement to keep field record books and copies of returns The permit holder must keep each completed field record book, and a copy of each completed return provided to the Director, in a safe and secure place— (a) at the permit holder's principal place of residence; or (b) at such other location as may be approved by the Director on application by the permit holder, for a period of at least 3 years. 29—Requirement to notify Director if books or copies of returns lost, damaged Where a field record book, return book, completed field record book or copy of a completed return is lost or damaged, the permit holder must notify the Director of that loss or damage before the end of the next working day after the day on which the permit holder becomes aware of it. 30—Requirement to produce books or copies of returns on request The permit holder must, as soon as is practicable after being requested to do so by a warden, produce for inspection by the warden any field record book, return book, completed field record book or copy of a completed return that is in the custody or control of the permit holder. 31—Requirement to produce books or copies of returns for court proceedings The permit holder must, if the permit holder is charged with an offence against the Act or regulations made under the Act and has custody or control of a field record book, return book, completed field record book or copy of a completed return that the Director or a warden believes is relevant to the charge, produce that book or copy to the court that hears the charge if the Director or warden requests the permit holder to do so. Division 4—Sale and supply of kangaroos 32—Requirement to sell, supply to meat processor The permit holder must not sell or supply the carcass of a kangaroo taken for commercial use pursuant to the permit to a person other than a kangaroo meat processor. 33—Only head-shot etc kangaroos to be sold, supplied The permit holder must not sell or supply the carcass of a kangaroo taken for commercial use pursuant to the permit unless— (a) the kangaroo was taken in accordance with the Commercial Code of Practice; and (b) the kangaroo has not suffered damage from a firearm other than damage to the head. 34—Prohibition of sale or supply of skin of kangaroo The permit holder must not sell or supply the skin of a kangaroo taken pursuant to the permit. Part 4—Taking kangaroos for personal use under section 53(1)(c) permit 35—Part 4 interpretation In this Part, unless the contrary intention appears— section 53(1)(c) permit means a permit granted under section 53(1)(c) of the Act that authorises the taking of a kangaroo for personal use. 36—Requirement to possess personal use sealed tag before taking kangaroo (1) Subject to this regulation, a person must not take a kangaroo pursuant to a section 53(1)(c) permit for personal use unless the person is in possession of an unused personal use sealed tag that— (a) if the kangaroo is to be taken on land that is within a commercial harvest sub-region—is one for which that sub-region is nominated; and (b) is not out of date; and (c) has not been altered or damaged. Maximum penalty: $2 000. Expiation fee: $200. (2) Subregulation (1) does not apply to a person who is exempted by the section 53(1)(c) permit from a requirement under these regulations to attach a sealed tag to the carcass or skin of a kangaroo taken pursuant to the permit. 37—Requirement to attach sealed tag, and record permit number, after taking kangaroo for personal use (1) Subject to this regulation, a person who takes a kangaroo pursuant to a section 53(1)(c) permit for personal use must, immediately after taking the kangaroo— (a) attach an unused personal use sealed tag that complies with subregulation (2) to the carcass or skin of the kangaroo in accordance with these regulations; and (b) record on the back of the tag, legibly and in a manner and form approved by the Director, the number of the section 53(1)(c) permit pursuant to which the kangaroo was taken. Maximum penalty: $2 000. Expiation fee: $200. (2) The sealed tag— (a) must, if the kangaroo was taken on land that is within a commercial harvest sub-region, be one for which that sub-region is nominated; and (b) must not be out of date; and (c) must not have been altered or damaged. (3) If the back of a tag is not accessible, the information referred to in subregulation (1)(b) may be recorded in accordance with that subregulation elsewhere on the tag, but not so as to obscure the number allotted to the tag. (4) This regulation does not apply to a person who is exempted by the section 53(1)(c) permit from a requirement under these regulations to attach a sealed tag to the carcass or skin of a kangaroo taken pursuant to the permit. Part 5—Miscellaneous 38—Prohibition of taking while in possession of incorrect sealed tags A person must not, without reasonable excuse, take a kangaroo on any land— (a) pursuant to a section 60J permit; or (b) if the land is within a commercial harvest sub-region, a section 53(1)(c) permit, while in possession of an unused sealed tag, if the land on which the kangaroo is taken is not within the commercial harvest sub-region nominated for that sealed tag as the sub-region from which the kangaroo must be taken. Maximum penalty: $2 000. Expiation fee: $200. 39—Prohibition of possession etc of carcasses, skins without sealed tags A person must not have possession or control of the carcass or skin of a kangaroo taken pursuant to a section 60J permit or a section 53(1)(c) permit (other than a section 53(1)(c) permit referred to in regulation 37(4)) unless a sealed tag is attached to the carcass or skin in accordance with these regulations. Maximum penalty: $2 000. Expiation fee: $200. 40—Prohibition of removal of carcasses, skins from private land without sealed tags Where a kangaroo is taken on private land pursuant to a section 60J permit or a section 53(1)(c) permit (other than a section 53(1)(c) permit referred to in regulation 37(4)), a person must not remove the carcass or skin of the kangaroo from the land unless a sealed tag is attached to the carcass or skin in accordance with these regulations. Maximum penalty: $2 000. Expiation fee: $200. 41—Prohibition of sale, supply, purchase, receipt of carcasses, skins without commercial use sealed tags (1) A person must not sell or supply the carcass or skin of a kangaroo unless a commercial use sealed tag is attached to the carcass or skin in accordance with these regulations. Maximum penalty: $2 000. Expiation fee: $200. (2) A kangaroo meat processor must not purchase or receive the carcass of a kangaroo unless— (a) a commercial use sealed tag is attached to the carcass in accordance with these regulations; or (b) in the case of a carcass imported from another State or a Territory of the Commonwealth—a corresponding tag is attached to the carcass in accordance with the laws of that State or Territory. Maximum penalty: $2 000. Expiation fee: $200. 42—Form of carcass for sale or supply (1) Subject to this regulation, a person must not sell or supply the carcass of a kangaroo in any form other than— (a) as the whole of the carcass (with the skin attached) that remains after the head, the tail, the rear legs to the first joint and all of the abdominal organs (other than the heart, lungs, liver and kidneys) have been removed; or (b) that described in paragraph (a), but including the tail (not detached from the rest of the carcass). Maximum penalty: $2 000. Expiation fee: $200. (2) Despite subregulation (1), the carcass of a kangaroo may be sold or supplied in such other form as may be specified in a section 60J permit or section 58(3) permit pursuant to which it is sold or supplied. 43—Further restrictions on taking of kangaroos (1) The Director may, by notice in the Gazette and in a newspaper circulating in the area in which the notice will apply— (a) declare a weight limit for the taking of kangaroos or the sale or supply of kangaroo carcasses under the Act; or (b) prohibit or impose other restrictions on the taking of kangaroos under the Act, where in the opinion of the Director such a weight limit, prohibition or restriction is necessary for the preservation or conservation of kangaroos. (2) A notice under subregulation (1) may— (a) be restricted in its application to kangaroos taken in a specified part of the State; or (b) vary in its application according to the species or sex of the kangaroos; or (c) specify any other factors in relation to the application of the weight limit, prohibition or restriction, and may be varied or revoked by a subsequent notice under that subregulation. (3) A person must not contravene or fail to comply with a weight limit, prohibition or other restriction declared or imposed under subregulation (1). Maximum penalty: $2 000. Expiation fee: $200. 44—Electronic form of books and returns (1) Where a person is required by these regulations to record information in a field record book, return book or return, and the Director authorises the book or return to be kept in electronic form or provided to the Director by means of an electronic communication— (a) a reference in these regulations to a field record book, return book, return, completed field record book or copy of a completed return includes a reference to the book, return or copy in that electronic form; and (b) a reference in these regulations to the provision of a completed return to the Director includes a reference to provision by means of that authorised electronic communication; and (c) a reference in these regulations to the supply by the Director of a return book or return includes a reference to the supply by the Director of a template or other structure for that electronic form of the book or return; and (d) a reference in these regulations to the production of a field record book, return book, completed field record book or copy of a completed return at the request of a warden, or to a court at the request of the Director or a warden, means production in the form (electronic or printed) requested. (2) A requirement in these regulations that a completed field record book or copy of a completed return be kept in a safe and secure place at a residence or other location will, if such a book or copy is maintained in electronic form, be taken to be a requirement that the book or copy be kept in that electronic form in a place at that residence or other location at which it is safe and secure and can be readily accessed should it be required to be produced to a warden or a court in accordance with these regulations. (3) If, for the purposes of these regulations— (a) there is a requirement that a person must sign a completed return or other document that is to be provided to the Director; and (b) the document is provided in electronic form, that requirement will be taken to have been satisfied if an electronic signature, or other method, approved by the Director, is used to identify the person providing the document. 45—Failure to comply that is breach of condition by permit holder not to constitute offence against regulations If— (a) a person is the holder of a section 60J permit; and (b) the person contravenes or fails to comply with a provision of these regulations or other regulations under the Act; and (c) that contravention or failure to comply constitutes a breach of a condition of the permit under regulation 17, that contravention or failure to comply does not constitute an offence against the regulation concerned. Note— A breach of a condition of a section 60J permit will constitute an offence against section 70A of the Act. Schedule 1—Point for attaching sealed tags

Schedule 2—Field record books; returns 1—Information to be recorded in section 60J permit field record book (regulation 26) (a) Date on which the kangaroo was taken (b) Property on which kangaroo taken (c) Species of the kangaroo (d) Sex of the kangaroo (e) Number of the sealed tag attached to the carcass or skin of the kangaroo (f) Weight of the carcass of the kangaroo (kg) 2—Information to be recorded in section 60J permit return (regulation 27) (a) Month and year to which return relates (b) Name of permit holder (c) Address of permit holder (d) Registration number of permit holder's vehicle (e) Make and model of permit holder's vehicle (f) Date on which kangaroo taken (g) Property on which kangaroo taken (h) Tag allocation number (i) Species of kangaroo taken (j) Location of chiller in which carcass was stored (k) Code assigned to the chiller under Primary Produce (Food Safety Schemes) Act 2004 (l) Number of kangaroo carcasses of each sex (m) Total weight in kilograms of kangaroo carcasses of each sex (n) Number of kangaroo carcasses sold (per species) (o) Date carcasses sold (p) Total weight in kilograms of carcasses for each sale (q) Name of purchaser of carcasses (r) Kangaroo sealed tag numbers for carcasses left in field, with date, location and reason left (s) Total number of kangaroo sealed tags lost and number of each tag Schedule 3—Transitional provisions Part 1—Preliminary 1—Interpretation In this Schedule— the revoked regulations means the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003. Part 3—Transitional provisions 3—Permits granted before the commencement of these regulations A reference in these regulations to a permit granted under a provision of the Act includes a reference to such a permit whether granted before, on or after the commencement of these regulations. 4—Period for provision of returns that were required under revoked regulations (1) A requirement under regulation 23 of the revoked regulations that the holder of a section 60J permit provide the Director with a return within a 14 day period, will, if— (a) a permit holder to whom the requirement applied did not comply with the requirement before the commencement of these regulations; but (b) the 14 day period for compliance by the permit holder had not elapsed at the time of that commencement, be taken to be a requirement under regulation 27 of these regulations that the permit holder's return be provided to the Director (in the manner and form required by the revoked regulations) within the portion of that 14 day period that remains after the commencement of these regulations. (2) If the 14 day period referred to in subclause (1) extends beyond the expiry or revocation of the permit to which the return relates, subclause (1) applies despite that expiry or revocation. 5—Applications, nominations, returns etc made or provided before the commencement of these regulations An application or nomination, or the provision of a return or a notice or other information, made or undertaken by a person before the commencement of these regulations pursuant to and in accordance with a provision of the revoked regulations, will be taken to have been made or undertaken pursuant to and in accordance with the corresponding provision of these regulations. 6—Approvals, authorisations, requests etc granted or made before the commencement of these regulations (1) Subject to these regulations, an approval, authorisation, request or notice by the Director or a warden given or made for the purposes of the revoked regulations that remains in effect immediately before the commencement of these regulations, will be taken to have been given or made by the Director or warden for the purposes of the corresponding provision of these regulations. (2) Despite subclause (1), a waiver granted pursuant to regulation 13(2) of the revoked regulations does not apply for the purposes of these regulations. 7—Carcasses and skins of kangaroos taken before the commencement of these regulations A person who complies with a provision of the revoked regulations in relation to the carcass or skin of a kangaroo taken before the commencement of these regulations will be taken to have complied with the corresponding provision of these regulations. 8—Sealed tags issued before the commencement of these regulations A sealed tag issued by the Director before the commencement of these regulations that is unused at the time of that commencement— (a) will be taken to continue as a sealed tag issued by the Director under these regulations if the tag was required to be used within an initial or extended period— (i) that expires after the commencement of these regulations; or (ii) that expired before the commencement of these regulations, but not more than 3 months before; and (b) will for the purposes of these regulations be taken to be out of date— (i) in the case of a tag referred to in subparagraph (a)(i)— (A) on the expiry of the initial or extended period referred to in paragraph (a); or (B) 30 days after the commencement of these regulations, whichever occurs last; or (ii) in the case of a tag referred to in subparagraph (a)(ii)—3 months after the expiry of the initial or extended period referred to in paragraph (a). Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018 revoked the following: National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2018 201 Gazette 16.8.2018 p3127 1.9.2018: r 2 2019 240 Gazette 7.11.2019 p3816 1.1.2020: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

r 2 omitted under Legislation Revision and Publication Act 2002 1.1.2020 r 3

r 3(1)

commercial harvest management region substituted by 240/2019 r 4(1) 1.1.2020 commercial harvest sub‑region inserted by 240/2019 r 4(1) 1.1.2020 common substituted by 240/2019 r 4(2) 1.1.2020 reserve inserted by 240/2019 r 4(3) 1.1.2020 r 4A inserted by 240/2019 r 5 1.1.2020 Pt 2

r 9

r 9(1) substituted by 240/2019 r 6 1.1.2020 Pt 3

r 19 substituted by 240/2019 r 7 1.1.2020 Pt 4

r 37

r 37(1) varied by 240/2019 r 8 1.1.2020 Sch 3

Pt 2 omitted under Legislation Revision and Publication Act 2002 1.1.2020

1 National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018

South Australia National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018 under the National Parks and Wildlife Act 1972

Sealed tags: The sealed tag is the central compliance device. Defined as a tag issued by the Director to show that royalty has been paid (reg 3, definition of sealed tag; reg 5(4) states tags remain Crown property). Tags are numbered, colour coded to species and identify the commercial harvest sub‑region and nominated kangaroo field processor (reg 9(1)-(2)). Personal use tags are yellow and must identify the sub‑region when relevant (reg 9(3)-(4)). The Director controls issuance, records, extensions, and approvals for tag nominations and transfers (regs 5-6).

Commercial harvest sub‑regions and quotas: The regulations operate within the kangaroo plan of management framework (defined as the South Australian Commercial Kangaroo Management Plan 2018-2022, reg 3 definition). Permit holders may only take in commercial harvest sub‑regions for which a quota is currently in force (reg 19(1)). The Director may impose further restrictions or weight limits by Gazette notice for conservation reasons (reg 43).

Permit‑condition model: The regulations state that Part 3 provisions are conditions of a section 60J permit (reg 16), and that permit holders must not contravene the regulations (reg 17). Where a contravention is a breach of a permit condition, reg 45 clarifies that that breach does not itself constitute an offence against the regulation in question, but a breach may nevertheless be an offence under section 70A of the Act (Reg 45 note).

Record and traceability regime: Permit holders must maintain a field record book and submit monthly returns on forms supplied by the Director (regs 26-27; Schedule 2 lays out specific fields). Records must be kept for a minimum of three years at the principal residence or another Director‑approved secure location (reg 28). The Director may authorise electronic forms and electronic signatures (reg 44).

Supply chain restrictions and product form rules: The regime separates roles: kangaroo field processors (permit‑holders taking carcasses for sale), kangaroo meat processors (licensed businesses that process carcasses for human or animal consumption and hold section 58(3) permits), kangaroo skin tanners (licensed for skins) and regional landowners (who may be issued commercial tags) (reg 3 definitions). Permit holders must sell carcasses only to kangaroo meat processors (reg 32). They must not sell skins (reg 34). Meat processors may remove commercial tags from carcasses upon processing; tanners may remove skin tags when tanning (reg 13(2)-(3)). Permitted carcass form for sale is specifically described (reg 42).

Compliance and enforcement architecture: The Director and wardens have record and seizure powers: wardens may seize unused tags more than 30 days out of date (reg 8(6)), and may request production of record books (reg 30). Many contraventions carry a maximum penalty of $2,000 and an expiation fee of $200 (visible across multiple regulations). The Director also retains discretion to authorise exceptions, transfers and electronic systems (regs 5, 12, 13, 44).

Integration with food safety and interstate regimes: The scheme requires the chiller used for carcass storage to be accredited under the Primary Produce (Food Safety Schemes) Act 2004 (definition of chiller, reg 3), and meat processors may accept imported carcasses provided a corresponding tag is attached under the laws of the exporting State or Territory (reg 41(2)(b)). This creates an explicit point of intersection with other statutory safety and interstate tagging regimes.

Species coverage: The regulations define which kangaroo species are "common" (reg 3) and add specific species to which Part 5 Division 4B of the Act applies (reg 4A). The Schedule and definitions set the species that the commercial harvest and permitting regime targets.

Primary regulated parties:

Section 60J permit holders: commercial kangaroo harvesters who are authorised to take specified common species by firearm for sale or use. The regulations explicitly make many provisions conditions of such permits (regs 15-17, 16). Permit holders carry direct compliance obligations: possess and attach appropriate sealed tags (regs 22, 24), keep a field record book and provide monthly returns (regs 26-28), sell carcasses only to kangaroo meat processors (reg 32), and comply with the Commercial Code of Practice and head‑shot requirement for carcasses to be sold (reg 33).
Kangaroo field processors: defined as permit holders who conduct field processing and take kangaroos for sale (reg 3 definitions). They may be issued commercial use sealed tags (reg 5(2)(b)) and may supply tags to nominated field processors under regulated conditions (reg 5(6)-(7)).
Kangaroo meat processors and skin tanners: businesses that process carcasses and skins. Meat processors may be issued commercial use sealed tags (reg 5(2)(a)) and may remove commercial tags from carcasses when processing (reg 13(2)); they are prohibited from purchasing carcasses lacking an attached commercial use sealed tag, except where a corresponding interstate tag exists (reg 41(2)). Skin tanners may remove tags from skins when tanning (reg 13(3)).
Regional landowners: owners of land within a commercial harvest management region (reg 3). They may be issued commercial use sealed tags (reg 5(2)(c)) and may supply those tags to nominated kangaroo field processors, with the Director notified (reg 5(6)). If a commercial use tag issued to a regional landowner is supplied to a permit holder, that permit holder may only take from the landowner’s land (reg 20).

Indirectly affected parties:

Buyers and distributors of kangaroo meat and by‑products: They face a downstream assurance requirement that carcasses are accompanied by a commercial use sealed tag, and that meat processors will only accept appropriately tagged or correspondingly tagged interstate imports (reg 41).
Private landowners where kangaroos are taken: A carcass taken on private land cannot be removed from that land unless a sealed tag is attached (reg 40). Where land is part of a reserve, the reserve plan of management imposes additional constraints (reg 19(2)).

Administrative actors:

The Director: central administrative role,issues and records sealed tags (reg 5), authorises forms, approves electronic methods (reg 44), receives nominations, may extend tags (reg 6), may declare weight limits or other restrictions by Gazette notice (reg 43), and may authorise in writing otherwise restricted actions (e.g. tag transfers, reg 5(9), removal of tags reg 13(1)(b)).
Wardens: enforcement operatives who may request production of records (reg 30), seize unused tags out of date (reg 8(6)), and take part in investigation and prosecution activities as empowered under the Act and these regulations.

Who pays and who decides:

Permit holders and tagged parties bear direct compliance costs: purchase of sealed tags (royalty implied by definition), securing tags, record keeping, monthly returns and potential transport and storage in accredited chillers (reg 3 definition, reg 21 requiring 24‑hour notice of chiller location). The Director decides on tag issue, approvals, transfers, extensions and authorisations (regs 5-6, 44), and may impose additional conservation measures (reg 43).

Behaviour changes imposed:

Additional administrative and traceability behaviour: possession rules, immediate tagging and recording, monthly reporting and retention for 3 years (regs 22-28).
Market flow constraints: sale of carcasses only to licensed meat processors (reg 32), prohibition on sale of skins by permit holders (reg 34), and prohibitions on sale, supply or purchase without commercial tags (reg 41).
Spatial constraint on where harvesting can occur: only within sub‑regions with an active quota, or on land authorised by the regional landowner for tags supplied by them (regs 19-20).

Compliance burden distribution is concentrated on permit holders and those in the primary processing chain; benefits from traceability and quota control, where intended, accrue diffusely (public and conservation outcomes stated in reg 43). The Director’s discretionary role creates single‑point administrative decision authority over critical operational elements (issuing, extending and authorising tags; approving electronic systems; declaring weight limits).

Key duties imposed on permit holders and persons in the supply chain are set out across Parts 2-5. They are both procedural and substantive.

Duties relating to sealed tags (Part 2):

Obtain appropriate sealed tags from the Director: commercial use sealed tags may only be issued to kangaroo meat processors, kangaroo field processors or regional landowners (reg 5(2)). The Director records numbers and colours and retains ownership of the tags (reg 5(3)-(4)).
Maintain custody and security of unused tags and report loss: unused tags must be kept securely and loss/damage must be reported to the Director before the end of the next working day (reg 7).
Return unused out‑of‑date tags within 30 days and do not possess tags more than 30 days out of date (reg 8(1), (5)), with a mechanism to apply for repayment of the royalty in certain circumstances (reg 8(3)-(4)).
Do not sell sealed tags unless permitted by regulation or authorised in writing by the Director (reg 5(9)).
Attach tags to carcasses/skins in the specified manner: to the point in Schedule 1, forming a loop enclosing at least 3 cm of skin and locked (reg 10(1), (3)). Special rules for personal use portioning and containers (reg 10(4)-(6)).
Do not attach sealed tags to kangaroos not taken under a relevant permit, nor attach other objects (reg 11).

Duties connected to taking and processing (Part 3 and Part 4):

Only the permit holder may take a kangaroo under their permit and must not permit another person to take, sell or use the carcass or skin under that permit (reg 18).
Take only from land within the relevant commercial harvest sub‑region and, for reserve lands, comply with reserve plan criteria (reg 19).
If using a landowner‑issued tag, take only from that landowner’s land (reg 20).
Notify the Director at least 24 hours prior to taking of the intended location of the chiller where carcass is first stored after field processing (reg 21).
Possess the unused, appropriate sealed tag and field record book before taking (regs 22-23); attach the tag immediately after taking even if not going to be used (reg 24(2)).
Record identity, date and property on the back of the tag and specified details in the field record book immediately after taking (reg 25; Schedule 2 for required items).

Duties on sales, supply and form (Part 3 Division 4):

Sell or supply carcasses taken for commercial use only to a kangaroo meat processor (reg 32).
Only carcasses taken in accordance with the Commercial Code of Practice and with only head damage from firearm may be sold/supplied (reg 33).
Do not sell or supply skins taken under the permit (reg 34).
Meat processors must not purchase carcasses unless a commercial use sealed tag is attached, or, for imported carcasses, unless a corresponding interstate tag is attached (reg 41(2)).

Duties on record keeping and returns:

Keep field record books for each kangaroo taken pursuant to the permit (reg 26) and provide monthly returns no more than 14 days after the last day of each month, on Director supplied forms (reg 27).
Keep completed field record books and copies of returns for at least three years at the principal place of residence or Director‑approved secure location (reg 28).
Produce books and returns to the Director, warden, or a court upon request (regs 30-31). Notify the Director of loss/damage of books before the end of the next working day (reg 29).

Rights and Director discretions:

The Director may issue, extend and reissue sealed tags and authorise in writing transfers, special alterations or exceptions (regs 5-6, 8(3)-(4), 12-13 authorisations).
The Director may approve electronic book/return systems and accept electronic signatures (reg 44).
Where a sealed tag is unused and out of date, the Director may repay the royalty upon application, subject to time limits (reg 8(3)-(4)).
The Director may declare additional restrictions or weight limits by Gazette notice for preservation or conservation reasons (reg 43(1)), and may authorise persons in writing to remove tags or to possess used tags (reg 13(1), 14(b)).

Interaction with permit law:

The regulations are largely implemented through being conditions of section 60J permits (reg 16). A breach of the regulations may be a breach of a permit condition and will be handled under the Act’s permit enforcement provisions (reg 45 and note referencing s 70A of the Act).

Operationally significant constraints:

Tags remain Crown property (reg 5(4)), so possession is a delegated use not ownership. Removal of tags from carcasses or skins is tightly controlled (reg 13).
Records and returns are formalised and subject to production requests; failure to retain or present them triggers specified penalties and may be used in prosecutions under the Act (regs 27-31).

Penalty structure:

Many specific contraventions across these regulations carry the same statutory maximum penalty of $2,000 and an expiation fee of $200. Examples include failing to keep unused sealed tags secure or to report loss (reg 7), failing to return out‑of‑date unused tags (reg 8(1)), prohibited attachment of tags or objects (reg 11), unauthorised alteration or destruction of tags (regs 12-13), possession of used tags (reg 14), taking while in possession of incorrect tags (reg 38), possession of carcasses or skins without a sealed tag (reg 39), removal of carcasses from private land without tags (reg 40), and sale/purchase/supply without commercial use sealed tags (reg 41). Reg 43(3) associates the same penalty and expiation fee with contravening any Director‑declared weight limit or restriction.

Enforcement actors and tools:

Director: central administrative enforcement power,issues and records tags, approves electronic compliance systems, receives returns, may authorise exceptions, and may declare further harvest restrictions (regs 5, 6, 43, 44). The Director also can repay royalty for unused out‑of‑date tags on application (reg 8(3)-(4)). The Director is empowered to authorise removal or possession of used tags in writing (reg 13(1), 14(b)).
Wardens: operational enforcers under the Act and these regulations. Wardens may request production of books or returns (reg 30) and may seize an unused sealed tag that is more than 30 days out of date (reg 8(6)). Field book production to wardens must be complied with as soon as practicable (reg 30).
Courts: records and returns must be produced to courts upon request where relevant (reg 31). Prosecutions for offences under the regulations fall to the normal court processes.

Permits and administrative remedies:

Many obligations are conditions of a section 60J permit (reg 16). Reg 45 states that contravention of a regulation that constitutes a breach of a permit condition does not by itself constitute an offence against that regulation; however, note to reg 45 indicates a breach of a condition of a section 60J permit will constitute an offence under section 70A of the Act. This creates a dual pathway: regulatory offences with set monetary penalties, and permit condition enforcement under the Act with potentially separate consequences.

Seizure and preservation powers:

Wardens can seize unused sealed tags more than 30 days out of date (reg 8(6)). The regulations also require destruction or rendering unusable of tags that are removed in authorised circumstances and prohibit possession of used tags unless destroyed or specifically authorised by the Director (regs 13(5), 14).

Compliance evidence and traceability:

The regulations make documentary evidence a core enforcement tool. Immediate recording on the back of the tag and in field record books (reg 25), monthly returns (reg 27), and three‑year retention (reg 28) create a documentary trail that wardens and the Director can inspect or require in court (regs 30-31). The Director may accept electronic records and signatures as authorised, but this remains at the Director’s approval (reg 44).

Penalties are modestly calibrated monetarily (maximum $2,000), which suggests enforcement is likely to rely heavily on record inspections, production requests, seizure of out‑of‑date tags, and permit enforcement actions under the Act (reg 45 and the note referencing s 70A). Administrative discretion is concentrated in the Director for many critical exemptions and authorisations, creating a single administrative node that shapes enforcement outcomes.

Explicit cross‑references in the instrument tie the kangaroo harvesting regulatory framework to the National Parks and Wildlife Act 1972 (the Act) and to other statutory regimes.

Interaction with the National Parks and Wildlife Act 1972:

The regulations are made under the Act and operate as subordinate legislation that sets conditions for permits created by the Act. The regulations repeatedly reference specific permit types established under the Act: section 60J permits (commercial harvesting permits), section 58(3) permits (kangaroo meat processors and skin tanners), section 59 permits (import permits), and section 53(1)(c) permits (personal use permits) (regs 3 definitions, Parts 3 and 4).
Reg 16 expressly makes the provisions of Part 3 conditions of section 60J permits, so compliance enforcement can be pursued both under these regulations and under Act‑based permit enforcement provisions, including section 70A cited in reg 45 note. The regulations thus operate through the Act’s permit architecture rather than creating an autonomous licence.

Interface with food safety law:

The regulations define “chiller” by reference to accreditation under the Primary Produce (Food Safety Schemes) Act 2004 (reg 3 definition of chiller). Schedule 2 of the regulations requires returns to identify the chiller and its code under the Primary Produce Act (Schedule 2(k)-(l)). Reg 21 requires notice of the intended location of the chiller where the carcass is first stored. This links the harvest traceability regime to accredited food safety infrastructure and creates a checkpoint for both food safety compliance and administrative traceability.

Inter‑state recognition:

Reg 41(2)(b) allows kangaroo meat processors to accept carcasses imported from another State or Territory if a corresponding tag is attached according to that State or Territory’s laws. This is an explicit interstate recognition mechanism for sealed‑tagging regimes, subject to the exporting jurisdiction’s corresponding rules.

Commercial Code of Practice and animal welfare:

Reg 33 requires carcasses sold or supplied for commercial use to have been taken in accordance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (Commercial Code of Practice, reg 3 definition). The regulations therefore integrate an external welfare standard into the conditions for sale and supply.

Administrative law linkages:

The Director’s powers to make approvals, authorise electronic records and accept electronic signatures (reg 44) bring administrative law principles into play: approvals and authorisations are discretionary, expressly requiring written approval or written authorisation for certain exceptions (e.g. reg 5(9), reg 13(1)(b)). The instrument therefore requires administrative processes and record keeping that will be subject to standard public law review rights in principle where exercise of discretion is challenged, although the regulations themselves do not set out review procedures.

Reserve plans and reserve law:

Where land from which a permit holder wishes to take kangaroos is a reserve under the Act, reg 19(2) requires compliance with the reserve plan of management adopted under section 38 of the Act. Thus reserve management regimes under the Act can override or limit commercial harvesting in reserves.

Electronic records and signatures:

Reg 44 permits the Director to authorise electronic books, returns and electronic signatures. This creates an intersection with electronic transactions and records law and raises questions about authentication standards and data security; the regulation places the approval point with the Director.

Taken together, these interactions create a compliance network that links harvesting permits, food safety accreditation, animal welfare codes, reserve management provisions, and interstate tagging regimes. The regulations embed traceability and processing checkpoints at the nodes where these other legal regimes operate.

The legislative history included in the instrument shows the principal regulations were made in 2018 and later varied in 2019, with the variations commencing 1 January 2020. The 2018 and 2019 instruments and variation notes in the provided history identify specific substitutions and insertions. Key points:

Principal regulations: National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018 (No. 201), Gazette 16.8.2018 p3127, commencement as stated in r 2 was 1.9.2018 (reg 2 omitted under Legislation Revision and Publication Act 2002 as a later technical change with effect 1.1.2020).
Variation instrument: 2019, No. 240, Gazette 7.11.2019 p3816, with a commencement date of 1.1.2020 (r 2). The 2019 instrument made a number of textual substitutions and insertions across the regulations. The legislative history lists specific provisions varied by 240/2019 r 4-8. For example:
- Definitions changes in r 3: substitutions and insertions to terms such as commercial harvest management region, commercial harvest sub‑region, common (species list), and reserve, as effected by r 4(1)-(3) of the 2019 variation (commencing 1.1.2020).
- Insertion of reg 4A by 240/2019 r 5 (commencing 1.1.2020) which declares additional species to which Part 5 Division 4B of the Act applies (see reg 4A in the instrument).
- Substitution of reg 9(1) by 240/2019 r 6 (1.1.2020), affecting sealed tag colours and labelling.
- Substitution of reg 19 by 240/2019 r 7 (1.1.2020), changing where permit holders may take kangaroos (notably the introduction of commercial harvest sub‑region constraints).
- Variation of reg 37(1) by 240/2019 r 8 (1.1.2020) affecting requirements for personal use sealed tag possession and recording.
- Schedule and Pt 2 omissions or changes due to the Legislation Revision and Publication Act 2002 consequential renumbering or drafting adjustments.
Revocation: The 2018 Regulations revoked the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003, as listed in the legislative history.
Transitional provisions: Schedule 3 sets out transitional arrangements for permits, returns, previously issued sealed tags, applications and approvals made before commencement (Schedule 3 Parts 1 and 3). Schedule 3(8) specifically addresses sealed tags issued before commencement, including treatment of expiry and the window for being taken to be out of date.

Practical consequences of the amendment history:

The 2019 changes implemented from 1 January 2020 modified definitional scope, tagging colour rules, spatial limits on taking (introduction/clarification of commercial harvest sub‑regions and quotas), and record/possession requirements for personal use tags. The transitional provisions preserve the continuity of pre‑existing permits and previously issued tags subject to time‑bound exceptions.

The instrument’s legislative history thus records a relatively recent re‑framing (2018) and a substantive variation (2019) focused on clarifying species, sub‑regions and tag marking. All variation entries in the history reference the specific regulation numbers varied and the commencement date of 1 January 2020 for the variations.

The provided text contains no references to judicial decisions or litigation outcomes. The instrument itself does not name cases, report judicial interpretation, or include any annexed legal proceedings. The only statutory litigation cues present in the regulations are procedural and evidentiary:

The regulations set out rules for production of records and returns in court proceedings (reg 31). They require permit holders to produce field record books, return books or copies of returns where the Director or a warden believes they are relevant to a charge and requests production (reg 31).
Reg 45 clarifies the relationship between breaches of permit conditions and offences under the regulations, and the note to reg 45 points to section 70A of the Act as the enforcement pathway for breach of a permit condition.

Because the source contains no cases, there is no recorded litigated interpretation of the regulations in the text. For practitioners considering litigation risks or precedents, the instrument indicates likely enforcement forums will involve:

Administrative enforcement under the Act, including section 70A prosecutions for breach of permit conditions (reg 45 note).
Summary proceedings for contraventions of the regulations carrying monetary penalties and expiation fees, enforced through the courts in the ordinary way where expiation is not paid.
Seizure and production requests by wardens and evidentiary use of field books and returns in prosecutions (regs 8(6), 30, 31).

Absent judicial authority in the provided material, assessments of how courts will interpret obligations, the Director’s discretions, or the inter‑action between permit penalties and regulatory offences must be provisional and derived from the text: the regulations deliberately route many responsibilities through permit conditions (reg 16) and through the Director’s authorisations (regs 5, 13, 44), which creates administrative adjudication points that could be the subject of future litigation or review under administrative law principles.

The regulations contain several features that can produce operational surprises if not carefully managed.

Sealed tags are Crown property and tightly regulated

Although an issued sealed tag is held by the recipient, reg 5(4) states the sealed tag remains Crown property. Recipients therefore have custodial rather than property rights. Selling tags is prohibited unless permitted by regulation or authorised in writing by the Director (reg 5(9)). This places legal limits on secondary markets for tags and creates constraints where tags are misallocated or lost.

Return windows and out‑of‑date possession limits

An unused sealed tag must be returned to the Director before it is 30 days out of date (reg 8(1)). Further, a person must not possess an unused sealed tag that is more than 30 days out of date (reg 8(5)), and a warden may seize unused sealed tags more than 30 days out of date (reg 8(6)). Holders must apply for repayment of the royalty within 30 days after the last time the tag became out of date (reg 8(3)-(4)). Time limits are short and mechanistic.

Immediate attachment and record timing

The permit holder must attach the sealed tag immediately after taking and record the required information on the back of the tag and in the field record book “immediately after taking” (reg 24(1), reg 25(1)). Delays or ambiguity over “immediately” could be a point of enforcement. If the back of the tag is inaccessible, reg 25(2) allows recording elsewhere on the tag but not obscuring the tag number.

Transfer and nomination complexity

Commercial use sealed tags can be issued to meat processors, field processors or regional landowners (reg 5(2)). A kangaroo meat processor or regional landowner may supply a tag to a nominated kangaroo field processor (reg 5(6)), and field processors may supply further to other nominated field processors with Director notification (reg 5(7)). However reg 20 limits use of a regional‑landowner issued tag to the landowner’s land. The layered nomination and supply rules can create liability traps if tags are transferred without proper nomination or Director approval; reg 5(5) requires information and nominations “in a manner and form approved by the Director”.

Form and species colour coding may be enforced strictly

Commercial tags must be the correct colour for the species and identify the sub‑region and processor (reg 9(1)-(2)). Reg 22 requires that the permit holder be in possession of a sealed tag that is appropriate for the use, for which the sub‑region is nominated, the correct colour (for commercial tags) and not out of date. Mistakes in colour or nomination can render the tag defective and expose the holder to penalties under regs 22, 38, 39 and 41.

Tag handling on removal and destruction

If a tag is removed lawfully (reg 13(2)-(4)), the person removing it must immediately destroy or render it unusable if it is not destroyed in removing (reg 13(5)). Reg 14 then prohibits possession of a removed tag unless destroyed or authorised in writing by the Director. Practical operations processing carcasses and skins must ensure immediate destruction, or obtain written authorisation to retain a used tag; otherwise possession risks an offence.

Sale of skins prohibited for permit holders

Reg 34 forbids permit holders from selling or supplying skins taken under a section 60J permit, but the definitions accommodate kangaroo skin tanners with section 58(3) permits who may deal with skins. This separation of roles requires permit holders to coordinate with permitted skin tanners and meat processors; failure to understand the role boundaries could cause inadvertent breaches.

Monthly return timing and record retention

Returns must be provided no more than 14 days after the last day of each month (reg 27(1)). Records and copies must be kept for at least three years at the principal place of residence or another Director‑approved location (reg 28). There are logistical burdens for permit holders who operate seasonally or across distances.

Chiller notice and food safety accreditation intersections

Reg 21 requires notice to the Director at least 24 hours before taking of the intended location of the chiller, in a manner and form approved by the Director. The chiller must be an appliance, room or structure approved under the Primary Produce (Food Safety Schemes) Act 2004 (reg 3 definition). Failing to notify, or storing carcasses in a non‑accredited chiller, could lead to non‑compliance even if harvesting and tagging were otherwise correct.

Prohibition on sale unless correctly dressed

Reg 42 limits the form of carcass that may be sold or supplied (whole carcass with specific removals), except where a permit specifies another form. Permit holders must ensure dressing conforms to reg 42 or to their permit; variances require explicit permit conditions.

Director discretion and administrative bottleneck risks

Many operational decisions require Director approvals or written authorisations (e.g. tag transfers, extensions, electronic forms, exceptions to attachment rules). This centralises decision rights and creates potential bureaucratic bottlenecks and uncertainty if processing times for approvals are not predictable.

Dual enforcement pathways

Because the regulations operate as permit conditions (reg 16) and regulatory obligations, contraventions can be addressed either as regulatory offences (monetary penalties set out in the regulations) or as permit condition breaches under the Act (reg 45 and note referencing s 70A). Parties should be aware that different enforcement routes carry different procedural consequences.

These “gotchas” affect operational timing, chain‑of‑custody, record management, and reliance on the Director’s approvals. Practitioners should map tag nomination chains, set administrative calendars for returns and returns retention, and set procedures for immediate tag destruction on processing to avoid inadvertent offences.

This section gives an operational compliance checklist and practical steps referencing the relevant regulations. It is framed to assist permit holders, processors and landowners in meeting regulatory requirements.

Secure appropriate sealed tags before any taking (regs 5, 22, 36)

Apply to the Director for commercial use sealed tags or personal use sealed tags as required. Commercial tags may only be issued to kangaroo meat processors, kangaroo field processors or regional landowners (reg 5(2)). Ensure nominations and any required information are provided “in a manner and form approved by the Director” (reg 5(5)).
Verify the tag’s commencement date and period of issue. Tags may be issued for up to 12 months with possible extensions; where originally issued for 12 months, an additional discretionary extension of up to 12 months is possible on application (reg 6).

Maintain physical custody and security procedures for unused tags (reg 7)

Store unused tags securely against theft, loss or damage. Implement incident reporting procedures to inform the Director before the end of the next working day if a tag is stolen, lost or damaged (reg 7(b)). Keep a log of tag numbers and their allocation to vehicles, processors and permit holders.

Respect tag transfer and nomination rules (reg 5(6)-(9), reg 20)

If tags are supplied to or from a regional landowner, ensure the landowner nominates the person who will use the tag to the Director in the approved form (reg 5(6)). A permit holder using a regional landowner’s supplied tag may only take from that landowner’s land (reg 20). Do not sell tags; only supply them under the regulation or with written Director authorisation (reg 5(9)). Maintain documentary proof of nominations and approvals.

Timing for taking and chiller notification (reg 21)

For commercial use, notify the Director at least 24 hours before taking of the intended chiller location, in the manner and form approved. Ensure the chiller is accredited under the Primary Produce (Food Safety Schemes) Act 2004 (reg 3 chiller definition). Implement a 24‑hour notification workflow and keep evidence of notification.

Tag attachment procedure (reg 10)

Attach tags immediately after taking to the skin at the point indicated in Schedule 1, or to the portion or flesh where permitted for personal use. When attaching, pass the plastic strip through the skin and form a loop enclosing at least 3 centimetres of skin, locking it firmly (reg 10(3)). For divided personal use portions, keep all portions to be used in the same container as the portion with the tag or in another clearly identifiable method (reg 10(5)-(6)).

Immediate recording obligations (reg 25 and Schedule 2)

Immediately after taking, record on the back of the tag: identity of permit holder, date, and property where taken,legibly and in the form approved by the Director (reg 25(1)(a)). If the back of the tag is not accessible, record the information elsewhere on the tag without obscuring the number (reg 25(2)).
Record Schedule 2 items in the field record book (date, property, species, sex, tag number, weight in kg) for each kangaroo taken (reg 25(1)(b), Schedule 2(1)).

Field record books and monthly returns (regs 26-28)

Keep a field record book for each permit; use the Director’s return book or supplied return form for monthly returns (reg 26-27). Submit the return no more than 14 days after the last day of each month (reg 27(1)). Maintain copies of completed returns and completed field record books in a safe and secure place for at least three years at the principal residence or an approved location (reg 28).
Establish an internal schedule to collate, verify and submit returns within the statutory 14‑day window.

Electronic records and signatures (reg 44)

If seeking to maintain records or supply returns electronically, obtain the Director’s authorisation for the electronic form and signature method, and ensure systems permit ready production in electronic or printed form on request (reg 44(1)-(3)). Ensure secure, backed‑up storage that meets the “safe and secure” requirement (reg 44(2)).

Sales and supply compliance (regs 32-34, 41-42)

Sell carcasses taken for commercial use only to kangaroo meat processors who hold the relevant section 58(3) permit (reg 32).
Before sale, ensure the carcass was taken in accordance with the Commercial Code of Practice and not damaged by firearms other than head damage (reg 33).
Do not sell or supply skins if you are a section 60J permit holder (reg 34); coordinate with licensed skin tanners holding section 58(3) permits if skins are to be processed commercially.
Ensure carcass form for sale complies with reg 42 unless another form is explicitly authorised in your permit.

Tag removal and destruction on processing (reg 13)

Where a commercial tag is removed from a carcass by a kangaroo meat processor during processing, destroy or render the tag unusable immediately if it is not destroyed in the removing process (reg 13(2), (5)). Skin tanners may remove tags from skins on tanning but must follow the same destruction obligation (reg 13(3), (5)). Keep a written procedure and staff training on immediate tag destruction.

Handling out‑of‑date and unused tags (reg 6, 8)

Track tag expiry and make applications for extension or royalty repayment within the statutory windows (reg 6(2)-(4), reg 8(3)-(4)). Return unused out‑of‑date tags to the Director within 30 days (reg 8(1)). Do not possess unused sealed tags more than 30 days out of date (reg 8(5)).

Produce books on request and respond to loss/damage (regs 29-31)

Have procedures to produce field record books or copies of returns to wardens as soon as practicable upon request (reg 30). If a book or copy is lost or damaged, notify the Director before the end of the next working day (reg 29). Maintain backups and redundancies consistent with reg 44(2) if records are electronic.

Seek Director authorisations when necessary

Where practices fall outside the standard route,e.g. transferring tags in ways not covered in the regulations, retaining used tags, or maintaining records in non‑standard electronic systems,apply in writing to the Director for authorisation (regs 5(9), 13(1)(b), 44). Keep written evidence of all authorisations on file.

Operational compliance audits and staff training

Implement periodic internal audits of tag stock, nominations, returns submission timeliness and retention, and destruction of removed tags. Train staff on immediate recording on tags and in field books and on the approved method for chiller notification and chiller accreditation checks.

Plan for Director notices on weight limits and restrictions (reg 43)

Monitor Gazette notices and local newspapers for any Director declarations of weight limits or additional prohibitions or restrictions (reg 43(1)). Maintain readiness to adjust operations in parts of the State and by species or sex, per any notice.

By following the concrete steps above, permit holders and processors can align operational procedures to the statutory requirements. Many compliance obligations depend on Director approvals and nominations; where uncertainty exists, obtain written Director authorisation to reduce enforcement risk. Maintain documented processes for tag custody, immediate tag application and destruction, monthly returns, and retention to meet the documentary traceability the regulations make central to enforcement.

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018

Plain English Summary

Deep Dive

What it does

Current sections

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018

Source text: opening excerpt

1 National Parks and Wildlife (Kangaroo Harvesting) Regulations 2018

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply