Div 1Keeping, sale etc of animals, carcasses or eggs

Division 1—Keeping, sale etc of animals, carcasses or eggs 27—Sale or gift only to permit holder A person must not sell or give a protected animal or the egg of a protected animal to a person who is required by the Act to hold a permit authorising the keeping of the animal or the possession or control of the egg if that person does not hold such a permit. A person may be entitled under the Act to keep a protected animal, or have possession or control of an egg of a protected animal, without a permit if (for example) the number of animals or eggs does not exceed a number permitted under the Act. 28—Purchase or receipt as gift only from permit holder (1) A person must not purchase a protected animal or the carcass or egg of a protected animal, or receive a protected animal or the carcass or egg of a protected animal as a gift, from a person who is required by the Act to hold a permit authorising the sale or gift if that person— (a) does not hold the required permit; or (b) does not hold any additional written authorisation from the Director for the sale or gift that the person is required to hold as a condition of the permit. (2) A person must not sell or give a protected animal or the carcass or egg of a protected animal pursuant to a permit unless the person has, if requested by the prospective purchaser or donee, produced the permit (and any additional written authorisation referred to in subregulation (1) that the person is required to hold) for inspection. 29—Advertisement for sale of protected animal to include permit number Where section 58 of the Act requires that the sale of a protected animal be authorised by a permit granted under that section, a person who advertises the animal for sale (by whatever means) must state in the advertisement— (a) in the case of a sale by the holder of a section 58 permit that is a class 2 permit— (i) that the vendor is the holder of a class 2 Fauna Dealer's permit; and (ii) the number of that permit; or (b) in any other case—the number of the permit that authorises the sale. 30—Sale of juvenile animals (1) Subject to this regulation, a person must not sell an animal that is a protected animal or is of a species listed in Schedule 10 of the Act if— (a) in the case of a bird—the bird is too young to fly or to feed itself; or (b) in the case of a mammal—the mammal is unweaned. (2) Subregulation (1) does not apply— (a) to the sale of an emu pursuant to a section 60C permit; or (b) if the sale is made pursuant to a permit granted under the Act that expressly authorises the sale of such a young animal. 31—Premises from which protected animals may be sold under section 58 permit (1) A person must not sell a protected animal pursuant to a section 58 permit unless— (a) in the case of a section 58 permit that is a class 2 permit—the premises from which the animal is sold are premises at which the person is authorised pursuant to these regulations to carry on a business of dealing in protected animals to which the permit relates; or (b) in the case of a section 58 permit that is a class 9 permit—the premises from which the animal is sold— (i) are the premises at which the animal was kept by the person; or (ii) are other premises approved by the Director for the purposes of the sale of the animal pursuant to the class 9 permit; or (c) in the case of any other section 58 permit that authorises such a sale—the premises from which the animal is sold— (i) are the premises at which the animal was kept by the person, or from which the animal is authorised to be sold, pursuant to a permit; or (ii) are other premises approved by the Director for the purposes of the sale of the animal; or (d) in the case of any section 58 permit or class of section 58 permits (including permits referred to in paragraph (a), (b) or (c))—the premises from which the animal is sold are premises approved by the Director for the purposes of sale by holders of section 58 permits or section 58 permits of that class. Maximum penalty: $1 250. (2) An application for approval for the purposes of subregulation (1) must be accompanied by the prescribed fee (if any). It may constitute an offence against section 13 of the Animal Welfare Act 1985 if the animal is not provided with appropriate and adequate food, water, exercise and living conditions, or is caused unnecessary harm, at the premises from which the animal is sold. 32—Prohibition on carrying on business of dealing in protected animals except under section 58 class 2 permit (1) A person must not carry on a business of dealing in protected animals (other than protected animals of an exempt species) unless the person is the holder of a section 58 permit that is a class 2 permit. (2) For the purposes of subregulation (1), a person who is the holder of a section 58 permit that is a class 4, 5 or 6 permit will not be taken to carry on a business of dealing in protected animals by reason only of the fact that the person buys or sells protected animals for the purposes of another business or activity conducted pursuant to the permit. 33—Restrictions on carrying on business of dealing in protected animals under section 58 class 2 permit (1) The holder of a section 58 permit that is a class 2 permit must not carry on a business of dealing in protected animals to which the permit relates except at premises approved by the Director. (2) An application for the approval of additional premises for the purposes of subregulation (1) must be accompanied by the prescribed fee. (3) The holder of a section 58 permit that is a class 2 permit must display at all premises at which the holder carries on a business of dealing in protected animals to which the permit relates a certificate signed by or on behalf of the Director to the effect that the dealer is the holder of a class 2 permit. (4) A certificate referred to in subregulation (3) may include such further information as the Director thinks fit. (5) The holder of a section 58 permit that is a class 2 permit must not, except with the approval of the Director or a warden, sell a protected animal to which the permit relates unless the animal has been in the possession of the permit holder for at least 7 days. (6) The Director may exempt a person from compliance with subregulation (5). (7) For the purposes of this regulation, the holder of a section 58 permit that is a class 2 permit will be taken to carry on a business of dealing in protected animals to which the permit relates at all premises at which those protected animals are kept by the holder. (8) In this regulation— 34—Restrictions on sale or gift of protected animals under certain section 58 permits (1) The holder of a section 58 permit that is a class 1, 3, 4, 5 or 6 permit must not, except with the approval of the Director or a warden, sell or give a protected animal to which the permit relates unless— (a) the animal was bred by the permit holder; or (b) the animal has been in the possession of the permit holder for at least 6 months. (2) The Director may exempt a person from compliance with subregulation (1). 35—Restrictions on breeding protected animals under certain permits (1) The holder of a section 53, 55 and 58 permit that is a Wildlife Rehabilitation Facility permit or Wildlife Carer permit, or a section 58 permit that is a Retain Protected Animals Unfit for Release permit, must not, except with the approval of the Director— (a) allow or permit a protected animal in the holder's possession pursuant to the permit to breed; or (b) if breeding does occur, sell or otherwise dispose of any offspring. (2) It is a defence to a charge of an offence against subregulation (1)(a) to prove that— (a) the permit holder took reasonable precautions to prevent breeding; or (b) any birth was the result of activity that took place before the animal came into the possession of the permit holder. 36—Premises at which kangaroo carcasses may be kept under section 58 permit (1) The holder of a section 58 permit that is a class 7 or 8 permit must not, subject to any provision, limitation, restriction or condition of the permit, keep the carcass of a kangaroo at premises other than premises— (a) approved by the Director for that purpose; or (b) in the case of premises comprised of a field chiller at a specified location—notified to the Director, in a manner and form approved by the Director, at least 24 hours before the chiller is to be used for that purpose at that location. (2) For the purposes of subregulation (1)(b), a notification of premises comprised of a field chiller at a specified location does not constitute a notification of premises comprised of the same chiller at a different location. 37—Prevention of escape and facilitation of inspection of protected animals (1) Subject to this regulation, a person who keeps a protected animal must— (a) keep the animal in a cage or enclosure that is adequate in size and is designed, constructed, located and maintained so as to— (i) prevent the animal from escaping; and (ii) in the case of an animal that is dangerous or constitutes a biological hazard—enable the cage or enclosure to be locked or otherwise secured against unauthorised access; and (iii) as far as is practicable, facilitate the inspection of the animal by a warden under the Act; and (b) in the case of an animal that is dangerous or constitutes a biological hazard—ensure that the cage or enclosure in which the animal is kept is, except when the person is present, securely locked or otherwise secured so as to prevent unauthorised access to the animal; and (c) produce the animal for inspection at the request of a warden. It is an offence under section 13 of the Animal Welfare Act 1985 for a person to ill treat an animal. Under that section, ill treatment includes intentionally, unreasonably or recklessly causing the animal unnecessary harm and, in the case of the owner of the animal, includes failing to provide it with appropriate and adequate food, water, living conditions or exercise. (2) Where, on application by a person who keeps a protected animal, the Director approves the keeping of the animal in a manner that does not comply with a requirement of subregulation (1), the person will be taken to comply with that subregulation if the person keeps the animal in accordance with that approval and its limitations, restrictions or conditions (if any). enclosure, in relation to an animal, includes a house or other building or a yard, or a portion of a house or other building or yard, to which the animal normally has access, but is unable to leave. 38—Hybridization A person must not, except with the approval of the Director, permit a protected animal to mate with an animal of another species or subspecies if conception and production of live offspring may result from the union.