Part 2Maintenance of records and provision of information

Part 2—Maintenance of records and provision of information Division 1—Records, returns, reports etc 5—Interpretation In this Division, unless the contrary intention appears— 6—Report to be provided following expiry or revocation of section 53 permit The report required by section 53(4) of the Act to be provided to the Minister by a person to whom a section 53 permit has been granted (following the expiry or revocation of that permit) must be provided in the form prescribed in Schedule 2. 7—Report to be provided following taking of animal or egg under section 60C permit The report required by section 60C(8) of the Act to be provided to the Minister by the holder of a section 60C permit (following the taking of a protected animal or the egg of a protected animal from the wild pursuant to the permit) must be provided in the form prescribed in Schedule 2. 8—Information relating to certain section 58 or 60C permits to be kept in record book A person who has been granted a section 58 permit that is a class 1, 2, 3, 4, 5, 6 or 11 permit or a Retain Protected Animals Unfit for Release permit, or a section 60C permit that is a class 12 permit, must keep a record of the following information in relation to the protected animals or eggs of protected animals to which the permit applies in a record book supplied by the Director for that purpose: (a) the species of animals or eggs, and the number of animals or eggs of each species, acquired or disposed of pursuant to the permit; (b) the date and method of acquisition or disposal (including the permit number of any import or export permit used in that acquisition or disposal); (c) the name and address of, and the number of the permit (if any) held by, the person from whom the animals or eggs were acquired or to whom the animals or eggs were disposed; (d) the species of animals, and the number of individuals of each species, born to animals kept pursuant to the permit, together with the dates on which the births occurred (and, in the case of a Retain Protected Animals Unfit for Release permit, if any such additional animals were not at the time of birth authorised to be held or disposed of under the permit, the authority under which the animals so born are now held, or were disposed of, by the person); (e) the species of animals, and the number of individuals of each species, that have died or escaped while being kept pursuant to the permit; (f) all other information (if any) that the person is required under these regulations to include in a return. 9—Information relating to Wildlife Rehabilitation Facility or Wildlife Carer permit to be kept in record book A person who has been granted a section 53, 55 and 58 permit that is a Wildlife Rehabilitation Facility permit or Wildlife Carer permit must keep a record of the following information in a record book supplied by the Director for that purpose: (a) the species of protected animals, and the number of individuals of each species, acquired or released or otherwise disposed of pursuant to the permit; (b) the date of acquisition or release or other disposal; (c) the manner in which the protected animals were acquired, whether from the wild or from another person, and, if acquired from another person, the name, address and number of the permit (if any) of that person; (d) the manner of disposal of the protected animals, whether by release into the wild, euthanasia or disposal to another person, and, if disposed of to another person, the name, address and number of the permit of that person; (e) the species of protected animals, and the number of individuals of each species, born to animals kept pursuant to the permit, together with the dates on which the births occurred (and, if any such additional animals were not at the time of birth authorised to be held or disposed of under the permit, the authority under which the animals so born are now held, or were disposed of, by the person); (f) the species of protected animals, and the number of individuals of each species, that have died or escaped while being kept pursuant to the permit; (g) all other information that the person is required under these regulations to include in a return. 10—Where record book is to be kept A person required to use a record book under these regulations must ensure that— (a) the book is kept in a safe and secure place at the premises at which the animals or eggs to which the records relate are kept; and (b) if animals or eggs are kept at more than 1 premises pursuant to a permit, a separate record book is kept at each such premises. 11—Record book for section 58 class 2 permit to be provided to Director (1) A person who has been granted a section 58 permit that is a class 2 permit must provide a record book referred to in regulation 8, or a copy of the record book, to the Director within 14 days after 30 September, 31 December, 31 March and 30 June in each year. (2) Provision of a record book to the Director in accordance with subregulation (1) will not be taken to contravene regulation 10. 12—Returns to be provided for purposes of section 55 permit or section 53 and 55 permit (1) A person who has been granted a section 55 permit must, within 14 days after the release of an animal pursuant to the permit, provide the Director with a return in a manner and form approved by the Director that— (a) sets out the information required by this regulation; and (2) A person who has been granted a section 53 and 55 permit that is a Wildlife Management (Controller) permit, a Trap and Release Protected Animals permit or a Protected Animals Rescue permit must, within 14 days after the expiry or revocation of the permit or at such earlier time or times as may be specified in the permit, provide the Director with a return in a manner and form approved by the Director that— (a) sets out the information required by this regulation; and (3) The return required under subregulation (2) is in addition to any report required to be made by the person under section 53(4) of the Act in relation to a protected animal taken pursuant to the permit. (4) The following information must be provided in a return under this regulation: (a) the number of animals released under the permit; (b) the species of each animal released under the permit (and, if more than 1 animal has been released, the number of animals of each species); (c) the date, time and exact location of the release of each animal; (d) such other information in relation to a release as the Director may require. 13—Returns to be provided for purposes of certain section 58, section 60C permits (1) A person who has been granted a section 58 permit that is a class 7 permit, must, at the times indicated in Schedule 3, provide the Director with a return in a manner and form approved by the Director that— (a) sets out the information specified in Schedule 4 and such other information as the Director may require; and (2) A person who has been granted a section 58 permit that is a class 1, 3, 4, 5, 6, 9 or 11 permit or a Retain Protected Animals Unfit for Release permit, or a section 60C permit that is a class 12 permit, must, at the times indicated in Schedule 3, provide the Director with a return that— (a) was supplied by the Director for that purpose (whether supplied individually or bound in the form of a return book); and (b) sets out the information specified in Schedule 4 and such other information as the Director may require; and (c) is signed by the person to whom the permit was granted. 14—Returns to be provided for purposes of Wildlife Rehabilitation Facility or Wildlife Carer permit (1) A person who has been granted a section 53, 55 and 58 permit that is a Wildlife Rehabilitation Facility permit or Wildlife Carer permit must, within 14 days after the expiry or revocation of the permit, provide the Director with a return that— (a) was supplied by the Director for that purpose (whether supplied individually or bound in the form of a return book); and (b) sets out such information as is required by the Director; and (c) is signed by the person to whom the permit was granted. (2) The return required under subregulation (1) is in addition to any report required to be made by the person under section 53(4) of the Act in relation to a protected animal taken pursuant to the permit. 15—Copies of returns to be retained in a safe place (1) A person who provides a return to the Director in accordance with these regulations must— (a) retain a copy of the return for the period specified in subregulation (2); and (b) keep that copy in a safe and secure place— (i) in the case of a section 53 and 55 permit that is a Wildlife Management (Controller) permit—at the principal premises at which the person undertakes the provision of wildlife management and control services; or (ii) in the case of a section 53 and 55 permit that is a Trap and Release Protected Animals permit or Protected Animals Rescue permit—at the person's principal place of residence; or (iii) in the case of a section 53, 55 and 58 permit that is a Wildlife Rehabilitation Facility permit or a Wildlife Carer permit—at the premises at which animals to which the return relates are kept; or (iv) in the case of a section 55 permit—at the person's principal place of residence; or (v) in the case of a section 58 permit that is a class 1, 3, 4, 5 or 6 permit or a Retain Protected Animals Unfit for Release permit, or a section 60C permit that is a class 12 permit— (A) at the premises at which the animals to which the return relates are kept; or (B) where, pursuant to the permit, animals are kept at more than 1 premises—at the principal premises at which the animals to which the return relates are kept; or (vi) in the case of a section 58 permit that is a class 9 or 11 permit—at the person's principal place of residence; or (vii) in the case of a section 58 permit that is a class 7 permit—at the principal premises at which the carcasses to which the permit relates are kept or sold pursuant to the permit. (2) A copy of a return referred to in subregulation (1) must be retained until— (a) 6 months after the day by which the return is required to be provided to the Director under the permit or these regulations; or (b) the copy is produced to the Director or a court under regulation 19, whichever first occurs. 16—Entries to be made in record book or return within 48 hours Where a transaction or event occurs in respect of which an entry is required to be made under these regulations in a record book or return, the person required under these regulations to use the record book or provide the return must ensure that the entry is made within 48 hours after the occurrence of the transaction or event. 17—Notification of loss of record books or copies of returns A person who has been granted a permit must notify the Director of any loss of, or damage to, a record book, return book or return, or a copy of a return required to be kept by the person under these regulations, within 7 days after becoming aware of the loss or damage. 18—Record books and copies of returns to be produced for inspection at request of warden A person who has custody or control of a record book, or a copy of a return required to be kept under these regulations (including a person who has custody or control as agent or employee of the permit holder) must, if requested by a warden, produce the book or copy for inspection by the warden. 19—Record books, return books etc to be returned to Director or provided to court (1) A person who has been granted— (a) a section 58 permit that is a class 1, 2, 3, 4, 5, 6 or 11 permit or a Retain Protected Animals Unfit for Release permit; or (b) a section 53, 55 and 58 permit that is a Wildlife Rehabilitation Facility or Wildlife Carer permit; or (c) a section 60C permit that is a class 12 permit, must produce to the Director any record book or return book relating to the permit that is under the person's custody or control within 14 days after the person— (d) ceases to hold such a permit; or (e) completes the book. (2) Where a person who has been granted a relevant permit is charged with an offence against the Act or these regulations and the person has custody or control of a record book, return book or return, or a copy of a return required to be kept by the person under these regulations, that is in the opinion of the Director or a warden relevant to the charge, the person must, at the request of the Director or warden, produce the book, return or copy to the court that hears the charge. relevant permit means a permit granted wholly or partly under section 53, 55, 58 or 60C of the Act. 20—Notification of change of address or name A person to whom a permit has been granted under the Act and whose address or name changes during the period that the permit remains in force must, within 14 days after that change of address or name— (a) notify the Director in writing of the change; and (b) provide documentary evidence to the satisfaction of the Director of the new address or change of name. 21—Exemption from Division The Director may exempt a person from compliance with any provision of this Division other than regulation 6, 7 or 20. Division 2—Form of records, returns, applications, approvals etc 22—Director to supply certain record books, return books and returns (1) Where a person, as a consequence of the grant of a permit, is required by or under the Act to record information in a record book, return book or return supplied by the Director, the Director must supply the necessary book or individual return forms (as appropriate) to that person on the grant of the permit. (2) If further books are required by the person as the result of the loss of those provided or because, pursuant to the permit, animals or eggs are kept at more than 1 premises, the Director may require the payment of the prescribed fee for the supply of each additional book. (3) A record book, return book or return supplied by the Director (other than in electronic form or by means of an electronic communication) pursuant to the Act or these regulations remains the property of the Crown. 23—Record books, return books and returns in electronic form (1) Where a person is required by these regulations to record information in a record book, return book or return, and the Director authorises such a book or return to be maintained in electronic form or provided to the Director by means of an electronic communication— (a) a reference in these regulations to a record book, return book or return includes a reference to the book or return in that electronic form; and (b) a reference in these regulations to the provision or submission of a record book (or copy of a record book), or a return book or return, to the Director includes a reference to provision or submission by means of that authorised electronic communication; and (c) a reference in these regulations to the supply by the Director of a record book, 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 record book, return book, return or copy of a return 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 record book or copy of a return be kept in a safe and secure place at specified premises 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 at a safe and secure place that is readily accessible at those premises. 24—Form of applications, notifications etc (1) An application to the Director for an approval, authorisation or exemption, or a waiver, under these regulations must— (a) be made in the manner and form approved by the Director; and (b) include such information as the Director requires. (2) Where, under these regulations, a person is required to give notice or otherwise provide information to the Director (other than through a record book or return referred to in this Part), the notice or information must, unless otherwise specified in these regulations or approved by the Director, be— (a) provided in writing; and (b) signed by the person required to provide the information. 25—Requirement for signature Where, for the purposes of these regulations— (a) there is a requirement that a person must sign a record, return, notification or other instrument or document that is to be provided to the Director; and (b) the instrument or 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 instrument or document. 26—Approvals, exemptions etc by Director and wardens (1) An approval, authorisation or exemption, or a waiver or requirement, by the Director or a warden under these regulations must be in writing, or, if given orally, must be confirmed in writing as soon as is practicable. (2) An approval, authorisation or exemption, or a waiver, referred to in subregulation (1) is subject to such limitations, restrictions or conditions (if any) as are specified in the approval, authorisation, exemption or waiver. (3) If a person to whom an approval is given by a warden under these regulations (or a person acting in the employment or with the authority of that person) contravenes or fails to comply with a limitation, restriction, condition or provision of the approval, the person to whom the approval was given is guilty of an offence. Where a permission or other authority is granted by the Director, it is an offence under section 70A(1) of the Act for the holder of the permission or other authority (or a person acting in the employment or with the authority of the holder) to contravene or fail to comply with any limitation, restriction, condition or provision of the permission or other authority. Part 3—Conservation of animals