sec.88ARestriction on keeping or use of lawfully taken protected animal

### sec.88A Restriction on keeping or use of lawfully taken protected animal Subject to section 93 , a person, other than an authorised person, must not keep or use a protected animal that is either of the following unless the keeping or use is authorised under this Act or the Exhibited Animals Act 2015 — a protected animal, if the animal has, at any time, been taken and the taking was authorised under this Act or a law of another State; a descendant of an animal mentioned in paragraph (a) . Maximum penalty— generally—1,000 penalty units; or if a circumstance mentioned in subsection (2) applies—100 penalty units. For subsection (1) , the circumstances are that— in the 12 months before the commission of the offence, the person held a licence, permit or other authority (the former authority ) under this Act and— the former authority is no longer in force; and had the former authority still been in force, the offence would not have been committed; and the former authority ceased to be in force for a reason other than its cancellation or suspension; and an application to renew the former authority has not been refused; or the offence only relates to moving the animal. s 88A ins 2004 No. 48 s 172 amd 2005 No. 53 s 136 ; 2015 No. 5 s 279 (sec.88A-ssec.1) Subject to section 93 , a person, other than an authorised person, must not keep or use a protected animal that is either of the following unless the keeping or use is authorised under this Act or the Exhibited Animals Act 2015 — a protected animal, if the animal has, at any time, been taken and the taking was authorised under this Act or a law of another State; a descendant of an animal mentioned in paragraph (a) . Maximum penalty— generally—1,000 penalty units; or if a circumstance mentioned in subsection (2) applies—100 penalty units. (sec.88A-ssec.2) For subsection (1) , the circumstances are that— in the 12 months before the commission of the offence, the person held a licence, permit or other authority (the former authority ) under this Act and— the former authority is no longer in force; and had the former authority still been in force, the offence would not have been committed; and the former authority ceased to be in force for a reason other than its cancellation or suspension; and an application to renew the former authority has not been refused; or the offence only relates to moving the animal. - (a) a protected animal, if the animal has, at any time, been taken and the taking was authorised under this Act or a law of another State; - (b) a descendant of an animal mentioned in paragraph (a) . - (a) generally—1,000 penalty units; or - (b) if a circumstance mentioned in subsection (2) applies—100 penalty units. - (a) in the 12 months before the commission of the offence, the person held a licence, permit or other authority (the former authority ) under this Act and— (i) the former authority is no longer in force; and (ii) had the former authority still been in force, the offence would not have been committed; and (iii) the former authority ceased to be in force for a reason other than its cancellation or suspension; and (iv) an application to renew the former authority has not been refused; or - (i) the former authority is no longer in force; and - (ii) had the former authority still been in force, the offence would not have been committed; and - (iii) the former authority ceased to be in force for a reason other than its cancellation or suspension; and - (iv) an application to renew the former authority has not been refused; or - (b) the offence only relates to moving the animal. - (i) the former authority is no longer in force; and - (ii) had the former authority still been in force, the offence would not have been committed; and - (iii) the former authority ceased to be in force for a reason other than its cancellation or suspension; and - (iv) an application to renew the former authority has not been refused; or