sec.247BSuitability based on convictions

sec.247B Suitability based on convictions

A person is not a suitable person to hold an animal authority if— the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— an offence against the Act ; or an animal welfare offence under the Animal Care and Protection Act 2001 ; or an offence relating to wildlife, however described— under another Act; or under the law of another jurisdiction; and the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal. A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal. Subsection (1) does not apply if— the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 ; or the animal authority is a damage mitigation permit and the chief executive is satisfied the person is a suitable person to hold the permit, having regard to— the person’s ability to carry out the activities under the permit in a competent and ethical way; and the nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and in relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction. s 247B ins 2025 SL No. 125 s 10 (sec.247B-ssec.1) A person is not a suitable person to hold an animal authority if— the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— an offence against the Act ; or an animal welfare offence under the Animal Care and Protection Act 2001 ; or an offence relating to wildlife, however described— under another Act; or under the law of another jurisdiction; and the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal. A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal. (sec.247B-ssec.2) Subsection (1) does not apply if— the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 ; or the animal authority is a damage mitigation permit and the chief executive is satisfied the person is a suitable person to hold the permit, having regard to— the person’s ability to carry out the activities under the permit in a competent and ethical way; and the nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and in relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction.