sec.322Use of poison or adhesive substance in way that may take protected animals

sec.322 Use of poison or adhesive substance in way that may take protected animals

A person must not use, or direct another person to use, a poison or adhesive substance in a way that may cause the taking of a protected animal, unless the person has a reasonable excuse. Maximum penalty—165 penalty units. Subsection (1) does not apply to the holder of an animal authority for an animal, or a relevant person for the holder, using a poison or adhesive substance to take the animal if— the authority authorises the holder to use the poison or substance to take the animal; and the holder or person complies with the conditions of the authority. Failure to comply with a condition of an animal authority is an offence under section 318 . See section 133 for additional requirements about taking an animal under a harvesting licence. Also, subsection (1) does not apply if the use of the poison or adhesive substance is— in the course of a lawful activity that was not directed towards the taking of a protected animal; and could not reasonably have been avoided. In this section— adhesive substance includes birdlime or a viscid substance. (sec.322-ssec.1) A person must not use, or direct another person to use, a poison or adhesive substance in a way that may cause the taking of a protected animal, unless the person has a reasonable excuse. Maximum penalty—165 penalty units. (sec.322-ssec.2) Subsection (1) does not apply to the holder of an animal authority for an animal, or a relevant person for the holder, using a poison or adhesive substance to take the animal if— the authority authorises the holder to use the poison or substance to take the animal; and the holder or person complies with the conditions of the authority. Failure to comply with a condition of an animal authority is an offence under section 318 . See section 133 for additional requirements about taking an animal under a harvesting licence. (sec.322-ssec.3) Also, subsection (1) does not apply if the use of the poison or adhesive substance is— in the course of a lawful activity that was not directed towards the taking of a protected animal; and could not reasonably have been avoided. (sec.322-ssec.4) In this section— adhesive substance includes birdlime or a viscid substance.

• (a) the authority authorises the holder to use the poison or substance to take the animal; and
• (b) the holder or person complies with the conditions of the authority.
• 1 Failure to comply with a condition of an animal authority is an offence under section 318 .
• 2 See section 133 for additional requirements about taking an animal under a harvesting licence.
• (a) in the course of a lawful activity that was not directed towards the taking of a protected animal; and
• (b) could not reasonably have been avoided.