Nature Conservation (Animals) Regulation 2020
sec.4Meaning of commercial purpose
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sec.4 Meaning of commercial purpose
A person acts for a commercial purpose if the person acts for gain or reward. Without limiting subsection (1) , a person acts for a commercial purpose if— the person takes, keeps or uses an animal— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or the person buys or sells an animal and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the animal; or the person takes or uses an animal while carrying on a business that involves buying or selling animals of the same species; or the person brings an animal, or has an animal brought, into the State for the main purpose of selling the animal; or the person displays an animal— in a public place in a way that another person may reasonably believe it is for sale; or in a way that promotes a particular product or service or a business. (sec.4-ssec.1) A person acts for a commercial purpose if the person acts for gain or reward. (sec.4-ssec.2) Without limiting subsection (1) , a person acts for a commercial purpose if— the person takes, keeps or uses an animal— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or the person buys or sells an animal and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the animal; or the person takes or uses an animal while carrying on a business that involves buying or selling animals of the same species; or the person brings an animal, or has an animal brought, into the State for the main purpose of selling the animal; or the person displays an animal— in a public place in a way that another person may reasonably believe it is for sale; or in a way that promotes a particular product or service or a business.
- (a) the person takes, keeps or uses an animal— (i) as part of a business; or (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or
- (i) as part of a business; or
- (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or
- (b) the person buys or sells an animal and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the animal; or
- (c) the person takes or uses an animal while carrying on a business that involves buying or selling animals of the same species; or
- (d) the person brings an animal, or has an animal brought, into the State for the main purpose of selling the animal; or
- (e) the person displays an animal— (i) in a public place in a way that another person may reasonably believe it is for sale; or (ii) in a way that promotes a particular product or service or a business.