38Possession and use of restricted items

38 Possession and use of restricted items

(1) A person must not possess a restricted item in a recreational area unless—

(a) the person is permitted to do so under subregulation (4); or

(b) the restricted item—

(i) is concealed in a vehicle or vessel that is owned or controlled by the person; and

(ii) in the case of a firearm, the ammunition is removed from the firearm.

Penalty: 20 penalty units.

(2) A person must not use a restricted item in a recreational area unless the person is permitted to do so under subregulation (4).

Penalty: 20 penalty units.

(3) A person must not possess or use toxic shot in a recreational area.

Penalty: 20 penalty units.

(4) A person may possess or use a restricted item in a recreational area if—

(a) the person—

(i) has a licence or permit under the Firearms Act 1996 or the Wildlife Act 1975 to possess or use the restricted item; and

(ii) is hunting in an area set aside for the purpose of hunting under the Wildlife Act 1975 by the managing Authority for the recreational area; or

(b) the restricted item is a net designed for the purpose of fishing and the person is using that net to fish; or

(c) the person has express permission to possess or use the restricted item.

(5) The managing Authority for a recreational area may issue a permit to a person to possess or use a restricted item in the recreational area.