Victorian Numbered Acts Victorian Numbered ActsAfter Part VII of the Wildlife Act 1975 insert —
In this Part, "specified offence" means—
(a) an offence against section 58C or 58D; or
(b) an offence against section 58E that occurs in a specified hunting area.
(1) Subject to this section, an authorised officer or a member of the police force who suspects on reasonable grounds that a person has committed or is committing a specified offence may give the person a notice banning the person from any or all specified hunting areas—
(a) for the period specified in the notice; and
(b) for the times specified in the notice.
(2) The period specified in the banning notice must not exceed the remaining period of the open season for duck as at the date on which the notice is given.
(3) An authorised officer or a member of the police force must not give a banning notice to a person unless the officer or member—
(a) believes on reasonable grounds that the giving of the notice may be effective in preventing or deterring the person from—
(i) continuing to commit the specified offence; or
(ii) committing a further specified offence (whether in the same or another specified hunting area); or
(b) believes on reasonable grounds that the continuation of the commission of the specified offence—
(i) may involve or give rise to a risk to the safety of any person; or
(ii) may hinder or obstruct a person who is engaged in hunting or taking game in accordance with this Act.
(4) An authorised officer or a member of the police force, before giving a banning notice, must produce—
(a) in the case of an authorised officer, evidence of his or her identity; or
(b) in the case of a member of the police force, proof of his or her identity and official status (unless he or she is in uniform).
(5) No more than one banning notice may be given to a person in respect of the same specified offence in the same specified hunting area.
(6) A banning notice may be given to a person who is already subject to a banning notice if the subsequent notice is given in respect of another specified offence.
(1) A banning notice must state—
(a) the name of the person to whom the notice is given; and
(b) the specified offence that the authorised officer or member of the police force giving the notice suspects that the person has committed and the grounds for the suspicion; and
(c) the name of the authorised officer or member of the police force giving the notice and—
(i) in the case of a notice given by an authorised officer, the officer's employer and place of duty; or
(ii) in the case of a notice given by a member of the police force, the member's rank and place of duty; and
(d) the specified hunting area in which the banning notice applies; and
(e) the specified period for which, and the times during which, the notice applies; and
(f) that the person must not enter or re-enter the specified hunting area in which the notice applies during the specified period; and
(g) that if the person is in the specified hunting area to which the notice applies, the person must leave the area without delay; and
(h) that it is an offence to refuse or fail to comply with the notice; and
(i) that it is an offence to refuse or fail to comply with a direction given by an authorised officer or member of the police force to leave the specified hunting area to which the notice applies; and
(j) the maximum penalties for those offences; and
(k) that the notice may be varied or revoked.
(1) The Secretary or a member of the police force of or above the rank of sergeant may vary or revoke a banning notice at any time, by notice in writing given to the person to whom the notice applies.
(2) A banning notice cannot be varied under this section to extend the period for which the notice applies.
A person to whom a banning notice is given must not in contravention of the notice—
(a) enter or re-enter the specified hunting area; or
(b) remain in the specified hunting area.
Penalty: For a first offence, 20 penalty units;
For a second or subsequent offence, 60 penalty units.
(1) This section applies if a person to whom a banning notice is given is in a specified hunting area in contravention of the notice.
(2) Subject to subsection (3), an authorised officer or a member of the police force may direct the person to leave the specified hunting area in the manner (if any) specified in the direction.
(3) An authorised officer or a member of the police force must—
(a) before giving a direction under subsection (2), produce—
(i) in the case of an authorised officer, evidence of his or her identity; or
(ii) in the case of a member of the police force, proof of his or her identity and official status (unless he or she is in uniform); and
(b) inform the person that—
(i) the authorised officer or member of the police force is empowered to direct the person to leave the specified hunting area; and
(ii) it is an offence to refuse or fail to comply with the direction.
(4) A direction under subsection (2)—
(a) may be given orally or in writing; and
(b) must be reasonable in all the circumstances.
(1) A person to whom a direction under section 58K is given must not refuse or fail to comply with that direction.
Penalty: For a first offence, 20 penalty units;
For a second or subsequent offence, 60 penalty units.
(2) Despite subsection (1), it is not an offence
for a person to refuse or fail to comply with a direction under section 58K if
the authorised officer or member of the police force did not comply with
section 58K(3).
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(3) Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (2).
(1) A court may make an order excluding a person (the offender ) from a specified hunting area specified in the order, for the period specified in the order, if the court—
(a) finds the offender guilty of a specified offence; and
(b) is satisfied that the order may be an effective and reasonable means of preventing the offender from committing a further specified offence.
(2) An exclusion order may be made—
(a) on the application of—
(i) a member of the police force; or
(ii) an authorised officer; or
(iii) a person authorised by section 96 of the Conservation, Forests and Lands Act 1987 to take proceedings for an offence against this Act; or
(b) on the court's own motion.
(3) The exclusion period specified in the exclusion order must not exceed 12 months.
(4) An exclusion order—
(a) may exclude the offender from a specified hunting area—
(i) during any open season for ducks (as at the date on which the exclusion order is made); and
(ii) for the whole of the first day or the last day of any open season for ducks; and
(b) at all times during the period of the order or at the times specified in the order; and
(c) unless otherwise prohibited by this or any other Act, may (subject to any conditions the court thinks fit) allow the offender to enter the specified hunting area for a specified purpose—
(i) during the period of the order; or
(ii) at the times specified in the order; and
(d) may be made subject to any other conditions the court thinks fit.
(5) In determining whether it is satisfied under subsection (1)(b), the court must consider—
(a) the nature and gravity of the specified offence; and
(b) whether the offender has previously been found guilty of a specified offence; and
(c) whether the offender is or has been the subject of a banning notice or an exclusion order in relation to—
(i) another specified offence; or
(ii) a specified offence committed in another specified hunting area; and
(d) the likely impact of the exclusion order on—
(i) the offender; and
(ii) any alleged victim of the specified offence; and
(iii) public safety and public order; and
(e) any other matters that the court considers relevant.
(1) Any of the following may apply to the court that made an exclusion order for variation of the order—
(a) the person in respect of whom the order was made;
(b) a member of the police force;
(c) an authorised officer;
(d) a person authorised by section 96 of the Conservation, Forests and Lands Act 1987 to take proceedings for an offence against this Act.
(2) On an application under subsection (1), the court may vary the exclusion order in any way that the court considers appropriate, if the court is satisfied that facts or circumstances have arisen since the making or the last variation of the order that make it appropriate for the order to be varied.
(1) A person in respect of whom an exclusion order is made must not in contravention of the order—
(a) enter or re-enter the specified hunting area; or
(b) remain in the specified hunting area.
Penalty: For a first offence, 60 penalty units;
For a second or subsequent offence, 120 penalty units.
(2) Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court.
(1) This section applies if a person in respect of whom an exclusion order is made is in the specified hunting area in contravention of the order.
(2) Subject to subsection (3), an authorised officer or a member of the police force may direct the person to leave the specified hunting area in the manner (if any) specified in the direction.
(3) An authorised officer or a member of the police force must—
(a) before giving a direction under subsection (2), produce—
(i) in the case of an authorised officer, evidence of his or her identity; or
(ii) in the case of a member of the police force, proof of his or her identity and official status (unless he or she is in uniform); and
(b) inform the person that—
(i) the authorised officer or member of the police force is empowered to direct the person to leave the specified hunting area; and
(ii) it is an offence to refuse or fail to comply with the direction.
(4) A direction under subsection (2)—
(a) may be given orally or in writing; and
(b) must be reasonable in all the circumstances.
(1) A person to whom a direction under section 58P is given must not refuse or fail to comply with that direction.
Penalty: For a first offence, 60 penalty units;
For a second or subsequent offence, 120 penalty units.
(2) Despite subsection (1), it is not an offence for a person to refuse or fail to comply with a direction given under section 58P if the authorised officer or member of the police force did not comply with section 58P(3).
(3) Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (2).
(4) Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court.
The Secretary may disclose to a member of the police force, or a member of the police force may disclose to the Secretary, the following information—
(a) the fact that a banning notice or an exclusion order has been given or made that bans or excludes the person to whom it is given or in respect of whom it was made from a specified hunting area;
(b) the name of the person to whom the notice was given or in respect of whom the order was made;
(c) the period for which the notice or order applies;
(d) a copy of the notice or order and of any variation or revocation of the notice or order;
(e) any other information in relation to the notice or order that the Secretary or the member thinks fit for the purposes of the effective and efficient enforcement of the notice or order.
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