An Act to amend various Acts with respect to sentencing in cases where victims are geographically isolated, the ownership of feral goats, the mustering of stock, trespass and illegal hunting; and for other purposes.
1 Name of Act
This Act is the Rural Crime Legislation Amendment Act 2017.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by subsection (2).(2) Schedule 1.5 commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Acts
[1] Section 10A Ownership of deer and feral goats
Insert “or feral goat” after “deer” wherever occurring in section 10A (1)–(3).
[2] Section 10A (4)
Insert in alphabetical order:feral goat means a living animal of the species Capra aegagrus hircus that has become established in the wild, has not been born as a result of a managed breeding program and has not been subject to any animal husbandry procedure or treatment.
Section 21A Aggravating, mitigating and other factors in sentencing
Insert “because of the geographical isolation of the victim” after “disability,” in section 21A (2) (l).
[1] Section 4 Definitions
Insert after the definition of inspector:Note—Section 34 provides that a police officer may exercise the functions of an inspector under this Act, and for that purpose is taken to be an inspector.
[2] Section 44 Power to detain and search vehicles or vessels
Omit section 44 (2). Insert instead:(2) An inspector may, by notice to produce, require a person in charge of the vehicle or vessel to take the vehicle or vessel to a specified place for the purposes of searching the vehicle or vessel if it is not reasonably practicable to carry out the search where the vehicle or vessel is stopped.(3) For the purposes of this section, game hunting offence includes an offence under section 28J of the Summary Offences Act 1988 and any such offence that there are reasonable grounds for believing has been, or is to be, committed.
[3] Section 45 Power of seizure
Insert “(including any search of a vehicle or vessel conducted after a notice to produce was issued under section 44 (2))” after “Division” in section 45 (1).
[4] Section 45 (9)
Insert after section 45 (8):(9) For the purposes of this section, game hunting offence includes an offence under section 28J of the Summary Offences Act 1988 and any such offence that there are reasonable grounds for believing has been, or is to be, committed.
[1] Section 4B Aggravated unlawful entry on inclosed lands
Insert at the end of section 4B (1) (b):, or(c) introduces or increases a risk of a biosecurity impact (within the meaning of the Biosecurity Act 2015) for those inclosed lands, or(d) intends to commit on those inclosed lands an offence under any of the following provisions:(i) section 126, 503, 505 or 506 of the Crimes Act 1900,(ii) section 16 of the Game and Feral Animal Control Act 2002,(iii) section 28J of the Summary Offences Act 1988, or(e) without reasonable excuse, possesses, places or uses any net, trap, snare, poison, explosive, ammunition, knife, hunting device or hunting equipment, or(f) without reasonable excuse, possesses or discharges a firearm (within the meaning of the Firearms Act 1996) or a prohibited weapon (within the meaning of the Weapons Prohibition Act 1998), or(g) is accompanied by a dog of a breed ordinarily used for hunting.
[2] Section 4B (3)
Insert after section 4B (2):(3) Proof of reasonable excuse under this section lies on the person charged with the offence.
Part 16B
Insert after Part 16A:Part 16B Entry onto land to muster stock210K DefinitionsIn this Part:stock means any of the following:(a) camels, dromedaries, alpacas, llamas and vicunas,(b) cattle (that is, bulls, cows, oxen, heifers, steers, calves and buffalo),(c) deer,(d) goats (including bucks, does, wethers and kids),(e) horses (that is, horses, mares, geldings, colts, fillies, foals, hinnies, mules, donkeys and asses),(f) pigs (including boars, sows, barrows, piglets and suckers),(g) sheep (including rams, ewes, wethers and lambs).stock mustering order—see section 210L.210L Stock mustering orders(1) The Local Court may, on application by the owner of stock or a police officer, make an order (a stock mustering order) that authorises a person named in the order to do one or more of the following:(a) enter the land specified in the order, including the airspace above the land, to conduct, under the direction and supervision of a police officer, a muster of the stock identified in the order, so as to locate and remove the stock,(b) search for and take possession of stock found at the land that matches the description of the stock identified in the order,(c) draft, cut out, and take any other action necessary to identify and separate the stock from other stock, but only for the purposes of conducting the muster,(d) bring onto the land specified in the order any agent, assistant, horse, dog, vehicle or equipment reasonably necessary for the search, or for the taking possession of stock, that is authorised by the order.(2) A stock mustering order is taken to also authorise any police officer to do either or both of the following:(a) enter the land specified in the order, including the airspace above the land, to direct and supervise the muster of the stock identified in the order, so as to locate and remove the stock,(b) bring onto the land any horse, dog, vehicle or equipment that is reasonably necessary for directing and supervising the muster.(3) The Local Court is to make a stock mustering order only if satisfied that:(a) the owner of stock or police officer who applied for the order has reasonable grounds for believing that the owner’s stock is on land managed or controlled by another person, and(b) either the person managing or controlling the land has unreasonably refused to permit the owner of stock or police officer who applied for the order to enter the land to search for, locate and remove the stock or it is impracticable for the owner of stock or the police officer to obtain such permission.(4) A stock mustering order must state:(a) the general grounds on which the order is made, and(b) the period for which it applies.(5) Part 4 of the Local Court Act 2007 applies, subject to any modifications provided for by this Part or by the regulations, to proceedings for a stock mustering order under this Part, as if those provisions were application proceedings against the person managing or controlling the land in relation to which the order is sought.Note—Section 70 of the Local Court Act 2007 provides for appeals in relation to matters dealt with under Part 4 of that Act.210M Application for stock mustering order(1) An application for a stock mustering order is to be made by issuing and filing an application notice in accordance with Part 4 of the Local Court Act 2007.(2) An application for a stock mustering order must specify the grounds for the application, including any belief of the applicant, in the manner prescribed by the regulations.(3) Despite section 49 of that Act, the application notice must be served:(a) personally on the owner of, or person managing or controlling, the land to which the application relates, or(b) if personal service cannot be effected promptly, by causing a copy of the application notice to be affixed to or near at least one of the entrances to the land.(4) The application notice must also be served on the police officer in charge of the police station closest to the land to which the application relates, unless the application is made by a police officer.(5) The Commissioner is a party to any application for a stock mustering order under this Part and the Commissioner or any police officer may be represented by a legal practitioner at any proceedings for such an order.(6) Despite subsection (1), section 51 of the Local Court Act 2007 does not apply to an application for a stock mustering order.210N Notice of order required in certain circumstances(1) If the person managing or controlling the land to which a stock mustering order relates did not appear, or was not represented, before the Local Court on the making of the order, the owner of the relevant stock, or the police officer who applied for the order, is to cause a copy of the order to be served:(a) personally on the person managing or controlling the land named in the order, or(b) if personal service cannot be effected promptly, by causing a copy of the order to be affixed to or near at least one of the entrances to the land.(2) If no police officer was a party to the proceedings for the stock mustering order, the owner of the relevant stock is to also cause a copy of the order to be served on the police officer in charge of the police station closest to the land to which the notice relates.210O Entering land to enforce stock mustering order(1) A person authorised by a stock mustering order to enter land may enter the land and do the things that the person is authorised to do by the stock mustering order.(2) Before land is first entered under the authority of a stock mustering order, the owner of the relevant stock, or the police officer who applied for the order, must cause a notice to be prepared that:(a) contains a summary of the stock mustering order, and(b) specifies the intention of the person named in the order, or any police officer, to enter, or to authorise entry to, the land to act in accordance with the order on or from a date specified in the order (the enforcement date).(3) A copy of the notice must be served, not less than 7 days before the enforcement date:(a) personally on the owner of, or person managing or controlling, the land to which the application relates, or(b) if personal service cannot be effected promptly, by causing a copy of the notice to be affixed to or near at least one of the entrances to the land.(4) A copy of the notice must also be served on the police officer in charge of the police station closest to the land to which the notice relates, not less than 7 days before the enforcement date.(5) A stock mustering order does not authorise a police officer or any other person to enter any part of land that is used for residential purposes.210P Preventing, hindering or obstructing enforcement of stock mustering orderA person who has knowledge of a stock mustering order must not:(a) do an act or make an omission with intent to frustrate action under the order, or(b) obstruct a person who is acting under the order.Maximum penalty: 50 penalty units or imprisonment for 6 months.
[1] Section 28J Offence of hunting on private land
Omit “10 penalty units” from section 28J (2). Insert instead “20 penalty units”.
[2] Section 29B Penalty notices: hunting on private land without consent of owner or occupier of the land
Insert “, or inspector appointed under Division 1 of Part 4 of the Game and Feral Animal Control Act 2002,” after “police officer” in section 29B (1).
[3] Section 29B (1)
Omit “an officer”. Insert instead “a person”.