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WILDLIFE REGULATIONS 2013 - NOTES

Version No. 007

S.R. No. 64/2013
Version incorporating amendments as at
14 June 2023

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Version No. 007

Wildlife Regulations 2013

S.R. No. 64/2013

Version incorporating amendments as at
14 June 2023

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Wildlife Regulations 2013, S.R. No. 64/2013 were made on 18 June 2013 by the Governor in Council under section 87 of the Wildlife Act 1975, No. 8699/1975 and came into operation on 23 June 2013: regulation 3.

The Wildlife Regulations 2013 will sunset on 16 June 2024: see Subordinate Legislation (Wildlife Regulations 2013) Extension Regulations 2023, S.R. No. 51/2023.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Wildlife Regulations 2013 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Wildlife Amendment Regulations 2014, S.R. No. 75/2014

Date of Making:

24.6.14

Date of Commencement:

1.7.14: reg. 3

Wildlife Further Amendment Regulations 2014, S.R. No. 155/2014

Date of Making:

7.10.14

Date of Commencement:

7.10.14

Wildlife Amendment Regulations 2018, S.R. No. 21/2018

Date of Making:

27.2.18

Date of Commencement:

1.3.18: reg. 3

Wildlife Further Amendment Regulations 2018, S.R. No. 164/2018

Date of Making:

16.10.18

Date of Commencement:

16.10.18

Wildlife Amendment (Noisy Pitta) Regulations 2021, S.R. No. 172/2021

Date of Making:

21.12.21

Date of Commencement:

21.12.21

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Explanatory details


[1] Reg. 4(a): S.R. No. 50/2002. Reprint No. 1 as at 21 August 2008. Reprinted to S.R. No. 139/2004. Subsequently amended by S.R. No. 103/2009 and extended in operation by S.R. No. 53/2012.

[2] Reg. 4(b): S.R. No. 139/2004.

[3] Reg. 4(c): S.R. No. 103/2009.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2022 is $15.29 and for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92 and for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——


Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 64/2013 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulations 43(1)(e) and 44(1)(e)

Code of practice for the keeping of amphibians in captivity published on 7 September 2006, as amended from time to time

The whole

Regulations 43(1)(e) and 44(1)(e)

Code of practice for the housing of caged birds published on 6 May 1999, as amended from time to time

The whole

Regulations 43(1)(e), 44(1)(e) and 72(1)(f)

Code of Practice for the Husbandry of Captive Emus (Revision 1) published on 19 July 2007, as amended from time to time

The whole

Regulations 43(1)(e), 44(1)(e) and 70(1)(c)

Code of practice for the welfare of animals on private game reserves licensed to hunt game birds, published on 9 June 2005, as amended from time to time

The whole

Regulations 43(1)(e) and 44(1)(e)

Code of practice for the welfare of animals: Private keeping of reptiles published on 30 October 2003, as amended from time to time

The whole

Regulation 65(1)(f)

Code of practice for the operation of pet shops published on 24 August 1995, as amended from time to time

The whole



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Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 66(1)(e) and 67(1)(f)

Code of practice for the public display and exhibition of animals published on 15 December 1994, as amended from time to time

The whole

Regulation 70(1)(c)

Code of practice for the welfare of animals in hunting (revision 1) published on 17 March 2005, as amended from time to time

The whole