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Failure to comply with conditions

Failure to comply with the conditions of your authorisation is an offence under section 28B.

Failure to comply with the conditions of your authorisation is an offence under section 28B (‘Offence of failing to comply with conditions of authorisation’) of the Wildlife Act 1975. Failure to comply can result in fines of up to 50 penalty units ($9,615.50 as at 1 July 2023). 

Penalty units are updated by the Department of Treasury and Finance on 1 July each year. As of 1 July 2023, a penalty unit equates to $192.31.

If you are not complying with the conditions of your authorisation, you may also be committing offences under section 41 (‘Hunting, taking or destroying threatened wildlife’) and 43 (‘Hunting, taking or destroying protected wildlife’) of the Wildlife Act 1975.

Offences under section 41 carry a penalty of 240 penalty units ($46,154.40 as at 1 July 2023) or 24 months imprisonment, or both the fine and imprisonment and an additional penalty of 20 penalty units ($3,846.20 as at 1 July 2023) for every head of wildlife in respect of which an offence has been committed.

Offences under section 43 carry a penalty of 50 penalty units ($9,615.50 as at 1 July 2023) or 6 months imprisonment, or both the fine and imprisonment and an additional penalty of 5 penalty units ($961.55 as at 1 July 2023) for every head of wildlife in respect of which an offence has been committed.

In addition, the welfare of all animals in Victoria is protected under the Prevention of Cruelty to Animals Act 1986 (POCTA Act) under which anyone who commits an act of cruelty or aggravated cruelty is liable for an offence. Failure to comply with some of the conditions of your authorisation may constitute an offence under the POCTA Act (for example undertaking surgical treatment on animals in your care).

The penalties for offences under the POCTA Act are considerable; fines of up to $46,230 or jail for up to 12 months for animal cruelty (for individuals), and fines of up to $92,460.00 or imprisonment for up to two years for aggravated cruelty. Aggravated cruelty is cruelty that causes the death or serious disablement of an animal.

How to report illegal possession of wildlife and non‑compliance

If you suspect someone is holding wildlife unlawfully you can report Wildlife Crime to Crime Stoppers on 1800 333 000 or at www.crimestoppersvic.com.au/report-a-crime(opens in a new window)

To report someone not complying with the conditions of their authorisation, you can report it to your local DEECA office (see Appendix 1(opens in a new window)), or via the DEECA Customer Contact Centre on 136 186(opens in a new window).
 

Updated