Title: National Parks and Wildlife (Kangaroo Harvesting)Regulations 2003
Subject: National Parks and WildlifeAct 1972
Author: Office of Parliamentary Counsel
Category: public
Document comments: 54

No 54 of 2003 published in Gazette 29.5.2003 p 2126

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Part 1—Preliminary

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Preliminary—Part 1

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Part 2—Sealed tags

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Sealed tags—Part 2

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Part 3—Harvesting kangaroos (section 60J permit)

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Harvesting kangaroos (section 60J permit)—Part 3

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Part 4—Taking kangaroos for personal use (section 53(1)(c) permit)

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Taking kangaroos for personal use (section 53(1)(c) permit)—Part 4

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Part 5—Miscellaneous

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Miscellaneous—Part 5

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Schedule 1—Point for attaching sealed tags

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Point for attaching sealed tags—Schedule 1

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Schedule 2—Field record books; returns

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Field record books; returns—Schedule 2

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Schedule 3—Revocation and transitional provisions

National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
Revocation and transitional provisions—Schedule 3

South Australia
National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003
under the National Parks and Wildlife Act 1972

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Interpretation
4	Application of regulations
Part 2—Sealed tags
5	Issue etc of sealed tags
6	Prohibition of possession of out of date unused sealed tags
7	Method of attaching sealed tags
8	Prohibition of attachment of sealed tags, other objects
9	Prohibition of alteration, destruction etc of sealed tags
10	Removal of sealed tags
11	Prohibition of possession of used sealed tags
Part 3—Harvesting kangaroos (section 60J permit)
12	Part 3 interpretation
13	Provisions of this Part are conditions of permit
14	Only permit holder may take kangaroo
15	Permit holder may only take from land to which commercial harvesting authority applies
16	Permit holder may only take species, number permitted by commercial harvesting authority
17	Permit holder must have sealed tag and be nominated to Director before taking kangaroo
18	Permit holder must have field record book before taking kangaroo
19	Permit holder must attach sealed tag after taking kangaroo
20	Permit holder must record taking in field record book
21	Permit holder must sell, supply to meat processor
22	Only head-shot etc kangaroos to be sold, supplied
23	Permit holder must provide returns
24	Permit holder must keep copies of returns
25	Permit holder must notify Director if books or copies of returns lost, damaged
26	Permit holder must produce books or copies of returns on request
27	Permit holder must produce books or copies of returns for court proceedings
28	Permit holder must not contravene regulations
Part 4—Taking kangaroos for personal use (section 53(1)(c) permit)
29	Part 4 interpretation
30	Sealed tags required before kangaroo taken for personal use
31	Sealed tags to be attached when kangaroo taken for personal use
Part 5—Miscellaneous
32	Prohibition of taking while in possession of incorrect sealed tags
33	Prohibition of possession etc of skins, carcasses without sealed tags
34	Prohibition of removal of skins, carcasses from private land without sealed tags
35	Restriction on sale etc of skins and carcasses without sealed tags
36	Form of carcass for sale etc
37	Further restrictions on taking of kangaroos
38	Offences
Schedule 1—Point for attaching sealed tags
Schedule 2—Field record books; returns
1	Information to be recorded in section 60J permit field record book (regulation 20)
2	Information to be recorded in the section 60J permit return (regulation 23)
Schedule 3—Revocation and transitional provisions
Part 1—Revocation of Kangaroo Sealed Tag Regulations 1990
1	Revocation of regulations
Part 2—Transitional provisions
2	Continued application of revoked regulations
3	Commercial harvesting authorities to constitute destruction permits for purposes of section 58(3) permits

Part 1—Preliminary
1—Short title
These regulations may be cited as the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003.
2—Commencement
These regulations will come into operation on 1 July 2003.
3—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the National Parks and Wildlife Act 1972;
authorised landowner means an owner of land in relation to which a commercial harvesting authority currently applies;
carcass of a kangaroo has the same meaning as in the Act, but does not include skin that has been removed from the rest of the carcass of a kangaroo;
chiller means an appliance, room or structure approved for use for the provision of refrigeration facilities for the storage of kangaroos under an accreditation under the Meat Hygiene Act 1994;
Code of Practice for the Humane Shooting of Kangaroos means the Code of Practice for the Humane Shooting of Kangaroos (Second edition, 1990) published by Environment Australia, as varied or substituted from time to time;
commercial harvesting authority means a determination by the Minister that the harvesting of kangaroos of a specified number and common species during a specified period on specified land is in accordance with the requirements of section 60J of the Act and the kangaroo plan of management, being a determination that is—
	(a)	notified in writing to the owner of the land or (with the consent of the other owners) of portion of the land; or
	(b)	in the case of a reserve, published in the Gazette;
commercial use of a kangaroo that has been taken means the sale of the skin or carcass of the kangaroo;
commercial use sealed tag means a sealed tag issued for attachment to the skin or carcass of a kangaroo taken for commercial use;
common, in relation to species of kangaroo, means the following species of kangaroo:
	(a)	red kangaroo—Macropus rufus;
	(b)	western grey kangaroo—Macropus fuliginosus melanops;
	(c)	euro (wallaroo) (hill kangaroo)—Macropus robustus;
field processing, in relation to a kangaroo taken pursuant to a section 60J permit, means—
	(a)	dressing the carcass into a form in which it is permitted to be sold under these regulations; or
	(b)	where the skin only is to be sold, removing the skin from the rest of the carcass;
field record book see regulation 18;
imported, in relation to the skin or carcass of a kangaroo, means imported into the State under a section 59 permit;
kangaroo means an animal of the genus Macropus;
kangaroo field processor means a person who—
	(a)	is the holder of a section 60J permit that authorises the holder to take kangaroos of a specified common species by means of a firearm for sale or use; and
	(b)	conducts field processing of the kangaroos so taken;
kangaroo meat processor means a person who—
	(a)	carries on the business of processing kangaroo carcasses for human or animal consumption or for any other purpose; and
	(b)	is the holder of a section 58(3) permit authorising the holder to sell kangaroo carcasses and skins;
kangaroo plan of management means the plan of management in relation to the harvesting of common kangaroo species entitled "The Macropod Conservation and Management Plan for South Australia—Conservation and Management of Common Kangaroos" adopted by the Minister under section 60I of the Act and published in the Gazette on 24 March 2003 at page 1123, as varied or substituted from time to time;
kangaroo skin tanner means a person who—
	(a)	carries on the business of tanning skins; and
	(b)	is the holder of a section 58(3) permit authorising the holder to sell kangaroo skins;
nominated means nominated to the Director in accordance with these regulations;
number, of a sealed tag, means the numbers, letters or other marks identifying the tag;
out of date, in relation to an unused sealed tag, means an unused sealed tag—
	(a)	for which the 12 month period referred to in regulation 5(11) has expired and for which no extension has been granted under regulation 5(12); or
	(b)	for which the 12 month period referred to in regulation 5(11) and any extension granted under regulation 5(12) have expired;
personal use of a kangaroo that has been taken means any use of the skin or carcass of the kangaroo other than the sale or supply of the skin or carcass;
personal use sealed tag means a sealed tag issued for attachment to the carcass of a kangaroo taken for personal use;
return book see regulation 23;
sealed tag means a tag issued by the Director for attachment to the skin or carcass of a kangaroo to show that royalty has been paid in relation to the taking of the kangaroo;
section 53(1)(c) permit means a permit granted under section 53(1)(c) of the Act;
section 58(3) permit means a permit granted under section 58(3) of the Act;
section 59 permit means a permit granted under section 59 of the Act;
section 60J permit means a permit granted under section 60J of the Act;
skin means the whole or any part of the skin of a kangaroo that has been removed from the rest of the carcass of the kangaroo;
unused, in relation to a sealed tag, means a sealed tag that has not been attached to the skin or carcass of a kangaroo;
use, in relation to a kangaroo that has been taken, does not include allowing the kangaroo to lie on the land, or burying or burning the kangaroo, where it was taken;
working day means any day other than a Saturday or a Sunday or other public holiday.
4—Application of regulations
	(1)	Unless the contrary intention appears, these regulations apply only in relation to kangaroos taken pursuant to a section 60J permit or a section 53(1)(c) permit.
	(2)	These regulations do not apply to, or in relation to—
	(a)	the carcass of a kangaroo after a sealed tag attached to the carcass has been removed from the carcass in accordance with these regulations; or
	(b)	the skin of a kangaroo after a sealed tag attached to the skin has been removed from the skin in accordance with these regulations.

Part 2—Sealed tags
5—Issue etc of sealed tags
	(1)	The Director may issue sealed tags in accordance with these regulations.
	(2)	Each sealed tag will be marked with a number and—
	(a)	in the case of a commercial use sealed tag, will be—
	(i)	orange in colour if it is to be attached to a red kangaroo; and
	(ii)	white in colour if it is to be attached to a western grey kangaroo; and
	(iii)	blue in colour if it is to be attached to a euro; and
	(b)	in the case of a personal use sealed tag, will be yellow in colour.
	(3)	The Director will—
	(a)	issue a numbered sealed tag of such colour; and
	(b)	maintain such records in relation to the tag,
as will enable the matters referred to in subregulation (5) and (6) to be identified from the tag.
	(4)	A person to whom a sealed tag is issued must, in a form approved by the Director, provide such information and make such nominations as are required by the Director for the purposes of these regulations (and a nomination so made may be altered with the approval of the Director).
	(5)	A commercial use sealed tag will, by reason of its colour and number, identify—
	(a)	the tag as a commercial use sealed tag; and
	(b)	the species of the kangaroo to which it is to be attached; and
	(c)	the land nominated as the land from which the kangaroo is to be taken; and
	(d)	the kangaroo field processor nominated to take the kangaroo; and
	(e)	the kangaroo meat processor nominated to process the kangaroo carcass to which the tag may be attached.
	(6)	A personal use sealed tag will, by reason of its colour and number, identify—
	(a)	the tag as a personal use sealed tag; and
	(b)	the land nominated as the land from which the kangaroo is to be taken.
	(7)	A kangaroo meat processor or authorised landowner to whom a commercial use sealed tag is issued may supply the tag to a kangaroo field processor who is nominated to the Director in accordance with these regulations as the person who is to take the kangaroo.
	(8)	A holder of a section 53(1)(c) permit to whom a personal use sealed tag is issued may supply the tag to a person who is to take a kangaroo pursuant to that permit.
	(9)	Subject to subregulations (7) and (8), a person to whom a sealed tag has been issued or supplied must not sell or supply the tag to another person.
	(10)	A person who has possession of an unused sealed tag must keep it in a place that is secure against theft, loss and damage, but if the tag is stolen, lost or damaged the person must inform the Director of the identity of the tag before the end of the next working day after the day on which the person becomes aware of that theft, loss or damage.
	(11)	Subject to this regulation, a sealed tag may only be used during a period of 12 months from—
	(a)	the date of issue of the tag; or
	(b)	such later date as is specified in writing by the Director when the tag is issued.
	(12)	If a sealed tag is not used within the 12 month period referred to in subregulation (11), the Director may, on application in accordance with this regulation by the person who has the tag, extend (by written notice to that person) the period during which the tag may be used for up to a further 12 months from the end of the initial 12 month period.
	(13)	An application under subregulation (12) must be made—
	(a)	within 3 months after the expiry of the 12 month period referred to in subregulation (11); and
	(b)	in a form approved by the Director.
	(14)	Where an unused sealed tag is out of date, the Director may, on application in accordance with this regulation by the person to whom the tag was issued, repay the royalty paid in respect of the tag.
	(15)	An application under subregulation (14) must be made—
	(a)	within 3 months after the last time that the sealed tag became out of date; and
	(b)	in a form approved by the Director.
	(16)	Despite this regulation, a person who has possession of an unused sealed tag that is more than 3 months out of date must destroy the tag or render it unusable by cutting it in half.
	(17)	A warden may seize an unused sealed tag that is more than 3 months out of date.
6—Prohibition of possession of out of date unused sealed tags
A person must not have possession of an unused sealed tag that is more than 3 months out of date unless he or she is authorised in writing to do so by the Director.
7—Method of attaching sealed tags
	(1)	Where a sealed tag is to be attached to the carcass of a kangaroo, it must be attached to the skin of the carcass at the point indicated in Schedule 1.
	(2)	Where a sealed tag is to be attached to the skin of a kangaroo that has been removed from the rest of the carcass of the kangaroo, it must be attached to the skin at the point indicated in Schedule 1.
	(3)	In each case the tag must be firmly attached in the following manner:
	(a)	the strip of plastic that constitutes the tag must be passed through the skin and formed into a loop that encloses at least 3 centimetres of skin; and
	(b)	the loop must be completed and locked into place around the enclosed portion of skin—
	(i)	in the case of a tag that has notches marked along its length and a slot at one end, by pulling the other end of the tag through the slot until it is secured by the last notch;
	(ii)	in the case of a tag that has a notched projection at one end and a circular hole near the other end, by pushing the projection completely through the hole.
	(4)	Despite this regulation, where a kangaroo is taken for personal use and the portion that is to be so used does not include the point of attachment indicated in Schedule 1—
	(a)	the personal use sealed tag may be attached to the portion (or, if more than one portion is to be used, to one such portion) at any suitable point; and
	(b)	where the portion is a portion of carcass that has no skin, the tag must be attached to the flesh of the carcass in the manner described in subregulation (3) for attachment to the skin.
	(5)	Where a kangaroo is taken for commercial use and, on being taken, the tail or another portion of the carcass that is to be used is removed from the portion to which the sealed tag is attached in accordance with this regulation, that tail or other portion must be kept in the same vehicle or chiller as the portion to which the tag is attached until so used.
	(6)	Where a kangaroo taken for personal use is, on being taken, divided into portions and more than one such portion is to be used, all portions that are to be used must (until use) be kept—
	(a)	in the same bag or other container as the portion to which the sealed tag is attached and separate from any portion of a different kangaroo or other animal; or
	(b)	in such other manner as allows the clear identification of the portions to which the tag relates.
	(7)	A sealed tag attached in accordance with this regulation will, for the purposes of these regulations, be taken to be attached in accordance with this regulation to each portion referred to in subregulation (5) or (6) that is kept in the manner specified in the subregulation.
8—Prohibition of attachment of sealed tags, other objects
A person must not—
	(a)	attach a sealed tag to the skin or carcass of a kangaroo other than a kangaroo that has been taken pursuant to a section 60J permit or a section 53(1)(c) permit; or
	(b)	attach any other object to the skin or carcass of a kangaroo,
unless he or she is authorised in writing to do so by the Director.
9—Prohibition of alteration, destruction etc of sealed tags
	(1)	A person must not alter, damage or destroy an unused sealed tag unless he or she—
	(a)	is required to do so by these regulations; or
	(b)	is authorised in writing to do so by the Director.
	(2)	A person must not alter, damage or destroy a sealed tag that is attached to the skin or carcass of a kangaroo unless the alteration, damage or destruction—
	(a)	occurs in removing an attached sealed tag from the skin or carcass pursuant to these regulations; or
	(b)	is authorised in writing by the Director.
	(3)	Where the alteration of a sealed tag is authorised in writing by the Director, the sealed tag will not, for the purposes of these regulations, be taken to be an altered sealed tag.
10—Removal of sealed tags
	(1)	A person must not remove or attempt to remove a sealed tag from the skin or carcass of a kangaroo unless he or she—
	(a)	is authorised to do so by this regulation; or
	(b)	is authorised in writing to do so by the Director.
	(2)	A commercial use sealed tag may be removed from the carcass (but not the skin) of a kangaroo by a kangaroo meat processor when he or she processes the carcass.
	(3)	A commercial use or personal use sealed tag may be removed from the skin of a kangaroo by a kangaroo skin tanner when the skin is tanned in the course of his or her business.
	(4)	A personal use sealed tag may be removed from the skin or carcass of a kangaroo by the person who took the kangaroo when the skin or carcass is so used.
	(5)	A person who removes a sealed tag from the skin or carcass of a kangaroo in accordance with these regulations must, if the tag is not destroyed or rendered unusable in being removed, immediately destroy the tag or render it unusable by cutting it in half.
11—Prohibition of possession of used sealed tags
A person must not have possession of a sealed tag that has been removed from the skin or carcass of a kangaroo unless—
	(a)	in the case of a commercial use or personal use sealed tag that has been removed from the skin of a kangaroo, he or she is a kangaroo skin tanner; or
	(b)	in the case of a personal use sealed tag that has been removed from the skin or carcass of a kangaroo, the tag has been destroyed or rendered unusable in accordance with regulation 10(5); or
	(c)	he or she is authorised in writing to do so by the Director.

Part 3—Harvesting kangaroos (section 60J permit)
12—Part 3 interpretation
In this Part, unless the contrary intention appears—
permit means a section 60J permit that authorises the taking of a kangaroo of a common species;
permit holder means the person to whom the permit is granted.
13—Provisions of this Part are conditions of permit
	(1)	The provisions of this Part are, unless otherwise stated in a permit, conditions of a section 60J permit that authorises the taking of a kangaroo of a common species.
	(2)	The Director may, by written notice given to a permit holder, waive compliance by the permit holder with a condition referred to in this Part.
14—Only permit holder may take kangaroo
No person other than the permit holder may—
	(a)	take a kangaroo pursuant to the permit; or
	(b)	sell or use the skin or carcass of such a kangaroo pursuant to the permit.
15—Permit holder may only take from land to which commercial harvesting authority applies
The permit holder may only take a kangaroo pursuant to the permit from land to which a commercial harvesting authority currently applies.
16—Permit holder may only take species, number permitted by commercial harvesting authority
The permit holder may only take kangaroos of a species and number that accord with the commercial harvesting authority applicable to the land from which they are to be taken, and, where kangaroos of a given species have already been taken in accordance with the authority from the land, must not take more than the number of that species that remain to be taken in accordance with the authority.
17—Permit holder must have sealed tag and be nominated to Director before taking kangaroo
The permit holder must not take a kangaroo pursuant to the permit unless—
	(a)	he or she is in possession of an unused sealed tag that—
	(i)	is appropriate for the use (commercial or personal) to be made of the kangaroo; and
	(ii)	is one for which the land on which the kangaroo is to be taken is nominated; and
	(iii)	in the case of a commercial use tag, is the correct colour for the species of kangaroo to be taken, identifies the permit holder as the kangaroo field processor nominated to take the kangaroo and identifies a kangaroo meat processor nominated to process the carcass; and
	(iv)	is not out of date; and
	(v)	has not been altered or damaged; and
	(b)	where a commercial use sealed tag is to be used, the person to whom the tag was issued has, at least 5 working days before the kangaroo is taken, given the Director notice in a form approved by the Director—
	(i)	nominating the land from which the kangaroo is to be taken and, in the case of private land, specifying the name of the owner of that land; and
	(ii)	nominating the permit holder as the kangaroo field processor who is to take the kangaroo and specifying the number of his or her section 60J permit; and
	(iii)	identifying (by its number) the commercial use sealed tag that is to be used by the permit holder; and
	(iv)	specifying the intended location of the chiller in which the carcass is first to be stored after field processing; and
	(v)	nominating the kangaroo meat processor who is to process the carcass; and
	(vi)	if the person giving the notice holds a section 58(3) permit, stating the number of that permit.
18—Permit holder must have field record book before taking kangaroo
The permit holder must keep a book (the field record book) for the purpose of recording the information required by Schedule 2 and must not take a kangaroo pursuant to the permit unless he or she is in possession of that book.
19—Permit holder must attach sealed tag after taking kangaroo
	(1)	The permit holder must, immediately after taking a kangaroo pursuant to the permit, attach to the skin or carcass of the kangaroo in accordance with these regulations an unused sealed tag that—
	(a)	is the appropriate tag for the use (commercial or personal) to be made of the skin or carcass; and
	(b)	is a tag for which the land on which the kangaroo was taken is nominated; and
	(c)	in the case of commercial use sealed tag—
	(i)	is the correct colour for the species of kangaroo taken; and
	(iii)	identifies a kangaroo meat processor nominated to process the carcass; and
	(d)	is not out of date; and
	(e)	has not been altered or damaged.
	(2)	The permit holder must attach a tag in accordance with subregulation (1) whether or not the skin or carcass of the kangaroo is in fact then used.
20—Permit holder must record taking in field record book
The permit holder must, immediately after field processing a kangaroo taken pursuant to the permit, record the information required by Schedule 2 in his or her field record book.
21—Permit holder must sell, supply to meat processor
Where the permit holder attaches to the carcass of a kangaroo taken pursuant to the permit a commercial use sealed tag that identifies a kangaroo meat processor nominated to process the carcass, the permit holder must not, without the written approval of the Director, sell or supply the carcass to any person other than that kangaroo meat processor.
22—Only head-shot etc kangaroos to be sold, supplied
The permit holder must not sell or supply the carcass of a kangaroo taken pursuant to the permit unless—
	(a)	the kangaroo was taken in accordance with the Code of Practice for the Humane Shooting of Kangaroos ; and
	(b)	the kangaroo has not suffered damage from a firearm other than—
	(i)	damage to the head; or
	(ii)	damage to the head and such damage as results from a single shot to the heart.
23—Permit holder must provide returns
	(1)	The permit holder must, no more than 14 days after the last day of each month, provide the Director with a return completed and signed by the permit holder that sets out the information required by Schedule 2.
	(2)	For that purpose the permit holder must use a return supplied by the Director (whether supplied individually or bound in the form of a book (the return book)).
24—Permit holder must keep copies of returns
The permit holder must keep a copy of each completed return provided to the Director and keep all such copies in a safe and secure place at the permit holder's principal place of residence.
25—Permit holder must notify Director if books or copies of returns lost, damaged
Where a field record book, return book or copy of a completed return is lost or damaged, the permit holder must notify the Director of that loss or damage before the end of the next working day after the day on which the permit holder becomes aware of it.
26—Permit holder must produce books or copies of returns on request
A permit holder who has custody or control of a field record book, return book or copy of a completed return must, if requested by a warden, produce the book or copy for inspection by the warden as soon as practicable after the request is made.
27—Permit holder must produce books or copies of returns for court proceedings
Where a permit holder who is charged with an offence against the Act or regulations made under the Act has custody or control of a field record book, return book or copy of a completed return that the Director or a warden believes is relevant to the charge, the permit holder must, at the request of the Director or warden, produce that book or copy to the court that hears the charge.
28—Permit holder must not contravene regulations
The permit holder must not contravene or fail to comply with a requirement of these regulations or the National Parks and Wildlife (Wildlife) Regulations 2001.

Part 4—Taking kangaroos for personal use (section 53(1)(c) permit)
29—Part 4 interpretation
In this Part, unless the contrary intention appears—
section 53(1)(c) permit means a section 53(1)(c) permit that authorises the taking of a kangaroo for personal use.
30—Sealed tags required before kangaroo taken for personal use
	(1)	Subject to this regulation, a person must not take a kangaroo pursuant to a section 53(1)(c) permit for personal use unless he or she is in possession of an unused personal use sealed tag that—
	(a)	is one for which the land on which the kangaroo is to be taken is nominated; and
	(b)	is not out of date; and
	(c)	has not been altered or damaged.
	(2)	Subregulation (1) does not apply to a person who is exempted by the section 53(1)(c) permit from a requirement under these regulations to attach a sealed tag to the skin or carcass of a kangaroo taken pursuant to the permit.
31—Sealed tags to be attached when kangaroo taken for personal use
	(1)	Subject to this regulation, a person who takes a kangaroo pursuant to a section 53(1)(c) permit for personal use must, immediately after taking the kangaroo, attach an unused personal use sealed tag that complies with subregulation (2) to the skin or carcass of the kangaroo in accordance with these regulations.
	(2)	The sealed tag—
	(a)	must be one for which the land on which the kangaroo was taken is nominated; and
	(b)	must not be out of date; and
	(c)	must not have been altered or damaged.
	(3)	Subregulation (1) does not apply to a person who is exempted by the section 53(1)(c) permit from a requirement under these regulations to attach a sealed tag to the skin or carcass of a kangaroo taken pursuant to the permit.

Part 5—Miscellaneous
32—Prohibition of taking while in possession of incorrect sealed tags
A person must not, without reasonable excuse, take a kangaroo on any land pursuant to a section 60J permit or a section 53(1)(c) permit while in possession of an unused sealed tag for which different land is nominated.
33—Prohibition of possession etc of skins, carcasses without sealed tags
A person must not have possession or control of the skin or carcass of a kangaroo taken pursuant to a section 60J permit or a section 53(1)(c) permit unless a sealed tag is attached to the skin or carcass in accordance with these regulations.
34—Prohibition of removal of skins, carcasses from private land without sealed tags
Where a kangaroo is taken on private land pursuant to a section 60J permit or a section 53(1)(c) permit, a person must not remove the skin or carcass of the kangaroo from the land unless a sealed tag is attached to the skin or carcass in accordance with these regulations.
35—Restriction on sale etc of skins and carcasses without sealed tags
	(1)	Subject to this regulation, a person must not sell or supply the skin or carcass of a kangaroo unless a commercial use sealed tag is attached to the skin or carcass in accordance with these regulations.
	(2)	A kangaroo meat processor must not purchase or receive the carcass of a kangaroo (other than an imported carcass) unless a commercial use sealed tag is attached to the carcass in accordance with these regulations.
36—Form of carcass for sale etc
	(1)	Subject to this regulation, a person must not sell or supply the carcass of a kangaroo in any form other than—
	(a)	as the whole of the carcass (with the skin attached) that remains after the head, the tail, the rear legs to the first joint and all of the abdominal organs (other than the liver and kidneys) have been removed; or
	(b)	that described in paragraph (a), together with the tail (with the skin attached) that has been removed from the rest of the carcass.
	(2)	Despite subregulation (1), the carcass of a kangaroo may be sold or supplied in such other form as may be specified in a section 60J permit or section 58(3) permit pursuant to which it is sold or supplied.
37—Further restrictions on taking of kangaroos
	(1)	The Director may, by notice in the Gazette and in a newspaper circulating in the area in which the notice will apply—
	(a)	declare a weight limit for the taking of kangaroos or the sale or supply of kangaroo carcasses under the Act; or
	(b)	prohibit or impose other restrictions on the taking of kangaroos under the Act,
where in the opinion of the Director such a weight limit, prohibition or restriction is necessary for the preservation or conservation of kangaroos.
	(2)	A notice under subregulation (1) may—
	(a)	be restricted in its application to kangaroos taken in a specified part of the State; or
	(b)	vary in its application according to the species or sex of the kangaroos; or
	(c)	specify any other factors in relation to the application of the weight limit, prohibition or restriction.
38—Offences
	(1)	Subject to subregulation (2), a person who contravenes or fails to comply with a provision in these regulations is guilty of an offence.
Maximum penalty: $1 000.
Expiation fee: $150.
	(2)	Subregulation (1) does not apply where—
	(a)	the person is the holder of a section 60J permit; and
	(b)	the contravention or failure by the permit holder constitutes a breach of a condition of the permit.
Note—
It is an offence under section 73 of the Act for the permit holder to breach a condition of the permit.

Schedule 1—Point for attaching sealed tags

Schedule 2—Field record books; returns
1—Information to be recorded in section 60J permit field record book (regulation 20)
Date on which the kangaroo was taken
Property on which kangaroo taken
Commercial harvesting authority number
Species of the kangaroo
Sex of the kangaroo
Number of the sealed tag attached to the carcass or skin of the kangaroo
Permit number (section 60J permit)
Weight of the carcass of the kangaroo (kg)
2—Information to be recorded in the section 60J permit return (regulation 23)
Month and year to which return relates
Permit number (section 60J permit)
Name of permit holder
Address of permit holder
Registration number of permit holder's vehicle
Make and model of permit holder's vehicle
Date on which kangaroo taken
Property on which kangaroo taken
Commercial harvesting authority number
Species of kangaroo taken
Location of chiller in which carcass was stored
Code assigned to the chiller under Meat Hygiene Act 1994
Number of kangaroo carcasses of each sex
Total weight in kilograms of kangaroo carcasses of each sex
Number of kangaroo carcasses sold
Date carcasses sold
Total weight in kilograms of carcasses for each sale
Name of purchaser of carcasses
Number of skins only sold
Name of purchaser of skins
Kangaroo sealed tag numbers

Schedule 3—Revocation and transitional provisions
Part 1—Revocation of Kangaroo Sealed Tag Regulations 1990
1—Revocation of regulations
The Kangaroo Sealed Tag Regulations 1990 (Gazette 15.11.1990 p1527) as varied are revoked.
Part 2—Transitional provisions
2—Continued application of revoked regulations
The Kangaroo Sealed Tag Regulations 1990, as in force immediately prior to the commencement of these regulations, continue to apply to the skin or carcass of a kangaroo taken prior to that commencement.
3—Commercial harvesting authorities to constitute destruction permits for purposes of section 58(3) permits
Subject to these regulations, a commercial harvesting authority will be taken to be a current destruction permit for the purposes of a section 58(3) permit issued prior to the commencement of these regulations.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 29 May 2003
No 54 of 2003
EC 03/0045 CS