Black swans (Cygnus atratus) are protected under Australian law.
This page focuses on Victorian provisions under the Wildlife Act 1975 (Vic) and the offences applicable. Below are selected extracts from the Act (Version No. 123).
Section 47 Accquiring etc. protected wildlife
(1) A person must not buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on other protected wildlife.
- 50 penalty units or 6 months imprisonment or both the fine and imprisonment and an additional penalty of 5 penalty units for every head of wildlife in respect of which an offence has been committed.
(2) Subsection (1) does not apply to a person—
(a) who holds a licence or authorisation that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on other protected wildlife, when that person is acting in accordance with the licence or authorisation; or
(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on other protected wildlife, when that person is acting in accordance with the order.
(3) In this section other protected wildlife means protected wildlife which is not threatened wildlife.
Section 47D Wildlife unlawfully taken
(1) A person must not have wildlife in his or her possession or control if that wildlife has been taken, destroyed, acquired, received, bought, sold, disposed of, kept, possessed, controlled, bred, processed or displayed in contravention of this Act or any corresponding law of another State or a Territory of the Commonwealth.
- 240 penalty units or 24 months imprisonment or both.
(2) It is a defence to a charge brought under subsection (1) against a person to prove that the person took reasonable steps to ascertain and reasonably believed that the wildlife was not unlawfully taken, destroyed, acquired, received, bought, sold, disposed of, kept, possessed, controlled, bred, processed or displayed.
Section 48 Offence for dogs or cats to attack etc. wildlife
(1) If a dog or cat rushes at, attacks, bites, worries or chases wildlife while at large on public land, the owner is guilty of an offence and liable, upon conviction, to a penalty of not more than 25 penalty units.
(2) Subsection (1) does not apply to dogs pursuing game birds or sambar deer in accordance with regulations made under this Act.
(3) An authorised officer may destroy any dog or cat found in circumstances in which the authorised officer reasonably believes that an offence under this section is being committed.
