131Offences in relation to homekill and recreational catch

1. A person commits an offence against this Act who—

2. being both a homekill or recreational catch service provider and also a person who for reward or purposes of trade processes or trades in regulated animal products for human or animal consumption, operates those 2 activities at the same premises or place, other than as a dual operator butcher; or
3. exports any animal material or product for human or animal consumption knowing that the animal material or product—
   1. is homekill or recreational catch product (not being homekill or recreational catch product that is exported for his or her own use by the person whose homekill or recreational catch it was); or
   2. is derived from a dual operator butcher, or from an animal product business operating in the same premises or place both as a homekill or recreational catch service provider and as a trader in, or processor for reward or purposes of trade of, regulated animal product for human or animal consumption; or
4. being a homekill or recreational catch service provider, kills or processes an animal as homekill, or receives an animal for killing or processing as homekill, knowing that the person presenting the animal has not been actively involved in the day-to-day maintenance of the animal.

5. A person commits an offence against this Act who—

6. operates for reward as if they were a homekill or recreational catch service provider without being currently listed as such under section 76; or
7. operates a property as a game estate of a kind that section 65D requires to be listed as a game estate under Part 5A, unless the property is listed as a game estate under section 65H; or
8. being the owner or person in charge of an animal, engages for reward as a homekill or recreational catch service provider in respect of that animal a person who, to the owner's or person's knowledge, is not currently listed as a homekill or recreational catch service provider under section 76; or
9. being the owner of an animal who has not been engaged in its day-to-day maintenance, or the day-to-day maintenance of other animals of the same kind, for a period of at least 28 days immediately preceding its killing, kills and processes that animal at any place other than his or her own property (as defined in section 67(4)), other than for humane purposes; or
10. provides facilities for any person to kill or process an animal for human or animal consumption, otherwise than in accordance with Parts 2 to 4, knowing that the person has not been engaged in the day-to-day maintenance of the animal, or of other animals of the same kind, for at least 28 days immediately preceding the killing of the animal, unless—
    1. the person providing the facilities is a game estate operator or the owner of the place where the animal is taken or landed as recreational catch; or
    2. the facilities are provided for humane purposes; or
11. being a dual operator butcher, kills an animal that is homekill or recreational catch at any premises or place where regulated animal product is processed or traded; or
12. sells or attempts to sell any animal material or product for human or animal consumption that was processed as homekill or recreational catch product and not in accordance with the requirements of Parts 2 to 4 (except as permitted by sections 67(2)(b)(ii), 68(2)(b)(ii), and 69); or
13. presents an animal to a homekill or recreational service provider for killing or processing as homekill when the person is not an owner of the animal who has been actively involved in the day-to-day maintenance of the animal, or of other animals of the same kind, for a period of at least 28 days immediately preceding the presentation of the animal.

14. Repealed

15. A person who commits an offence against subsection (1) is liable on conviction—

16. in the case of a body corporate, to a fine not exceeding $500,000:
17. in the case of an individual, to imprisonment for a term not exceeding 2 years and a fine not exceeding $100,000.

18. A person who commits an offence against subsection (2) is liable on conviction—

19. in the case of a body corporate, to a fine not exceeding $300,000:
20. in the case of an individual, to a fine not exceeding $75,000.

21. Where in any proceedings for an offence under this section knowledge on the part of the defendant is an essential element of the offence with which the defendant is charged, that knowledge is to be presumed until the contrary is proven.