(a) declare the municipal district of the S. 50A(3)(a) amended by municipal council or any part thereof to be a No. 12/1989 s. 4(1)(Sch. 2 district to which this section applies; and item 115.10). (b) revoke or vary any such proclamation. (4) The Governor in Council may by proclamation published in the Government Gazette— (a) declare an area that is not part of a municipal S. 50A(4)(a) amended by district to be an area to which this section No. 12/1989 applies; and s. 4(1)(Sch. 2 item 115.11). (b) revoke or vary any such proclamation. S. 50A(5) (5) Any person who within any district specified by amended by proclamation made under this section and during No. 9554 the fire danger period within the meaning of the s. 2(2)(Sch. 2 item 338). Country Fire Authority Act 1958 engages in or enters with the intention of ferreting on any land which is used in connexion with primary production without the consent, express or implied, of the occupier of that land or of some person apparently authorized to act on behalf of such occupier shall be guilty of an offence against this section and liable for a first offence to a penalty of not more than 1 penalty unit and for a second or subsequent offence to a penalty of not more than 5 penalty units. (6) It shall be a defence to a prosecution for an S. 50A(6) amended by offence against subsection (5) if the accused No. 68/2009 satisfies the court that he did not actually engage s. 97(Sch. item 115.13). in ferreting on that land but was approaching the residence of the occupier of the land along a defined or customary path for the purpose of applying for such consent.
S. 50A(3)(a) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.10). (a) declare the municipal district of the municipal council or any part thereof to be a district to which this section applies; and (b) revoke or vary any such proclamation. (4) The Governor in Council may by proclamation published in the Government Gazette— S. 50A(4)(a) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.11). (a) declare an area that is not part of a municipal district to be an area to which this section applies; and (b) revoke or vary any such proclamation. S. 50A(5) amended by No. 9554 s. 2(2)(Sch. 2 item 338). (5) Any person who within any district specified by proclamation made under this section and during the fire danger period within the meaning of the Country Fire Authority Act 1958 engages in or enters with the intention of ferreting on any land which is used in connexion with primary production without the consent, express or implied, of the occupier of that land or of some person apparently authorized to act on behalf of such occupier shall be guilty of an offence against this section and liable for a first offence to a penalty of not more than 1 penalty unit and for a second or subsequent offence to a penalty of not more than 5 penalty units. S. 50A(6) amended by No. 68/2009 s. 97(Sch. item 115.13). (6) It shall be a defence to a prosecution for an offence against subsection (5) if the accused satisfies the court that he did not actually engage in ferreting on that land but was approaching the residence of the occupier of the land along a defined or customary path for the purpose of applying for such consent.
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