WA Reptile Keeping Laws a breach of the Cth Privacy Act

[Laghairt]

The "They must like me thread" started by Solar17 got me thinking about a few things (before it was hijacked and went off the rails that is).

In that thread, pythoninfinite (Jamie) said that in WA wildlife officers can enter your house without a warrant. This is a disgraceful breach of keeper's privacy.

I have an good knowledge of Cth Privacy Act and there is no way these kind of powers would be granted to any Cth agency unless there were extremely good reasons (e.g. national security). I think the ATO is the only other agency that has these powers but they are rarely used from what I understand.

I also note that unlike NSW, WA doesn't have it's own legislation governing privacy which means they are constrained by the same Cth legislation as the rest of Australia.

Western Australian Consolidated Acts beginning with P ...

Can someone from WA point me to the relevant Act that grants wildlife officers these powers? I would like to read it for myself as I find it to be very strange that government officials responsible for reptile licensing would require these powers.

For a comparison, in NSW the only officials I am aware of who have the power to enter premises without a warrant are Corrective Services Officers charged with monitoring convicted criminals who are on parole or officers responsible for monitoring registered sex offenders. (There are probably more I'm not aware of but they are very limited).

Do WA reptile keepers deserve to be in the same category? Even convicted drug dealers etc (who aren't on parole) seem to have more rights to privacy than reptile keepers in WA.

Can anyone from WA give examples of how often they are inspected etc? I suspect that if this was ever legally tested, the WA wildlife officers would be stripped of their powers in an instant.

R

 

[DeadCricket]

I'm from QLD, so I'm not 100% sure on your laws, but are you sure you're not signing up for this scrutiny by signing up for your recreational license?

 

[Laghairt]

But then the Question is, should people have to sacrifice their privacy just because they want to legally keep a gecko?

 

[prettypython]

I'm from WA I've had my keepers licence for 5 years this march and never had an inspection. You are not allowed to keep reptiles in bedroom or bathroom as wildlife oficer can't enter these rooms. They won't just open your door while your not home.

If everything is legal there ie no worrys. I've never worried about an inspection as my animals and paper work are fine.

Like anyone if you treat people with respect they probally will treat you the same.

 

[Laghairt]

Yes very true but some people may have very good reasons to protect their privacy.

I think I found the relevant legislation if anyone is interested:

WILDLIFE CONSERVATION ACT 1950 - SECT 20

The key part is:

A wildlife officer who finds a person committing an offence against this Act or who on reasonable grounds suspects that an offence against this Act has been committed or is about to be committed may, without warrant other than the provisions of this section —

stop, detain and search any vehicle, vessel or conveyance or enter upon and search any land not being a dwelling house or enter and search any hut, tent, caravan or other erection, which is not a permanent residence, or enter and search any shop, warehouse, factory, bond store office or any other premises of whatever description ... in which the wildlife officer, on reasonable grounds, suspects there is any fauna or flora taken, in the commission of an offence against this Act, and to seize the fauna or flora, ... into the custody of a member of the Police Force, detaining or delivering to any person appointed in writing by the Minister for the purpose any fauna or flora or other thing so seized to be dealt with according to law.

Can anyone point me to the wording regarding bedrooms and bathrooms? My interpretation of the above is that wildlife officers are not permitted to enter a permanent residence without a warrant. Additionally, they would have to have a "reasonable" suspicion that an offence has been committed to enter any private property. To me, keeping reptiles on licence would not constitute a reasonable suspicion.

Edit
I've had a good look through the Act and I'm fairly confident that there is nothing in the legislation that gives the wildlife officers powers to enter a permanent residence without a warrant or that they are not permitted to enter a bedroom or bathroom. I can only assume that the latter must be conditions endorsed upon or attached to the license. Can anyone confirm?

If that is the case, WA keepers should be happy as it's much easier to lobby the government for a change in license conditions that it is to have legislation amended (particularly if the conditions are potentially unlawful). It would just need a directive from the minister or CEO.

 

[Snowman]

yeah it's a condition on our licenses that we allow inspections. One bloke had them rock up as he was getting ready for his brothers wedding. He showed them the invite to prove that he didn't have time to do it that day, but they insisted he be inspected then and there.

I had three DEC staff rock up and go through my reptile room checking every click clack, box and enclosure in sight for un-regisitered animals.

I've got nothing to hide, but the point is you get a license and you are treated like a criminal. You keep them off license and you never have a worry. It's absurd.
The other absurd thing is they are not allowed to inspect bedrooms and bathrooms. As these are considered private areas. Our license have a condition that we don't keep animals in these rooms. If I had illegal animals I'd simply keep them in my bedroom and they wouldn't know even if they inspected. Seems like a waste of time to me....

 

[prettypython]

Licence regulations for keeping a reptile the keeper may keep the species of fauna listed for their category of licence, subject to the conditions below. A keepers licence does not authorise the keeper to take any fauna from the wild.

1.
The licensee shall comply with the provisions of the wildlife conservation ace 1950, wildlife conservation regulations 1970 and wildlife conservation (reptile and amphibian keeping) regulations 2002 and any notices and schedules in force under this act and these regulations

2.the licensee must comply with all relevant local authority by-laws


3.quarterly returns shall be submitted to this department so as to be received with fifteen (15) days of each quarterly period and shall list details of all fauna purchased, sold, born or died. Returns shall be marked to the attention of the wildlife licensing (pet, reptile and amphibian) officer. If no transactions, births or deaths have occurred a return must still be submitted

4.the licensee shall at all times provide adequate and appropriate care in accordance with animal care sheet specifications

5.the licensee shall ensure that the fauna are kept under secure (locked for category 5 species) confinement at all times in accordance with animal care sheet specifications

6.the fauna shall not be kept in the bedrooms or bathrooms of the licensee’s dwelling premises.



8.no fauna kept under the provisions of this licence is to be released into the wild.


9.no species or subspecies kept under the provisions of the licence is to be allowed to interbreed under any circumstances

10.if any animal under the licence dies or is lost, the licensee must inform the wildlife licensing officer in writing of the species type/name, identification number, time, date and cause of death or loss within 72 hours. Dead fauna are to be individually tagged or labeled with identification &/or specimen number and preserved in alcohol or frozen as soon as possible after death. They are to be kept by the licensee until advised by the department of disposal options

11.no fauna held under the licence is to be disposed of until at least three (3) months from the date of purchase or the birth of the fauna.


.
12.all fauna held under the licence shall only be held at the premises listed on the licence, except when being treated by a registered veterinary surgeon, or enroute to a licensed reptile and amphibian dealer a licensed reptile and amphibian farmer, or as otherwise authorised by the executive director

13.no live vertebrate animals are to be used as food for pet herpetofauna held under the licence

14.not withstanding condition 12, any fauna held under the licence shall be disposed of only to a licensed reptile and amphibian dealer

15.the licensee may sell to a licensed dealer no more than one clutch bred from any species on this licence in any calender year. If the licensee wish to sell more than one clutch from any species in anyu calender year, he/she must first apply for and obtain a licence to farm reptiles and amphibians as pets.

16.the licensee shall record details (in duplicate) of all transactions, births, deaths or escapes of all fauna held on the licence on the approved record sheet as they occur, and shall submit one copy as per condition 3 and retain the duplicate, and make the duplicate available to a wildlife officer on demand

17.licensees are to comply with any lawful instructions made by a wildlife officer at all times.

18.the licensee must, when requested to do so by an authorised wildlife officer, allow the wildlife officer to inspect any pet herpetofauna to which this licence relates, and to inspect the property where the herpetofauna is kept

 

[Laghairt]

Couldn't agree more, I feel for you guys over there.

the point is you get a license and you are treated like a criminal. You keep them off license and you never have a worry. It's absurd.
The other absurd thing is they are not allowed to inspect bedrooms and bathrooms. As these are considered private areas. Our license have a condition that we don't keep animals in these rooms. If I had illegal animals I'd simply keep them in my bedroom and they wouldn't know even if they inspected. Seems like a waste of time to me....

OK thanks for the response. Number 18 is outrageous, especially since it was some bureaucrat who decided that wildlife officers need such extensive powers. It isn't written into the legislation because it would never have got through parliament and they know it. They have found a loophole to make it legal and exploited it.

The good thing is that they (rightfully) don't appear to have any powers to force entry; however refusing them entry would still be an offence under the Act.

18.the licensee must, when requested to do so by an authorised wildlife officer, allow the wildlife officer to inspect any pet herpetofauna to which this licence relates, and to inspect the property where the herpetofauna is kept

 

[winny111]

The thing that annoys me is that you do not get a copy of the rules when you apply for your licence. last time I looked there was not even a list of the rules on the DEC website. The first I heard that they could enter my house was after I had applied and recieved my licence. The conditiond or rules are only printed on your licence. Correct me please someone if this is not correct. I do think it is something that the people of WA should ask to have removed from our conditions of licence.

 

[Snowman]

The thing that annoys me is that you do not get a copy of the rules when you apply for your licence. last time I looked there was not even a list of the rules on the DEC website. The first I heard that they could enter my house was after I had applied and recieved my licence. The conditiond or rules are only printed on your licence. Correct me please someone if this is not correct. I do think it is something that the people of WA should ask to have removed from our conditions of licence.

This is very true!

 

[Laghairt]

I'm assuming that's after you pay your licensing fee? If that's the case it is unlawful and you would be entitled to a refund.

I would like to see the WA government's justification for it's officers to have their powers.

The thing that annoys me is that you do not get a copy of the rules when you apply for your licence. last time I looked there was not even a list of the rules on the DEC website. The first I heard that they could enter my house was after I had applied and recieved my licence. The conditiond or rules are only printed on your licence. Correct me please someone if this is not correct. I do think it is something that the people of WA should ask to have removed from our conditions of licence.

 

[junglepython2]

Do they have right of entry for gun inspections?