There has been much conjecture over recent weeks regarding the sale of non-licensed wildlife sales at our Expo's and other Sales.
On investigating this by reading through the Regulations & Act, with some heads up from David White [MPAS] it was ascertained that in the Wildlife Regulations 2013 section 49 parts 1 to 8 deals with these scenarios and in effect exempt sellers of these birds from penalties in Section 47 [Acquiring etc protected wildlife] of the Wildlife Act 1975.
It is complicated to read but in essence means that any captive bred non-licensed wildlife can be sold/bought anywhere at any time.
Additionally, Jennifer Cane [Senior Policy Manager, Wildlife Licensing, DELWP] was asked to provide details on where the department stood on this question, her response has been:
'The amnesty does not refer to the sale of non- licensed wildlife as both the Wildlife Act 1975 (the Act) and the Wildlife Regulations 2013 (the regulations) already provide appropriate exemptions.
Section 47A of the Act provides, among other things , that offences relating to the selling of wildlife by a person without a licence or authorisation do not apply to any person exempted by the regulations.
Regulation 49 of regulations provides, among other things, an exemption for wildlife listed in Part A Schedule 4. This schedule includes a number of species of birds.'
This information has been authorised by the departments legal team.