22 Shooting of game not in flight prohibited
  • (1) Except as provided in subsection (1A), every person who shoots at or attempts to shoot at any game bird not in flight commits an offence against this Act and is liable to the penalty set out in section 67E(3).

    (1A) No person commits an offence under subsection (1)—

    • (a) who shoots at or attempts to shoot at any game bird already wounded by shooting:

    • (b) where that person was acting in accordance with any authorisation under sections 53 or 54:

    • (c) where that person was acting in accordance with any notification given by the Minister.

    (2) For the purposes of this section—

    • (a) a bird shall be deemed to be not in flight at any time when it is alighting on or rising from any water or land or any vegetation or structure in or on any water or on any land and any part of the bird is in contact with the water or land or vegetation or structure:

    • (b) subject to paragraph (a), a bird shall be deemed to be in flight at all times when it is airborne, including times when it is soaring or banking or swooping, and whether its wings are in motion or not.

    Section 22(1): replaced, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 22(1A): inserted, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).