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11 1930

GAME PRESERVATION ACT, 1930

PART II.

Restrictions on the Sale and Purchase of Game.

Prohibition of sale of game without licence.

20. —(1) No person shall sell, expose for sale or keep for sale any game without being duly licensed under this Act so to sell the same or at any place where he is not authorised by his licence to sell the same.

(2) Any person who shall, after the expiration of two months from the commencement of this Act, sell, expose for sale or keep for sale any game in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(3) Any person who shall, after the expiration of two months from the commencement of this Act, buy any game from any person whom he knows or has reason to believe to be selling the same in contravention of this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) This section shall not apply to the holder of a firearm certificate the excise duty on which is two pounds selling game either lawfully killed by himself on his own land or land over which he had the right of shooting game or on any such land with his permission by another holder of a firearm certificate the excise duty on which is two pounds, nor shall this section prohibit the disposal by sale or otherwise of hares killed at coursing matches.

Issue of game dealers' licences.

21. —(1) A Justice of the District Court upon an application being made to him by any person and upon payment by such person of the fee required by law may, subject to the provisions of this section, issue to such person a licence (in this Act referred to as a game dealer's licence) for the sale of game at such place or places within the district of such Justice as shall be specified by the applicant and may, in like manner and subject as aforesaid, from time to time renew any such licence issued by him unless the same has been terminated under this Act.

(2) Every application for the issue or renewal of a game dealer's licence shall be made in writing and shall be in the prescribed form and contain the prescribed particulars, and, in the case of an application for a renewal of a licence, shall be made within fourteen days before or within one month after the expiration of the licence or the last renewal thereof, as the case may be.

(3) Before granting a game dealer's licence under this section the Justice shall be satisfied that:—

(a) the applicant for such licence is a fit and proper person to receive and hold such licence, and

(b) the premises in which such applicant proposes to carry on the business of selling game are suitable for the carrying on of such business, and

(c) having regard to the nature of the business heretofore carried on by such applicant, such applicant reasonably requires such licence.

Form, effect and duration of game dealers' licences.

22. —(1) Every game dealer's licence and every renewal of any such licence shall be in the prescribed form and while the same remains in force shall operate to authorise the person named in the licence to sell game and to expose and keep game for sale at the place or places specified in such licence.

(2) Every game dealer's licence shall terminate on the death of the holder thereof or on revocation under this Act by a Justice of the District Court and may be terminated by surrender by the holder thereof.

(3) Every game dealer's licence shall (unless it is previously terminated) continue in force for one year only from the date on which it was issued, and every renewal of any such licence shall (unless it is previously terminated) continue in force for one year only from the date on which such licence or the next previous renewal thereof (as the case may be) expired.

Revocation of game dealer's licences.

23. —(1) Upon the conviction for an offence under this Act of the holder of a game dealer's licence, the Justice of the District Court before whom, such holder is so convicted may revoke such licence and such revocation shall be in addition to any other punishment imposed by such Justice under this Act in respect of such offence.

(2) Where the holder of a game dealer's licence who has been convicted of an offence under this Act is, within a period of three years from the date of such conviction, again convicted of an offence under this Act (whether of the same or of a different character) the Justice of the District Court before whom such holder is so again convicted may, if he revokes such licence under this section, also declare such holder to be incapable of holding a game dealer's licence during such period not exceeding five years as the Justice shall specify, and when such declaration is so made such holder shall be incapable of holding a game dealer's licence during the period so specified.

Publication of game dealers' licences.

24. —(1) Every holder of a game dealer's licence shall keep such licence or the last renewal thereof (as the case may require) displayed prominently in the place or one of the places to which such licence relates during business hours and, when such licence relates to more than one place, shall keep a copy of such licence or renewal so displayed in all such places other than the place in which such licence or renewal is so displayed.

(2) Every holder of a game dealer's licence who fails to keep such licence or the last renewal thereof or a copy of such licence or renewal (as the case may require) displayed in accordance with this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(3) Lists of persons holding game dealer's licences shall be published at such times and places and in such manner and form as the Minister shall from time to time direct.

Register to be kept by holder of game dealers' licence.

25. —(1) It shall be the duty of every holder of a game dealer's licence to keep or cause to be kept in every of the premises specified in such licence a register in the prescribed form of all purchases and receipts of game at or for sale on such premises and of all sales, disposals, and removals of game made on or from such premises and within six hours after any such purchase or receipt and within three hours after any such sale, disposal, or removal to enter in such register the prescribed particulars of such purchase, receipt, sale, disposal, or removal (as the case may be) and of the person from whom the same was purchased or received or to whom the same was sold or disposed of or the place to which the same was removed (as the case may require).

(2) The prescribed particulars referred to in the foregoing sub-section shall not include the price paid by the holder of the licence or renewal for any game purchased, received or sold by him but shall include, in the case of game purchased or received from a person who is the holder of a firearm certificate the excise duty in respect of which is two pounds and is not the holder of a game dealer's licence, the number of such firearm certificate.

(3) Every register kept in pursuance of this section may at any time during which the premises to which the register relates are open for the carrying on of business be inspected by any person authorised in that behalf by the Minister or by any member of the Gárda Síochána, and it shall be the duty of the holder of the game dealer's licence in respect of such premises and of every person keeping such register to produce for the inspection of such authorised person or member as aforesaid on demand such register and also all invoices, consignment notes, receipts, or other documents (including copies thereof where the originals are not available) reasonably demanded by such person or member for the purpose of verifying any entry in or explaining any omission from such register.

(4) If any holder of a game dealer's licence—

(a) fails to keep or cause to be kept such register as is required by this section, or

(b) fails to make or cause to be made in such register within the time hereinbefore mentioned any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced on the demand of any person entitled under this section to inspect the same, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any person entitled under this section to inspect any register, document, or copy of a document in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds.

(5) For the purposes of this section—

(a) inspection of a register or document shall include taking copies thereof or extracts therefrom, and

(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the holder of a game dealer's licence if such demand is made verbally on the premises to which such licence relates to a person in the employment of such licence holder, and

(c) a refusal or failure to produce a register or other document for inspection if made or committed on premises to which, a game dealer's licence relates by a person in the employment of the holder of such licence shall be deemed to have been made or committed by such licence holder.

Purchase of game from unlicensed persons.

26. —(1) Every person who shall, after the expiration of two months from the commencement of this Act, purchase any game from any person who is neither the holder of a game dealer's licence nor the holder of a firearm certificate the excise duty in respect of which is two pounds, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(2) This section shall not apply to a responsible officer of a recognised coursing club purchasing hares under an authority in that behalf conferred by this Act.

Prohibition against exportation of certain game birds.

27. —(1) It shall not be lawful for any person, save with the permission in writing of the superintendent of the Gárda Síochána for the district in which such person resides and in accordance with the terms of such permission, to export any partridge, pheasant or grouse during the period of two years from and after the commencement of this Act or during any extension of that period made by the Minister under this section.

(2) The Minister may if he so thinks fit at any time and from time to time by order extend by such time as he thinks proper the said period of two years mentioned in the foregoing sub-section and may at any time by order vary, amend or revoke any such order.

(3) Every order made by the Minister under this section extending the said period of two years shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after the order is laid before it annulling such order such order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4) Every permission given under this section for the exporting of any partridge, pheasant, or grouse shall be in writing in the prescribed form and shall be given in duplicate and one such duplicate shall be retained by the exporter and the other such duplicate shall be affixed by the exporter to the box, case, or wrapping in which the partridge, pheasant or grouse the subject of such permission is exported.

(5) Any officer of Customs and Excise may detain and seize any partridge, grouse or pheasant being or attempted to be exported in contravention of this section and for that purpose may open any packet containing or suspected by him of containing any such partridge, grouse or pheasant, and the provisions of the Customs Consolidation Act, 1876, in relation to the condemnation and disposal of goods seized under that Act shall apply to all partridges, grouse and pheasants seized under this Act in like manner as if they had been seized under that Act.

(6) This section shall have effect as though it were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any articles the export of which is prohibited by this section are exported in contravention of this section or are brought to any quay or other place for the purpose of being so exported or are waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of that Act for illegally importing prohibited goods.

(7) Any officer of the Minister for Posts and Telegraphs may detain and examine and if necessary open for that purpose any postal packet addressed to a place outside Saorstát Eireann and containing or suspected by him of containing any partridge, grouse or pheasant being or attempted to be exported in contravention of this section, and if a postal packet so detained contains any such partridge, grouse or pheasant, the officers of the said Minister shall dispose of such packet and its contents in accordance with the instructions of the Minister for Justice or a superintendent of the Gárda Síochána.