Enforcement actions
Game Officers are Authorised Officers. Game Officers have a range of different enforcement options to take action against offenders and to encourage compliance.
When an offence is detected, Game Officers may issue:
- Verbal and Official Warnings
- Infringement Notice
- Banning Notice
- Exclusion Order
- Court Prosecutions (penalties assigned by court)
- Cancellation or suspension of Game Licence or Permits
- Apply to have Firearms licence cancelled
Failure to comply with a lawful request from a Game Officer or the commission of any offence, may result in an Authorised Officer executing their legislated powers including: :
- Arrest and attendance at a Police Station
- Charge and summons to appear before a court
- Placed under bail conditions
- Seizure of vehicles, vessels and any equipment used in the commission of the offence
Investigating alleged offences
All allegations of illegal behaviour that are provided to the GMA are assessed and reviewed.
As part of this process, the GMA may consult with Prosecution Services, independent agencies and subject matter experts to assess allegations.
Detecting offences and gathering evidence can require a thorough and comprehensive investigation.
If Game Officers detect an offence, they can immediately commence an investigation.
If an investigation has sufficient evidence, regulatory action will commence.
Decision to prosecute
Prosecution Services reviews briefs of evidence compiled by the GMA to determine if a prosecution should commence.
Prosecution Services will only commence a prosecution if:
- there is a reasonable prospect of a conviction and
- a prosecution is in the public interest.
Prosecution Services issues the charges and conducts the prosecution on behalf of GMA.
Reviewing enforcement actions
A person who has received an Infringement Notice may request a review.
The reasons to seek a review are:
- there was an error of law
- there was evidence of mistaken identity
- there were special circumstances such as serious personal issues, disorders or difficulties
- there were exceptional circumstances which would excuse the conduct for which the infringement notice was issued
How to request a review
To apply for a review of an Infringement Notice, visit Fines Victoria. Once an application has been submitted, the fine will be put on hold until the matter is reviewed. Applicants will be notified of the outcome.
The request will be reviewed within 90 days of receiving the application. In some cases, the GMA may request additional information to support the application, which may extend the review period. If additional information is not provided upon request, the application may be reviewed based on the information available.
If an application is successful, depending on the grounds it was applied under, the GMA may decide to:
- withdraw the fine and take no further action against you
- withdraw the fine and issue an official warning instead
- refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
- approve a payment arrangement
- waive or vary any fees associated with the fine
- waive or vary any additional steps imposed by the fine
- confirm the decision to issue you with the fine.
If the application is not successful, a notice will be sent by mail to confirm:
- the decision
- how much you need to pay
- when you need to pay by
- any other options available to you.
If an application is unsuccessful, people can apply to have the matter heard in the Magistrates' Court.
For more information visit Fines Victoria.
A person who has received an Banning Notice may request a review of the decision.
The reasons to seek a review are:
- the Authorised Officer that issued you with the Banning Notice did not provide evidence of their identity
- a Police Officer did not provide evidence of their identity (unless they are in uniform)
- you have already received a Banning Notice for the same offence in the same specified hunting area
- the period specified in the Banning Notice exceeds the remaining period of the open season for duck
- the Authorised Officer or Police Office could not suspect on reasonable grounds that an offence had been committed for either entering or remaining in a specified hunting area, approaching a person who is hunting or interfering and obstructing a person that is hunting. For more information on these offences, visit Public Safety on Wetlands.
How to request a review
To apply for a review of a Banning Notice, send the request in writing to:
Director, Compliance and Intelligence
Game Management Authority
GPO Box 424
MELBOURNE VIC 3001
Or via email: director.compliance@gma.vic.gov.au
The review of a Banning Notice will be conducted by the GMA. All applicants will be informed of the outcome of the review.
Your request will be reviewed within 60 days of receiving your application. In some cases, the GMA may request additional information to support the application, which may extend the review period. If additional information is not provided upon request, the application may be reviewed based on the information available.
If your application is successful, depending on the grounds you applied under, we may decide to:
*withdraw the Banning Noice and take no further action against you
*confirm the decision to issue you with a Banning Notice.
Page last updated: 03 Oct 2024