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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
As read a third
time
Environment
Protection and Biodiversity Conservation Amendment (Wildlife Protection) Bill
2001
No. ,
2001
A Bill for an Act to amend
the Environment Protection and Biodiversity Conservation Act 1999, and
for other purposes
ISBN: 0642 459657
Contents
Part 1—Amendments relating to
wildlife 3
Part 2—Transitional provisions relating to
wildlife 105
Part 3—Other
amendments 117
Wildlife Protection (Regulation of Exports and Imports) Act
1982 125
Biological Control Act
1984 126
THIS bill originated in the Senate; and, having this day passed, is now
ready for presentation to the House of Representatives for its
concurrence.
HARRY EVANS
Clerk of the Senate
The Senate
20 June 2001
A Bill for an Act to amend the Environment Protection
and Biodiversity Conservation Act 1999, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Environment Protection and Biodiversity
Conservation Amendment (Wildlife Protection) Act 2001.
(1) The following provisions of this Act commence on the day on which this
Act receives the Royal Assent:
(a) sections 1, 2 and 3; and
(b) Part 3 of Schedule 1.
(2) The remaining provisions of this Act commence on a day to be fixed by
Proclamation.
(3) If the remaining provisions of this Act do not commence under
subsection (2) within the period of 6 months beginning on the day on which
this Act receives the Royal Assent, they commence on the first day after the end
of that period.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Part 1—Amendments
relating to wildlife
1A After paragraph
160(2)(c)
Insert:
(ca) the declaration that a specified wildlife trade operation (other than
an operation mentioned in paragraph 303FN(10)(d)) is an approved wildlife trade
operation for the purposes of section 303FN where the operation is likely to
have a significant impact on the environment; and
(cb) the declaration that a specified plan is an approved wildlife trade
management plan for the purposes of section 303FO where the activities covered
by the plan are likely to have a significant impact on the environment;
and
(cc) the declaration that a specified plan is an accredited wildlife trade
management plan for the purposes of section 303FP where the activities covered
by the plan are likely to have a significant impact on the environment;
and
1B After subsection 160(2)
Insert:
(2AA) To avoid doubt, this Division applies to paragraphs (2)(ca) to (cc)
as if:
(a) the authorisation referred to in subsection (1) is the decision to
make the relevant declaration; and
(b) the action referred to in subsection (1) is the carrying out of the
wildlife trade operation or the carrying out of the activities under the
management plan (as the case may be).
1 Subsection 224(2)
After “this Division”, insert “(other than an
export/import provision)”.
2 At the end of
section 224
Add:
(4) In this section:
export/import provision means:
(a) section 232A; or
(b) section 232B; or
(c) any other provision of this Division, in so far as that provision
relates to section 232A or 232B.
3 Subdivision D of Division 3 of
Part 13 (heading)
Repeal the heading, substitute:
4 Before section 233
Insert:
(1) Subject to section 235, a person is guilty of an offence if the
person exports:
(a) a cetacean; or
(b) a part of a cetacean; or
(c) a product derived from a cetacean.
(2) An offence against this section is punishable on conviction by
imprisonment for not more than 10 years or a fine not exceeding 1,000 penalty
units, or both.
(1) Subject to section 235, a person is guilty of an offence if the
person imports:
(a) a cetacean; or
(b) a part of a cetacean; or
(c) a product derived from a cetacean.
(2) An offence against this section is punishable on conviction by
imprisonment for not more than 10 years or a fine not exceeding 1,000 penalty
units, or both.
5 Paragraph 233(1)(b)
After “cetacean”, insert “, part or product, as the case
may be,”.
6 Subsection 233(2)
Omit “2 years”, substitute “5 years”.
7 Subsection 234(2)
Omit “2 years”, substitute “5 years”.
8 Section 235
Omit “233”, substitute “232A, 232B, 233”.
Note: The heading to section 235 is altered by omitting
“233” and substituting “232A, 232B,
233”.
9 Subsection 238(2)
After “230,”, insert “232A, 232B,”.
10 At the end of subsection
238(3)
Add:
; or (d) all of the following subparagraphs apply:
(i) the specified action is the export of a part of a cetacean;
(ii) the export of the part is an export that, under the regulations, is
taken to be an export of a personal item;
(iii) the export of the part will not be detrimental to the conservation
of cetaceans;
(iv) the export of the part is not for commercial purposes; or
(e) all of the following subparagraphs apply:
(i) the specified action is the import of a part of a cetacean;
(ii) the import of the part is an import that, under the regulations, is
taken to be an import of a personal item;
(iii) the import of the part will not be detrimental to the conservation
of cetaceans;
(iv) the import of the part is not for commercial purposes.
10A After subsection 238(4)
Insert:
(4A) Regulations made for the purpose of subparagraph (3)(d)(ii) or
(3)(e)(ii) must not prescribe scrimshaw or any other product of commercial or
scientific whaling as a part of a cetacean taken to be a personal item for the
purpose of export or import.
10B Subsection 266A(1)
After “Division 1, 2, 3 or 4”, insert “or Part
13A”.
11 After Part 13
Insert:
(1) The objects of this Part are as follows:
(a) to ensure that Australia complies with its obligations under CITES and
the Biodiversity Convention;
(b) to protect wildlife that may be adversely affected by trade;
(c) to promote the conservation of biodiversity in Australia and other
countries;
(d) to ensure that any commercial utilisation of Australian native
wildlife for the purposes of export is managed in an ecologically sustainable
way;
(e) to promote the humane treatment of wildlife;
(f) to ensure ethical conduct during any research associated with the
utilisation of wildlife;
(g) to ensure the humane treatment of individual animals involved in the
international movement of wildlife specimens;
(h) to ensure that the precautionary principle is taken into account
during decisions relating to the utilisation of wildlife.
Note: CITES means the Convention on International Trade in
Endangered Species—see section 528.
(2) In order to achieve its objects, this Part includes special provisions
to conserve the biodiversity of Australian native wildlife.
To avoid doubt, nothing in this Part affects the existence and operation
of the inherent traditional rights of indigenous peoples with respect to the
ownership of native plants and wildlife and knowledge of their uses.
The following is a simplified outline of this Part:
• This Part sets up a system for regulating the international
movement of wildlife specimens.
• A CITES specimen is a specimen of a species included
in Appendix I, II or III to the Convention on International Trade in Endangered
Species (CITES).
• It is an offence to export or import a CITES specimen
unless:
(a) the exporter or importer holds a permit; or
(b) an exemption applies.
• A regulated native specimen is a specimen of a native
species subject to export control under this Part.
• It is an offence to export a regulated native
specimen unless:
(a) the exporter holds a permit; or
(b) an exemption applies.
• A regulated live specimen is a live specimen of a
species subject to import control under this Part.
• It is an offence to import a regulated live specimen
unless the importer holds a permit.
• It is an offence to possess a specimen that was imported in
contravention of this Part.
In this Part, unless the contrary intention appears:
bear product means any product derived from, or any part of,
a member of the family Ursidae.
cat product means any product derived from, or any part of, a
member of the family Felidae, other than a member of the species Felis
catus.
eligible listed threatened species means a listed threatened
species other than a species in the conservation dependent category.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
export means:
(a) export from Australia or from an external Territory; or
(b) export from the sea;
but does not include:
(c) export from Australia to an external Territory; or
(d) export from an external Territory to Australia; or
(e) export from an external Territory to another external
Territory.
export from the sea, in relation to a specimen, means take in
a Commonwealth marine area and then take out of that area to another country
without bringing into Australia or into an external Territory.
import means:
(a) import into Australia or into an external Territory; or
(b) import by way of introduction from the sea;
but does not include:
(c) import into Australia from an external Territory; or
(d) import into an external Territory from Australia; or
(e) import into an external Territory from another external
Territory.
import by way of introduction from the sea, in relation to a
specimen, means take in the marine environment not under the jurisdiction of any
country and then bring into Australia or into an external Territory without
having been imported into any other country.
listed migratory bird means a migrating bird included in the
list established under section 209.
marine environment means the sea, and includes:
(a) the air space above the sea; and
(b) the seabed and subsoil beneath the sea.
recipient means:
(a) in relation to a specimen that is exported—the person in the
country to which the specimen is exported who is to have the care and custody of
the specimen after the export; and
(b) in relation to a specimen that is imported into Australia or into an
external Territory—the person in Australia or that Territory, as the case
may be, who is to have the care and custody of the specimen after the
import.
relevant CITES authority, in relation to a country,
means:
(a) if the country is a party to CITES—a Management Authority of
that country; or
(b) if the country is not a party to CITES—a competent authority of
that country within the meaning of Article X of CITES.
sender, in relation to a specimen that is imported into
Australia or an external Territory, means the person in the country from which
the specimen is imported who exports it from that country to Australia or to
that Territory, as the case may be.
take includes:
(a) in relation to an animal—harvest, catch, capture, trap and kill;
and
(b) in relation to a plant specimen—harvest, pick, gather and
cut.
trade means trade within the ordinary meaning of that
expression.
Note: See also section 528.
trophy has the meaning given by the regulations.
(1) The Minister must, by instrument published in the Gazette,
establish a list of CITES species for the purposes of this Act.
(2) The Minister must ensure that the list is established on the
commencement of this section.
Note: See section 4 of the Acts Interpretation Act
1901.
(3) The list must include all species from time to time included in any of
Appendices I, II and III to CITES. The list must not include any other
species.
(4) For each species included in the list, there is to be a
notation:
(a) describing the specimens belonging to that species that are included
in a particular Appendix to CITES; and
(b) identifying the Appendix in which the species is included;
and
(c) identifying the date on which the provisions of CITES first applied to
the specimens.
(5) A description mentioned in paragraph (4)(a):
(a) may cover all specimens that belong to the species; or
(b) may cover specified kinds of specimens that belong to the species;
or
(c) may state that the inclusion of a specimen in a particular Appendix to
CITES is subject to restrictions or conditions.
(6) A restriction or condition mentioned in paragraph (5)(c)
may:
(a) impose a quantitative limit in relation to the export or import of a
specimen; or
(b) relate to the imposition of a quota in relation to the export or
import of specimens; or
(c) relate to a particular population of a species; or
(d) reflect any other restriction or condition set out in the relevant
Appendix to CITES.
(7) Subsection (6) does not limit paragraph (5)(c).
(8) A notation in the list is to be consistent with CITES.
(9) The Minister may, by instrument published in the
Gazette:
(a) correct an inaccuracy or update the name of a species; or
(b) amend the list, as necessary, so that it includes all species required
to be included in the list under subsection (3); or
(c) amend the list, as necessary, so that the notations in the list are
consistent with CITES.
(10) A copy of an instrument under subsection (1) or (9) is to be
made available for inspection on the Internet.
(11) For the purposes of this section, it is to be assumed that the
definition of specimen in CITES includes a reference to a thing
that is a specimen for the purposes of this Act.
Note: See also section 303CB.
(1) The Minister may, by instrument published in the Gazette,
declare that the list referred to in section 303CA has effect as if it were
modified as set out in the declaration.
Note: For variation and revocation, see subsection 33(3) of
the Acts Interpretation Act 1901.
(2) The Minister must not make a declaration under subsection (1)
unless:
(a) the modification has the effect of treating a specified specimen that
is included in Appendix II to CITES as if the specimen were included in Appendix
I to CITES; or
(b) the modification has the effect of broadening the range of specimens
included in a specified Appendix to CITES in relation to a specified species;
or
(c) the modification has the effect of decreasing a quantitative limit in
relation to the export or import of a specimen; or
(d) the modification has the effect of treating a specified specimen that
is not included in Appendix I, II or III to CITES as if the specimen were
included in Appendix I to CITES; or
(e) the modification has the effect of treating a specified specimen that
is not included in Appendix I, II or III to CITES as if the specimen were
included in Appendix II to CITES.
(4) A copy of an instrument under subsection (1) is to be made
available for inspection on the Internet.
(5) A reference in this Act to the list referred to in
section 303CA is a reference to that list as modified under this
section.
(1) A person is guilty of an offence if:
(a) the person exports a specimen; and
(b) the specimen is a CITES specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
Authorised export—permit
(2) Subsection (1) does not apply if the specimen is exported in
accordance with a permit that was issued under section 303CG, 303GB or
303GC and is in force.
Authorised export—CITES exemptions
(3) Subsection (1) does not apply if the export of the specimen is an
export that, in accordance with a determination made by the Minister under the
regulations, is taken to be part of a registered, non-commercial exchange of
scientific specimens between scientific organisations.
(4) Subsection (1) does not apply if the Minister issues a
certificate under subsection (5) in relation to the specimen.
(5) If the Minister is satisfied that a specimen was acquired before the
provisions of CITES applied to the specimen, the Minister may issue a
certificate to that effect.
(6) Subsection (1) does not apply if the export of the specimen is an
export that, under the regulations, is taken to be an export of a personal or
household effect.
Note 1: See paragraph 3 of Article VII of
CITES.
Note 2: The defendant bears an evidential burden in relation
to the matters in subsections (2), (3), (4) and (6) (see subsection 13.3(3)
of the Criminal Code).
(1) A person is guilty of an offence if:
(a) the person imports a specimen; and
(b) the specimen is a CITES specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
Authorised import—permit
(2) Subsection (1) does not apply if the specimen is imported in
accordance with a permit that was issued under section 303CG, 303GB or
303GC and is in force.
Authorised import—CITES exemptions
(3) Subsection (1) does not apply if the import of the specimen is an
import that, under the regulations, is taken to be an import of a personal or
household effect.
Note: See paragraph 3 of Article VII of
CITES.
(4) Subsection (1) does not apply if:
(a) the specimen is a CITES II specimen; and
(b) the specimen is not a live specimen; and
(c) the specimen belongs to a species that is specified in the
regulations; and
(d) in a case where a quantitative limit is applicable to the specimen
under a notation in the list referred to in section 303CA—the
quantity of the specimen does not exceed that limit; and
(e) the specimen is within the personal baggage of a person entering
Australia or an external Territory; and
(f) the specimen is not intended for sale or for any other commercial
purpose; and
(g) both:
(i) the country from which the specimen is proposed to be imported has a
relevant CITES authority; and
(ii) permission to export the specimen from that country has been given by
a relevant CITES authority of that country.
(5) Subsection (1) does not apply if the import of the specimen is an
import that, in accordance with a determination made by the Minister under the
regulations, is taken to be part of a registered, non-commercial exchange of
scientific specimens between scientific organisations.
(6) Subsection (1) does not apply if:
(a) the country from which the specimen is proposed to be imported has a
relevant CITES authority; and
(b) a relevant CITES authority of that country has issued a certificate
under paragraph 2 of Article VII of CITES in respect of the specimen.
Note 1: Paragraph 2 of Article VII of CITES deals with a
specimen that was acquired before the provisions of CITES applied to the
specimen.
Note 2: The defendant bears an evidential burden in relation
to the matters in subsections (2), (3), (4), (5) and (6) (see subsection
13.3(3) of the Criminal Code).
(1) Regulations made for the purposes of subsection 303CC(6) or 303CD(3)
must not prescribe any of the following as an export or import that is taken to
be a personal or household effect:
(a) a bear product;
(b) a cat product.
(2) Regulations made for the purposes of paragraph 303CD(4)(c) must not
prescribe species in any of the following families:
(a) the bear family (family Ursidae);
(b) the cat family (family Felidae) other than the domestic cat (Felis
catus).
Regulations made for the purposes of subsection 303CC(6) or 303CD(3) must
not prescribe trophies as exports or imports that are taken to be personal or
household effects.
(1) A person may, in accordance with the regulations, apply to the
Minister for a permit to be issued under section 303CG.
(2) The application must be accompanied by the fee (if any) prescribed by
the regulations.
(1) The Minister may, within 40 business days after the application is
made, request the applicant to give the Minister, within the period specified in
the request, further information for the purpose of enabling the Minister to
deal with the application.
(2) The Minister may refuse to consider the application until the
applicant gives the Minister the information in accordance with the
request.
(1) The Minister may, on application made by a person under
section 303CE, issue a permit to the person. This subsection has effect
subject to subsections (3), (4A) and (4B).
(2) A permit authorises its holder to take the action or actions specified
in the permit without breaching section 303CC, 303CD, 303DD or
303EK.
(3) The Minister must not issue a permit unless the Minister is satisfied
that:
(a) the action or actions specified in the permit will not be detrimental
to, or contribute to trade which is detrimental to:
(i) the survival of any taxon to which the specimen belongs; or
(ii) the recovery in nature of any taxon to which the specimen belongs;
or
(iii) any relevant ecosystem (for example, detriment to habitat or
biodiversity); and
(b) the specimen was not obtained in contravention of, and the action or
actions specified in the permit would not involve the contravention of, any law
of the Commonwealth, of a State or of a Territory; and
(c) if the specimen is a live specimen that belongs to a taxon specified
in the regulations—the conditions that, under the regulations, are
applicable to the welfare of the specimen have been, or are likely to be,
complied with; and
(d) if any restriction or condition is applicable to the specimen under a
notation in the list referred to in section 303CA—that restriction or
condition has been, or is likely to be, complied with; and
(e) if the permit authorises the export of a CITES specimen:
(i) the proposed export would be an eligible non-commercial purpose export
(within the meaning of section 303FA); or
(ii) the relevant conditions set out in the table in section 303CH
have been met; and
(f) if the permit authorises the import of a CITES specimen:
(i) the proposed import would be an eligible non-commercial purpose import
(within the meaning of section 303FB); or
(ii) the relevant conditions set out in the table in section 303CH
have been met; and
(g) if:
(i) the permit authorises the import of a CITES II specimen; and
(ii) the proposed import would be an eligible non-commercial purpose
import (within the meaning of section 303FB);
the country from which the specimen is proposed to be imported has a
relevant CITES authority and permission to export the specimen from that country
has been given by a relevant CITES authority of that country; and
(h) if the permit authorises the export of a CITES specimen that is a
regulated native specimen—the conditions set out in subsection 303DG(4)
have been met; and
(i) if the permit authorises the import of a CITES specimen that is a
regulated live specimen—the conditions set out in subsection 303EN(3) have
been met.
(4) Subsection (3) does not apply in relation to a permit to export
from Australia or an external Territory a specimen (other than a live animal)
that has been imported into Australia or that Territory, as the case may
be.
(4A) The Minister must not issue a permit for the import of any of the
following:
(a) a bear product;
(b) a cat product.
(4B) The Minister must not issue a permit for the import of a
trophy.
(5) The Minister must not issue a permit to export a specimen (other than
a live animal) that has been imported into Australia or an external Territory,
unless the Minister is satisfied that:
(a) the specimen was lawfully imported (section 303GY); and
(b) if the specimen is a CITES I specimen:
(i) the country to which the specimen is proposed to be exported has a
relevant CITES authority; and
(ii) permission to import that specimen into that country has been given
by a relevant CITES authority of that country.
(6) This section has effect subject to section 303GA.
Note: Section 303GA deals with controlled actions, and
actions for which a non-Part 13A permit is required.
The following table sets out the conditions mentioned in paragraphs
303CG(3)(e) and (f):
|
Specific conditions |
|||
|---|---|---|---|
|
Item |
Category of specimen |
Action |
Specific conditions |
|
1 |
CITES I |
Import |
(a) the proposed import would be an import from an approved
CITES-registered captive breeding program in accordance with section 303FK;
or |
|
2 |
CITES I |
Export |
(a) the specimen is not a live native mammal, a live native amphibian, a
live native reptile or a live native bird; and |
|
3 |
CITES II |
Import |
(a) the country from which the specimen is proposed to be imported has a
relevant CITES authority and permission to export the specimen from that country
has been given by a relevant CITES authority of that country; and |
|
4 |
CITES II |
Export |
(a) the specimen is not a live native mammal, a live native amphibian, a
live native reptile or a live native bird; and |
|
5 |
CITES III |
Import |
The country from which the specimen is proposed to be imported has a
relevant CITES authority, and permission to export the specimen from that
country has been given by a relevant CITES authority of that country. |
|
6 |
CITES III |
Export |
(a) the specimen is not a live native mammal, a live native amphibian, a
live native reptile or a live native bird; and |
If an application for a permit is made under section 303CE, the
Minister must either issue, or refuse to issue, the permit within 40 business
days after whichever is the latest of the following days:
(a) the day on which the application is made;
(b) if a request for further information in relation to the application is
made under section 303CF—the day on which the applicant complies with
the request;
(c) if section 303GA applies to the application—the day that is
applicable under subsection 303GA(2).
A permit under section 303CG:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force for:
(i) a period of 6 months beginning on the date on which it is issued;
or
(ii) if a shorter period is specified in the permit—that shorter
period.
(1) As soon as practicable after the commencement of this section, the
Minister must cause to be established a register that sets out:
(a) prescribed particulars of applications made under section 303CE
after the establishment of the register; and
(b) prescribed particulars of decisions made by the Minister under
section 303CG after the establishment of the register.
(2) The register may be maintained by electronic means.
(3) The register is to be made available for inspection on the
Internet.
For the purposes of the application of CITES to Australia:
(a) the Minister is the Management Authority; and
(b) the Secretary is the Scientific Authority.
(1) Except so far as the contrary intention appears, an expression
that:
(a) is used in the CITES provisions without definition; and
(b) is used in CITES (whether or not it is defined in, or a particular
meaning is assigned to it by, CITES);
has, in the CITES provisions, the same meaning as it has in
CITES.
(2) For the purposes of subsection (1), the CITES provisions
consist of:
(a) this Division; and
(b) any other provision of this Act in so far as that other provision
relates to, or to permits under, this Division.
(1) In making a decision under this Part in relation to a CITES specimen,
the Minister may have regard to a relevant resolution of the Conference of the
Parties under Article XI of CITES.
(2) Subsection (1) applies to a resolution, whether made before or
after the commencement of this section.
For the purposes of this Act, a regulated native specimen
is a specimen that:
(a) is, or is derived from, a native animal or a native plant;
and
(b) is not included in the list referred to in
section 303DB.
(1) The Minister must, by instrument published in the Gazette,
establish a list of exempt native specimens.
(2) For each specimen included in the list, there is to be a notation that
states whether the inclusion of the specimen in the list is subject to
restrictions or conditions and, if so, the nature of those restrictions or
conditions.
(3) A restriction or condition mentioned in subsection (2)
may:
(a) consist of a quantitative limit in relation to the export of the
specimen; or
(b) relate to the circumstances of the export of the specimen;
or
(c) relate to the source of the specimen; or
(d) relate to the circumstances in which the specimen was taken or, if the
specimen is derived from another specimen that was taken, the circumstances in
which the other specimen was taken; or
(e) relate to an expiry date for the inclusion of the specimen on the
list.
(4) Subsection (3) does not limit subsection (2).
(5) The list, as first established, must:
(a) contain the specimens referred to in Part I of Schedule 4 to
the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as
in force immediately before the commencement of this section; and
(b) reflect the restrictions and conditions that are applicable to the
inclusion of those specimens in that Part of that Schedule.
(6) The list must not include a specimen that belongs to an eligible
listed threatened species or a species of listed migratory bird
unless:
(a) the Minister is satisfied that the export of the specimen will
not:
(i) adversely affect the conservation status of the species concerned;
and
(ii) be inconsistent with any recovery plan or wildlife conservation plan
for that species; and
(b) the inclusion of the specimen on the list is subject to a restriction
or condition to the effect that:
(i) the specimen must be, or be derived from, a plant that was
artificially propagated (section 527C); and
(ii) the specimen was propagated in an operation that has derived its
stock in a way that did not breach a law of the Commonwealth, a State or a
Territory.
(7) A copy of an instrument under subsection (1) is to be made
available for inspection on the Internet.
(1) The Minister may, by instrument published in the Gazette, amend
the list referred to in section 303DB by:
(a) including items in the list; or
(b) deleting items from the list; or
(c) imposing a condition or restriction to which the inclusion of a
specimen in the list is subject; or
(d) varying or revoking a condition or restriction to which the inclusion
of a specimen in the list is subject; or
(e) correcting an inaccuracy or updating the name of a species.
(1A) In deciding whether to amend the list referred to in section 303DB to
include a specimen derived from a commercial fishery, the Minister must rely
primarily on the outcomes of any assessment in relation to the fishery carried
out for the purposes of Division 1 or 2 of Part 10.
(1B) Subsection (1A) does not apply to an amendment mentioned in paragraph
(1)(e).
(1C) Subsection (1A) does not limit the matters that may be taken into
account in deciding whether to amend the list referred to in section 303DB to
include a specimen derived from a commercial fishery.
(1D) In this section:
fishery has the same meaning as in section 303FN.
(2) For the purposes of paragraph (1)(e), correcting an
inaccuracy includes ensuring that the list complies with subsection
303DB(5).
(3) Before amending the list referred to in section 303DB as
mentioned in paragraph (1)(a), (b), (c) or (d) of this section, the
Minister:
(a) must consult such other Minister or Ministers as the Minister
considers appropriate; and
(b) must consult such other Minister or Ministers of each State and
self-governing Territory as the Minister considers appropriate; and
(c) must consult other persons and organisations in accordance with the
procedures for consultation set out in subsections (3A) to (3E).
(3A) For the purposes of consultation under paragraph (3)(c), the Minister
must cause a notice of the application to be:
(a) given to each person and organisation registered under section 266A;
and
(b) published on the Internet.
(3B) The notice referred to in subsection (3A) must:
(a) set out the proposal to amend the list; and
(b) set out sufficient information about the proposed amendment to enable
persons and organisations to consider adequately the merits of the proposal;
and
(c) invite persons and organisations to give written comments to the
Minister about the proposal within the period specified in the notice;
and
(d) specify an address for the lodgment of comments.
(3C) The period specified in a notice under paragraph (3B)(c) must not be
less than 20 business days after the date on which the notice was
given.
(3D) In making a decision under subsection (1), the Minister must consider
any comments about the proposal that were given in response to an invitation
under subsection (3A).
(3E) Within 28 days after making a decision under subsection (1), the
Minister must publish written reasons for the decision on the
Internet.
(4) An instrument under subsection (1) (other than an instrument
mentioned in paragraph (1)(e)) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act
1901.
(5) A copy of an instrument under subsection (1) is to be made
available for inspection on the Internet.
(1) A person is guilty of an offence if:
(a) the person exports a specimen; and
(b) the specimen is a regulated native specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
Exemption—permit
(2) Subsection (1) does not apply if the specimen is exported in
accordance with a permit that was issued under section 303CG, 303DG, 303GB
or 303GC and is in force.
Exemption—accredited wildlife trade management plan
(3) Subsection (1) does not apply if:
(a) the export of the specimen would be an export in accordance with an
accredited wildlife trade management plan (section 303FP); and
(b) the specimen is not a live native mammal, a live native reptile, a
live native amphibian or a live native bird; and
(ba) the specimen is not a live terrestrial invertebrate or a live
freshwater fish prescribed by the regulations for the purposes of this
paragraph; and
(c) the specimen is not a CITES specimen; and
(d) the specimen does not belong to an eligible listed threatened
species.
Exemption—exchange of scientific specimens
(4) Subsection (1) does not apply if the export of the specimen is an
export that, in accordance with a determination made by the Minister under the
regulations, is taken to be part of a registered, non-commercial exchange of
scientific specimens between scientific organisations.
Note: The defendant bears an evidential burden in relation
to the matters in subsections (2), (3) and (4) (see subsection 13.3(3) of
the Criminal Code).
(1) A person may, in accordance with the regulations, apply to the
Minister for a permit to be issued under section 303DG.
(2) The application must be accompanied by the fee (if any) prescribed by
the regulations.
(1) The Minister may, within 40 business days after the application is
made, request the applicant to give the Minister, within the period specified in
the request, further information for the purpose of enabling the Minister to
deal with the application.
(2) The Minister may refuse to consider the application until the
applicant gives the Minister the information in accordance with the
request.
(1) The Minister may, on application made by a person under
section 303DE, issue a permit to the person. This subsection has effect
subject to subsections (3) and (4).
(2) A permit authorises its holder to take the action or actions specified
in the permit without breaching section 303DD.
(3) The Minister must not issue a permit authorising the export of a live
native mammal, a live native reptile, a live native amphibian or a live native
bird unless the Minister is satisfied that the proposed export would be an
eligible non-commercial purpose export (within the meaning of
section 303FA).
(3A) The Minister must not issue a permit authorising the export of a live
terrestrial invertebrate or a live freshwater fish prescribed by the regulations
for the purposes of paragraph 303DD(3)(ba) unless the Minister is satisfied that
the proposed export would be an eligible non-commercial purpose export (within
the meaning of section 303FA).
(4) The Minister must not issue a permit unless the Minister is satisfied
that:
(a) the export of the specimen will not be detrimental to, or contribute
to trade which is detrimental to:
(i) the conservation status of any taxon to which the specimen belongs;
or
(ii) any relevant ecosystem (for example, detriment to habitat or
biodiversity); and
(b) if the specimen is a live specimen that belongs to a taxon specified
in the regulations—the conditions that, under the regulations, are
applicable to the welfare of the specimen have been, or are likely to be,
complied with; and
(c) the specimen was not obtained in contravention of, and the export
would not involve the contravention of, any law of the Commonwealth, of a State
or of a Territory; and
(d) if the specimen belongs to an eligible listed threatened species or a
species of listed migratory bird—the export of the specimen is covered by
subsection (7) or (8), and the export would not be inconsistent with any
recovery plan or any wildlife conservation plan for that species; and
(e) if the specimen does not belong to an eligible listed threatened
species:
(i) the proposed export would be an eligible non-commercial purpose export
(within the meaning of section 303FA); or
(ii) the proposed export would be an eligible commercial purpose export
(within the meaning of section 303FJ).
(5) Subsection (4) does not apply in relation to a permit to export
from Australia or an external Territory a specimen (other than a live animal)
that has been imported into Australia or that Territory, as the case may
be.
(6) The Minister must not issue a permit to export from Australia or an
external Territory a specimen (other than a live animal) that has been imported
into Australia or that Territory, as the case may be, unless the Minister is
satisfied that the specimen was lawfully imported
(section 303GY).
Eligible listed threatened species
(7) This subsection covers the export of a specimen if:
(a) the export of the specimen would be an export from an approved captive
breeding program in accordance with section 303FK; or
(b) the export of the specimen would be an export from an approved
artificial propagation program in accordance with section 303FL;
or
(c) the export of the specimen would be an export from an approved
aquaculture program in accordance with section 303FM;
and the export of the specimen will not adversely affect the conservation
status of the species concerned.
Note: See also subsection (3).
(8) This subsection covers the export of a specimen if:
(a) the export of the specimen would be an export for the purposes of
research in accordance with section 303FC; or
(b) the export of the specimen would be an export for the purposes of
education in accordance with section 303FD; or
(c) the export of the specimen would be an export for the purposes of
exhibition in accordance with section 303FE; or
(d) the export of the specimen would be an export for the purposes of
conservation breeding or propagation in accordance with
section 303FF.
Section has effect subject to section 303GA
(9) This section has effect subject to section 303GA.
Note: Section 303GA deals with controlled actions, and
actions for which a non-Part 13A permit is required.
(10) Despite paragraph (4)(b), the Minister
must not issue a permit for a listed threatened species if:
(a) there is no recovery plan for that listed threatened species;
and
(b) the time allowed for making a recovery plan for that species under
section 273 has expired.
If an application for a permit is made under section 303DE, the
Minister must either issue, or refuse to issue, the permit within 40 business
days after whichever is the latest of the following days:
(a) the day on which the application is made;
(b) if a request for further information in relation to the application is
made under section 303DF—the day on which the applicant complies with
the request;
(c) if section 303GA applies to the application—the day that is
applicable under subsection 303GA(2).
A permit under section 303DG:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force for:
(i) a period of 3 years beginning on the date on which it is issued;
or
(ii) if a shorter period is specified in the permit—that shorter
period.
(1) As soon as practicable after the commencement of this section, the
Minister must cause to be established a register that sets out:
(a) prescribed particulars of applications made under section 303DE
after the establishment of the register; and
(b) prescribed particulars of decisions made by the Minister under
section 303DG after the establishment of the register.
(2) The register may be maintained by electronic means.
(3) The register is to be made available for inspection on the
Internet.
For the purposes of this Act, a regulated live specimen is
a specimen that:
(a) is a live animal or a live plant; and
(b) is not included in Part 1 of the list referred to in
section 303EB.
(1) The Minister must, by instrument published in the Gazette,
establish a list of specimens that are taken to be suitable for live
import.
(2) The list is to be divided into 2 Parts, as follows:
(a) Part 1 is to be a list of unregulated specimens;
(b) Part 2 is to be a list of allowable regulated
specimens.
(4) Part 1 of the list, as first established, must contain only the
specimens referred to in Part I of Schedule 5 or Part I of
Schedule 6 to the Wildlife Protection (Regulation of Exports and
Imports) Act 1982, as in force immediately before the commencement of this
section.
(5) Part 1 of the list must not contain a CITES specimen.
(6) Part 1 of the list is taken to include a live plant the
introduction of which into Australia is in accordance with the Quarantine Act
1908.
(7) For each specimen included in Part 2 of the list, there is to be
a notation that states whether the inclusion of the specimen in that part of the
list is subject to restrictions or conditions and, if so, the nature of those
restrictions or conditions.
(8) A restriction or condition referred to in subsection (7)
may:
(a) consist of a quantitative limit in relation to the import of the
specimen; or
(b) relate to the circumstances of the import of the specimen;
or
(c) relate to the source of the specimen; or
(d) relate to the circumstances in which the specimen was taken.
(9) Subsection (8) does not limit subsection (7).
(10) Part 2 of the list, as first established, must contain only
specimens that were, at any time before the commencement of this section, the
subject of an import permit granted under the Wildlife Protection (Regulation
of Exports and Imports) Act 1982.
(11) For the purposes of subsection (10), a specimen is taken to have
been the subject of an import permit if, and only if, the specimen was
identified in the permit at the species or sub-species level.
(12) A copy of an instrument under subsection (1) is to be made
available for inspection on the Internet.
(1) The Minister may, by instrument published in the Gazette, amend
the list referred to in section 303EB by:
(a) including items in a particular part of the list; or
(b) deleting items from a particular part of the list;
or
(c) correcting an inaccuracy or updating the name of a species;
or
(d) imposing a restriction or condition to which the inclusion of a
specimen in Part 2 of the list is subject; or
(e) varying or revoking a restriction or condition to which the inclusion
of a specimen in Part 2 of the list is subject.
(2) For the purposes of paragraph (1)(c), correcting an
inaccuracy includes ensuring that the list complies with subsections
303EB(4) and (10).
(3) Before amending the list referred to in section 303EB as
mentioned in paragraph (1)(a), (b), (d) or (e) of this section, the
Minister:
(a) must consult such other Minister or Ministers as the Minister
considers appropriate; and
(b) must consult such other Minister or Ministers of each State and
self-governing Territory as the Minister considers appropriate; and
(c) may consult such other persons and organisations as the Minister
considers appropriate.
(4) An instrument under subsection (1) (other than an instrument
mentioned in paragraph (1)(c)) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act
1901.
(5) The Minister must not amend the list referred to in section 303EB
by including an item in the list, unless:
(a) the amendment is made following consideration of a relevant report
under section 303ED or 303EE; or
(b) the amendment is made following consideration of a relevant review
under section 303EJ.
(6) A copy of an instrument under subsection (1) is to be made
available for inspection on the Internet.
(1) The Minister may formulate a proposal for the list referred to in
section 303EB to be amended by including an item.
(2) The Minister must cause to be conducted an assessment of the potential
impacts on the environment of the proposed amendment.
(3) The Minister must cause to be prepared a report on those impacts. The
report must be prepared in accordance with section 303EF.
(4) A report under subsection (3) is to be given to the
Minister.
(1) A person may, in accordance with the regulations, apply to the
Minister for the list referred to in section 303EB to be amended by
including an item.
(2) The Minister must not consider the application unless:
(a) an assessment is made of the potential impacts on the environment of
the proposed amendment; and
(b) a report on those impacts is given to the Minister.
The report must be prepared in accordance with
section 303EF.
An assessment under subsection 303ED(2) or 303EE(2) must provide
for:
(a) the preparation of draft terms of reference for a report on the
relevant impacts; and
(b) the publication of the draft terms of reference for public comment for
a period of at least 10 business days that is specified by the Minister;
and
(c) the finalisation of the terms of reference, to the Minister’s
satisfaction, taking into account the comments (if any) received on the draft
terms of reference; and
(d) the preparation of a draft of a report on the relevant impacts;
and
(e) the publication of the draft report for public comment for a period of
at least 20 business days that is specified by the Minister; and
(f) the finalisation of the report, taking into account the comments (if
any) received after publication of the draft report; and
(g) any other matter prescribed by the regulations.
(1) If the Minister receives a report under section 303ED or 303EE in
relation to a proposed amendment, the Minister must decide whether or not to
make the proposed amendment within:
(a) 30 business days; or
(b) if the Minister, by writing, specifies a longer period—that
longer period;
after the first business day after the day on which the report was
received.
Notice of extension of time
(2) If the Minister specifies a longer period for the purposes of
subsection (1), he or she must:
(a) if section 303EE applies—give a copy of the specification
to the applicant; and
(b) publish the specification in accordance with the
regulations.
(1) If:
(a) section 303EE applies; and
(b) the Minister believes on reasonable grounds that he or she does not
have enough information to make an informed decision whether or not to make the
proposed amendment;
the Minister may request the applicant to give the Minister, within the
period specified in the request, information relevant to making the
decision.
(2) The Minister may refuse to consider the application until the
applicant gives the Minister the information in accordance with the
request.
If section 303EE applies and the Minister refuses to make the
proposed amendment, the Minister must give the applicant notice of the
refusal.
If, following consideration of a relevant report under section 303ED
or 303EE, the Minister has made a decision to include, or refusing to include,
an item in the list referred to in section 303EB, the Minister may review
that decision at any time during the period of 5 years after the decision was
made.
(1) A person is guilty of an offence if:
(a) the person imports a specimen; and
(b) the specimen is a regulated live specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
Exemption—permit
(2) Subsection (1) does not apply if:
(a) the specimen is included in Part 2 of the list referred to in
section 303EB; and
(b) the specimen is imported in accordance with a permit that was issued
under section 303CG, 303EN, 303GB or 303GC and is in force.
Exemption—testing permit
(3) Subsection (1) does not apply if the specimen is imported in
accordance with a permit that was issued under section 303GD and is in
force.
Note: The defendant bears an evidential burden in relation
to the matters in subsections (2) and (3) (see subsection 13.3(3) of the
Criminal Code).
(1) A person may, in accordance with the regulations, apply to the
Minister for a permit to be issued under section 303EN.
(2) The application must be accompanied by the fee (if any) prescribed by
the regulations.
(1) The Minister may, within 40 business days after the application is
made, request the applicant to give the Minister, within the period specified in
the request, further information for the purpose of enabling the Minister to
deal with the application.
(2) The Minister may refuse to consider the application until the
applicant gives the Minister the information in accordance with the
request.
(1) The Minister may, on application made by a person under
section 303EL, issue a permit to the person. This subsection has effect
subject to subsection (3).
(2) A permit authorises its holder to take the action or actions specified
in the permit without breaching section 303EK.
(3) The Minister must not issue a permit unless the Minister is satisfied
that:
(a) the proposed import would not be:
(i) detrimental to the conservation status of a species or ecological
community; or
(ii) likely to threaten biodiversity; and
(b) the specimen is included in Part 2 of the list referred to in
section 303EB; and
(c) if any restriction or condition is applicable to the specimen under a
notation in Part 2 of the list referred to in section 303EB—that
restriction or condition has been, or is likely to be, complied with;
and
(d) the specimen was not obtained in contravention of, and the import
would not involve the contravention of, any law of the Commonwealth, of a State
or of a Territory; and
(e) if the specimen belongs to a taxon specified in the
regulations—the conditions that, under the regulations, are applicable to
the welfare of the specimen have been, or are likely to be, complied
with.
(4) This section has effect subject to section 303GA.
Note: Section 303GA deals with controlled actions, and
actions for which a non-Part 13A permit is required.
not likely to threaten biodiversity has the meaning given by
the regulations.
If an application for a permit is made under section 303EL, the
Minister must either issue, or refuse to issue, the permit within 40 business
days after whichever is the latest of the following days:
(a) the day on which the application is made;
(b) if a request for further information in relation to the application is
made under section 303EM—the day on which the applicant complies with
the request;
(c) if section 303GA applies to the application—the day that is
applicable under subsection 303GA(2).
A permit under section 303EN:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force for:
(i) a period of 3 years beginning on the date on which it is issued;
or
(ii) if a shorter period is specified in the permit—that shorter
period.
(1) As soon as practicable after the commencement of this section, the
Minister must cause to be established a register that sets out:
(a) prescribed particulars of applications made under section 303EL
after the establishment of the register; and
(b) prescribed particulars of decisions made by the Minister under
section 303EN after the establishment of the register.
(2) The register may be maintained by electronic means.
(3) The register is to be made available for inspection on the
Internet.
The object of this Subdivision is:
(a) to comply with Australia’s obligations under:
(i) the Biodiversity Convention; and
(ii) CITES; and
(b) otherwise to further the protection and conservation of the wild fauna
and flora of Australia and of other countries;
by requiring the marking of certain live specimens for the purposes of
identification.
Note: See Article 8 of the Biodiversity
Convention.
This Subdivision applies to a regulated live specimen if:
(a) the specimen has been imported in accordance with:
(i) a permit under this Division; or
(ii) a permit or authority under the Wildlife Protection (Regulation of
Exports and Imports) Act 1982; or
(b) the specimen is the progeny of a specimen referred to in
paragraph (a).
A reference in this Subdivision to the marking of a
specimen includes a reference to the following:
(a) in the case of a live plant:
(i) the marking or labelling of a container in which the plant is kept or
in which the plant is growing; and
(ii) the placement of a label or tag on the plant;
(b) in the case of a live animal:
(i) the implantation of a scannable device in the animal; and
(ii) the placement of a band on any part of the animal; and
(iii) the placement (whether by piercing or otherwise) of a tag or ring on
any part of the animal; and
(iv) the marking or labelling of a container within which the animal is
kept.
Determinations
(1) The Secretary may make a written determination about the marking of
specified kinds of specimens for the purposes of identification.
Matters that may be covered by determination
(2) Without limiting subsection (1), a determination by the Secretary
under that subsection may:
(a) require specimens to be marked; and
(b) deal with the manner in which specimens are to be marked;
and
(c) deal with the times at which marking is to occur; and
(d) deal with the removal or destruction of marks; and
(e) deal with the replacement or modification of marks; and
(f) require that marking be carried out by persons approved in writing by
the Secretary under that determination; and
(g) deal with the circumstances in which marks may be, or are required to
be, rendered useless; and
(h) in the case of a mark that consists of a label, tag, band or
device:
(i) set out specifications relating to the label, tag, band or device;
and
(ii) require that any destruction or removal of the label, tag, band or
device be carried out by a person approved in writing by the Secretary under
that determination.
Marking of animals not to involve undue pain etc.
(3) In the case of a live animal, a determination under
subsection (1) must not require marking that involves:
(a) undue pain or distress to the animal; or
(b) undue risk of the death of the animal.
Marking of plants not to involve undue risk of death
(4) In the case of a live plant, a determination under subsection (1)
must not require marking that involves undue risk of the death of the
plant.
Disallowable instrument
(5) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
Owner to ensure specimens marked etc.
(1) If a determination under section 303EU applies to a specimen, the
owner of the specimen must comply with the determination.
Person not to remove or interfere with mark etc.
(2) A person contravenes this subsection if:
(a) a specimen is marked in accordance with a determination under
section 303EU; and
(b) the person engages in conduct; and
(c) the conduct causes the removal of the mark or interference with the
mark, or renders the mark unusable.
Offence
(3) A person who contravenes subsection (1) or (2) is guilty of an
offence punishable on conviction by a fine not exceeding 120 penalty
units.
(4) Subsection (2) does not apply if the person engages in the
conduct in accordance with a determination under section 303EU.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (4). See subsection 13.3(3) of the Criminal
Code.
(5) In subsections (1) and (2), strict liability applies to the
circumstance that a determination was made under section 303EU.
Note: For strict liability, see
section 6.1 of the Criminal Code.
This Subdivision does not limit section 303GE (which deals with
conditions of permits).
For the purposes of this Part, the export of a specimen is an
eligible non-commercial purpose export if, and only if:
(a) the export of the specimen would be an export for the purposes of
research in accordance with section 303FC; or
(b) the export of the specimen would be an export for the purposes of
education in accordance with section 303FD; or
(c) the export of the specimen would be an export for the purposes of
exhibition in accordance with section 303FE; or
(d) the export of the specimen would be an export for the purposes of
conservation breeding or propagation in accordance with section 303FF;
or
(e) the export of the specimen would be an export of a household pet in
accordance with section 303FG; or
(f) the export of the specimen would be an export of a personal item in
accordance with section 303FH; or
(g) the export of a specimen would be an export for the purposes of a
travelling exhibition in accordance with section 303FI.
For the purposes of this Part, the import of a specimen is an
eligible non-commercial purpose import if, and only if:
(a) the import of the specimen would be an import for the purposes of
research in accordance with section 303FC; or
(b) the import of the specimen would be an import for the purposes of
education in accordance with section 303FD; or
(c) the import of the specimen would be an import for the purposes of
exhibition in accordance with section 303FE; or
(d) the import of the specimen would be an import for the purposes of
conservation breeding or propagation in accordance with section 303FF;
or
(e) the import of the specimen would be an import of a household pet in
accordance with section 303FG; or
(f) the import of the specimen would be an import of a personal item in
accordance with section 303FH; or
(g) the import of a specimen would be an import for the purposes of a
travelling exhibition in accordance with section 303FI.
(1) The export of a specimen is an export for the purposes of research in
accordance with this section if:
(a) the specimen will be used for the purpose of scientific research;
and
(b) the objects of the research are covered by any or all of the following
subparagraphs:
(i) the acquisition of a better understanding, and/or increased knowledge,
of a taxon to which the specimen belongs;
(ii) the conservation of biodiversity; and
(c) any commercial purpose is incidental to the purpose of the export;
and
(d) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of research in
accordance with this section if:
(a) the specimen will be used for the purpose of scientific research;
and
(b) the objects of the research are covered by any or all of the following
subparagraphs:
(i) the acquisition of a better understanding, and/or increased knowledge,
of a taxon to which the specimen belongs;
(ii) the conservation of biodiversity; and
(c) any commercial purpose is incidental to the purpose of the import;
and
(d) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
(1) The export of a specimen is an export for the purposes of education in
accordance with this section if:
(a) the specimen will be used for the purpose of education or training;
and
(b) any commercial purpose is incidental to the purpose of the export;
and
(c) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of education in
accordance with this section if:
(a) the specimen will be used for the purpose of education or training;
and
(b) any commercial purpose is incidental to the purpose of the import;
and
(c) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
(1) The export of a specimen is an export for the purposes of exhibition
in accordance with this section if:
(a) the specimen will be used for the purpose of an exhibition;
and
(b) any commercial purpose is incidental to the purpose of the export;
and
(c) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of exhibition
in accordance with this section if:
(a) the specimen will be used for the purpose of an exhibition;
and
(b) any commercial purpose is incidental to the purpose of the import;
and
(c) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
exhibition includes:
(a) a zoo; or
(b) a travelling exhibition.
travelling exhibition does not include a travelling
exhibition with live specimens.
zoo means an organisation involved in the public exhibition
of animals primarily for educational or scientific purposes.
(1) The export of a specimen is an export for the purposes of conservation
breeding or propagation in accordance with this section if:
(a) the specimen is a live animal or a live plant; and
(b) the specimen is for use in a program the object of which is the
establishment and/or maintenance of a breeding population; and
(c) the program is a program that, under the regulations, is taken to be
an approved co-operative conservation program; and
(d) any commercial purpose is incidental to the purpose of the export;
and
(e) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of conservation
breeding or propagation in accordance with this section if:
(a) the specimen is a live animal or a live plant; and
(b) the specimen is for use in a program the object of which is the
establishment and/or maintenance of a breeding population; and
(c) the program is a program that, under the regulations, is taken to be
an approved co-operative conservation program; and
(d) any commercial purpose is incidental to the purpose of the import;
and
(e) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
Export of live native animals
(1) The export of a live native animal (other than a CITES specimen) is an
export of a household pet in accordance with this section if:
(a) the animal is included in the list referred to in subsection (4);
and
(b) any commercial purpose is incidental to the purpose of the export;
and
(c) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
Export of live CITES specimens
(2) The export of a CITES specimen is an export of a household pet in
accordance with this section if:
(a) the specimen is a live animal; and
(b) if the animal is a native animal—the animal is included in the
list referred to in subsection (4); and
(c) any commercial purpose is incidental to the purpose of the export;
and
(d) such other conditions as are specified in the regulations have been,
or are likely to be, satisfied.
Import of live animals
(3) The import of a live animal is an import of a household pet in
accordance with this section if:
(a) the conditions specified in the regulations have been, or are likely
to be, satisfied; and
(b) any commercial purpose is incidental to the purpose of the import;
and
(c) the animal is included in Part 2 of the list referred to in
section 303EB.
Listing of native household pet animals
(4) The Minister must, by instrument published in the Gazette,
establish a list of native household pet animals.
(5) The list, as first established, must contain the animals referred to
in Schedule 7 to the Wildlife Protection (Regulation of Exports and
Imports) Act 1982, as in force immediately before the commencement of this
section.
(6) The Minister may, by instrument in the Gazette, amend the list
referred to in subsection (4) by:
(a) including items in the list; or
(b) deleting items from the list; or
(c) correcting an inaccuracy or updating the name of a species.
(7) An instrument under subsection (6) (other than an instrument
mentioned in paragraph (6)(c)) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act
1901.
(8) Before amending the list referred to in
subsection (4) as mentioned in paragraph (6)(a) or (b), the Minister must cause
a notice of the proposed amendment to be:
(a) given to each person and organisation registered under section 266A;
and
(b) published on the Internet.
(9) A notice referred to in subsection (8) must:
(a) set out the proposal to amend the list; and
(b) set out sufficient information about the proposal to enable persons
and organisations to consider adequately the merits of the proposal;
and
(c) invite persons and organisations to give written comments to the
Minister about the proposal within the period specified in the notice;
and
(d) specify an address for the lodgment of comments.
(10) The period specified in a notice under paragraph (9)(c) must not be
less than 20 business days after the date on which the notice was
given.
(11) In making a decision under subsection (6), the Minister must consider
any comments about the proposal that were given in response to an invitation
under subsection (8).
(12) Within 28 days after making a decision under subsection (6), the
Minister must publish written reasons for the decision on the
Internet.
(1) The export of a specimen is an export of a personal item in accordance
with this section if:
(a) the specimen is not a live specimen; and
(b) any commercial purpose is incidental to the purpose of the export;
and
(c) the conditions specified in the regulations have been, or are likely
to be, satisfied.
(2) The import of a specimen is an import of a personal item in accordance
with this section if:
(a) the specimen is not a live specimen; and
(b) any commercial purpose is incidental to the purpose of the import;
and
(c) the conditions specified in the regulations have been, or are likely
to be, satisfied.
For the purposes of this Part, the export of a specimen is an
eligible commercial purpose export if, and
only if:
(a) the export of the specimen would be an export from an approved captive
breeding program in accordance with section 303FK; or
(b) the export of the specimen would be an export from an approved
artificial propagation program in accordance with section 303FL;
or
(c) the export of the specimen would be an export from an approved
aquaculture program in accordance with section 303FM; or
(d) the export of the specimen would be an export in accordance with an
approved wildlife trade operation (section 303FN); or
(e) the export of the specimen would be an export in accordance with an
approved wildlife trade management plan (section 303FO).
Note: See also subsection 303DD(3), which deals with
accredited wildlife trade management plans.
(1) The export of a specimen is an export from an approved captive
breeding program in accordance with this section if the specimen was sourced
from a program that, under the regulations, is taken to be an approved captive
breeding program.
(2) The export of a specimen is an export from an approved
CITES-registered captive breeding program in accordance with this section if the
specimen was sourced from a program that, under the regulations, is taken to be
an approved CITES-registered captive breeding program.
(3) The import of a specimen is an import from an approved
CITES-registered captive breeding program in accordance with this section if the
specimen was sourced from a program that, under the regulations, is taken to be
an approved CITES-registered captive breeding program.
The export of a specimen is an export from an approved artificial
propagation program in accordance with this section if the specimen was sourced
from a program that, under the regulations, is taken to be an approved
artificial propagation program.
The export of a specimen is an export from an approved aquaculture
program in accordance with this section if the specimen was sourced from a
program that, under the regulations, is taken to be an approved aquaculture
program.
(1) The export of a specimen is an export in accordance with an approved
wildlife trade operation if the specimen is, or is derived from, a specimen that
was taken in accordance with a wildlife trade operation declared by a
declaration in force under subsection (2) to be an approved wildlife trade
operation.
(2) The Minister may, by instrument published in the Gazette,
declare that a specified wildlife trade operation is an approved wildlife
trade operation for the purposes of this section.
(3) The Minister must not declare an operation under subsection (2)
unless the Minister is satisfied that:
(a) the operation is consistent with the objects of this Part;
and
(b) the operation will not be detrimental to:
(i) the survival of a taxon to which the operation relates; or
(ii) the conservation status of a taxon to which the operation relates;
or
(iii) any relevant ecosystem including (but not limited to) any habitat or
biodiversity; and
(c) if the operation relates to the taking of live specimens that belong
to a taxon specified in the regulations—the conditions that, under the
regulations, are applicable to the welfare of the specimens are likely to be
complied with; and
(d) such other conditions (if any) as are specified in the regulations
have been, or are likely to be, satisfied.
(4) In deciding whether to declare an operation under subsection (2), the
Minister must have regard to the following:
(a) the significance of the impact of the operation on an ecosystem (for
example, an impact on habitat or biodiversity);
(b) the effectiveness of the management arrangements for the operation
(including monitoring procedures);
(c) the effectiveness of the legislation in the receiving country relating
to the welfare, protection or conservation of the specimens to which the
operation relates;
(d) whether legislation relating to the protection, conservation or
management of the specimens to which the operation relates:
(i) is in force in the State or Territory concerned; and
(ii) applies throughout the State or Territory concerned; and
(iii) is, in the opinion of the Minister, effective.
(6) A declaration under subsection (2) ceases to be in force at the
beginning of the third anniversary of the day on which the declaration took
effect. However, this rule does not apply if a period of less than 3 years is
specified in the declaration in accordance with subsection 303FT(4).
(10) For the purposes of this section, an operation is a wildlife
trade operation if, and only if, the operation is an operation for the
taking of specimens and:
(a) the operation is an operation that, under the regulations, is taken to
be a market-testing operation; or
(b) the operation is an operation that, under the regulations, is taken to
be a small-scale operation; or
(c) the operation is an operation that, under the regulations, is taken to
be a developmental operation; or
(d) the operation is a commercial fishery; or
(e) the operation is an operation that, under the regulations, is taken to
be a provisional operation; or
(f) the operation is an operation of a kind specified in the
regulations.
(10A) In deciding whether to declare that a commercial fishery is an
approved wildlife trade operation for the purposes of this section, the Minister
must rely primarily on the outcomes of any assessment in relation to the fishery
carried out for the purposes of Division 1 or 2 of Part 10.
(10B) Subsection (10A) does not limit the matters that may be taken into
account in deciding whether to declare that a fishery is an approved wildlife
trade operation for the purposes of this section.
(11) In this section:
fish includes all species of bony fish, sharks, rays,
crustaceans, molluscs and other marine organisms, but does not include marine
mammals or marine reptiles.
fishery means a class of activities by way of fishing,
including activities identified by reference to all or any of the
following:
(a) a species or type of fish;
(b) a description of fish by reference to sex or any other
characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of vessels;
(f) a class of persons;
(g) a purpose of activities.
(1) The export of a specimen is an export in accordance with an approved
wildlife trade management plan if the specimen is, or is derived from, a
specimen that was taken in accordance with a plan declared by a declaration in
force under subsection (2) to be an approved wildlife trade management
plan.
(2) The Minister may, by instrument published in the Gazette,
declare that a specified plan is an approved wildlife trade
management plan for the purposes of this
section.
(3) The Minister must not declare a plan under subsection (2) unless
the Minister is satisfied that:
(a) the plan is consistent with the objects of this Part; and
(b) there has been an assessment of the environmental impact of the
activities covered by the plan, including (but not limited to) an assessment
of:
(i) the status of the species to which the plan relates in the wild;
and
(ii) the extent of the habitat of the species to which the plan relates;
and
(iii) the threats to the species to which the plan relates; and
(iv) the impacts of the activities covered by the plan on the habitat or
relevant ecosystems; and
(c) the plan includes management controls directed towards ensuring that
the impacts of the activities covered by the plan on:
(i) a taxon to which the plan relates; and
(ii) any taxa that may be affected by activities covered by the plan;
and
(iii) any relevant ecosystem (for example, impacts on habitat or
biodiversity);
are ecologically sustainable; and
(d) the activities covered by the plan will not be detrimental
to:
(i) the survival of a taxon to which the plan relates; or
(ii) the conservation status of a taxon to which the plan relates;
or
(iii) any relevant ecosystem (for example, detriment to habitat or
biodiversity); and
(e) the plan includes measures:
(i) to mitigate and/or minimise the environmental impact of the activities
covered by the plan; and
(ii) to monitor the environmental impact of the activities covered by the
plan; and
(iii) to respond to changes in the environmental impact of the activities
covered by the plan; and
(f) if the plan relates to the taking of live specimens that belong to a
taxon specified in the regulations—the conditions that, under the
regulations, are applicable to the welfare of the specimens are likely to be
complied with; and
(g) such other conditions (if any) as are specified in the regulations
have been, or are likely to be, satisfied.
(4) In deciding whether to declare a plan under subsection (2), the
Minister must have regard to:
(a) whether legislation relating to the protection, conservation or
management of the specimens to which the plan relates is in force in the State
or Territory concerned; and
(b) whether the legislation applies throughout the State or Territory
concerned; and
(c) whether, in the opinion of the Minister, the legislation is
effective.
(5) A declaration under subsection (2) ceases to be in force at the
beginning of the fifth anniversary of the day on which the declaration took
effect. However, this rule does not apply if a period of less than 5 years is
specified in the declaration in accordance with subsection 303FT(4).
(6) If a declaration ceases to be in force, this Act does not prevent the
Minister from making a fresh declaration under subsection (2).
(7) A fresh declaration may be made during the 90-day period before the
time when the current declaration ceases to be in force.
(8) A fresh declaration that is made during that 90-day period takes
effect immediately after the end of that period.
(1) The export of a specimen is an export in accordance with an accredited
wildlife trade management plan if the specimen is, or is derived from, a
specimen that was taken in accordance with a plan declared by a declaration in
force under subsection (2) to be an accredited wildlife trade management
plan.
(2) The Minister may, by instrument published in the Gazette,
declare that a specified plan is an accredited wildlife trade
management plan for the purposes of this
section.
(3) The Minister must not declare a plan under subsection (2) unless
the Minister is satisfied that:
(a) the plan is in force under a law of the Commonwealth or of a State or
Territory; and
(aa) the implementation of the plan will be beneficial to the conservation
of the taxon to which the plan relates; and
(b) the conditions set out in subsection 303FO(3) have been met in
relation to the plan; and
(c) the plan imposes limits in relation to the taking of specimens;
and
(d) the compliance and enforcement measures relating to the plan are
likely to be effective in preventing specimens taken in breach of the plan from
being traded or exported; and
(e) the plan provides for the monitoring of:
(i) the taking of specimens under the plan; and
(ii) the export of specimens taken under the plan; and
(iii) the status of the species to which the plan relates in the wild;
and
(iv) the impacts of the activities under the plan on the habitat of the
species to which the plan relates; and
(f) the plan provides for statistical reports about specimens taken under
the plan to be given to the Minister on a regular basis; and
(g) such other conditions (if any) as are specified in the regulations
have been, or are likely to be, satisfied.
(4) A declaration under subsection (2) ceases to be in force at the
beginning of the fifth anniversary of the day on which the declaration took
effect. However, this rule does not apply if a period of less than 5 years is
specified in the declaration in accordance with subsection 303FT(4).
(5) If a declaration ceases to be in force, this Act does not prevent the
Minister from making a fresh declaration under subsection (2).
(6) A fresh declaration may be made during the 90-day period before the
time when the current declaration ceases to be in force.
(7) A fresh declaration that is made during that 90-day period takes
effect immediately after the end of that period.
(8) The Minister must publish on the Internet copies of reports given as
mentioned in paragraph (3)(f).
(9) The Minister is not required to comply
with subsection (8) to the extent to which compliance could reasonably be
expected to be detrimental to:
(a) the survival of a taxon to which the plan relates; or
(b) the conservation status of a taxon to which the plan
relates.
(10) An instrument under subsection (2) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Before making a declaration under section 303FO or 303FP, the
Minister must consult a relevant agency of each State and self-governing
Territory affected by the declaration.
(1) Before making a declaration under section 303FN, 303FO or 303FP, the
Minister must cause a notice of the proposal to make a declaration to
be:
(a) given to each person and body registered under section 266A;
and
(b) published on the Internet.
(1A) A notice under subsection (1) must:
(a) set out the proposal to make the declaration; and
(b) set out sufficient information about the declaration to enable persons
and organisations to consider adequately the merits of the proposal;
and
(c) invite persons and organisations to give the Minister written comments
about the proposal within the period specified in the notice.
(2) A period specified in a notice under subsection (1A) must not be
shorter than 20 business days after the date on which the notice was published
on the Internet.
(3) In making a decision about whether to make a declaration under
section 303FN, 303FO or 303FP, the Minister must consider any comments
about the proposal to make the declaration that were given in response to an
invitation under subsection (1).
(4) Within 28 days after making a decision
whether to make a declaration under section 303FN, 303FO or 303FP, the Minister
must publish written reasons for the decision on the Internet.
(1) The Minister must cause to be maintained a register that sets out
declarations made under section 303FN, 303FO or 303FP.
(2) The register may be maintained by electronic means.
(3) The register is to be made available for inspection on the
Internet.
(1) This section applies to a declaration under section 303FN, 303FO
or 303FP.
(2) A declaration may be made:
(a) on the Minister’s own initiative; or
(b) on written application being made to the Minister.
(3) The Minister may make a declaration about a plan or operation even
though he or she considers that the plan or operation should be the subject of
the declaration only to the extent that the plan or operation relates to a
particular class of specimens. In such a case:
(a) the instrument of declaration is to specify that class of specimens;
and
(b) the plan or operation is covered by the declaration only to the extent
that the plan or operation relates to that class of specimens.
(4) The Minister may make a declaration about a plan or operation even
though he or she considers that the plan or operation should be the subject of
the declaration only:
(a) during a particular period; or
(b) while certain circumstances exist; or
(c) while a certain condition is complied with.
In such a case, the instrument of declaration is to specify the period,
circumstances or condition.
(5) If a declaration specifies a particular period as mentioned in
subsection (4), the declaration ceases to be in force at the end of that
period.
(6) If a declaration specifies circumstances as mentioned in
subsection (4), the Minister must, by instrument published in the
Gazette, revoke the declaration if he or she is satisfied that those
circumstances have ceased to exist.
(7) The Minister may, by instrument published in the Gazette, vary
a declaration by:
(a) specifying one or more conditions (or further conditions) to which the
declaration is subject; or
(b) revoking or varying a condition:
(i) specified in the instrument of declaration; or
(ii) specified under paragraph (a).
(8) A condition may relate to reporting or monitoring.
(9) The Minister must, by instrument published in the Gazette,
revoke a declaration if he or she is satisfied that a condition of the
declaration has been contravened.
(10) The Minister may, by instrument published in the Gazette,
revoke a declaration at any time.
(11) A copy of an instrument under section 303FN, 303FO or 303FP or
this section is to be made available for inspection on the Internet.
The import of a specimen is an import from an approved commercial import
program in accordance with this section if the specimen is sourced from a
program that, under the regulations, is taken to be an approved commercial
import program.
(1) This section applies if:
(a) an application is made under section 303CE, 303DE or 303EL for a
permit (the first permit) to authorise the taking of an action
(the proposed action); and
(b) the Minister considers that:
(i) the proposed action may be or is a controlled action;
or
(ii) the proposed action is related to an action (the
related action) that may be or is a controlled action;
or
(iii) the proposed action is an action for which a
non-Part 13A permit is required; or
(iv) the proposed action is related to an action (the
related action) that is an action for which a non-Part 13A
permit is required.
Deferral of decision
(2) The Minister must neither issue, nor refuse to issue, the first permit
before whichever is the latest of the following days:
(a) if subparagraph (1)(b)(i) applies—the day on which the
Minister makes a decision under section 75 about whether the proposed
action is a controlled action;
(b) if subparagraph (1)(b)(i) applies and the Minister makes a
decision under section 75 that the proposed action is a
controlled action—the day on which the Minister makes a decision under
section 133 approving, or refusing to approve, the taking of the controlled
action;
(c) if subparagraph (1)(b)(ii) applies—the day on which the
Minister makes a decision under section 75 about whether the related
action is a controlled action;
(d) if subparagraph (1)(b)(ii) applies and the Minister makes a
decision under section 75 that the related action is a
controlled action—the day on which the Minister makes a decision under
section 133 approving, or refusing to approve, the taking of the controlled
action;
(e) if subparagraph (1)(b)(iii) applies—the day on which a
decision is made to issue, or to refuse to issue, the non-Part 13A permit
referred to in that subparagraph;
(f) if subparagraph (1)(b)(iv) applies—the day on which a
decision is made to issue, or to refuse to issue, the non-Part 13A permit
referred to in that subparagraph.
Refusal of permit
(3) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(i) applies; and
(b) the Minister makes a decision under section 75 that the
proposed action is a controlled action; and
(c) the Minister makes a decision under section 133 refusing to
approve the taking of the controlled action.
(4) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(ii) applies; and
(b) the Minister makes a decision under section 75 that the
related action is a controlled action; and
(c) the Minister makes a decision under section 133 refusing to
approve the taking of the controlled action.
(5) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(iii) applies; and
(b) a decision is made to refuse to issue the non-Part 13A permit
referred to in that subparagraph.
(6) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(iv) applies; and
(b) a decision is made to refuse to issue the non-Part 13A permit
referred to in that subparagraph.
Action for which a non-Part 13A permit is required
(7) For the purposes of this section, an action that a person proposes to
take is an action for which a non-Part 13A permit is required
if the taking of the action by the person without a non-Part 13A permit
would be prohibited by this Act or the regulations if it were assumed that this
Part had not been enacted.
(8) For the purposes of this section, a non-Part 13A permit
is a permit issued under this Act (other than this Part) or the
regulations.
Related action
(9) For the purposes of this section, if a specimen was taken, the action
of exporting or importing the specimen is related to:
(a) that taking; and
(b) any action that affected the specimen after that taking and before
that export or import.
(10) For the purposes of this section, if a specimen is derived from a
specimen that was taken, the action of exporting or importing the
first-mentioned specimen is related to:
(a) that taking; and
(b) any action that affected the first-mentioned specimen, or either of
those specimens, after that taking and before that export or import.
(1) If:
(a) the Minister is considering an application by a person for a permit to
be issued under section 303CG, 303DG or 303EN in relation to a specimen;
and
(b) under this Part, the Minister is precluded from issuing that permit
unless the Minister is satisfied in relation to a matter; and
(c) even though the Minister is not satisfied in relation to that matter,
the Minister is satisfied that:
(i) the export or import of the specimen, as the case may be, would not be
contrary to the objects of this Part; and
(ii) exceptional circumstances exist that justify the proposed export or
import of the specimen; and
(iii) the export or import of the specimen, as the case may be, would not
adversely affect biodiversity;
the Minister may issue a permit to the person.
(1A) The Minister must not issue a permit under this section unless the
grant of that permit would be in accordance with CITES.
(2) A permit under this section authorises the holder of the permit to
take the action or actions specified in the permit without breaching
section 303CC, 303CD, 303DD or 303EK.
Duration of permit
(3) A permit under this section that relates to a CITES
specimen:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force for:
(i) a period of 6 months beginning on the date on which it is issued;
or
(ii) if a shorter period is specified in the permit—that shorter
period.
(4) A permit under this section that relates to a specimen other than a
CITES specimen:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force for:
(i) a period of 12 months beginning on the date on which it is issued;
or
(ii) if a shorter period is specified in the permit—that shorter
period.
(4A) If a permit issued under this section has expired or has been revoked
or cancelled, a new permit may not be issued under this section:
(a) to the same person; or
(b) in relation to the same activity.
Further information
(5) The Minister may, within 40 business days after an application is made
as mentioned in subsection (1), request the applicant to give the Minister,
within the period specified in the request, further information for the purpose
of enabling the Minister to deal with the application.
(6) The Minister may refuse to consider the application until the
applicant gives the Minister the information in accordance with the
request.
exceptional circumstances has the meaning given by the
regulations.
(1) The Secretary may apply to the Minister for a permit to be issued
under subsection (2).
(2) The Minister may, on application made by the Secretary under
subsection (1), issue a permit to the Secretary. This subsection has effect
subject to subsections (4) and (5).
(3) A permit under subsection (2) authorises the Secretary to take
the action or actions specified in the permit without breaching
section 303CC, 303CD, 303DD or 303EK.
(4) The Minister must not issue a permit under this section to export a
specimen unless the Minister is satisfied that:
(a) both:
(i) the recipient of the specimen will be a relevant CITES authority of a
country; and
(ii) the specimen will be used by that relevant CITES authority for the
purpose of the identification of a specimen and/or for the purpose of education
or training; or
(b) both:
(i) the specimen has been seized under this Act; and
(ii) the specimen will be used to facilitate investigations in or outside
Australia in relation to trade relating to wildlife.
(5) The Minister must not issue a permit under this section to import a
specimen unless the Minister is satisfied that:
(a) the specimen will be used by the Secretary for the purposes of the
identification of a specimen; or
(b) both:
(i) the sender of the specimen will be a relevant CITES authority of a
country; and
(ii) the specimen will be used for the purpose of the identification of a
specimen and/or for the purpose of education or training; or
(c) the specimen was exported from Australia in contravention
of:
(i) this Part; or
(ii) the Wildlife Protection (Regulation of Exports and Imports) Act
1982; or
(d) the specimen will be used to facilitate investigations in or outside
Australia in relation to trade relating to wildlife.
(6) A permit under this section:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force for:
(i) a period of 12 months beginning on the date on which it is issued;
or
(ii) if a shorter period is specified in the permit—that shorter
period.
Applications for permits
(1) A person may, in accordance with the regulations, apply to the
Minister for a permit to be issued under subsection (5).
(2) The application must be accompanied by the fee (if any) prescribed by
the regulations.
Further information
(3) The Minister may, within 40 business days after the application is
made, request the person to give the Minister, within the period specified in
the request, further information for the purpose of enabling the Minister to
deal with the application.
(4) The Minister may refuse to consider the application until the person
gives the Minister the information in accordance with the request.
Minister may issue permits
(5) The Minister may, on application made by a person under
subsection (1), issue a permit to the person. This subsection has effect
subject to subsections (7) and (8).
(6) A permit authorises its holder to take the action or actions specified
in the permit without breaching section 303EK.
(7) The Minister must not issue a permit to a person unless the Minister
is satisfied that:
(a) the person has made an application to the Minister under
section 303EE for the list referred to in section 303EB to be amended
by including an item; and
(b) if the proposed amendment were made, the specimen would be covered by
the item; and
(c) the specimen is not a CITES specimen; and
(d) an assessment is to be made under section 303EE of the potential
impacts on the environment of the proposed amendment, and the terms of reference
for a report on the assessment have been finalised; and
(e) the person proposes to conduct tests on the specimen in Australia in
order to obtain information for the assessment; and
(f) the information is required for the assessment; and
(g) it is not reasonably practicable for the person to obtain the
information without conducting the tests in Australia; and
(h) the tests will be conducted in a controlled environment.
(8) The Minister must not issue a permit under this section unless the
permit is subject to one or more conditions about holding the specimen in
quarantine.
Duration of permit
(9) A permit under this section:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force for:
(i) a period of 6 months beginning on the date on which it is issued;
or
(ii) if a shorter period is specified in the permit—that shorter
period.
Investigations
(10) A reference in this section to tests on the specimen
includes a reference to investigations relating to the specimen.
(1) This section applies to a permit issued under this Part.
(2) A permit is subject to such conditions as are specified in the permit
or as are imposed under subsection (3).
(3) The Minister may, in accordance with the regulations:
(a) vary or revoke a condition of a permit; or
(b) impose further conditions of a permit.
(4) The Minister’s powers under subsection (3) may be
exercised:
(a) on the Minister’s own initiative; or
(b) on the application of the holder of the permit concerned.
(5) If a permit authorises its holder to take a particular action, a
condition of the permit may require the holder to do, or not do, an act or thing
before, at or after the time when the action takes place.
(6) If a person is given an authority under section 303GG by the
holder of a permit, subsection (5) applies to the person in a corresponding
way to the way in which it applies to the holder of the permit.
(7) Subsections (4), (5) and (6) are to be disregarded in determining
the meaning of a provision of this Act (other than a provision of this Part)
that relates to conditions of permits issued otherwise than under this
Part.
(1) This section applies to a permit issued under this Part.
(2) Before issuing a permit, the Minister must cause a notice of the
application for a permit to be:
(a) given to each person and body registered under section 266A;
and
(b) published on the Internet.
(3) The notice must:
(a) state that an application for a permit has been made; and
(b) set out sufficient information about the application to enable persons
and organisations to consider adequately the merits of the application;
and
(c) invite persons and organisations to give the Minister written comments
about the proposals within the period specified in the notice.
(4) The period specified in a notice under paragraph (3)(c) must not be
less that 10 business days after the date on which the notice was
given.
(5) In making a decision whether to issue a permit, the Minister must
consider any comments about the application that were given in response to a
notice under subsection (2).
(6) Within 28 days of making a decision under this Part whether to issue a
permit, the Minister must publish written reasons for the decision on the
Internet.
(7) The regulations may prescribe categories of permit applications to be
exempt from the requirements of subsections (2) to (6).
(1) This section applies to a permit issued under this Part.
(2) A person is guilty of an offence if:
(a) the person is:
(i) the holder of a permit; or
(ii) a person to whom an authority under section 303GG has been given
by the holder of a permit; and
(b) the person engages in conduct; and
(c) the conduct results in a contravention of a condition of the
permit.
Penalty: 300 penalty units.
(3) The holder of a permit is guilty of an offence if:
(a) the person is:
(i) the holder of a permit; or
(ii) a person to whom an authority under section 303GG has been given
by the holder of a permit; and
(b) the person engages in conduct; and
(c) the conduct results in a contravention of a condition of the permit;
and
(d) the condition relates to:
(i) the sale or other disposal of a live animal or a live plant;
or
(ii) the sale or other disposal of the progeny of a live animal or a live
plant; or
(iii) the release from captivity of a live animal; or
(iv) the release from captivity of the progeny of a live animal;
or
(v) the escape of a live plant.
Penalty: 600 penalty units.
(4) For the purposes of subsection (3), a person is taken to have
released an animal from captivity if:
(a) that animal has escaped from captivity; and
(b) either:
(i) the person allowed the animal to escape; or
(ii) the person failed to take all reasonable measures to prevent the
animal from escaping.
(4A) For the purposes of subsection (3), a person is taken to have allowed
a plant to escape if:
(a) the plant has grown or propagated in the wild; and
(b) either:
(i) the person allowed the plant to escape; or
(ii) the person failed to take all reasonable measures to prevent the
plant from growing or propagating in the wild.
(5) In subsections (2) and (3), strict liability applies to the
circumstance that the person was given an authority under
section 303GG.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1) This section applies to a permit issued under this Part.
(2) Except as provided in this section, a permit does not authorise the
taking of any action by a person for or on behalf of the holder of the
permit.
(3) Subject to subsection (4), the holder of a permit may give a
person written authority to take for or on behalf of the holder any action
authorised by the permit. The authority may be given generally or as otherwise
provided by the instrument of authority.
(4) The holder of a permit must not give an authority unless:
(a) the permit contains a condition permitting the holder to do so;
and
(b) the authority is given in accordance with any requirements set out in
the condition.
(5) A permit is, for the purposes of this Act, taken to authorise the
taking of a particular action by a person if the taking of that action by the
person is authorised by an authority given by the holder of the
permit.
(6) The giving of an authority does not prevent the taking of any action
by the holder of the permit.
(7) A person who gives an authority must give to the Minister written
notice of it within 14 days after giving the authority.
(1) This section applies to a permit issued under this Part.
(2) On the application, in accordance with the regulations, of the holder
of a permit, the Minister may, in accordance with the regulations, transfer the
permit to another person.
(3) In deciding whether to transfer the permit
to another person, the Minister must consider:
(a) whether the transferee is a suitable person to hold the permit, having
regard to the transferee’s record in relation to environmental and animal
welfare matters; and
(b) the transferee’s ability to meet the conditions of the
permit.
(1) This section applies to a permit issued under this Part.
(2) The Minister may, in accordance with the regulations:
(a) suspend a permit for a specified period; or
(b) cancel a permit.
(1) An application may be made to the Tribunal for review of a
decision:
(a) to issue or refuse a permit; or
(b) to specify, vary or revoke a condition of a permit; or
(c) to impose a further condition of a permit; or
(d) to transfer or refuse to transfer a permit; or
(e) to suspend or cancel a permit; or
(f) to issue or refuse a certificate under subsection 303CC(5);
or
(g) of the Secretary under a determination in force under
section 303EU; or
(h) to make or refuse a declaration under section 303FN, 303FO or
303FP; or
(i) to vary or revoke a declaration under section 303FN, 303FO or
303FP.
(2) In giving a direction as to the persons who are to constitute the
Tribunal for the purposes of a review of a decision of the Minister to issue or
refuse a permit, where any of the following provisions are relevant for the
purposes of the review:
(a) paragraph 303CG(3)(a);
(b) paragraph 303CG(3)(c);
(c) paragraph 303DG(4)(a);
(d) paragraph 303DG(4)(b);
(e) paragraph 303EN(3)(e);
the President of the Tribunal must ensure that, for the purposes of the
review, the Tribunal is constituted by, or includes, a member of the Tribunal
who, in the opinion of the President, has special knowledge or skill in relation
to environmental matters.
(3) In this section:
permit means a permit under this Part.
Tribunal means:
(a) before the commencement of Parts 4 to 10 of the Administrative
Review Tribunal Act 2001—the Administrative Appeals Tribunal;
and
(b) after the commencement of Parts 4 to 10 of the Administrative
Review Tribunal Act 2001—the Administrative Review Tribunal.
Export permit
(1) For the purposes of this Part, if the holder of a permit to export a
specimen exports that specimen, he or she is not to be taken to have exported
that specimen in accordance with that permit unless, before exporting the
specimen, he or she:
(a) produced the permit, or caused the permit to be produced, to an
authorised officer doing duty in relation to the export of the specimen;
or
(b) received written notice from the Secretary authorising the export of
the specimen without the production of the permit.
(2) The Secretary must not give the notice referred to in
paragraph (1)(b) unless he or she:
(a) is satisfied that the production of the permit is impracticable;
and
(b) endorses a copy of the permit to show that the notice is being given;
and
(c) makes that copy available to an authorised officer doing duty in
relation to the export of the specimen.
Import permit
(3) For the purposes of this Part, if the holder of a permit to import a
specimen imports that specimen, he or she is not to be taken to have imported
that specimen in accordance with that permit unless, before or within a
reasonable time after importing the specimen, he or she produced the permit, or
caused the permit to be produced, to an authorised officer doing duty in
relation to the import of the specimen.
Authorities under section 303GG
(4) If a person is given an authority under section 303GG by the
holder of a permit, this section applies to the person in a corresponding way to
the way in which it applies to the holder of the permit.
Export certificate
(1) If a person exports a specimen and wishes to rely on a certificate
issued under subsection 303CC(5), he or she is not entitled to rely on that
certificate unless, before exporting the specimen, he or she:
(a) produced the certificate, or caused the certificate to be produced, to
an authorised officer doing duty in relation to the export of the specimen;
or
(b) received written notice from the Secretary authorising the export of
the specimen without the production of the certificate.
(2) The Secretary must not give the notice referred to in
paragraph (1)(b) unless he or she:
(a) is satisfied that the production of the certificate is impracticable;
and
(b) endorses a copy of the certificate to show that the notice is being
given; and
(c) makes that copy available to an authorised officer doing duty in
relation to the export of the specimen.
Import certificate
(3) If a person imports a specimen and wishes to rely on a certificate
referred to in paragraph 303CD(6)(b), he or she is not entitled to rely on the
certificate unless, before or within a reasonable time after importing the
specimen, he or she produced the certificate, or caused the certificate to be
produced, to an authorised officer doing duty in relation to the import of the
specimen.
(1) This section applies to a permit under this Part.
(2) Such fees (if any) as are prescribed are payable in respect of the
following:
(a) the issue or the transfer of a permit;
(b) the variation or revocation of a condition of a permit;
(c) the imposition of a further condition of a permit.
Object
(1) The object of this section is:
(a) to comply with Australia’s obligations under:
(i) the Biodiversity Convention; and
(ii) CITES; and
(b) to otherwise further the objects of this Part;
by prohibiting the possession of illegally imported specimens and the
progeny of such specimens.
Note: See Article 8 of the Biodiversity
Convention.
Possession of CITES specimens and unlisted regulated live
specimens
(2) A person is guilty of an offence if:
(a) the person has in the person’s possession, in the Australian
jurisdiction, a specimen; and
(b) the specimen is:
(i) a CITES specimen; or
(ii) a regulated live specimen that is not included in the list referred
to in section 303EB;
and the person is reckless as to that fact; and
(c) the specimen does not belong to a native species.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or
both.
(3) Subsection (2) does not apply if:
(a) the specimen was lawfully imported; or
(b) the specimen was not imported, but all of the specimens of which it is
the progeny were lawfully imported.
Note 1: For lawfully imported, see
section 303GY.
Note 2: The defendant bears an evidential burden in relation
to the matters in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
(4) Subsection (2) does not apply if the specimen was neither
imported, nor the progeny of any other specimen that was imported.
Note: The defendant bears an evidential burden in relation
to the matters in subsection (4) (see subsection 13.3(3) of the Criminal
Code).
(5) Subsection (2) does not apply if the defendant has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5) (see subsection 13.3(3) of the Criminal
Code).
Possession of listed regulated live specimens
(6) A person is guilty of an offence if:
(a) the person has in the person’s possession, in the Australian
jurisdiction, a specimen; and
(b) the specimen is a regulated live specimen that is included in
Part 2 of the list referred to in section 303EB, and the person is
reckless as to that fact; and
(c) the specimen does not belong to a native species; and
(d) either:
(i) the specimen was unlawfully imported; or
(ii) the specimen was not imported, but any of the specimens of which it
is the progeny was unlawfully imported.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or
both.
(7) Subsection (6)
does not apply if the defendant has a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (7) (see subsection 13.3(3) of the Criminal
Code).
Unlawfully imported
(8) For the purposes of this section, a specimen is unlawfully
imported if, and only if, it was imported, but was not lawfully imported
(section 303GY).
(1) This section applies to regulations made for the purposes of paragraph
303CG(3)(c), 303DG(4)(b), 303EN(3)(e), 303FN(3)(c) or 303FO(3)(f).
(2) The conditions specified in those regulations in relation to a live
animal may:
(a) deal with the welfare of the animal:
(i) when the animal is taken; or
(ii) when the animal is being held after it has been taken; or
(iii) when the animal is being prepared or shipped; or
(iv) when the animal is under the control of the proposed recipient;
and
(b) may deal with eliminating or minimising the risk of:
(i) injury to the animal; or
(ii) adverse effects on the health of the animal; or
(iii) cruel treatment of the animal.
(3) The conditions specified in those regulations in relation to a live
plant may:
(a) deal with the welfare of the plant:
(i) when the plant is taken; or
(ii) when the plant is being held after it has been taken; or
(iii) when the plant is being prepared or shipped; or
(iv) when the plant is under the control of the proposed recipient;
and
(b) may deal with eliminating or minimising the risk of:
(i) injury to the plant; or
(ii) adverse effects on the health of the plant.
(4) Subsections (2) and (3) do not limit paragraph 303CG(3)(c),
303DG(4)(b), 303EN(3)(e), 303FN(3)(c) or 303FO(3)(f).
(1) A person is guilty of an offence if:
(a) the person exports or imports a live animal in a manner that subjects
the animal to cruel treatment; and
(b) the person knows that, or is reckless as to whether, the export or
import subjects the animal to cruel treatment; and
(c) the animal is a CITES specimen; and
(d) the person contravenes section 303CC or 303CD in relation to the
export or import of the animal.
Penalty: Imprisonment for 2 years.
(2) A person is guilty of an offence if:
(a) the person exports a live animal in a manner that subjects the animal
to cruel treatment; and
(b) the person knows that, or is reckless as to whether, the export
subjects the animal to cruel treatment; and
(c) the animal is a regulated native specimen; and
(d) the person contravenes section 303DD in relation to the export of
the animal.
Penalty: Imprisonment for 2 years.
(3) A person is guilty of an offence if:
(a) the person imports a live animal in a manner that subjects the animal
to cruel treatment; and
(b) the person knows that, or is reckless as to whether, the import
subjects the animal to cruel treatment; and
(c) the animal is a regulated live specimen; and
(d) the person contravenes section 303EK in relation to the import of
the animal.
Penalty: Imprisonment for 2 years.
(4) This section does not limit section 303GE.
(1) A person must not intentionally import a specimen if the person knows
that:
(a) the specimen was exported from a foreign country; and
(b) at the time the specimen was exported, the export of the specimen was
prohibited by a law of the foreign country that corresponds to this
Part.
Penalty: Imprisonment for 5 years.
(2) A prosecution must not be instituted for an offence against this
section unless a relevant CITES authority of the foreign country has
requested:
(a) the investigation of the offence; or
(b) assistance in relation to a class of offences in which the offence is
included.
(1) In any proceedings for an offence against this Part:
(a) any record kept in accordance with the regulations or another law of
the Commonwealth or a law of a State or Territory is admissible as prima
facie evidence of the facts stated in the record; and
(b) a copy of an entry in such a record, being a copy certified by the
person by whom the record is kept to be a true copy of the entry, is admissible
as prima facie evidence of the facts stated in the entry; and
(c) a document purporting to be a record kept in accordance with the
regulations or another law of the Commonwealth, or a law of a State or
Territory, or purporting to be such a certified copy as is referred to in
paragraph (b), is taken, unless the contrary is established, to be such a
record or certified copy, as the case may be.
(2) If, in any proceedings for an offence against this Part, a record
referred to in paragraph (1)(a) is tendered as prima facie evidence
of a fact stated in the record, the person alleged to have committed the offence
may require the person who kept that record to be called as a witness for the
prosecution in the proceedings.
(1) The Minister may, by writing, appoint appropriately qualified persons
to be examiners for the purposes of this Part.
(2) Subject to subsection (4), a certificate signed by an examiner
appointed under subsection (1) setting out, in relation to a substance,
matter, specimen or thing, one or more of the following:
(a) that he or she is appointed as the examiner under
subsection (1);
(b) when and from whom the substance, matter, specimen or thing was
received;
(c) what labels or other means of identification accompanied the
substance, matter, specimen or thing when it was received;
(d) what container held the substance, matter, specimen or thing when it
was received;
(e) a description, including the weight, of the substance, matter,
specimen or thing when it was received;
(f) the name of any method used to analyse the substance, matter, specimen
or thing or any portion of it;
(g) the results of any such analysis;
(h) how the substance, matter, specimen or thing was dealt with after
handling by the examiner, including details of:
(i) the quantity of the substance, matter, specimen or thing retained
after analysis; and
(ii) names of any persons to whom any of the substance, matter, specimen
or thing was given after analysis; and
(iii) measures taken to secure any retained quantity of the substance,
matter, specimen or thing after analysis;
is admissible in any proceeding for an offence against this Part as prima
facie evidence of the matters in the certificate and the correctness of
the results of the analysis.
(3) For the purposes of this section, a document purporting to be a
certificate referred to in subsection (2) is taken to be such a certificate
unless the contrary is established.
(4) A certificate is not to be admitted in evidence in accordance with
subsection (2) in proceedings for an offence against this Part
unless:
(a) the person charged with the offence; or
(b) a solicitor who has appeared for the person in those
proceedings;
has, at least 14 days before the certificate is sought to be admitted, been
given a copy of the certificate together with reasonable notice of the intention
to produce the certificate as evidence in the proceedings.
(5) Subject to subsection (6), if, under subsection (2), a
certificate is admitted in evidence in proceedings for an offence against this
Part, the person charged with the offence may require the person giving the
certificate to be called as a witness for the prosecution and cross-examined as
if he or she had given evidence of the matters stated in the
certificate.
(6) Subsection (5) does not entitle the person charged to require the
person giving a certificate to be called as a witness for the prosecution
unless:
(a) the prosecutor has been given at least 4 days notice of the
person’s intention to require the examiner to be so called; or
(b) the court, by order, allows the person charged to require the person
giving the certificate to be so called.
(7) Any evidence given in support, or in rebuttal, of a matter stated in a
certificate given under subsection (2) must be considered on its merits and
the credibility and probative value of such evidence must be neither increased
nor diminished by reason of this section.
(1) A witness for the prosecution in any proceedings for an offence
against this Part is not to be compelled to disclose:
(a) the fact that the witness received any information; or
(b) the nature of any information received by the witness; or
(c) the name of the person who gave the witness any information.
(2) An authorised officer who is a witness in any proceedings for an
offence against this Part is not to be compelled to produce any
report:
(a) that was made or received by the authorised officer in confidence in
his or her capacity as an authorised officer; or
(b) that contains information received by the authorised officer in
confidence.
(3) Subsections (1) and (2) are to be disregarded in determining the
compellability of witnesses in proceedings for an offence against a provision of
this Act other than this Part.
The regulations may provide for forms to be completed, or declarations to
be made, in relation to specimens by persons arriving in Australia or an
external Territory.
(1) This Part is in addition to the following laws:
(a) the Customs Act 1901;
(b) the Quarantine Act 1908;
(c) any other law of the Commonwealth or of an external Territory, whether
passed or made before or after the commencement of this Part.
(2) The holder of a permit under this Part authorising the export or
import of a specimen is not, by reason only of being the holder of the permit,
exempt from compliance with any law referred to in paragraph (1)(a), (b) or
(c) that applies in relation to that specimen.
(3) Without limiting subsection (1), this Part, and regulations made
for the purposes of this Part, do not authorise or permit the doing of any act
in contravention of the Quarantine Act 1908 or of a law of an external
Territory relating to quarantine.
Transhipment
(1) For the purposes of this Part, if a specimen is brought into Australia
from a country:
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft’s stores or ship’s
stores;
that specimen:
(c) is taken not to have been imported into Australia; and
(d) when it leaves Australia, is taken not to be exported from
Australia.
(2) For the purposes of this Part, if a specimen is brought into an
external Territory:
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft’s stores or ship’s
stores;
that specimen:
(c) is taken not to have been imported into that Territory; and
(d) when it leaves that Territory, is taken not to be exported from that
Territory.
(3) For the purposes of subsection (1), a specimen is to be taken to
be brought into Australia for the purpose of transhipment to another country if,
and only if:
(a) the specimen is brought into Australia in the course of being
transported to an identified person in the other country; and
(b) any delay in its leaving Australia will be due solely to the
arrangements for its transport; and
(c) it will be under the control of the Customs all the time that it is in
Australia.
(4) For the purposes of subsection (2), a specimen is taken to be
brought into an external Territory for the purpose of transhipment to another
country if, and only if:
(a) the specimen is brought into that Territory in the course of being
transported to an identified person in the other country; and
(b) any delay in its leaving that Territory will be due solely to the
arrangements for its transport; and
(c) it will be under the control of an authorised officer all the
time that it is in that Territory.
Emergency
(5) For the purposes of this Part, if:
(a) the Minister, the Director of Animal and Plant Quarantine, a
prescribed person or a prescribed organisation is satisfied that, in order to
meet an emergency involving danger to the life or health of a human or an
animal, it is necessary or desirable that a specimen that could be used in
treating that person or animal should be sent out of, or brought into, Australia
or an external Territory; and
(b) that specimen is sent out of, or brought into, Australia or that
Territory, as the case requires, to meet that emergency;
that specimen is taken not to have been exported or imported, as the case
may be.
Quarantine
(6) Subject to subsections (1), (2) and (5), if, in accordance with
the Quarantine Act 1908 or a law of an external Territory relating to
quarantine, a person exercising powers under that Act or law imports a specimen
that is subject to quarantine, then, for the purposes of this Part, that
specimen is taken to have been imported by:
(a) if a person holds a permit to import that specimen—the holder of
that permit; or
(b) in any other case—a person whose identity is not
known;
but this subsection does not affect the commission of any offence committed
before the importation of that specimen.
Definitions
(7) In this section:
aircraft’s stores and ship’s stores
have the same meanings respectively as they have in Part VII of the
Customs Act 1901.
(1) In this section:
area in the vicinity of the Protected Zone means an area in
respect of which a notice is in force under subsection (2).
Australian place means a place in Australia that is in the
Protected Zone or in an area in the vicinity of the Protected Zone.
Papua New Guinea place means a place in Papua New Guinea that
is in the Protected Zone or in an area in the vicinity of the Protected
Zone.
prescribed specimen means a specimen of a kind specified in a
notice in force under subsection (3).
Protected Zone means the zone established under Article 10 of
the Torres Strait Treaty, being the area bounded by the line described in Annex
9 to that treaty.
Torres Strait Treaty means the Treaty between Australia and
the Independent State of Papua New Guinea that was signed at Sydney on
18 December 1978.
traditional activities has the same meaning as in the Torres
Strait Treaty.
traditional inhabitants has the same meaning as in the
Torres Strait Fisheries Act 1984.
(2) The Minister may, by notice published in the Gazette, declare
an area adjacent to the Protected Zone to be an area in the vicinity of the
Protected Zone for the purposes of this section.
(3) The Minister may, by notice published in the Gazette, declare
that a specimen of a kind specified in the notice is a prescribed specimen for
the purposes of this section.
(4) For the purposes of this Part, if a prescribed specimen that is owned
by, or is under the control of, a traditional inhabitant and that has been used,
is being used or is intended to be used by him or her in connection with the
performance of traditional activities in the Protected Zone or in an area in the
vicinity of the Protected Zone, is:
(a) brought to an Australian place from a Papua New Guinea place;
or
(b) taken from an Australian place to a Papua New Guinea place;
then, subject to subsection (5), that specimen:
(c) in the case where the specimen is brought into Australia as mentioned
in paragraph (a)—is taken not to have been imported into Australia;
and
(d) in the case where the specimen is taken from Australia as mentioned in
paragraph (b)—is taken not to have been exported from
Australia.
(5) If:
(a) a prescribed specimen that has been brought into Australia is, under
subsection (4), taken not to have been imported into Australia;
and
(b) that prescribed specimen is brought to a place in Australia that is
not in the Protected Zone or in an area in the vicinity of the Protected
Zone;
the prescribed specimen is taken to have been imported into Australia upon
being brought to the place referred to in paragraph (b).
For the purposes of this Part, a specimen is lawfully
imported if, and only if, it was imported and:
(a) in a case where the specimen was imported after the commencement of
this Part—it was not imported in contravention of this Part; or
(b) in a case where the specimen was imported when the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 was in
force—it was not imported in contravention of that Act; or
(c) in a case where the specimen was imported before the commencement of
the Wildlife Protection (Regulation of Exports and Imports) Act
1982—it was not imported in contravention of:
(i) the Customs (Endangered Species) Regulations; or
(ii) the Customs (Prohibited Imports) Regulations.
(1) Scientific organisations may provide the Secretary with a list of
specimens:
(a) held by the organisation; and
(b) that are available for exchange with other scientific
organisations.
(2) The Secretary must publish on the Internet an inventory that
identifies specimens available for registered non-commercial exchanges between
scientific organisations.
(3) Where information has been provided to the Secretary under subsection
(1), the Secretary must publish the information in the inventory.
(4) The Secretary must take reasonable steps to ensure that the inventory
is maintained in an up-to-date form.
12 Subsection 391(3) (after table
item 10)
Insert:
|
10A |
303CG |
whether or not to grant a permit |
|
10AA |
303DC |
whether or not to amend the list of exempt native specimens |
|
10B |
303DG |
whether or not to grant a permit |
|
10C |
303EC |
about including an item in the list referred to
section 303EB |
|
10D |
303EN |
whether or not to grant a permit |
|
10E |
303FN |
about declaring an operation to be an approved wildlife trade
operation |
|
10F |
303FO |
about declaring a plan to be an approved wildlife trade management
plan |
|
10G |
303FP |
about declaring a plan to be an accredited wildlife trade management
plan |
|
10H |
303GB |
whether or not to grant an exceptional circumstances permit |
13 At the end of
section 397
Add:
(2) Paragraph (1)(b) does not apply for the purposes of the
application of this Act to an offence against, or a matter relating to,
Part 13A.
(3) By force of this section, for the purposes of the application of this
Act to an offence against, or a matter relating to, Part 13A, each of the
following is an inspector:
(a) each officer of Customs;
(b) each member of the police force of an external Territory;
(c) each quarantine officer (animals) (within the meaning of the
Quarantine Act 1908);
(d) each quarantine officer (plants) (within the meaning of the
Quarantine Act 1908).
Note: Part 13A deals with international movement of
wildlife specimens.
14 Subsection 399(1)
After “police force”, insert “or an officer of
Customs”.
15 Subsection 404(1)
After “other than a member of a police force”, insert “,
or an officer of Customs,”.
16 After paragraph
404(1)(a)
Insert:
(aa) in the case of an officer of Customs—produce, for inspection by
the person in charge of that vehicle, vessel, aircraft or platform, written
evidence of the fact that he or she is an officer of Customs; or
17 Subsection 404(3)
After “other than a member of a police force”, insert “,
or an officer of Customs,”.
18 After paragraph
404(3)(a)
Insert:
(aa) in the case of an officer of Customs—produce, for inspection by
that person, written evidence of the fact that he or she is an officer of
Customs; or
19 Subsection 408(4)
After “section”, insert “444A or”.
20 After paragraph
408(7)(c)
Insert:
(ca) if the authorised officer is an officer of Customs—the officer
fails to produce, for inspection by the occupier, written evidence of the fact
that he or she is an officer of Customs; or
21 Subsection 409(5)
After “section”, insert “444A or”.
22 Subsection 430(2)
After “other than a member of a police force”, insert “,
or an officer of Customs,”.
23 After paragraph
430(2)(a)
Insert:
(aa) in the case of an officer of Customs—produce, for inspection by
that person, written evidence of the fact that he or she is an officer of
Customs; and
24 Subsection 442(5)
After “other than a member of a police force”, insert “,
or an officer of Customs,”.
25 After paragraph
442(5)(a)
Insert:
(aa) in the case of an officer of Customs—produce, for inspection by
that person, written evidence of the fact that he or she is an officer of
Customs; or
26 After Division 8 of
Part 17
Insert:
When section applies
(1) This section applies if an authorised officer has reasonable grounds
to suspect that:
(a) a specimen has been exported, or is proposed to be exported, in
contravention of section 303CC or 303DD; or
(b) a specimen has been imported, or is proposed to be imported, in
contravention of section 303CD or 303EK; or
(c) a person has in the person’s possession a specimen, and that
possession contravenes section 303GN.
Note: Sections 303CC, 303CD, 303DD, 303EK and 303GN are
included in Part 13A, which deals with international movement of wildlife
specimens.
Questions
(2) If the authorised officer has reasonable grounds to suspect that a
person has information about the nature or origin of the specimen, the
authorised officer may ask the person one or more questions about the nature or
origin of the specimen.
Answers to questions
(3) Subject to subsections (6) and (7), if a person is asked a
question under subsection (2), the person must not intentionally refuse or
intentionally fail to answer the question to the extent that the person is
capable of doing so.
(4) A person who contravenes subsection (3) is guilty of an offence
punishable on conviction by a fine not exceeding 10 penalty units.
(5) In subsection (3), strict liability applies to the circumstance
that the person was asked a question under subsection (2).
Note: For strict liability, see
section 6.1 of the Criminal Code.
No requirement to give incriminating answers
(6) If a person is asked a question under subsection (2), the person
is not required to answer the question if the answer might tend to incriminate
the person or expose the person to a penalty.
Identity cards etc.
(7) If a person is asked a question under subsection (2) by an
authorised officer, the person is not required to answer the question
unless:
(a) if the authorised officer is a member of a police force—the
authorised officer produces, for inspection by the person, written evidence of
the fact that the authorised officer is a member of that police force;
or
(b) if the authorised officer is an officer of Customs—the
authorised officer produces, for inspection by the person, written evidence of
the fact that the authorised officer is an officer of Customs; or
(c) if the authorised officer is neither a member of a police force nor an
officer of Customs—the authorised officer produces the authorised
officer’s identity card for inspection by the person.
27 After paragraph
444(4)(a)
Insert:
(aa) if the authorised officer is an officer of Customs—he or she
produces, for inspection by the person, written evidence of the fact that he or
she is an officer of Customs; or
28 Before Subdivision A of Division 10 of
Part 17
Insert:
An authorised officer may seize a specimen if he or she has reasonable
grounds to suspect that the specimen has been used or otherwise involved in the
commission of an offence against Part 13A.
Note: Part 13A deals with international movement of
wildlife specimens.
(1) Subject to subsection (2), if a specimen is seized by an
authorised officer under section 444A, the authorised officer must
give:
(a) the owner of the specimen; or
(b) the person who had possession, custody or control of the specimen
immediately before it was seized;
a written notice:
(c) identifying the specimen; and
(d) stating that it has been seized under section 444A and giving the
reason for the seizure; and
(e) setting out the terms of sections 444C and 444D.
The notice must be given as soon as practicable after the
seizure.
(2) An authorised officer is not required to give a notice under
subsection (1) about a specimen if, after making such inquiries as the
authorised officer thinks appropriate, the authorised officer does not, within
30 days after the seizure, have sufficient information to enable the authorised
officer to give the notice. In that event, the authorised officer must keep a
written record of the seizure.
(1) If a specimen is seized under section 444A, the owner of the
specimen may apply in writing to the Secretary for the delivery to the owner of
the specimen.
(2) The application must be made:
(a) within 30 days after the seizure; or
(b) if a notice is given under subsection 444B(1) in relation to the
specimen—within 30 days after the giving of the notice.
(3) The application must be made on the ground that the specimen was not
used or otherwise involved in the commission of an offence against
Part 13A.
(4) If the applicant satisfies the Secretary that the ground has been
established, the Secretary must grant the application.
Note: Under section 444G, the Secretary may retain the
specimen for up to 30 days after making a decision on the
application.
(1) If a specimen is seized under section 444A, the owner of the
specimen may bring an action against the Commonwealth in a court of competent
jurisdiction for the delivery of the specimen to the owner on the ground that
the specimen was not used or otherwise involved in the commission of an offence
against Part 13A.
(2) An action under subsection (1) must be brought:
(a) within 30 days after the seizure; or
(b) if a notice is given under subsection 444B(1) in relation to the
specimen—within 30 days after the giving of the notice.
(3) If:
(a) an action is brought under subsection (1); and
(b) the court finds that the specimen was used or otherwise involved in
the commission of the offence concerned;
the court must order the specimen to be forfeited to the
Commonwealth.
(4) If:
(a) an action is brought under subsection (1); and
(b) the action is discontinued by the owner otherwise than because
of:
(i) the delivery of the specimen to the owner; or
(ii) the forfeiture of the specimen to the Commonwealth; or
(iii) the disposal of the specimen under section 449;
the specimen is forfeited to the Commonwealth.
(1) If:
(a) a specimen is seized under section 444A; and
(b) the specimen was imported from a particular foreign country;
and
(c) the export of the specimen from the foreign country was not in
contravention of a law of the foreign country that corresponds to Part 13A;
and
(d) if the importer had applied for a permit authorising the import of the
specimen, there is no reasonable likelihood that the permit would have been
granted; and
(e) the importer produces written evidence from the relevant CITES
authority of the foreign country that the specimen may be returned to the
foreign country without contravening such a law;
the Secretary may, with the consent of the owner of the specimen, consign
the specimen to a place in the foreign country.
(2) The consignment is to be at the expense of the owner of the
specimen.
If a specimen is seized under section 444A, the Secretary may
release the specimen to the owner, or to the person from whose possession the
specimen was seized, either:
(a) unconditionally; or
(b) on such conditions as the Secretary thinks fit (including conditions
about the giving of security for payment of its value if it is
forfeited).
(1) If a specimen is seized under section 444A, the specimen may be
retained until the end of 30 days after whichever is the latest of the following
events:
(a) the seizure;
(b) if a notice is given under subsection 444B(1) in relation to the
specimen—the giving of the notice;
(c) if an application is made under subsection 444C(1) in relation to the
specimen—the making of a decision on that application;
(d) if:
(i) proceedings for an offence against Part 13A are instituted during
the period within which an application may be made under subsection 444C(1) in
relation to the specimen; and
(ii) the specimen may have been used or otherwise involved in the
commission of the offence or the specimen may afford evidence of the commission
of the offence;
the termination of the proceedings (including any appeal to a court in
relation to those proceedings);
(e) if proceedings under section 444K are instituted during the
period within which an application may be made under subsection 444C(1) in
relation to the specimen—the termination of the proceedings (including any
appeal to a court in relation to those proceedings).
(2) The rule in subsection (1) does not authorise the retention of
the specimen if the owner of the specimen succeeds in an action under subsection
444D(1) for the delivery of the specimen to the owner. Nor does that rule
require the return of the specimen if proceedings under subsection 444D(1)
relating to the specimen are pending.
(1) If:
(a) a specimen is seized under section 444A; and
(b) none of the following happens before the end of the period for which
the specimen may be retained:
(i) proceedings are instituted for an offence against Part 13A, where
the specimen is alleged to have been used or otherwise involved in the
commission of the offence;
(ii) the specimen is delivered to the owner;
(iii) the owner of the specimen brings an action under subsection 444D(1)
for the delivery of the specimen to the owner;
(iv) proceedings are instituted under section 444K in relation to the
specimen;
(v) the specimen is disposed of under section 449;
the specimen is forfeited to the Commonwealth at the end of that
period.
(2) Subsection (1) has effect only to the extent (if any) to which it
gives effect to paragraph 1(b) of Article VIII of CITES.
(1) If:
(a) a specimen is seized under section 444A; and
(b) the owner of the specimen agrees to transfer ownership of the specimen
to the Commonwealth, either:
(i) unconditionally; or
(ii) in the event that a future contingency happens; and
(c) if subparagraph (b)(ii) applies—that contingency
happens;
then:
(d) the specimen becomes the property of the Commonwealth; and
(e) the provisions of this Part relating to forfeiture apply as if the
specimen had been forfeited to the Commonwealth under this Act.
(2) If:
(a) a specimen is seized under section 444A; and
(b) the owner of the specimen agrees to transfer ownership of the specimen
to the Commonwealth in the event that a future contingency happens;
the Secretary may retain the specimen:
(c) until the specimen becomes the property of the Commonwealth;
or
(d) if the specimen does not become the property of the
Commonwealth—until the occurrence of the last day on which that
contingency could have happened.
(3) Subsection (2) has effect despite anything in
section 444G.
If:
(a) a specimen is seized under section 444A; and
(b) the specimen has been used or otherwise involved in a contravention of
Part 13A;
a court may, on the application of the Secretary, order the forfeiture to
the Commonwealth of the specimen.
29 After subsection 450(1)
Insert:
(1A) If a court convicts a person of an offence against Part 13A, the
court must order the forfeiture to the Commonwealth of any specimen used or
otherwise involved in the commission of the offence.
Note: Part 13A deals with the international movement of
wildlife specimens.
30 Subsection 450(2)
After “(1)”, insert “or (1A)”.
31 Subsection 450(2)
After “thing”, insert “or specimen”.
32 At the end of
section 451
Add:
(4) The Secretary must not sell a specimen forfeited to the Commonwealth
under this Act unless, in the opinion of the Secretary, the buyer will use the
specimen for scientific or educational purposes.
32A Paragraph 489(1)(a)
Omit “or 13”, substitute “, 13 or 13A”.
32B Paragraph 489(2A)(a)
Omit “or 13”, substitute “, 13 or 13A”.
33 At the end of
section 517
Add:
(3) A determination does not apply for the purposes of:
(a) Part 13A; or
(b) the definitions of CITES I species, CITES II
species and CITES III species in
section 528.
(4) Subsection (3) does not affect the meaning of the expression
listed threatened species when used in Part 13A.
34 At the end of
section 520
Add:
(6) The regulations may prohibit or regulate the export from an external
Territory to Australia or another external Territory of:
(a) CITES specimens; and
(b) regulated native specimens.
(7) The regulations may prohibit or regulate the import into an external
Territory from Australia or another external Territory of:
(a) CITES specimens; and
(b) regulated live specimens.
(8) The regulations may prohibit or regulate the possession in an external
Territory of:
(a) specimens that have been imported into that Territory in contravention
of regulations made for the purposes of subsection (7); or
(b) the progeny of such specimens.
35 At the end of
section 522B
Add:
(3) This section is to be disregarded for the purposes of
Part 13A.
36 At the end of
section 523
Add:
(3) Subsection (2) is to be disregarded for the purposes of
Part 13A.
36A After section 523
Insert:
(1) This section applies to an action that is the making or implementation
of a plan of management (however described).
(2) To avoid doubt, the impacts of the action include the impacts of any
action that is likely to be authorised by or under, or otherwise taken in
accordance with, the plan of management.
37 At the end of Division 1 of
Part 23
Add:
(1) For the purposes of this Act, a specimen is:
(a) an animal; or
(b) animal reproductive material; or
(c) the skin, feathers, horns, shell or any other part of an animal;
or
(d) any article wholly produced by or from, or otherwise wholly derived
from, a single animal; or
(e) a plant; or
(f) plant reproductive material; or
(g) any part of a plant; or
(h) any article wholly produced by or from, or otherwise wholly derived
from, a single plant.
(2) However, a fossil, or a mineralised deposit, is not a
specimen for the purposes of this Act.
(3) In any provision of this Act, references to a specimen
are to be read as including references to an article that consists of, or is
derived from:
(a) a specimen and material other than a specimen; or
(b) 2 or more specimens; or
(c) 2 or more specimens and material other than a specimen.
(4) If an article consists of, or is derived from, 2 or more specimens,
either with or without any material other than a specimen, then this Act applies
to and in relation to that article separately in so far as it consists of, or is
derived from, each of those specimens.
(5) For the purposes of this Act:
(a) if a live animal (other than animal reproductive material) that was
bred in captivity dies, the dead animal and specimens derived from the dead
animal are taken to be specimens derived from that live animal; and
(b) if a live plant (other than plant reproductive material) that was
artificially propagated dies, the dead plant and specimens derived from the dead
plant are taken to be specimens derived from that live plant; and
(c) a specimen covered by paragraph (1)(b), (c) or (d) is taken to be
derived from the animal concerned; and
(d) a specimen covered by paragraph (1)(f), (g) or (h) is taken to be
derived from the plant concerned; and
(e) if a specimen is derived from an animal that belongs to a particular
species or taxon, the specimen is taken to belong to that species or taxon;
and
(f) if a specimen is derived from a plant that belongs to a particular
species or taxon, the specimen is taken to belong to that species or
taxon.
(6) In this section:
this Act does not include sections 356 and
390E.
For the purposes of this Act, a live animal of a particular kind is taken
to have been bred in captivity if, and only if, it was bred in
circumstances declared by the regulations to be circumstances the breeding in
which of:
(a) any live animal; or
(b) any live animal of that kind; or
(c) any live animal included in a class of live animals that includes live
animals of that kind;
would constitute breeding in captivity.
For the purposes of this Act, a live plant of a particular kind is taken
to have been artificially propagated if, and only if, it was
propagated in circumstances declared by the regulations to be circumstances the
propagation in which of:
(a) any live plant; or
(b) any live plant of that kind; or
(c) any live plant included in a class of live plants that includes live
plants of that kind;
would constitute artificial propagation.
(1) For the purposes of this Act, if a thing is represented by an
accompanying document, the package or a mark or label, or from any other
circumstances, to be:
(a) the skin, feathers, horns, shell or any other part of a CITES listed
animal; or
(b) part of a CITES listed plant; or
(c) reproductive material from a CITES listed animal or a CITES listed
plant; or
(d) an article produced by or from, or derived from, one or more CITES
listed animals or one or more CITES listed plants, whether with or without any
other material;
then the thing is taken to be a CITES specimen.
Note: This subsection has the effect (among other things) of
widening the scope of sections 303CC, 303CD and 303GN, which are offence
provisions relating to the export, import and possession of
specimens.
(2) The Minister must not issue a permit under section 303CG
authorising the export or import of a thing that is taken under
subsection (1) to be a CITES specimen unless the thing is a CITES specimen
apart from subsection (1).
(3) In this section:
CITES listed animal means an animal of a species included in
Appendix I, II or III to CITES.
CITES listed plant means a plant of a species included in
Appendix I, II or III to CITES.
export has the same meaning as in Part 13A.
import has the same meaning as in Part 13A.
38 Section 528
Insert:
animal reproductive material means:
(a) an embryo, an egg or sperm of an animal; or
(b) any other part, or product, of an animal from which another animal
could be produced.
39 Section 528
Insert:
artificially propagated, in relation to a plant or plant
reproductive material, has the meaning given by section 527C.
40 Section 528
Insert:
bred in captivity, in relation to an animal or animal
reproductive material, has the meaning given by section 527B.
41 Section 528 (definition of
CITES)
Omit “as in force for Australia immediately before the commencement
of this Act”, substitute “ as amended and in force for Australia
from time to time”.
42 Section 528
Insert:
CITES I species means a species included in the list referred
to in section 303CA, where there is a notation to the effect that the
species is included in Appendix I to CITES.
43 Section 528
Insert:
CITES I specimen means a specimen that belongs to a CITES I
species, where there is a notation in the list referred to in section 303CA
that describes the specimen.
44 Section 528
Insert:
CITES II species means a species included in the list
referred to in section 303CA, where there is a notation to the effect that
the species is included in Appendix II to CITES.
45 Section 528
Insert:
CITES II specimen means a specimen that belongs to a CITES II
species, where there is a notation in the list referred to in section 303CA
that describes the specimen.
46 Section 528
Insert:
CITES III species means a species included in the list
referred to in section 303CA, where there is a notation to the effect that
the species is included in Appendix III to CITES.
47 Section 528
Insert:
CITES III specimen means a specimen that belongs to a CITES
III species, where there is a notation in the list referred to in
section 303CA that describes the specimen.
48 Section 528
Insert:
CITES specimen means:
(a) a CITES I specimen; or
(b) a CITES II specimen; or
(c) a CITES III specimen.
49 Section 528
Insert:
country includes a place that is a territory, dependency or
colony (however described) of a foreign country.
50 Section 528
Insert:
disease means:
(a) a disease, parasite or pest that, for the purposes of the
Quarantine Act 1908, is a disease in relation to animals; or
(b) a disease, pest or plant that, for the purposes of that Act, is a
disease in relation to plants.
51 Section 528
Insert:
export, in relation to a cetacean, means:
(a) export from Australia or from an external Territory; or
(b) export from the sea;
but does not include:
(c) export from Australia to an external Territory; or
(d) export from an external Territory to Australia; or
(e) export from an external Territory to another external
Territory.
52 Section 528
Insert:
export from the sea, in relation to a cetacean, means take in
a Commonwealth marine area and then take out of that area to another country
without bringing into Australia or into an external Territory.
53 Section 528
Insert:
live animal includes animal reproductive material.
54 Section 528
Insert:
live plant includes plant reproductive material.
55 Section 528
Insert:
native amphibian means an amphibian of a native
species.
56 Section 528
Insert:
native animal means an animal of a native species.
57 Section 528
Insert:
native bird means a bird of a native species.
58 Section 528
Insert:
native mammal means a mammal of a native species.
59 Section 528
Insert:
native plant means a plant of a native species.
60 Section 528
Insert:
native reptile means a reptile of a native species.
61 Section 528
Insert:
progeny includes:
(a) in relation to an animal—any animal reproductive material of
that animal or of any progeny of that animal; and
(b) in relation to a plant—any plant reproductive material of that
plant or of any progeny of that plant; and
(c) in relation to a live animal that is animal reproductive
material—any animal resulting from that material or any progeny of such
animal; and
(d) in relation to a live plant that is plant reproductive
material—any plant resulting from that material or any progeny of such
plant.
To avoid doubt, a reference in this Act to progeny of an
animal or a plant includes a reference to any descendant of that animal or
plant.
62 Section 528
Insert:
regulated live specimen has the meaning given by
section 303EA.
63 Section 528
Insert:
regulated native specimen has the meaning given by
section 303DA.
64 Section 528 (after paragraph (c) of
the definition of species)
Insert:
(ca) for the purposes of Part 13A—a distinct population of such
biological entities; and
65 Section 528 (paragraph (d) of the
definition of species)
Before “a distinct”, insert “except for the purposes of
Part 13A—”.
66 Section 528 (at the end of the
definition of species, before the note)
Add:
In this definition, the purposes of Part 13A:
(a) include the purposes of the definitions of CITES I
species, CITES II species and CITES III
species; and
(b) do not include determining the meaning of the expression listed
threatened species when used in Part 13A.
67 Section 528
Insert:
specimen has the meaning given by
section 527A.
68 Section 528
Insert:
taxon means any taxonomic category (for example, a species or
a genus), and includes a particular population.
69 Section 528
Insert:
wildlife means:
(a) an animal; or
(b) a specimen derived from an animal; or
(c) a plant; or
(d) a specimen derived from a plant.
Part 2—Transitional
provisions relating to wildlife
70 Transitional—applications pending
immediately before this item commenced
(1) For the purposes of this item, an application for a permit or authority
to export or import a specimen is a pending application
if:
(a) the application was made by a person under the Wildlife Protection
(Regulation of Exports and Imports) Act 1982 (other than section 41 or
43A) before the commencement of this item; and
(b) the application was not withdrawn before that commencement;
and
(c) the permit or authority was neither granted, nor refused, before that
commencement.
(2) If:
(a) the pending application is an application for a permit or authority to
export or import a CITES specimen; and
(b) within 28 days after the commencement of this item, the person pays
the fee prescribed by the regulations;
the person is taken, on the day on which the fee is paid, to have made an
application (the fresh application) under section 303CE of
the Environment Protection and Biodiversity Conservation Act 1999 for a
permit to be issued under section 303CG of that Act authorising the export
or import, as the case may be, of the specimen.
(3) If:
(a) the pending application is an application for a permit or authority to
export a regulated native specimen (other than a CITES specimen); and
(b) within 28 days after the commencement of this item, the person pays
the fee prescribed by the regulations;
the person is taken, on the day on which the fee is paid, to have made an
application (the fresh application) under section 303DE of
the Environment Protection and Biodiversity Conservation Act 1999 for a
permit to be issued under section 303DG of that Act authorising the export
of the specimen.
(4) If:
(a) the pending application is an application for a permit or authority to
import a regulated live specimen (other than a CITES specimen); and
(b) within 28 days after the commencement of this item, the person pays
the fee prescribed by the regulations;
the person is taken, on the day on which the fee is paid, to have made an
application (the fresh application) under section 303EL of
the Environment Protection and Biodiversity Conservation Act 1999 for a
permit to be issued under section 303EN of that Act authorising the import
of the specimen.
(5) If information was given to the Minister in connection with the pending
application, the information is taken to have been given to the Minister in
connection with the fresh application.
(6) At the same time as the fee was paid, or at any time during the 28-day
period beginning on the day on which the fee was paid, the person may:
(a) give the Minister a written notice:
(i) setting out information relevant to the fresh application;
and
(ii) requesting the Minister to have regard to the information when
dealing with the fresh application; or
(b) give the Minister a written notice requesting the Minister to consider
the fresh application as soon as practicable.
(7) If the person gives the Minister a notice under paragraph (6)(a),
the Minister must have regard to the information when considering the fresh
application.
(8) The Minister must not consider the fresh application until whichever is
the earlier of the following days:
(a) the first day after the end of the 28-day period beginning on the day
on which the fee was paid;
(b) if the person gives the Minister a notice under paragraph (6)(a)
or (b)—the day on which the notice was given.
(9) For the purposes of the application of sections 303CF, 303CI,
303DF, 303DH, 303EM, 303EO and 303GB of the Environment Protection and
Biodiversity Conservation Act 1999 to the fresh application, the period of
40 business days is to be increased by one business day for each business day in
the period beginning on the day on which the fee was paid and ending on
whichever is the earlier of the following days:
(a) the last day of the 28-day period beginning on the day on which the
fee was paid;
(b) if the person gives the Minister a notice under paragraph (6)(a)
or (b)—the day on which the notice was given.
(10) If, before the commencement of this item, the person paid a fee in
respect of the grant of the permit or authority under the Wildlife Protection
(Regulation of Exports and Imports) Act 1982:
(a) the Commonwealth must refund the fee unless the person elects to treat
the payment as fully discharging the person’s liability to pay the fee for
the fresh application worked out under whichever of subitem (2), (3) or (4)
is applicable; and
(b) if, under paragraph (a), the person elects to treat a payment as
fully discharging the person’s liability to pay a fee under whichever of
subitem (2), (3) or (4) is applicable, the fee is taken to have been paid
when the election was made.
(11) Subsections 303CE(2), 303DE(2) and 303EL(2) of the Environment
Protection and Biodiversity Conservation Act 1999 do not apply to the fresh
application.
(12) A fee under subitem (2) must not exceed the fee that would have
been payable under subsection 303CE(2) of the Environment Protection and
Biodiversity Conservation Act 1999 if that subsection applied to the fresh
application.
(13) A fee under subitem (3) must not exceed the fee that would have
been payable under subsection 303DE(2) of the Environment Protection and
Biodiversity Conservation Act 1999 if that subsection applied to the fresh
application.
(14) A fee under subitem (4) must not exceed the fee that would have
been payable under subsection 303EL(2) of the Environment Protection and
Biodiversity Conservation Act 1999 if that subsection applied to the fresh
application.
(15) If, before the commencement of this item, any comments had been given
to the Minister in relation to the pending application in response to a notice
given under paragraph 44(1)(f) of the Wildlife Protection (Regulation of
Exports and Imports) Act 1982, those comments have effect as if they had
been given to the Minister in relation to the fresh application in response to a
notice given under subsection 303GB(7) of the Environment Protection and
Biodiversity Conservation Act 1999.
(16) The Governor-General may make regulations for the purposes of
subitem (2), (3) or (4).
(17) A fee provided for under subitem (2), (3) or (4) must be
reasonably related to the expenses incurred or to be incurred by the
Commonwealth in relation to the matters to which the fee relates and must not be
such as to amount to taxation.
(18) In this item:
grant includes give.
71 Transitional—permits or authorities in
force immediately before this item commenced
(1) For the purposes of this item, a permit or authority to export or to
import a specimen is an old permit or an old
authority if:
(a) the permit or authority was granted or given to a person under the
Wildlife Protection (Regulation of Exports and Imports) Act 1982 (other
than section 41 or 43A) before the commencement of this item; and
(b) the permit or authority was in force immediately before that
commencement; and
(c) the specimen had not been exported or imported, as the case may be,
before that commencement.
(2) If the old permit or old authority authorised the export or import of a
CITES specimen, the Environment Protection and Biodiversity Conservation Act
1999 has effect as if:
(a) the old permit or old authority were a permit issued under
section 303CG of that Act authorising the export or import, as the case may
be, of the specimen; and
(b) the person were the holder of the section 303CG permit;
and
(c) the section 303CG permit ceases to be in force when the old
permit or old authority would have ceased to be in force if this Act had not
been enacted (unless the section 303CG permit is sooner cancelled under
section 303GI of the Environment Protection and Biodiversity
Conservation Act 1999); and
(d) any conditions of the old permit or old authority were conditions of
the section 303CG permit; and
(e) a notice from the Designated Authority under paragraph 45(1)(b) of the
Wildlife Protection (Regulation of Exports and Imports) Act 1982 in
relation to the old permit or old authority were a notice from the Secretary
under paragraph 303GK(1)(b) of the Environment Protection and Biodiversity
Conservation Act 1999 in relation to the section 303CG
permit.
(3) If the old permit or old authority authorised the export of a regulated
native specimen (other than a CITES specimen), the Environment Protection and
Biodiversity Conservation Act 1999 has effect as if:
(a) the old permit or old authority were a permit issued under
section 303DG of that Act authorising the export of the specimen;
and
(b) the person were the holder of the section 303DG permit;
and
(c) the section 303DG permit ceases to be in force when the old
permit or old authority would have ceased to be in force if this Act had not
been enacted (unless the section 303DG permit is sooner cancelled under
section 303GI of the Environment Protection and Biodiversity
Conservation Act 1999); and
(d) any conditions of the old permit or old authority were conditions of
the section 303DG permit; and
(e) a notice from the Designated Authority under paragraph 45(1)(b) of the
Wildlife Protection (Regulation of Exports and Imports) Act 1982 in
relation to the old permit or old authority were a notice from the Secretary
under paragraph 303GK(1)(b) of the Environment Protection and Biodiversity
Conservation Act 1999 in relation to the section 303DG
permit.
(4) If the old permit or old authority authorised the import of a regulated
live specimen (other than a CITES specimen), the Environment Protection and
Biodiversity Conservation Act 1999 has effect as if:
(a) the old permit or old authority were a permit issued under
section 303EN of that Act authorising the import of the specimen;
and
(b) the person were the holder of the section 303EN permit;
and
(c) the section 303EN permit ceases to be in force when the old
permit or old authority would have ceased to be in force if this Act had not
been enacted (unless the section 303EN permit is sooner cancelled under
section 303GI of the Environment Protection and Biodiversity
Conservation Act 1999); and
(d) any conditions of the old permit or old authority were conditions of
the section 303EN permit.
72 Transitional—section 303EU of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if a determination was in force under
section 51D of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 immediately before the commencement of this
item.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if:
(a) the determination had been made by the Secretary under
section 303EU of the Environment Protection and Biodiversity
Conservation Act 1999; and
(b) each reference in the determination to the Designated Authority were a
reference to the Secretary; and
(c) anything done under the determination by or in relation to the
Designated Authority before the commencement of this item had been done by or in
relation to the Secretary under the corresponding provision of the
determination.
73 Transitional—section 303FN of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if:
(a) a declaration relating to specimens was in force under subsection
10A(2) of the Wildlife Protection (Regulation of Exports and Imports) Act
1982 immediately before the commencement of this item; and
(b) the declaration related to a particular operation.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if:
(a) the declaration had been made under subsection 303FN(2) of that Act;
and
(b) the operation were a wildlife trade operation; and
(c) the declaration had provided that the operation is an approved
wildlife trade operation for the purposes of section 303FN of that Act;
and
(d) the period:
(i) beginning on the day on which the declaration took effect;
and
(ii) ending when the declaration would have ceased to be in force if this
Act had not been enacted;
were specified in the declaration in accordance with subsection 303FT(4)
the Environment Protection and Biodiversity Conservation Act
1999.
74 Transitional—section 303FO of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if a declaration relating to a program was in force
under subsection 10(1) of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 immediately before the commencement of this
item.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if:
(a) the declaration had been made under subsection 303FO(2) of that Act;
and
(b) the program were a plan; and
(c) each reference in the declaration to a program were a reference to a
plan; and
(d) each reference in the declaration to an approved management program
were a reference to an approved wildlife trade management plan; and
(e) each reference in the declaration to the purposes of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 were a reference to
the purposes of section 303FO of the Environment Protection and
Biodiversity Conservation Act 1999; and
(f) the period:
(i) beginning on the day on which the declaration took effect;
and
(ii) ending when the declaration would have ceased to be in force if this
Act had not been enacted;
were specified in the declaration in accordance with subsection 303FT(4)
the Environment Protection and Biodiversity Conservation Act
1999.
75 Transitional—section 303FR of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if:
(a) before the commencement of this item, the Minister formulated a
proposal to declare specimens under section 10A of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982; and
(b) before the commencement of this item, any comments had been given to
the Minister in relation to the proposal in response to a notice given under
section 9B of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982; and
(c) the proposal related to a particular operation; and
(d) the operation is a wildlife trade operation for the purposes of
section 303FN of the Environment Protection and Biodiversity
Conservation Act 1999; and
(e) after the commencement of this item, the Minister formulates a
proposal (the new proposal) to declare the operation under
subsection 303FN(2) of the Environment Protection and Biodiversity
Conservation Act 1999.
(2) Those comments have effect as if they had been given to the Minister in
relation to the new proposal in response to a notice given under subsection
303FR(1) of the Environment Protection and Biodiversity Conservation Act
1999.
76 Transitional—section 303FR of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if:
(a) before the commencement of this item, the Minister formulated a
proposal to declare a program under section 10 of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982; and
(b) before the commencement of this item, any comments had been given to
the Minister in relation to the proposal in response to a notice given under
section 9B of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982; and
(c) the program is a plan; and
(d) after the commencement of this item, the Minister formulates a
proposal (the new proposal) to declare the plan under subsection
303FO(2) of the Environment Protection and Biodiversity Conservation Act
1999.
(2) Those comments have effect as if they had been given to the Minister in
relation to the new proposal in response to a notice given under subsection
303FR(1) of the Environment Protection and Biodiversity Conservation Act
1999.
77 Transitional—section 303FU of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if:
(a) a declaration relating to specimens was in force under subsection
10A(3) of the Wildlife Protection (Regulation of Exports and Imports) Act
1982 immediately before the commencement of this item; and
(b) the declaration related to a particular program.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if the program were
a program that, under regulations made for the purposes of section 303FU of
that Act, is taken to be an approved commercial import program.
(3) Subitem (2) ceases to have effect in relation to the program
at:
(a) the time when the declaration would have ceased to be in force if this
Act had not been enacted; or
(b) if an earlier time is specified in the regulations in relation to the
program—that earlier time.
(4) Subitem (2) does not prevent the program from becoming an approved
commercial import program under regulations made for the purposes of
section 303FU of the Environment Protection and Biodiversity
Conservation Act 1999 at any time after subitem (2) ceases to have
effect in relation to that program.
(5) The Governor-General may make regulations for the purposes of
subitem (3).
78 Transitional—section 303GS of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if an appointment was in force under section 75
of the Wildlife Protection (Regulation of Exports and Imports) Act 1982
immediately before the commencement of this item.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if:
(a) the appointment had been made under the corresponding provision of
section 303GS of the Environment Protection and Biodiversity
Conservation Act 1999; and
(b) each reference in the appointment to the purposes of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 were a reference to
the purposes of Part 13A of the Environment Protection and Biodiversity
Conservation Act 1999.
79 Transitional—section 303GX of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if a declaration was in force under subsection 8A(2)
or (3) of the Wildlife Protection (Regulation of Exports and Imports) Act
1982 immediately before the commencement of this item.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if:
(a) the declaration had been made under the corresponding provision of
section 303GX of the Environment Protection and Biodiversity
Conservation Act 1999; and
(b) each reference in the declaration to section 8A of the
Wildlife Protection (Regulation of Exports and Imports) Act 1982 were a
reference to section 303GX of the Environment Protection and
Biodiversity Conservation Act 1999.
80 Transitional—section 396 of the
Environment Protection and Biodiversity Conservation Act
1999
(1) This item applies if an appointment or determination was in force under
subsection 58(1) or (2) of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 immediately before the commencement of this
item.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if:
(a) the appointment or determination had been made under the corresponding
provision of section 396 of the Environment Protection and Biodiversity
Conservation Act 1999; and
(b) the appointment or determination was revoked at the end of the 6-month
period beginning at the commencement of this item; and
(c) in the case of a determination—each reference in the
determination to particular powers conferred on an inspector by the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 were a reference to
powers conferred on an inspector by the corresponding provisions of the
Environment Protection and Biodiversity Conservation Act 1999.
(3) This item does not prevent the Minister, at the end of that 6-month
period, from making a fresh appointment or determination under section 396
of the Environment Protection and Biodiversity Conservation Act 1999 in
terms corresponding to the first-mentioned appointment or
determination.
81 Transitional—Part 17 of the
Environment Protection and Biodiversity Conservation Act
1999
(1) Part 17 of the Environment Protection and Biodiversity
Conservation Act 1999 applies to an offence against the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 in a corresponding
way to the way in which it applies to an offence against Part 13A of the
Environment Protection and Biodiversity Conservation Act 1999.
(2) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if anything done
under Part III of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 (other than section 58 or 60) before the commencement
of this item had been done under the corresponding provision of Part 17 of
the Environment Protection and Biodiversity Conservation Act
1999.
(3) The Environment Protection and Biodiversity Conservation Act
1999 has effect, after the commencement of this item, as if anything done
under Part III of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 by or in relation to the Designated Authority before the
commencement of this item had been done by or in relation to the Secretary under
the corresponding provision of Part 17 of the Environment Protection and
Biodiversity Conservation Act 1999.
82
Transitional—regulations
(1) The regulations may make provision for matters of a transitional nature
relating to the amendments made by Part 1 of this Schedule.
(2) The Governor-General may make regulations for the purposes of
subitem (1).
83 At the end of Division 1 of
Part 3
Add:
(1) The regulations may provide that a specified action is taken to be an
action to which a specified regulatory provision applies.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(2) To avoid doubt, if, as a result of a regulation made for the purposes
of subsection (1), a regulatory provision applies to an action, the action
is taken to be described in the provision.
(3) Regulations made for the purposes of subsection (1) may only
specify actions:
(a) taken in a Territory; or
(b) taken in a Commonwealth marine area; or
(c) taken for the purpose of trade or commerce:
(i) between Australia and another country; or
(ii) between 2 States; or
(iii) between a State and a Territory; or
(iv) between 2 Territories; or
(d) taken by a constitutional corporation; or
(e) whose regulation is appropriate and adapted to give effect to
Australia’s obligations under an agreement with one or more other
countries.
(4) Regulations specifying an action whose regulation is appropriate and
adapted to give effect to Australia’s obligations under an agreement with
one or more countries must specify the agreement.
(5) In this section:
regulatory provision means:
(a) a civil penalty provision set out in this Division; or
(b) a provision of this Division that creates an offence.
Contravention
(1) The Minister may issue a written certificate:
(a) stating that a specified person has contravened, or is contravening, a
specified civil penalty provision set out in this Division; and
(b) setting out particulars of that contravention.
(2) The Minister may issue a certificate under subsection (1)
relating to a particular contravention if the Minister has reason to believe
that the person concerned has committed, or is committing, the
contravention.
(3) To avoid doubt, a certificate under subsection (1) may be issued
even if any relevant proceedings under section 475 or 481 have been
instituted.
Proposal
(4) The Minister may issue a written certificate stating that, if a
specified person were to carry out a proposal to engage in specified conduct,
that conduct would contravene a specified civil penalty provision set out in
this Division.
(5) The Minister may issue a certificate under subsection (4) if the
Minister has reason to believe that:
(a) the person proposes to engage in the conduct concerned; and
(b) the conduct would contravene the civil penalty provision
concerned.
(6) To avoid doubt, a certificate under subsection (4) may be issued
even if any relevant proceedings under section 475 have been
instituted.
As soon as practicable after issuing a certificate under subsection
25B(1) or (4), the Minister must give a copy of the certificate to the person
concerned.
(1) In any proceedings under section 475 or 481, a certificate under
subsection 25B(1) is prima facie evidence of the matters in the
certificate.
(2) In any proceedings under section 475, a certificate under
subsection 25B(4) is prima facie evidence of the matters in the
certificate.
(3) A document purporting to be a certificate under subsection 25B(1) or
(4) must, unless the contrary is established, be taken to be such a certificate
and to have been properly issued.
(4) The Minister may certify that a document is a copy of a certificate
under subsection 25B(1) or (4).
(5) This section applies to the certified copy as if it were the
original.
(1) The Minister may vary a certificate under subsection 25B(1) or (4) so
long as the variation is of a minor nature.
(2) If a certificate is varied, the Minister must give the person
concerned a written notice setting out the terms of the variation.
(1) The Minister may revoke a certificate under subsection 25B(1) or
(4).
(2) If a certificate is revoked, the Minister must give the person
concerned a written notice stating that the certificate has been
revoked.
83A At the end of Part 4
Add:
(1) A person may take an action described in a provision of Part 3 without
an approval under Part 9 for the purposes of the provision if:
(a) the action consists of a use of land, sea or seabed; and
(b) the action was specifically authorised under a law of the
Commonwealth, a State or a self-governing Territory before the commencement of
this Act; and
(c) immediately before the commencement of this Act, no further
environmental authorisation was necessary to allow the action to be taken
lawfully.
(2) In this section:
environmental authorisation means an authorisation under a
law of the Commonwealth, a State or a self-governing Territory that has either
or both of the following objects (whether express or implied):
(a) to protect the environment;
(b) to promote the conservation and ecologically sustainable use of
natural resources.
(1) A person may take an action described in a provision of Part 3 without
an approval under Part 9 for the purposes of the provision if the action is a
lawful continuation of a use of land, sea or seabed that was occurring
immediately before the commencement of this Act. For this purpose, an
enlargement, expansion or intensification of use is not a continuation
of a use.
(2) However, subsection (1) does not apply to an action that was
specifically authorised under a law of the Commonwealth, a State or a
self-governing Territory before the commencement of this Act.
Note: Section 43A applies to actions that were specifically
authorised under a law before the commencement of this Act.
84 At the end of
section 70
Add:
Deemed referral of proposal
(3) If:
(a) the Minister has made a request under subsection (1);
and
(b) the period for compliance with the request has ended; and
(c) the requested person has not referred the proposal to the Minister in
accordance with the request;
the Minister may, within 20 business days after the end of that period,
determine in writing that this Act has effect as if:
(d) if paragraph (1)(a) applies—the requested person had
referred the proposal to the Minister under subsection 68(1) at the time the
determination was made; or
(e) if paragraph (1)(b) applies—the requested person had
referred the proposal to the Minister under subsection 69(1) at the time the
determination was made.
(4) A determination under subsection (3) has effect
accordingly.
(5) A copy of a determination under subsection (3) is to be given to
the requested person.
(6) Subsection 68(3) and section 72 do not apply to a referral
covered by subsection (3) of this section.
(7) Despite subsection 74(4), section 74 applies to a referral
covered by subsection (3) of this section.
(8) Subsection 74(3) applies to a referral covered by subsection (3)
of this section as if the reference in paragraph 74(3)(a) to the referral were a
reference to the determination concerned.
84A Subsection 146(1)
Repeal the subsection, substitute:
(1) The Minister may agree in writing with a person responsible for the
adoption or implementation of a policy, plan or program that an assessment be
made of the impacts of actions under the policy, plan or program on a matter
protected by a provision of Part 3.
84B Subsection 146(2) (note
1)
Omit “relevant”.
84C Paragraph 148(1)(a)
Repeal the paragraph, substitute:
(a) make an agreement with the Minister under section 146 for assessment
of the impacts of actions under the plan on each matter protected by a provision
of Part 3; and
84D Paragraph 148(2)(a)
Repeal the paragraph, substitute:
(a) make an agreement under section 146 with the Minister (the
Environment Minister) administering this section for assessment of
the impacts of actions under the plan on each matter protected by a provision of
Part 3; and
84E Paragraph 149(a)
Repeal the paragraph, substitute:
(a) make an agreement with the Minister under section 146 for assessment
of the impacts of actions on each matter protected by a provision of Part 3,
being actions permitted under the Authority’s policy for managing the
fishery; and
84F Subsection 150(2)
Repeal the subsection, substitute:
Two-thirds of fisheries to be covered by agreements in 3 years
(2) Before the day that is the third anniversary of this Act commencing,
the Australian Fisheries Management Authority must make agreements with the
Minister under section 146 for assessment of the impacts of actions on each
matter protected by a provision of Part 3, being actions that are permitted
under the Authority’s policies for managing at least
2/3 of the fisheries.
84G Subsection 150(3)
Repeal the subsection, substitute:
All fisheries to be covered by agreements in 5 years
(3) Before the day that is the fifth anniversary of this Act commencing,
the Australian Fisheries Management Authority must make agreements with the
Minister under section 146 for assessment of the impacts of actions on each
matter protected by a provision of Part 3, being actions that are permitted
under the Authority’s policies for managing the fisheries.
84H Subsection 151(2)
Repeal the subsection, substitute:
Policies for all actions to be covered by agreements in 5
years
(2) Before the day that is the fifth anniversary of this Act commencing,
the Minister administering the Torres Strait Fisheries Act 1984 must make
agreements under section 146 with the Minister administering this section for
assessment of the impacts of the actions on each matter protected by a
provision of Part 3, being actions that are permitted by policies under that
Act.
84J Subsection 516A(6)
Omit “actions” (wherever occurring), substitute
“activities”.
84K At the end of section
516A
Add:
(7) In subsection (6):
activities includes:
(a) developing and implementing policies, plans, programs and legislation;
and
(b) the operations of a department, authority, company or agency referred
to in this section.
84L Section 522B
Repeal the section.
84M Subsection 523(2)
Repeal the subsection.
85 Section 524B
Repeal the section.
85A Section 528 (definition of
continuation)
Omit “subsection 523(2)”, substitute “section
43B”.
86 Section 528 (definition of
significant)
Repeal the definition.
Wildlife Protection
(Regulation of Exports and Imports) Act 1982
1 The whole of the Act
Repeal the Act.
2 Transitional—section 75 of the
Wildlife Protection (Regulation of Exports and Imports) Act
1982
Despite the repeal of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 by this Schedule, section 75 of that Act continues to
apply, after the commencement of this item, in relation to a proceeding for an
offence against that Act committed before that commencement, as if that Act had
not been repealed.
3 Transitional—section 75A of the
Wildlife Protection (Regulation of Exports and Imports) Act
1982
Despite the repeal of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 by this Schedule, section 75A of that Act continues
to apply, after the commencement of this item, in relation to a proceeding for
an offence against that Act committed before that commencement, as if that Act
had not been repealed.
4
Transitional—regulations
(1) The regulations may make provision for matters of a transitional nature
relating to the repeal of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 by this Schedule.
(2) The Governor-General may make regulations for the purposes of
subitem (1).
1 Paragraph 5(2)(b)
Omit “the Wildlife Protection (Regulation of Exports and Imports)
Act 1982”, substitute “Part 13A of the Environment
Protection and Biodiversity Conservation Act 1999”.