WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982No.
149 of 1982
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
5. Saving of other laws
6. Application of Act
7. Act to bind Crown
8. Act not to apply to certain specimens
9. Variation of Schedules
10. Approved management programs
11. Approved institutions
12. Approved zoological organizations
13. Inter zoological gardens transfer
14. Breeding in captivity
15. Artificial propagation
16. Export of household pets
17. Designated Authority
18. Constitution of Designated Authority
19. Remuneration and allowances of Designated Authority
20. Acting Designated Authority
PART II-REGULATION OF EXPORT AND IMPORT OF SPECIMENS
Division 1-Prohibition of certain exports and imports
21. Certain exports prohibited
22. Certain imports prohibited
Division 2-Permits to export or to import specimens
23. Application for permit
24. Grant of permit
Division 3-Requirements for permits to export specimens
25. Permits to export not to be granted if detrimental to survival
of kind of animals or plants
26. Permits to export not to be granted in respect of specimens
unlawfully obtained, &c.
27. Requirements for permits to export live animals and live plants
28. Requirements for permits to export-Schedule 1
29. Requirements for permits to export-Schedule 2
30. Requirements for permits to export-Schedule 3
31. Requirements for permits to export-Native Australian animals
and plants
32. Permits to re-export
Division 4-Requirements for permits to import specimens
33. Permits to import not to be granted if detrimental to survival
of kind of animals or plants
34. Requirements for permits to import live animals and live plants
35. Requirements for permits to import certain live animals and
live plants
36. Requirements for permits to import-Schedule 1
37. Requirements for permits to import-Schedule 2
38. Requirements for permits to import-Schedule 3
Division 5-Authorities to export or to import specimens
39. Application for authority
40. Register of scientific organizations
41. Authority to export or import scientific specimens
42. Authority to export or import artificially propagated plants
43. Authority to export or import for the purposes of travelling
circuses,&c.
44. Authority to export or import in exceptional circumstances
Division 6-Permits and Authorities
45. Permit or authority to be produced
46. Revocation, &c., of permits and authorities
47. Conditions in respect of permits and authorities
48. Compliance with conditions of permit or authority
49. Applications to Minister to vary operation of permits and
authorities
50. Conditions relating to imported animals
51. Conditions relating to imported plants
Division 7-Miscellaneous
52. Matters published in Gazette
53. Possession of illegally imported specimens
54. Specimens in personal effects of visitors to Australia
55. Specimens in personal effects of intending residents of
Australia
56. Specimens in personal effects of residents of Australia
57. Uncertainty regarding specimen
PART III-ADMINISTRATION
58. Appointment of inspectors
59. Inspectors ex officio
60. Arrangements for State and Territory officers to be inspectors
61. Identity cards
62. Boarding of vessels, &c., by inspectors
63. Access to premises
64. Functions of inspectors
65. Powers of arrest of inspectors
66. Persons to assist inspectors
67. Power to search baggage
68. Obstruction of inspectors
69. Seizure and forfeiture of specimens
70. Disposal of certain live animals and plants seized
71. Seizure and forfeiture of goods involved in offences
72. False statements
73. Indictable offences
74. Evidence
75. Evidence of analyst
76. Delegation
77. Arrangements by Minister
78. Co-operation with States and Territories
79. Fees
80. Review of decisions
81. Regulations
82. Customs (Endangered Species) Regulations
SCHEDULE 1
Specimens the export or import of which, otherwise than in accordance
with a permit or an authority, is prohibited, and in relation to which
sections 28 and
36 apply
SCHEDULE 2
Specimens the export or import of which, otherwise than in accordance
with a permit or an authority, is prohibited, and in relation to which
sections 29 and
37 apply
SCHEDULE 3
Specimens the export or import of which, otherwise than in accordance
with a permit or an authority, is prohibited, and in relation to which
sections 30 and
38 apply
SCHEDULE 4
Specimens that are, or are derived from, native Australian animals or
native Australian plants and the export of which is not prohibited by
paragraph 21 (b)
SCHEDULE 5
Live animals and live plants the import of which is not prohibited by
paragraph
22 (b) and in relation to which section 9 does not apply
SCHEDULE 6
Live animals and live plants the import of which is not prohibited by
paragraph
22 (b) and in relation to which section 9 applies
SCHEDULE 7
Species of native Australian animals eligible to be treated as household
pets
SCHEDULE 8
Convention on International Trade in Endangered Species of Wild Fauna
and Flora
PART I-PRELIMINARY
SECT. 1. Short title.
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An Act to further the protection and conservation of wildlife by regulating the
export and import of certain animals, plants and goods, and for related purpose
s
(Assented to 31 December 1982)
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1. This Act may be cited as the Wildlife Protection (Regulation of
Exports and Imports) Act 1982.
SECT. 2. Commencement
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2. This Act shall come into operation on a date to be fixed by
Proclamation.
SECT. 3. Object of Act
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3. The object of this Act is to comply with the obligations of
Australia under the Convention and otherwise to further the protection
and conservation of the wild fauna and flora of Australia and of other
countries by-
(a) regulating the export of specimens that are, or are derived
from, native Australian animals or native Australian plants;
(b) regulating the export and import of specimens that are, or are
derived from, animals, or plants, of a kind that are threatened with
extinction;
(c) regulating the export and import of specimens that are, or are
derived from, animals, or plants, of a kind that might become threatened
with extinction if international trade in such specimens were not
regulated;
(d) regulating the export and import of specimens that are, or are
derived from, animals, or plants, of a kind that require, or might
require, special protection by way of the regulation of international
trade in such specimens;
(e) regulating the import of animals and plants of a kind the
establishment of which in Australia or an external Territory could have
an adverse effect (otherwise than by reason of a disease) on, or on the
habitats of, native Australian animals or native Australian plants;
(f) regulating the export of specimens that are difficult to
distinguish from specimens referred to in paragraph (a), (b), (c) or
(d); and
(g) regulating the import of specimens that are difficult to
distinguish from specimens referred to in paragraph (b), (c), (d) or
(e).
SECT. 4. Interpretation
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4. (1) In this Act, unless the contrary intention appears-
"animal" means any member, alive or dead, of the animal kingdom (other
than man);
"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;
"animal specimen" means-
(a) an animal;
(b) animal reproductive material;
(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;
"approved institution" means an organization declared by a declaration
in force under section 11 to be an approved institution in relation to a
class, or classes, of specimens;
"approved management program" means a management program declared by a
declaration in force under section 10 to be an approved management
program;
"approved zoological organization" means a zoological organization
declared by a declaration in force under section 12 to be an approved
zoological organization in relation to a class, or classes, of
specimens;
"article" includes a substance or a mixture of substances;
"artificially propagated", in relation to a plant or plant
reproductive material, has the meaning given by section 15;
"authority" means an authority to export or to import a specimen given
under section 41, 42, 43 or 44;
"bred in captivity", in relation to an animal or animal reproductive
material, has the meaning given by section 14;
"care", in relation to an animal or a plant, includes, where
appropriate, the provision of suitable housing for the animal or plant;
"coastal sea"-
(a) in relation to Australia, means-
(i) the territorial sea of Australia; and
(ii) the sea on the landward side of the territorial sea of
Australia; and
(b) in relation to an external Territory, means-
(i) the Territorial sea of that Territory; and
(ii) the sea on the landward side of the territorial sea of that
Territory;
"continental shelf", in relation to Australia or to an external
Territory, has the same meaning as it has for the purposes of the Seas
and Submerged Lands Act 1973;
"Convention" means the Convention on International Trade in Endangered
Species of Wild Fauna and Flora done at Washington in the United States
of America on 3 March 1973 (a copy of the version of which in the
English language, apart from the Appendices to it, is set out in
Schedule 8);
"Designated Authority" means the Designated Authority established by
section 17;
"Director" means the Director of National Parks and Wildlife appointed
under the National Parks and Wildlife Conservation Act 1975;
"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;
"export" means export from Australia or from an external Territory,
but does not include-
(a) export from Australia to a prescribed Territory;
(b) export from a prescribed Territory to Australia; and
(c) export from a prescribed Territory to the other prescribed
Territory;
"fish" means any animal that is a member of the class Pisces, and
includes a shark, a skate and a ray;
"holder" means-
(a) in relation to a permit-the person who has been granted that
permit; or
(b) in relation to an authority-the person who has been given that
authority;
"import" means import (including import by way of introduction from
the sea) into Australia or into an external Territory, but does not
include-
(a) import into Australia from a prescribed Territory;
(b) import into a prescribed Territory from Australia; and
(c) import into a prescribed Territory from the other prescribed
Territory;
"inspector" means-
(a) a person appointed as an inspector under section 58;
(b) a person who is an inspector by virtue of section 59; or
(c) a person who is an inspector by virtue of an arrangement
entered into under sub-section 60 (1), (2) or (3);
"inter zoological gardens transfer" has the meaning given by section
13;
"live animal" includes animal reproductive material;
"live plant" includes plant reproductive material;
"management program" means a program for the protection, conservation
or management of animals or of plants, or of both;
"marine environment" means the sea, and includes-
(a) the air space above the sea; and
(b) the sea-bed and subsoil beneath the sea;
"native Australian animal" means-
(a) an animal of a species that is indigenous to Australia or to an
external Territory;
(b) an animal of a species that is indigenous to the coastal sea of
Australia or of an external Territory or to the sea-bed or subsoil
beneath that sea;
(c) an animal of a species that is indigenous to the continental
shelf of Australia or of an external Territory or to the superjacent
waters;
(d) a migratory animal of a species that periodically or
occasionally visits Australia or an external Territory, the coastal sea
of Australia or of an external Territory, or the sea over the
continental shelf of Australia or of an external Territory; or
(e) an animal of a species that is not indigenous to Australia but
was present in Australia before the year 1788;
"native Australian plant" means-
(a) a plant of a species that is indigenous to Australia or to an
external Territory;
(b) a plant of a species that is indigenous to the coastal sea of
Australia or of an external Territory or to the sea-bed or subsoil
beneath that sea;
(c) a plant of a species that is indigenous to the continental
shelf of Australia or of an external Territory or to the superjacent
waters; or
(d) a plant of a species that is not indigenous to Australia but
was present in Australia before the year 1788;
"offence against this Act" includes-
(a) an offence against section 6, 7 or 7A of the Crimes Act 1914 in
relation to this Act; and
(b) an offence against sub-section 86 (1) of the Crimes Act 1914 by
virtue of paragraph (a) of that sub-section, being an offence in
relation to an offence against this Act;
"officer of Customs" has the same meaning as it has in the Customs Act
1901;
"permit" means a permit to export or to import a specimen granted
under section 24;
"plant" means a member, alive or dead, of the plant kingdom;
"plant reproductive material" means-
(a) a seed or spore of a plant;
(b) a cutting from a plant; or
(c) any other part, or product, of a plant from which another plant
can be produced;
"plant specimen" means-
(a) a plant;
(b) plant reproductive material;
(c) any part of a plant; and
(d) any article wholly produced by or from, or otherwise wholly
derived from, a single plant;
"premises" includes land;
"prescribed scientific organization" means a scientific organization
included in a class of scientific organizations declared by the
regulations to be a prescribed class of scientific organizations for the
purposes of this Act;
"prescribed scientific research" means scientific research engaged in
by a prescribed scientific organization;
"prescribed Territory" means-
(a) the Coral Sea Islands Territory; and
(b) the Territory of Ashmore and Cartier Islands;
"progeny" includes-
(a) in relation to a live animal-any animal reproductive material
of that animal or of any progeny of that animal;
(b) in relation to a live plant-any plant reproductive material of
that plant or of any progeny of that plant;
(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;
"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 authority", in relation to a country, means-
(a) where the country is a party to the Convention-a Management
Authority of that country; or
(b) where the country is not a party to the Convention-the
competent authority of that country within the meaning of Article X of
the Convention;
"sender", in relation to a specimen that is imported into Australia or
into 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;
"scientific organization" means an organization engaged in scientific
research;
"specimen" means-
(a) an animal specimen; or
(b) a plant specimen;
"take" includes-
(a) in relation to an animal-catch, capture, trap and kill; and
(b) in relation to a plant specimen-pick, gather and cut;
"territorial sea", in relation to Australia or to an external
Territory, has the same meaning as it has for the purposes of the Seas
and Submerged Lands Act 1973;
"vessel" means a vessel or boat of any description, and includes-
(a) an air-cushion vehicle or other similar craft; and
(b) any floating structure;
"zoological organization" means an organization engaged in the
exhibition or breeding of wild animals.
(2) For the purposes of this Act, where an article consists of, or is
derived from-
(a) a specimen and other material;
(b) 2 or more specimens; or
(c) 2 or more specimens and other material,
that article shall be deemed to be separate articles, being-
(d) that specimen and an article consisting of that material;
(e) each of those specimens; or
(f) each of those specimens and an article consisting of that
material,
as the case may be.
(3) A reference in this Act to a country shall be read as including a
reference to a place that is a territory, dependency or colony (however
described) of another country.
(4) For the purposes of this Act, a specimen shall be taken to have
been imported into Australia or into an external Territory by way of
introduction from the sea if, and only if, the specimen was taken in the
marine environment not under the jurisdiction of any country and then
imported into Australia or the external Territory, as the case may be,
without having been imported into any other country.
(5) For the purposes of this Act-
(a) where a live animal (other than animal reproductive material)
that was bred in captivity dies, the dead animal and specimens derived
from the dead animal shall be taken to be specimens derived from that
live animal; and
(b) where a live plant (other than plant reproductive material)
that was artificially propagated dies, the dead plant and specimens
derived from the dead plant shall be taken to be specimens derived from
that live plant.
(6) A reference in this Act to a member of the Australian Federal
Police or to a member of a police force shall be read as including a
reference to a special member of the Australian Federal Police.
(7) Except so far as the contrary intention appears, an expression
that is used in this Act without being defined in, or having a
particular meaning assigned to it by, this Act and is used in the
Convention (whether or not it is defined in, or a particular meaning is
assigned to it by, the Convention) has, in this Act, the same meaning as
it has in the Convention.
(8) For the purposes of this Act, the doing of any thing to, or with,
a live animal or a live plant (including killing the animal or plant or
doing, or failing to do, any thing in relation to the housing of the
animal or plant) for the purposes of scientific research shall not be
taken to be failure to provide suitable care for the animal or plant.
(9) For the purposes of this Act, where the common name of a kind of
animal or plant is set out in a Schedule next to or under a taxon, that
common name does not affect the meaning of that taxon.
(10) For the purposes of this Act, a genus, species or sub-species
referred to in a description set out in a Part of a Schedule shall not
be taken to be specified in that Part.
SECT. 5. Saving of other laws
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5. (1) This Act and the regulations shall be read and construed as
being in addition to, and not in derogation of or in substitution for-
(a) the Customs Act 1901;
(b) the Quarantine Act 1908; or
(c) any other law of the Commonwealth or of an external Territory,
whether passed or made before or after the commencement of this Act.
(2) A person who is the holder of a permit or an authority to export
or to import a specimen is not, by reason only of being the holder of
the permit or authority, 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 the generality of sub-section (1), this Act and
the regulations shall not be read or construed as authorizing or
permitting the doing of any act in contravention of the Quarantine Act
1908 or of a law of an external Territory relating to quarantine.
SECT. 6. Application of Act
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6. This Act applies both within and outside Australia and extends to
every external Territory.
SECT. 7. Act to bind Crown
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7. This Act binds the Crown in right of the Commonwealth, of each of
the States, of the Northern Territory and of Norfolk Island.
SECT. 8. Act not to apply to certain specimens
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8. (1) For the purposes of this Act, where a specimen is brought into
Australia from a country (other than a prescribed 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) shall be taken not to have been imported into Australia; and
(d) when it leaves Australia, shall be taken not to be exported
from Australia.
(2) For the purposes of this Act, where a specimen is brought into an
external Territory (other than a prescribed 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) shall be taken not to have been imported into that Territory;
and
(d) when it leaves that Territory, shall be taken not to be
exported from that Territory.
(3) For the purposes of this Act, where a prescribed organization
sends a specimen out of, or brings a specimen into, Australia or an
external Territory for the purpose of using the specimen in a diagnostic
test that is to be carried out in an endeavour to identify a disease of
humans, animals or plants, that specimen shall be taken not to have been
exported or imported, as the case may be.
(4) For the purposes of this Act, where-
(a) a prescribed person or a prescribed organization 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 shall be taken not to have been exported or imported, as
the case may be.
(5) For the purposes of this Act, where, 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 brings into
Australia or an external Territory a specimen that is subject to
quarantine, that specimen shall be taken not to have been imported
unless and until it is released from quarantine.
(6) 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.
SECT. 9. Variation of Schedules
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9. (1) The Minister may, by instrument under his hand published in the
Gazette, declare that a Schedule, not being Schedule 5 or 8, specified
in the
instrument shall be deemed to be amended in a manner specified in the
instrument, and that declaration shall have effect accordingly.
(2) Sections 48 (other than paragraph (1) (a)), 49 and 50 of the Acts
Interpretation Act 1901 apply in relation to declarations under
sub-section (1)
as if, in those sections, references to regulations were references to
declarations.
(3) For the purposes of section 8 of the Acts Interpretation Act
1901, a declaration under sub-section (1) that is deemed to amend a
Schedule by
way of repealing part of that Schedule shall be deemed to be an Act that
repeals
that part of that Schedule.
(4) The Minister will take all necessary action to ensure that, where
a
Schedule is deemed to be amended by virtue of a declaration in force
under
sub-section (1), a copy of that Schedule as deemed to be amended is
readily
available, on the payment of such fee (if any) as is prescribed, to any
member
of the public who might wish to export or to import, or is otherwise
concerned
with the export or import of, specimens.
10. (1) Subject to any regulations referred to in sub-section (2), the
Minister may, by instrument under his hand published in the Gazette,
declare a management program that is being, is proposed to be, or has
been, carried out, in Australia, in an external Territory or in another
country to be an approved management program for the purposes of this
Act.
(2) The regulations-
(a) may provide that the Minister shall not declare a management
program to be an approved management program unless he is satisfied of
certain matters in relation to the program; or
(b) may prescribe matters that are to be taken into account by the
Minister when determining whether he shall declare a management program
to be an approved management program.
SECT. 11. Approved institutions
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11. (1) Subject to any regulations referred to in sub-section (2), the
Designated Authority may, by instrument under his hand published in the
Gazette, declare an organization in Australia, in an external Territory
or in another country, being an organization that is engaged in
activities relating to live animals or live plants, to be an approved
institution in relation to a class, or classes, of specimens specified
in the instrument.
(2) The regulations-
(a) may provide that the Designated Authority shall not declare an
organization referred to in sub-section (1) to be an approved
institution in relation to any class, a particular class, or particular
classes, of specimens unless he is satisfied of certain matters in
relation to the organization; or
(b) may prescribe matters that are to be taken into account by the
Designated Authority when determining whether he will declare an
organization referred to in sub-section (1) to be an approved
institution in relation to any class, a particular class, or particular
classes, of specimens.
(3) An organization referred to in sub-section (1) may apply, in
writing, to the Designated Authority to be declared to be an approved
institution in relation to a class, or classes, of specimens specified
in the application.
12. (1) Subject to any regulations referred to in sub-section (2), the
Designated Authority may, by instrument under his hand published in the
Gazette, declare a zoological organization in Australia, in an external
Territory or in another country to be an approved zoological
organization in relation to a class, or classes, of specimens specified
in the instrument.
(2) The regulations-
(a) may provide that the Designated Authority shall not declare a
zoological organization to be an approved zoological organization in
relation to any class, a particular class, or particular classes, of
specimens unless he is satisfied of certain matters in relation to the
organization; or
(b) may prescribe matters that are to be taken into account by the
Designated Authority when determining whether he will declare a
zoological organization to be an approved zoological organization in
relation to any class, a particular class, or particular classes, of
specimens.
(3) A zoological organization may apply, in writing, to the Designated
Authority to be declared to be an approved zoological organization in
relation to a class, or classes, of specimens specified in the
application.
SECT. 13. Inter zoological gardens transfer
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13. For the purposes of this Act, the export or the import of an
animal specimen shall be taken to be an inter zoological gardens
transfer if, and only if-
(a) the exporter or the sender, as the case may be, is an approved
zoological organization in relation to a class of specimens that
includes that specimen;
(b) in the case of a specimen that is a live animal-the animal is
not required by the exporter or the sender, as the case may be, for the
purposes of breeding or exhibition;
(c) in the case of a specimen, other than a specimen that is, or is
derived from, a live animal that was bred in captivity-the specimen was
not purchased or otherwise obtained for the purposes of trade; and
(d) the recipient is an approved zoological organization in
relation to a class of specimens that includes that specimen.
SECT. 14. Breeding in captivity
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14. For the purposes of this Act, a live animal of a particular kind
shall be 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;
(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.
SECT. 15. Artificial propagation
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15. For the purposes of this Act, a live plant of a particular kind
shall be 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;
(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.
SECT. 16. Export of household pets
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16. The export of a live native Australian animal from Australia or
from an external Territory is an export of a household pet in accordance
with this section if-
(a) the animal is an animal of a species specified in Schedule 7;
(b) the exporter has owned and kept the animal as a household pet
for not less than 3 years immediately preceding the export;
(c) the exporter has been ordinarily resident in Australia or that
Territory, as the case may be, for not less than 4 years immediately
preceding the export;
(d) the exporter is leaving Australia or that Territory, as the
case may be, with the intention of taking up permanent residence in
another country; and
(e) it is not proposed to export any animal of that species that
has been kept as a household pet by the exporter or the members of the
household of the exporter other than that animal or that animal and one
other animal of that species.
SECT. 17. Designated Authority
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17. There shall be a Designated Authority for the purposes of this
Act.
SECT. 18. Constitution of Designated Authority
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18. (1) On and after the commencement of this Act and unless and until
any appointment is made under sub-section (2), the Designated Authority
is the Director, but the Director may resign the office of Designated
Authority under sub-section (5).
(2) Subject to sub-section (1), the Designated Authority-
(a) shall be a person appointed by the Minister;
(b) shall be appointed on a part-time basis;
(c) holds office at the pleasure of the Minister; and
(d) may be the Director or a person who is an officer or employee
within the meaning of the Public Service Act 1922.
(3) A person shall not be appointed to be the Designated Authority
unless he has such qualifications and experience in connection with the
conservation or management of wild animals and wild plants as, in the
opinion of the Minister, render him suitable for the appointment.
(4) The Designated Authority holds office on such terms and conditions
(if any) in respect of matters not provided for by this Act as are
determined by the Minister.
(5) The Designated Authority may resign his office by writing signed
by him and delivered to the Minister.
SECT. 19. Remuneration and allowances of Designated Authority
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19. (1) The Designated Authority shall be paid such remuneration as is
determined by the Remuneration Tribunal but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.
(2) The Designated Authority shall be paid such allowances as are
prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act
1973.
20. (1) The Minister may appoint a person to act as the Designated
Authority-
(a) during a vacancy in the office of Designated Authority; or
(b) during any period, or during all periods, when the Designated
Authority is absent from duty or from Australia or is, for any other
reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to
act for more than 12 months.
(2) An appointment of a person under sub-section (1) may be expressed
to have effect only in such circumstances as are specified in the
instrument of appointment.
(3) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as the Designated
Authority; and
(b) terminate such an appointment at any time.
(4) Where a person is acting as Designated Authority in accordance
with paragraph (1) (b) and the office of Designated Authority becomes
vacant while that person is so acting, then, subject to sub-section (2),
that person may continue so to act until the Minister otherwise directs,
the vacancy is filled or a period of 12 months from the date on which
the vacancy occurred expires, whichever first happens.
(5) The appointment of a person to act as the Designated Authority
ceases to have effect if he resigns his appointment by writing signed by
him and delivered to the Minister.
(6) Where a person is acting as Designated Authority, he has and may
exercise all the powers, and may perform all the functions, of the
Designated Authority under this Act.
(7) The validity of anything done by a person purporting to act under
sub-section (1) shall not be called in question on the ground that the
occasion for his appointment or acting had not arisen, that there is a
defect or irregularity in or in connection with his appointment, that
the appointment had ceased to have effect or that the occasion for him
to act had not arisen or had ceased.
PART II-REGULATION OF EXPORT AND IMPORT OF SPECIMENS
Division 1-Prohibition of certain exports and imports
SECT. 21. Certain exports prohibited
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21. A person shall not, otherwise than in accordance with a permit or
an authority, export-
(a) a specimen specified in Part I of Schedule 1, Part I of
Schedule 2 or Part I of Schedule 3; or
(b) a specimen that is, or is derived from, a native Australian
animal or a native Australian plant and is not specified in Part I of
Schedule 4.
Penalty-
(a) if the person is a natural person-$100,000 or imprisonment for
5 years; or
(b) if the person is a body corporate-$200,000.
SECT. 22. Certain imports prohibited
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22. A person shall not, otherwise than in accordance with a permit or
an authority, import-
(a) a specimen specified in Part I of Schedule 1, Part I of
Schedule 2 or Part I of Schedule 3; or
(b) a specimen, being a live animal or a live plant (whether or not
it is a specimen referred to in paragraph (a)) other than a live animal,
or live plant, specified in Part I of Schedule 5 or Part I of Schedule
6.
Penalty-
(a) if the person is a natural person-$100,000 or imprisonment for
5 years; or
(b) if the person is a body corporate-$200,000.
Division 2-Permits to export or to import specimens
SECT. 23. Application for permit
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23. (1) A person may make an application to the Minister for the grant
of-
(a) a permit to export a specimen the export of which, otherwise
than in accordance with a permit or an authority, is prohibited by
section 21; or
(b) a permit to import a specimen the import of which, otherwise
than in accordance with a permit or an authority, is prohibited by
section 22.
(2) An application for a permit shall be made in accordance with the
prescribed form or, if no form is prescribed, a form approved by the
Minister.
(3) An application for a permit to export or to import a specimen for
the purposes of scientific research shall contain particulars of the
nature and purpose of that research.
(4) Where an application is made for the grant of a permit and the
Minister requires further information for the purpose of enabling him to
deal with the application (including the purpose of enabling the
Designated Authority to advise him in relation to the application), the
Minister may, by notice in writing served on the applicant not later
than 60 days after the application is made, require the applicant to
furnish to the Minister, as specified in the notice, a statement in
writing setting out that further information and, if a notice is so
served, the application shall be deemed, for the purposes of section 24,
not to have been duly made until the statement is furnished.
(5) Where an application is made for the grant of a permit and the
Minister requires a test to be carried out for the purpose of enabling
him to deal with the application (including the purpose of enabling the
Designated Authority to advise him in relation to the application), the
Minister may, by notice in writing served on the applicant not later
than 60 days after the application is made-
(a) inform the applicant of the nature of, the reason for, and the
estimated cost of, that test and of the estimated time within which the
result of that test would be obtained by the Minister; and
(b) require the applicant to pay to the Commonwealth, as specified
in the notice, the amount of that estimated cost,
and, if a notice is so served, the application shall be deemed, for the
purposes of section 24, not to have been duly made until the amount of
that estimated cost is paid and the result of that test is obtained by
the Minister.
SECT. 24. Grant of permit
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24. (1) Subject to this Act, the Minister may, in his discretion,
grant, or refuse to grant, a permit to a person who has made an
application for the permit in accordance with section 23.
(2) Subject to sub-section (3), the Minister shall give a decision
under sub-section (1) on an application for a permit within 90 days
after the application is made.
(3) Where, within 90 days after an application for a permit is made,
the Minister administering the Environment Protection (Impact of
Proposals) Act 1974, in accordance with procedures approved for the
purposes of that Act, directs the submission to him of an environmental
impact statement in relation to the export or import in respect of which
the application is made, the Minister administering this Act shall give
a decision under sub-section (1) on the application-
(a) within 30 days after the completion of all procedures under the
Environment Protection (Impact of Proposals) Act 1974 in connection with
the environmental impact statement; or
(b) within 90 days after the application is made,
whichever period is the last to end.
(4) A permit shall be in writing in the prescribed form, or, if no
form is prescribed, a form approved by the Minister.
(5) A permit-
(a) comes into force on the date on which it is granted; and
(b) subject to section 46, remains in force for a period of 6
months commencing on the date on which it is granted or, if a lesser
period is specified in the permit, that lesser period.
Division 3-Requirements for permits to export specimens
SECT. 25. Permits to export not to be granted if detrimental to
survival of kind of animals or plants
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25. The Minister shall not grant a permit to export a specimen unless
the Designated Authority has advised him that he is satisfied that the
export of the specimen will not be detrimental to, or contribute to
trade which is detrimental to, the survival of-
(a) any species or sub-species; or
(b) any population specified in Schedule 1, 2 or 3.
SECT. 26. Permits to export not to be granted in respect of specimens
unlawfully obtained, &c.
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26. The Minister shall not grant a permit to export a specimen unless
the Designated Authority has advised him that he is satisfied that 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.
SECT. 27. Requirements for permits to export live animals and live
plants
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27. The Minister shall not grant a permit to export a live animal or a
live plant unless the Designated Authority has advised him that he is
satisfied that-
(a) the proposed recipient of the animal or plant is equipped to
provide, and will provide, suitable care for the animal or plant; and
(b) the animal or plant will be prepared and shipped so that the
risk of-
(i) injury to the animal or plant;
(ii) adverse effect on the health of the animal or plant; and
(iii) in the case of an animal-cruel treatment of the animal,
is minimized.
SECT. 28. Requirements for permits to export-Schedule 1
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28. Subject to section 32, the Minister shall not grant a permit to
export a
specimen specified in Part I of Schedule 1 unless the Designated
Authority has
advised him that he is satisfied-
(a) that-
(i) the country to which the specimen is proposed to be exported
has a
relevant authority; and
(ii) permission to import that specimen into that country has been
given by a relevant authority of that country;
(b) where the specimen is a live animal, that the proposed exporter
and the proposed recipient are approved institutions in relation to a
class of specimens that includes that live animal;
(c) where the specimen is a live native Australian animal, that the
proposed export-
(i) would be an inter zoological gardens transfer; or
(ii) is for the purposes of prescribed scientific research;
(d) where the specimen is an animal specimen, other than a live
native
Australian animal, that-
(i) the proposed export would be an inter zoological gardens
transfer;
(ii) the proposed export is for the purposes of prescribed
scientific
research; or
(iii) the specimen is, or is derived from, a live animal that was
bred
in captivity; and
(e) where the specimen is a plant specimen, that-
(i) the proposed export is for the purposes of prescribed
scientific
research; or
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated.
SECT. 29. Requirements for permits to export-Schedule 2
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29. Subject to section 32, the Minister shall not grant a permit to
export a
specimen specified in Part I of Schedule 2 unless the Designated
Authority has
advised him that he is satisfied-
(a) that-
(i) the country to which the specimen is proposed to be exported
has a
relevant authority; and
(ii) permission to import that specimen into that country has been
given by a relevant authority of that country;
(b) where the specimen is a live animal, that-
(i) the proposed exporter and the proposed recipient are approved
institutions in relation to a class of specimens that includes that live
animal; or
(ii) in the case of a live native Australian animal, the proposed
export
would be an export of a household pet in accordance with section 16;
(c) where the specimen is a live native Australian animal, that the
proposed export-
(i) would be an inter zoological gardens transfer;
(ii) is for the purposes of prescribed scientific research; or
(iii) would be an export of a household pet in accordance with
section
16;
(d) where the specimen is an animal specimen, other than a live
native
Australian animal, that-
(i) the proposed export would be an inter zoological gardens
transfer;
(ii) the proposed export is for the purposes of prescribed
scientific
research;
(iii) the specimen is, or is derived from, a live animal that was
bred
in captivity; or
(iv) in the case of a specimen that is, or is derived from, a
native
Australian animal, the specimen is, or is derived from, an animal
specimen
that was taken in accordance with an approved management program; and
(e) where the specimen is a plant specimen, that-
(i) the proposed export is for the purposes of prescribed
scientific
research;
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated; or
(iii) the specimen is, or is derived from, a plant specimen that
was
taken in accordance with an approved management program.
SECT. 30. Requirements for permits to export-Schedule 3
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30. Subject to section 32, the Minister shall not grant a permit to
export a
specimen specified in Part I of Schedule 3 unless it appears to the
Minister,
after consultation with the Designated Authority, that there are
exceptional
circumstances justifying the grant of the permit and the Designated
Authority
has advised him that he is satisfied-
(a) in the case of an animal specimen, that the proposed export-
(i) would be an inter zoological gardens transfer; or
(ii) is for the purposes of prescribed scientific research; or
(b) in the case of a plant specimen, that the proposed export is
for
the purposes of prescribed scientific research.
SECT. 31. Requirements for permits to export-Native Australian animals
and plants
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31. Subject to section 32, the Minister shall not grant a permit to
export a specimen that is, or is derived from, a native Australian
animal or a native Australian plant, being a specimen that is not
specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of
Schedule 3, unless the Designated Authority has advised him that he is
satisfied-
(a) where the specimen is a live animal, that the proposed export-
(i) would be an inter zoological gardens transfer;
(ii) is for the purposes of prescribed scientific research; or
(iii) would be an export of a household pet in accordance with
section 16;
(b) where the specimen is, or is derived from, a fish, that-
(i) the specimen is, or is derived from, a live animal that was
bred in captivity; or
(ii) the specimen is, or is derived from, an animal specimen that
was taken in accordance with an approved management program;
(c) where the specimen is an animal specimen, other than a live
animal, that-
(i) the proposed export would be an inter zoological gardens
transfer;
(ii) the proposed export is for the purposes of prescribed
scientific research;
(iii) the specimen is derived from a live animal that was bred in
captivity; or
(iv) the specimen is, or is derived from, an animal specimen that
was taken in accordance with an approved management program; or
(d) where the specimen is a plant specimen, that-
(i) the proposed export is for the purposes of prescribed
scientific research;
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated; or
(iii) the specimen is, or is derived from, a plant specimen that
was taken in accordance with an approved management program.
SECT. 32. Permits to re-export
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32. (1) Sections 28, 29, 30 and 31 do 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.
(2) The Minister shall not grant a permit to export from Australia a
specimen that has been imported into Australia, unless the Designated
Authority has advised him that he is satisfied-
(a) that-
(i) in the case of a specimen that was imported before the
commencement of this Act, the specimen was not imported in contravention
of-
(A) the Customs (Endangered Species) Regulations; or
(B) the Customs (Prohibited Imports) Regulations; or
(ii) in the case of a specimen that was imported after the
commencement of this Act, the specimen was not imported in contravention
of this Act; and
(b) that-
(i) the country to which the specimen is proposed to be exported
has a relevant authority; and
(ii) permission to import that specimen into that country has been
given by a relevant authority of that country.
(3) The Minister shall not grant a permit to export from an external
Territory a specimen that has been imported into that Territory, unless
the Designated Authority has advised him that he is satisfied-
(a) that-
(i) in the case of a specimen that was imported before the
commencement of this Act, the specimen was not imported in contravention
of a law of that Territory relating to the import of specimens that was
designed to comply with the obligations of Australia under the
Convention; or
(ii) in the case of a specimen that was imported after the
commencement of this Act, the specimen was not imported in contravention
of this Act; and
(b) that-
(i) the country to which the specimen is proposed to be exported
has a relevant authority; and
(ii) permission to import that specimen into that country has been
given by a relevant authority of that country.
Division 4-Requirements for permits to import specimens
SECT. 33. Permits to import not to be granted if detrimental to
survival of kind of animals or plants
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33. The Minister shall not grant a permit to import a specimen
specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of
Schedule 3 unless the Designated Authority has advised him that he is
satisfied that the import of the specimen will not be detrimental to, or
contribute to trade that is detrimental to, the survival of-
(a) any species or sub-species; or
(b) any population specified in Schedule 1, 2 or 3.
SECT. 34. Requirements for permits to import live animals and live
plants
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34. The Minister shall not grant a permit to import a live animal or a
live plant unless the Designated Authority has advised him that he is
satisfied that-
(a) the proposed recipient of the animal or plant-
(i) is equipped to confine, and will confine, the animal or plant;
and
(ii) is equipped to provide, and will provide, suitable care for
the animal or plant; and
(b) the animal or plant will be prepared and shipped so that the
risk of-
(i) injury to the animal or plant;
(ii) adverse effect on the health of the animal or plant; and
(iii) in the case of an animal-cruel treatment of the animal,
is minimized.
SECT. 35. Requirements for permits to import certain live animals and
live plants
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35. (1) The Minister shall not grant a permit to import a live animal,
including a live animal that is a specimen specified in Part I of
Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the
Designated Authority has advised him that he is satisfied-
(a) that the proposed recipient is an approved institution in
relation to a class of specimens that includes that live animal; and
(b) that, if the live animal were imported, it would not be kept,
or dealt with, in contravention of any law of the Commonwealth, of a
State or of a Territory.
(2) The Minister shall not grant a permit to import a live plant that
is not specified in Schedule 5 or 6 unless the Designated Authority has
advised him that he is satisfied that the proposed recipient is an
approved institution in relation to a class of specimens that includes
that live plant.
(3) The Minister shall not grant a permit to import a live plant,
including a live plant that is a specimen specified in Part I of
Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the
Designated Authority has advised him that he is satisfied that, if the
live plant were imported, it would not be kept, or dealt with, in
contravention of any law of the Commonwealth, of a State or of a
Territory.
SECT. 36. Requirements for permits to import-Schedule 1
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36. The Minister shall not grant a permit to import a specimen
specified in
Part I of Schedule 1 unless the Designated Authority has advised him
that he is
satisfied-
(a) where the import is not by way of introduction from the sea,
that-
(i) the country from which the specimen is proposed to be imported
has
a relevant authority; and
(ii) permission to export that specimen from that country has been
given by a relevant authority of that country;
(b) where the specimen is a live animal, that the proposed sender
is
an approved institution in relation to a class of specimens that
includes
that live animal;
(c) where the specimen is an animal specimen, that-
(i) the proposed import would be an inter zoological gardens
transfer;
(ii) the proposed import is for the purposes of prescribed
scientific
research; or
(iii) the specimen is, or is derived from, a live animal that was
bred
in captivity; and
(d) where the specimen is a plant specimen, that-
(i) the proposed import is for the purposes of prescribed
scientific
research; or
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated.
SECT. 37. Requirements for permits to import-Schedule 2
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37. The Minister shall not grant a permit to import a specimen
specified in
Part I of Schedule 2 unless the Designated Authority has advised him
that he is
satisfied-
(a) where the import is not by way of introduction from the sea,
that-
(i) the country from which the specimen is proposed to be imported
has
a relevant authority; and
(ii) permission to export that specimen from that country has been
given by a relevant authority of that country;
(b) where the specimen is a live animal, that the proposed sender
is
an approved institution in relation to a class of specimens that
includes
that live animal;
(c) where the specimen is an animal specimen, that-
(i) the proposed import would be an inter zoological gardens
transfer;
(ii) the proposed import is for the purposes of prescribed
scientific
research;
(iii) the specimen is, or is derived from, a live animal that was
bred
in captivity; or
(iv) the specimen is, or is derived from, an animal specimen that
was
taken in accordance with an approved management program; and
(d) where the specimen is a plant specimen, that-
(i) the proposed import is for the purposes of prescribed
scientific
research;
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated; or
(iii) the specimen is, or is derived from, a plant specimen that
was
taken in accordance with an approved management program.
SECT. 38. Requirements for permits to import-Schedule 3
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38. The Minister shall not grant a permit to import a specimen
specified in
Part I of Schedule 3 unless it appears to the Minister, after
consultation with
the Designated Authority, that there are exceptional circumstances
justifying
the grant of the permit and the Designated Authority has advised him
that he is
satisfied-
(a) in the case of an animal specimen, that-
(i) the proposed import would be an inter zoological gardens
transfer;
(ii) the proposed import is for the purposes of prescribed
scientific
research; or
(iii) the specimen is, or is derived from, a live animal that was
bred
in captivity; or
(b) in the case of a plant specimen, that-
(i) the proposed import is for the purposes of prescribed
scientific
research; or
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated.
Division 5-Authorities to export or to import specimens
SECT. 39. Application for authority
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39. Sub-sections 23 (4) and (5) and 24 (2) and (3) apply in relation
to an application for an authority under this Division in like manner as
they apply in relation to an application for a permit under section 23
and, for the purposes of those sub-sections as so applying, the
references in those sub-sections to a permit shall be read as references
to an authority.
SECT. 40. Register of scientific organizations
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40. (1) The Designated Authority shall maintain a register containing
a list of the names of scientific organizations that are registered
scientific institutions for the purposes of section 41.
(2) The register maintained under sub-section (1) shall set out
opposite to the name of a scientific organization entered in the
register-
(a) the address of that organization;
(b) the date on which the name of the organization was entered in
the register; and
(c) such other particulars as the Designated Authority considers
appropriate.
(3) Subject to any regulations referred to in sub-section (4), the
Designated Authority may, in his discretion, enter in the register
maintained under sub-section (1) the name of a scientific organization
in Australia, in an external Territory or in another country.
(4) The regulations-
(a) may provide that the Designated Authority shall not enter the
name of a scientific organization in the register maintained under
sub-section (1) unless he is satisfied of certain matters in relation to
the organization;
(b) may prescribe matters that are to be taken into account by the
Designated Authority when determining whether he will enter the name of
a scientific organization in that register; or
(c) may provide that the name of a scientific organization may be
entered in that register if the name of the organization is set out in,
or in a specified part of, the latest edition of a publication specified
in the regulations.
(5) A scientific organization in Australia, in an external territory
or in another country may apply to the Designated Authority to have its
name entered in the register maintained under sub-section (1).
(6) An application under sub-section (5) shall be made in accordance
with the prescribed form or, if no form is prescribed, a form approved
by the Designated Authority.
(7) Subject to any regulations referred to in sub-section (8), the
Designated Authority may, in his discretion, remove the name of a
scientific organization from the register maintained under sub-section
(1).
(8) The regulations-
(a) may provide that the Designated Authority shall not remove the
name of a scientific organization from the register maintained under
sub-section (1) unless he is satisfied of certain matters in relation to
the organization;
(b) may prescribe matters that are to be taken into account by the
Designated Authority when determining whether he will remove the name of
a scientific organization from that register; or
(c) may provide that the name of a scientific organization may be
removed from that register if the name of the organization ceases to be
set out in, or in a specified part of, the latest edition of a
publication specified in the regulations.
SECT. 41. Authority to export or import scientific specimens
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41. (1) In this section-
"prescribed specimen" means a specimen other than a live animal;
"registered scientific institution" means a scientific organization
the name of which is entered in the register maintained under
sub-section 40 (1).
(2) A registered scientific institution may make an application, in
writing, to the Minister for an authority under this section to-
(a) export prescribed specimens, or specimens included in a class
of prescribed specimens, being specimens the export of which, otherwise
than in accordance with a permit or an authority, is prohibited by
section 21, in pursuance of-
(i) arrangements for the non-commercial loan of prescribed
specimens by the registered scientific institution to other registered
scientific institutions;
(ii) arrangements for the donation of prescribed specimens by the
registered scientific institution to other registered scientific
institutions; or
(iii) arrangements for the exchange of prescibed specimens between
the registered scientific institution and other registered scientific
institutions,
being arrangements for the purposes of scientific research;
(b) import prescribed specimens, or specimens included in a class
of prescribed specimens, being specimens the import of which, otherwise
than in accordance with a permit or an authority, is prohibited by
section 22, in pursuance of-
(i) arrangements for the non-commercial loan of prescribed
specimens to the registered scientific institution by other registered
scientific institutions;
(ii) arrangements for the donation of prescribed specimens to the
registered scientific institution by other registered scientific
institutions; or
(iii) arrangements for the exchange of prescribed specimens
between the registered scientific institution and other registered
scientific institutions,
being arrangements for the purposes of scientific research;
(c) re-import prescribed specimens exported in pursuance of
arrangements referred to in sub-paragraph (a) (i); and
(d) re-export prescribed specimens imported in pursuance of
arrangements referred to in sub-paragraph (b) (i).
(3) Subject to sub-section (4), the Minister shall give an authority
under this section to a registered scientific institution that has made
an application for the authority under sub-section (2).
(4) The Minister shall not give an authority under this section unless
the Designated Authority has advised him that he is satisfied that-
(a) the recipient of any live plant that is not specified in
Schedule 5 or 6 imported by virtue of the authority will be an approved
institution in relation to a class of specimens that includes that live
plant; and
(b) specimens exported or imported by virtue of the authority will
be exported or imported in pursuance of arrangements specified in
paragraph (2) (a) or (2) (b).
(5) An authority under this section-
(a) shall be in writing;
(b) comes into force on the date on which it is given; and
(c) subject to section 46, remains in force while the scientific
organization to which the authority was given remains a registered
scientific institution.
(6) An authority under this section to export or to import specimens
shall set out particulars of a kind of label to be borne by the
containers in which the specimens are to be exported or imported, as the
case may be, and the authority shall be taken to be only an authority to
export or to import the specimens, as the case may be, while they are in
containers that bear labels of that kind.
(7) Subject to sub-section (8), where a registered scientific
institution that holds an authority under this section wishes to foster
scientific research by an individual, that institution may, by
instrument in writing, declare that individual to be an affiliate of
that institution and, while the declaration is in force-
(a) arrangements for the loan of prescribed specimens by or to that
individual shall, for the purposes of this section, be taken to be
arrangements for the loan of prescribed specimens by or to, as the case
may be, that institution;
(b) arrangements for the donation of prescribed specimens by or to
that individual shall, for the purposes of this section, be taken to be
arrangements for the donation of prescribed specimens by or to, as the
case may be, that institution;
(c) arrangements for the exchange of prescribed specimens between
that individual and another registered scientific institution shall, for
the purposes of this section, be taken to be arrangements for the
exchange of prescribed specimens between the first-mentioned institution
and that other institution; and
(d) arrangements for the exchange of prescribed specimens between
that individual and another individual in respect of whom another
declaration under this sub-section is in force shall, for the purposes
of this section, be taken to be arrangements for the exchange of
prescribed specimens between the first-mentioned institution and the
registered scientific institution that made that other declaration.
(8) A registered scientific institution shall not make a declaration
under sub-section (7) in relation to an individual without the consent
in writing of the Designated Authority and shall revoke such a
declaration if requested by the Designated Authority in writing to do
so.
SECT. 42. Authority to export or import artificially propagated
plants
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42. (1) A person may make an application to the Minister for-
(a) an authority under this section to export artificially
propagated plants that are specimens specified in Part I of Schedule 2
or Part I of Schedule 3;
(b) an authority under this section to export artificially
propagated native Australian plants that are specimens not specified in
Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or
(c) an authority under this section to import artificially
propagated plants that are specimens specified in Part I of Schedule 2
or Part I of Schedule 3.
(2) An application under sub-section (1) shall be made in accordance
with the prescribed form, or, if no form is prescribed, a form approved
by the Minister.
(3) Subject to sub-sections (4) and (5), the Minister may, in his
discretion, give, or refuse to give, an authority under this section to
a person who has made an application for the authority under sub-section
(1).
(4) The Minister shall not give an authority under sub-section (3) to
export or to import plants unless the Designated Authority has advised
him that he is satisfied that plants that would be exported or imported
by virtue of the authority will have been artificially propagated.
(5) The Minister shall not give an authority under sub-section (3) to
import live plants that are not specified in Schedule 5 or 6 unless the
Designated Authority has advised him that he is satisfied that the
recipient of any live plant imported in accordance with the authority
will be an approved institution in relation to a class of specimens that
includes that live plant.
(6) An authority under this section-
(a) shall be in writing;
(b) comes into force on the date on which it is given; and
(c) subject to section 46, remains in force for a period of 12
months commencing on the date on which it is given or, if a lesser
period is specified in the authority, that lesser period.
(7) A person who has been given an authority under this section shall-
(a) as soon as practicable after the end of each period specified
for the purposes of this paragraph in the authority, give the Designated
Authority particulars of any exports or imports made by virtue of the
authority during that period; and
(b) comply, as soon as practicable, with any request by the
Designated Authority for information relating to plants exported or
imported by virtue of the authority.
SECT. 43. Authority to export or import for the purposes of travelling
circuses, &c.
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43. (1) In this section, "exhibition" includes a zoo or menagerie.
(2) Where a person wishes to export a specimen, other than a live
native Australian animal, the export of which, otherwise than in
accordance with a permit or an authority, is prohibited by section 21,
from Australia or from an external Territory for the purpose of the use
of the specimen in a circus or an exhibition that is proposed to be, or
has been, temporarily taken out of Australia or that Territory, as the
case may be, that person may make an application to the Minister for an
authority under this section to export that specimen for that purpose.
(3) Where a person wishes to import a specimen, other than a live
native Australian animal, the import of which, otherwise than in
accordance with a permit or an authority, is prohibited by section 22,
into Australia or into an external Territory for the purpose of the use
of the specimen in a circus or an exhibition that is proposed to be, or
has been, temporarily brought into Australia or that Territory, as the
case may be, that person may make an application to the Minister for an
authority under this section to import that specimen for that purpose.
(4) An application under sub-section (2) or (3) shall-
(a) be in writing;
(b) contain particulars of the specimen to which the application
relates; and
(c) contain particulars of the purpose of the export or import of
the specimen, as the case requires.
(5) Subject to sub-section (6), the Minister may, in his discretion,
give, or refuse to give, an authority under this section to a person who
has made an application for the authority under sub-section (2) or (3).
(6) The Minister shall not give an authority under this section to
export or to import a specimen unless the Designated Authority has
advised him that he is satisfied-
(a) that the specimen will be exported or imported, as the case may
be, for the purpose specified in sub-section (2) or (3), as the case may
be;
(b) where the specimen is a live animal or a live plant, that-
(i) in the case of an authority to import-the proposed recipient
of the animal or plant is equipped to confine, and will confine, the
animal or plant;
(ii) the proposed recipient of the animal or plant is equipped to
provide, and will provide, suitable care for the animal or plant; and
(iii) the animal or plant will be prepared and shipped (including
prepared and shipped for the subsequent re-importation or
re-exportation, as the case may be) so that the risk of-
(A) injury to the animal or plant;
(B) adverse effect on the health of the animal or plant; and
(C) in the case of an animal-cruel treatment of the animal,
is minimized; and
(c) except in the case of an authority to import a specimen not
referred to in paragraph 22 (a), that-
(i) the specimen-
(A) in the case of an animal specimen-is, or is derived from, a
live animal that was bred in captivity; or
(B) in the case of a plant specimen-is, or is derived from, a
live plant that was artificially propagated; or
(ii) the specimen was acquired by the applicant-
(A) where the specimen is of a species that was included in an
Appendix to the Convention when the Convention entered into force-before
the Convention entered into force;
(B) where the specimen is of a species that was first included
in an Appendix to the Convention after the Convention came into force
and before the commencement of this Act-before the species was so
included;
(C) where a preceding provision of this sub-paragraph does not
apply to the specimen and the specimen is of a kind to which section 21
or 22, as the case may be, applied
on the commencement of this Act-before that commencement; or
(D) in any other case-before section 21 or 22, as the case may
be, commenced to apply to specimens of the kind of which the specimen is
a kind.
(7) An authority under this section shall be in writing in the
prescribed form or, if no form is prescribed, a form approved by the
Minister.
(8) Without limiting the powers of the Minister under sub-section 47
(1), an authority under this section to export or to import a specimen
is subject to the condition that the holder of the authority will not,
without reasonable excuse, fail to re-import or re-export the specimen,
as the case may be, before the authority expires.
(9) An authority under this section-
(a) comes into force on the date on which it is given; and
(b) subject to section 46, remains in force for a period of 12
months commencing on the date on which it is given or, if another period
is specified in the authority, that other period.
(10) For the purposes of this Act-
(a) an authority in force under this section to export a specimen
from Australia or an external Territory is also an authority to
re-import the specimen into Australia or that Territory, as the case may
be, after its export in accordance with the authority; and
(b) an authority in force under this section to import a specimen
into Australia or an external Territory is also an authority to
re-export that specimen from Australia or that Territory, as the case
may be, after its import in accordance with the authority.
SECT. 44. Authority to export or import in exceptional
circumstances
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44. (1) Where-
(a) the Minister is considering an application by a person for a
permit or an authority to export or to import a specimen;
(b) under this Act, the Minister is precluded from granting that
permit or giving that authority unless the Designated Authority has
advised him that he is satisfied in relation to a matter; and
(c) the Designated Authority has advised the Minister that, though
he is not satisfied in relation to that matter, he is satisfied that-
(i) the export or import of the specimen, as the case may be,
would not be contrary to the object of this Act; and
(ii) exceptional circumstances exist that justify the proposed
export or import of the specimen,
the Minister may, in his discretion, give public notice-
(d) that he is considering giving the person authority under this
section to export or to import the specimen, as the case may be;
(e) setting out the conditions (if any) that he would impose in
accordance with section 47 in respect of that authority; and
(f) inviting interested persons to lodge with the Minister, not
later than a date specified in the notice (not being a date earlier than
5 days after the last date of publication of the notice) and at a place
specified in the notice, comments in writing on the desirability of the
Minister giving that authority.
(2) Where-
(a) the Minister has given public notice under sub-section (1) that
he is considering giving a person an authority under this section to
export or to import a specimen; and
(b) the Minister has considered, and discussed with the Designated
Authority, any comments lodged in response to that notice,
the Minister may, in his discretion, give, or refuse to give, an
authority under this section to that person to export or to import the
specimen, as the case may be.
(3) An authority under this section-
(a) shall be in writing;
(b) comes into force on the date on which it is given; and
(c) subject to section 46, remains in force for a period of 6
months commencing on the date on which it is given or, if a lesser
period is specified in the authority, that lesser period.
(4) In sub-section (1), a reference to public notice is a reference to
a notice published-
(a) in the Gazette;
(b) in each State and internal Territory in a newspaper circulating
generally in that State or Territory; and
(c) in each external Territory that the Minister considers
appropriate (if any) in a newspaper circulating generally in that
external Territory.
Division 6-Permits and Authorities
SECT. 45. Permit or authority to be produced
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Division 6-Permits and Authorities
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45. (1) For the purposes of this Act, where the holder of a permit or
an authority (other than an authority under section 41) to export a
specimen exports that specimen, he shall not be taken to have exported
that specimen in accordance with that permit or authority unless, before
exporting the specimen, he produced the permit or authority, or caused
the permit or authority to be produced, to-
(a) where the export is from Australia-an officer of Customs; or
(b) where the export is from an external Territory-an inspector,
doing duty in relation to the export of the specimen.
(2) For the purposes of this Act, where the holder of a permit or an
authority (other than an authority under section 41) to import a
specimen imports that specimen, he shall not be taken to have imported
that specimen in accordance with that permit or authority unless,
before, or within a reasonable time after, importing the specimen, he
produced the permit or authority, or caused the permit or authority to
be produced, to-
(a) where the import is into Australia-an officer of Customs; or
(b) where the import is into an external Territory-an inspector,
doing duty in relation to the import of the specimen.
SECT. 46. Revocation, &c., of permits and authorities
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46. (1) The Minister may, at any time, by notice in writing served on
the holder of a permit or an authority, vary or revoke the permit or
authority where, after consultation with the Designated Authority, he is
satisfied that-
(a) a provision of this Act relating to the permit or authority, or
a condition imposed in respect of the permit or authority, has been
contravened; or
(b) it is necessary or expedient to do so for the furtherance of
the object of this Act.
(2) The Minister may, at any time, by notice in writing served on the
holder of a permit or an authority, suspend the permit or authority
where, after consultation with the Designated Authority, he believes on
reasonable grounds that-
(a) a provision of this Act relating to the permit or authority, or
a condition imposed in respect of the permit or authority, has been
contravened; or
(b) it is necessary or expedient to do so for the furtherance of
the object of this Act.
(3) A suspension of a permit or an authority may be of indefinite
duration or for a period specified in the notice.
(4) The suspension of a permit or an authority is not affected by any
proceedings for an offence in relation to the permit or authority
(including any appeal) or by the termination of any such proceedings.
(5) During the period of suspension of a permit or an authority, the
permit or authority has no force or effect, but the period of currency
of the permit or authority continues to run.
(6) The suspension of a permit or an authority does not prevent its
revocation.
(7) The variation, revocation or suspension of a permit or an
authority takes effect when notice of the variation, revocation or
suspension, as the case may be, is served on the holder of the permit or
authority or on such later date (if any) as is specified in the notice.
SECT. 47. Conditions in respect of permits and authorities
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47. (1) The Minister may, when granting a permit or giving an
authority or at any time while a permit or an authority is in force,
impose conditions in respect of the permit or authority and may, at any
time, revoke, suspend or vary, or cancel a suspension of, a condition so
imposed.
(2) A condition imposed in respect of a permit or an authority, or a
revocation, suspension or variation, or a cancellation of a suspension,
of such a condition, takes effect when notice of the condition or of the
revocation, suspension or variation or of the cancellation of the
suspension is served on the holder of the permit or authority or on such
later date (if any) as is specified in the notice.
SECT. 48. Compliance with conditions of permit or authority
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48. The holder of a permit or an authority who contravenes, or fails
to comply with, a condition imposed under sub-section 47 (1) in respect
of the permit or authority or, in the case of an authority under section
43, the condition to which the authority is subject under sub-section 43
(8), is guilty of an offence punishable, on conviction, by a fine not
exceeding-
(a) if the person is a natural person-$10,000; or
(b) if the person is a body corporate-$20,000.
SECT. 49. Applications to Minister to vary operation of permits or
authorities
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49. (1) The holder of a permit or an authority may make application to
the Minister for the revocation or variation of a condition imposed
under sub-section 47 (1) in respect of the permit or authority.
(2) The holder of a permit or an authority that is suspended may make
application to the Minister for the cancellation of that suspension.
(3) The Minister shall, within 60 days after the receipt of an
application under sub-section (1) or (2)-
(a) if, after consultation with the Designated Authority, he is
satisfied that the application should be granted-
(i) revoke the condition;
(ii) vary the condition in accordance with the application; or
(iii) cancel the suspension of the permit or authority,
as the case may be; or
(b) if, after consultation with the Designated Authority, he is not
so satisfied-refuse to grant the application.
SECT. 50. Conditions relating to imported animals
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50. (1) Without limiting the powers of the Minister under sub-section
47 (1), a permit or an authority to import a live animal is subject to
the condition that the holder of the permit or authority will not,
without the approval in writing of the Designated Authority-
(a) sell or otherwise dispose of that animal, or any progeny of
that animal, to another person;
(b) release that animal, or any progeny of that animal, from
captivity; or
(c) where that animal, or any progeny of that animal, dies-bury,
cremate, sell or otherwise dispose of the body, or any part of the body,
of the dead animal.
(2) The Designated Authority shall not, for the purposes of
sub-section (1), approve of the sale or other disposal of a live animal
to a person if the keeping of the animal by that person would be
contrary to a law of a State or of a Territory.
(3) Without limiting the generality of sub-section (1), a person
shall, for the purposes of that sub-section, be taken to have released
an animal from captivity if that animal has escaped from captivity and
that person allowed the animal so to escape or failed to take all
reasonable measures to prevent the animal from so escaping.
(4) The holder of a permit or an authority who contravenes, or fails
to comply with, a condition to which the permit or authority is subject
by virtue of this section is guilty of an offence punishable, on
conviction, by a fine not exceeding $100,000.
SECT. 51. Conditions relating to imported plants
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51. (1) Without limiting the powers of the Minister under sub-section
47 (1), a permit or an authority to import a live plant that is not
specified in Schedule 5 or 6 is subject to the condition that the holder
of the permit or authority will not, without the approval in writing of
the Designated Authority-
(a) sell or otherwise dispose of that plant, or any progeny of that
plant, to another person;
(b) plant or sow that plant, or any progeny of that plant, so that
that plant or any progeny of that plant would be in, or could spread to,
a place that is not under the control of the holder; or
(c) where that plant, or any progeny of that plant, dies-bury,
burn, sell or otherwise dispose of the plant or any part of the plant.
(2) The Designated Authority shall not, for the purposes of
sub-section (1), approve of the sale or other disposal of a live plant
to a person if the keeping of the plant by that person would be contrary
to a law of a State or of a Territory.
(3) Without limiting the generality of sub-section (1), a person
shall, for the purposes of that sub-section, be taken to have planted or
sown a plant if that plant was planted or sown (including sown without
human intervention) and that person allowed the plant to be so planted
or sown or failed to take all reasonable measures to prevent the plant
from being so planted or sown.
(4) The holder of a permit or an authority who contravenes or fails to
comply with, a condition to which the permit or authority is subject by
virtue of this section is guilty of an offence punishable, on
conviction, by a fine not exceeding $100,000.
Division 7-Miscellaneous
SECT. 52. Matters published in Gazette
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Division 7-Miscellaneous
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52. (1) The Minister shall, from time to time, as soon as it is
practicable to do so, cause to be published in the Gazette particulars
of-
(a) applications for permits or authorities;
(b) permits granted or authorities given;
(c) refusals to grant permits or to give authorities; and
(d) specimens exported or imported in accordance with permits or
authorities.
(2) Where, in accordance with sub-section (1), particulars of permits
granted, or of refusals to grant permits, are published in the Gazette,
those particulars shall, unless all the permits, or, in the case of
refusals, the relevant applications, relate to specimens specified in
Part I of Schedule 3, be accompanied by a statement to the effect that,
subject to the Administrative Appeals Tribunal Act 1975, application may
be made to the Administrative Appeals Tribunal for the review of a
decision of the Minister to grant, or refuse to grant, a permit, other
than a permit to export, or a permit to import, a specimen specified in
Part I of Schedule 3, by or on behalf of the person or persons whose
interests are affected by the decision.
(3) Where, in accordance with sub-section (1), particulars of
authorities given, or of refusals to give authorities, under section 42
or 43 are published in the Gazette, those particulars shall be
accompanied by a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975, application may be made to the
Administrative Appeals Tribunal for the review of a decision of the
Minister to give, or refuse to give, an authority under section 42 or 43
by or on behalf of the person or persons whose interests are affected by
the decision.
(4) For the purposes of sub-section (1), particulars of an application
for a permit or an authority include particulars of the specimen to
which the permit or authority would relate.
SECT. 53. Possession of illegally imported specimens
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53. (1) A person who-
(a) without reasonable excuse (proof of which lies upon him) has in
his possession, whether on board any vessel or aircraft or otherwise,
any specimen that has been imported in contravention of this Act; or
(b) without reasonable excuse (proof of which lies upon him) has in
his possession any specimen that he knows, or has reasonable grounds for
suspecting, has been imported in contravention of this Act,
is guilty of an offence.
(2) On the prosecution of a person for an offence against sub-section
(1), being an offence to which paragraph (1) (a) applies, it is a
defence if the person proves that he did not know, and had no reasonable
grounds for knowing or suspecting, that the specimen in his possession
had been imported in contravention of this Act.
(3) On the prosecution of a person for an offence against sub-section
(1), being an offence to which paragraph (1) (b) applies, it is a
defence if the person proves that the specimen was not imported in
contravention of this Act.
(4) Any defence for which provision is made under sub-section (2) or
(3) in relation to an offence does not limit any defence otherwise
available to the person charged.
(5) A person who is guilty of an offence against sub-section (1) is
punishable upon conviction by a fine not exceeding $100,000 or
imprisonment for a period not exceeding 5 years.
(6) This section does not prevent any person from being proceeded
against for an offence against any other section of this Act, but he is
not liable to be punished twice in respect of any one offence.
SECT. 54. Specimens in personal effects of visitors to Australia
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54. (1) Where-
(a) a person, other than a person who permanently resides, or
intends permanently to reside, in Australia, arrives in Australia; and
(b) the personal effects or household goods brought to Australia by
that person include a specimen the import of which, otherwise than in
accordance with a permit or an authority, is prohibited by this Act,
that person may-
(c) surrender the specimen to an inspector;
(d) state to the inspector his full name, an address at which he
may be contacted and his permanent address outside Australia; and
(e) inform the inspector of the date on which he proposes to depart
from Australia,
and, if he does so as soon as practicable after the specimen arrives in
Australia, he shall, for the purposes of this Act, be taken not to have
imported that specimen.
(2) Where a person complies with sub-section (1) in relation to a
specimen, the inspector shall-
(a) give that person a notice in writing-
(i) setting out the name of, and the address at which he may be
contacted given by, that person;
(ii) identifying the specimen;
(iii) specifying the date on which, and the port or airport at
which, the specimen was surrendered;
(iv) setting out the date on which that person proposes to depart
from Australia;
(v) setting out adequate particulars of the provisions of
sub-sections (3) to (8) (inclusive); and
(vi) specifying the address of the Designated Authority to which
notifications for the purposes of sub-section (3) may be sent; and
(b) take the specimen, or cause the specimen to be taken, to a
place approved by the Minister for the storage of specimens surrendered
under sub-section (1).
(3) Where a person who has complied with sub-section (1) changes the
date on which he proposes to depart from Australia, he may notify the
Designated Authority in writing of the change.
(4) Subject to sub-sections (5), (7) and (8), where a person has
complied with sub-section (1) in relation to a specimen, the Designated
Authority shall take all reasonable steps to enable that person to take
the specimen with him if and when he leaves Australia from the port or
airport at which he surrendered the specimen on the date specified in
relation to the specimen under paragraph (1) (e) or notified by him
under sub-section (3), as the case requires.
(5) Subject to sub-section (8), a person who has complied with
sub-section (1) in relation to a specimen may, within 3 months after the
surrender of the specimen, make arrangements with the Designated
Authority for the consignment, at the expense of that person, of the
specimen to a place outside Australia, and the Designated Authority
shall take all reasonable steps to enable the specimen to be consigned
in accordance with those arrangements.
(6) For the purposes of this Act, where a specimen surrendered by a
person under sub-section (1) leaves Australia with that person or in
accordance with arrangements referred to in sub-section (5), that
leaving by the specimen shall be taken not to constitute the export of
the specimen.
(7) Where-
(a) a person has surrendered a specimen in compliance with this
section; and
(b) the specimen has not been released in accordance with this
section during the period of 12 months commencing on the date on which
the specimen was surrendered or the period of 3 months commencing on the
date specified in relation to the specimen under paragraph (1) (e),
whichever expires first,
that specimen is, on the expiration of that period, forfeited to the
Commonwealth and, subject to sub-section (9), may be disposed of in
accordance with the directions of the Designated Authority.
(8) A specimen that has been surrendered by a person in accordance
with this section shall not be released unless and until that person has
paid all costs incurred by the Commonwealth in relation to the custody
of the specimen (including any costs of transporting the specimen)
particulars of which have been given to the person in a prescribed
manner or, if no manner is prescribed, a manner approved by the
Minister.
(9) A specimen shall not be disposed of under sub-section (7) in any
way that would result in the specimen becoming an object of trade.
(10) A reference to a specimen in sub-section (2), (4), (5), (7), (8)
or (9) shall be read as including a reference to an article to which
sub-section 4 (2) applies the surrender of which was involved in the
surrender of a specimen.
(11) In this section, "Australia" includes-
(a) Norfolk Island;
(b) the Territory of Cocos (Keeling) Islands; or
(c) the Territory of Christmas Island.
SECT. 55. Specimens in personal effects of intending residents of
Australia
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55. (1) Where-
(a) a person who intends to reside permanently in Australia arrives
in Australia; and
(b) the personal effects or household goods brought to Australia by
that person include a specimen the import of which, otherwise than in
accordance with a permit or an authority, is prohibited by this Act,
that person may-
(c) surrender the specimen to an inspector; and
(d) state to the inspector his full name and an address at which he
may be contacted,
and, if he does so as soon as practicable after the specimen arrives in
Australia, that person shall, for the purposes of this Act, be taken not
to have imported that specimen.
(2) Where a person complies with sub-section (1) in relation to a
specimen, the inspector shall-
(a) give that person a notice in writing-
(i) setting out the name of, and the address given by, that
person;
(ii) identifying the specimen;
(iii) specifying the date on which, and the port or airport at
which, the specimen was surrendered; and
(iv) setting out adequate particulars of the provisions of
sub-sections (3), (4), (5) and (6); and
(b) take the specimen, or cause the specimen to be taken, to a
place approved by the Minister for the storage of specimens surrendered
under sub-section (1).
(3) Subject to sub-section (6), a person who has complied with
sub-section (1) in relation to a specimen may, within 3 months after the
surrender of the specimen, make arrangements with the Designated
Authority for the consignment, at the expense of that person, of the
specimen to a place outside Australia, and the Designated Authority
shall take all reasonable steps to enable the specimen to be consigned
in accordance with those arrangements.
(4) For the purposes of this Act, where a specimen surrendered by a
person under sub-section (1) leaves Australia in accordance with
arrangements referred to in sub-section (3), that leaving by the
specimen shall be taken not to constitute the export of the specimen.
(5) Where-
(a) a person has surrendered a specimen in compliance with this
section; and
(b) arrangements referred to in sub-section (3) have not been made
within 3 months after the surrender of the specimen,
the specimen is, at the expiration of that period, forfeited to the
Commonwealth and, subject to sub-section (7), may be disposed of in
accordance with the directions of the Designated Authority.
(6) A specimen that has been surrendered by a person in accordance
with this section shall not be released unless and until that person has
paid all costs incurred by the Commonwealth in relation to the custody
of the specimen (including any costs of transporting the specimen)
particulars of which have been given to the person in a prescribed
manner or, if no manner is prescribed, a manner approved by the
Minister.
(7) A specimen shall not be disposed of under sub-section (5) in any
way that would result in the specimen becoming an object of trade.
(8) A reference to a specimen in sub-section (2), (3), (5), (6) or (7)
shall be read as including a reference to an article to which
sub-section 4 (2) applies the surrender of which was involved in the
surrender of a specimen.
(9) In this section, "Australia" has the same meaning as it has in
section 54.
SECT. 56. Specimens in personal effects of residents of Australia
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56. (1) Where-
(a) a person who resides permanently in Australia arrives back in
Australia; and
(b) the personal effects or household goods brought to Australia by
that person include a specimen the import of which, otherwise than in
accordance with a permit or an authority, is prohibited by this Act,
that person may surrender the specimen to an inspector, and, if he does
so as soon as practicable after the specimen arrives in Australia, that
person shall, for the purposes of this Act, be taken not to have
imported that specimen.
(2) A specimen surrendered by a person in accordance with sub-section
(1) is forfeited to the Commonwealth and, subject to sub-section (3),
may be disposed of in accordance with the directions of the Designated
Authority.
(3) A specimen shall not be disposed of under sub-section (2) in any
way that would result in the specimen becoming an object of trade.
(4) A reference to a specimen in sub-section (2) or (3) shall be read
as including a reference to an article to which sub-section 4 (2)
applies the surrender of which was involved in the surrender of a
specimen.
(5) In this section, "Australia" has the same meaning as it has in
section 54.
57. (1) In this section, "prescribed specimen" means a specimen that
the Minister, the Designated Authority or an inspector believes on
reasonable grounds-
(a) has been exported;
(b) has been imported;
(c) is proposed to be exported; or
(d) is proposed to be imported.
(2) An inspector may ask any person who the inspector believes on
reasonable grounds has information in respect of a prescribed specimen
any question regarding the nature or origin of the specimen.
(3) Where-
(a) an inspector has asked a person a question in accordance with
sub-section (2) in respect of a prescribed specimen; and
(b) that person has not answered that question or has not answered
that question to the satisfaction of the inspector,
the inspector may seize the specimen and retain it until-
(c) that person answers that question or answers that question to
the satisfaction of the inspector, as the case may be;
(d) the inspector becomes satisfied as to the nature or origin of
the specimen;
(e) the Designated Authority becomes satisfied as to the nature and
origin of the specimen and informs the inspector that he is satisfied as
to those matters;
(f) the Minister makes a declaration under sub-section (5) in
relation to the specimen; or
(g) a period of 60 days from the date on which the specimen was
seized expires,
whichever occurs first.
(4) Where an inspector seizes a prescribed specimen under sub-section
(3), he shall, as soon as it is practicable to do so, give the
Designated Authority particulars of the seizure and of the reasons for
the seizure.
(5) Where the Minister is advised by the Designated Authority that he
is not satisfied as to the nature or origin of a prescribed specimen,
the Minister may, by writing signed by him, declare that, for the
purposes of this Act, the specimen shall be taken to be a specimen
specified in Part I of Schedule 1, and that declaration has effect
accordingly.
PART III-ADMINISTRATION
SECT. 58. Appointment of inspectors
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PART III-ADMINISTRATION
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58. The Minister may, by instrument in writing, appoint a person as an
inspector.
SECT. 59. Inspectors ex officio
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59. By force of this section-
(a) any officer of Customs;
(b) any member of the Australian Federal Police; and
(c) any member of the police force of an external Territory,
is an inspector.
SECT. 60. Arrangements for State and Territory officers to be
inspectors
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60. (1) The Minister may enter into an arrangement with the
appropriate Minister of the Crown of a State for-
(a) officers or employees of the Public Service of the State or of
an authority of the State (including a local government body); or
(b) members of the police force of the State,
to be inspectors, and that arrangement has effect accordingly.
(2) The Minister may enter into an arrangement with the appropriate
person holding an office referred to in section 34 of the Northern
Territory (Self-Government) Act 1978 for-
(a) officers or employees of the Public Service of the Northern
Territory or of an authority of the Northern Territory (including a
local government body); or
(b) members of the police force of the Northern Territory,
to be inspectors, and that arrangement has effect accordingly.
(3) The Minister may enter into an arrangement with the appropriate
person holding an office under section 13 of the Norfolk Island Act 1979
for persons appointed or employed under an enactment referred to in
section 61 of that Act to be inspectors, and that arrangement has effect
accordingly.
SECT. 61. Identity cards
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61. (1) The Minister may cause to be issued to an inspector, other
than a member of a police force or an officer of Customs, an identity
card in a form approved by the Minister.
(2) Where a person in possession of an identity card issued to him
under sub-section (1) ceases to be an inspector, he shall forthwith
return the identity card to the Minister.
Penalty: $100.
SECT. 62. Boarding of vessels, &c., by inspectors
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62. (1) This section applies to-
(a) any Australian vessel, Australian aircraft or Australian
platform;
(b) any vehicle, vessel or aircraft that is in Australia or an
external Territory;
(c) any vessel, or any aircraft capable of landing on water, that
is in Australian waters; and
(d) any aircraft that is over Australia, an external Territory or
Australian waters.
(2) An inspector may, with such assistance as he thinks necessary,
board any vehicle, vessel, aircraft or platform to which this section
applies for the purpose of exercising, and may exercise, the functions
of an inspector in accordance with section 64 if he believes on
reasonable grounds that there is in, or on, that vehicle, vessel,
aircraft or platform-
(a) any specimen that has been, or is proposed to be, exported or
imported in contravention of this Act; or
(b) any matter or thing that may afford evidence as to the
commission of an offence against this Act,
and, in the case of a vehicle, vessel or aircraft, may, for that
purpose, stop and detain that vehicle, vessel or aircraft.
(3) An inspector may require any person on board a vehicle, vessel,
aircraft or platform to which this section applies whom he finds
committing, or whom he suspects on reasonable grounds of having
committed, an offence against this Act to state his full name and usual
place of residence.
(4) Where an inspector or the person in command of a Commonwealth ship
or of a Commonwealth aircraft believes on reasonable grounds that a
vessel to which this section applies and which is in Australian waters
has been used or otherwise involved in the commission of an offence
against this Act, he may bring, or, by means of an international signal
code or other internationally recognized means of communication with a
vessel, require the person in charge of the vessel to bring, the vessel
to the nearest port in Australia or an external Territory to which it is
safe and practicable to bring the vessel.
(5) Where an inspector or the person in command of a Commonwealth ship
or of a Commonwealth aircraft believes on reasonable grounds that an
aircraft to which this section applies and which is over Australia or
over or in Australian waters has been used or otherwise involved in the
commission of an offence against this Act, he may, by means of an
international signal code or other internationally recognized means of
communication with an aircraft, require the person in charge of the
aircraft to bring the aircraft to the nearest airport in Australia or an
external Territory to which it is safe and practicable to bring the
aircraft.
(6) An inspector may, for the purposes of this Act, require the person
in charge of a vehicle, vessel, aircraft or platform to which this
section applies to give information concerning the vehicle, vessel,
aircraft or platform and its crew and any other person on board the
vehicle, vessel, aircraft or platform.
(7) Where an inspector (other than a member of a police force, or an
officer of Customs, who is in uniform) boards a vehicle, vessel,
aircraft or platform to which this section applies, he shall-
(a) in the case of a member of a police force-produce, for
inspection by the person in charge of that vehicle, vessel, aircraft or
platform, written evidence of the fact that he is a member of that
police force;
(b) 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 is an officer of Customs; or
(c) in any other case-produce his identity card for inspection by
that person,
and, if he fails to do so, he is not authorized to remain, or to require
any person assisting him to remain, on board that vehicle, vessel,
aircraft or platform or to detain that vehicle, vessel or aircraft.
(8) Where an inspector (other than a member of a police force, or an
officer of Customs, who is in uniform) makes a requirement of a person
under this section, the inspector, unless it is impracticable to do so,
shall-
(a) in the case of a member of a police force-produce, for
inspection by that person, written evidence of the fact that he is a
member of that police force;
(b) in the case of an officer of Customs-produce, for inspection by
that person, written evidence of the fact that he is an officer of
Customs; or
(c) in any other case-produce his identity card for inspection by
that person,
and, if he fails to do so, that person is not obliged to comply with the
requirement.
(9) A person who, without reasonable excuse, fails to comply with a
requirement made of him by an inspector under this section or by the
person in command of a Commonwealth ship or a Commonwealth aircraft
under sub-section (4) or (5) is guilty of an offence punishable on
conviction by a fine not exceeding $2,000.
(10) In this section, unless the contrary intention appears-
"Australian aircraft" means an aircraft that-
(a) is owned by-
(i) the Commonwealth or an authority of the Commonwealth;
(ii) a State or an authority of a State;
(iii) the Northern Territory or an authority of the Northern
Territory; or
(iv) the Administration of Norfolk Island; or
(b) is registered in Australia;
"Australian platform" means a platform that-
(a) is fixed to the continental shelf of Australia or of an
external Territory or to the sea-bed beneath Australian waters; or
(b) is otherwise operating in that part of the sea above the
continental shelf of Australia or of an external Territory or in
Australian waters;
"Australian vessel" means a vessel that-
(a) is owned by-
(i) the Commonwealth or an authority of the Commonwealth;
(ii) a State or an Authority of a State;
(iii) the Northern Territory or an authority of the Northern
Territory; or
(iv) the Administration of Norfolk Island; or
(b) is registered in Australia or flying the Australian flag;
"Australian waters" means-
(a) the waters adjacent to Australia and having as their inner
limits the baselines by reference to which the territorial limits of
Australia are defined for the purposes of international law and as their
outer limits lines seaward from those inner limits every point on each
of which is distant 12 nautical miles from the point on one of those
baselines that is nearest to the first-mentioned point; and
(b) the waters adjacent to each external Territory and having as
their inner limits the baselines by reference to which the territorial
limits of that Territory are defined for the purposes of international
law and as their outer limits lines seaward from those inner limits
every point on each of which is distant 12 nautical miles from the point
on one of those baselines that is nearest to the first-mentioned point;
"Commonwealth aircraft" means an aircraft in the service of the
Commonwealth on which the prescribed ensign or prescribed insignia of
the aircraft is or are displayed;
"Commonwealth ship" means a ship in the service of the Commonwealth on
which the prescribed ensign of the ship is flying.
SECT. 63. Access to premises
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63. (1) An inspector may, with the consent of the occupier of any
premises, enter the premises for the purpose of exercising the functions
of an inspector in accordance with section 64.
(2) Where an inspector has reason to believe that there is on
premises-
(a) any specimen that is proposed to be exported, or that has been
imported, in contravention of this Act; or
(b) any matter or thing that may afford evidence as to the
commission of an offence against this Act,
the inspector may make application to a Justice of the Peace for a
warrant authorizing the inspector to enter the premises for the purpose
of exercising the functions of an inspector in accordance with section
64.
(3) If, on an application under sub-section (2), the Justice of the
Peace is satisfied, by information on oath or affirmation-
(a) that there is reasonable ground for believing that there is on
the premises to which the application relates-
(i) any specimen that is proposed to be exported, or that has been
imported, in contravention of this Act; or
(ii) any matter or thing that may afford evidence as to the
commission of an offence against this Act; and
(b) that the issue of the warrant is reasonably required for the
purposes of this Act,
the Justice of the Peace may grant a warrant authorizing the inspector,
with such assistance as he thinks necessary, to enter the premises,
during such hours of the day or night as the warrant specifies or, if
the warrant so specifies, at any time, if necessary by force, for the
purpose of exercising the functions of an inspector in accordance with
section 64.
(4) A warrant under sub-section (3) shall specify a date after which
the warrant ceases to have effect.
(5) Where an inspector has entered any premises in pursuance of
sub-section (1) or in pursuance of a warrant granted under sub-section
(3), he may exercise the functions of an inspector in accordance with
section 64.
SECT. 64. Functions of inspectors
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64. (1) The functions of an inspector who boards a vehicle, vessel,
aircraft or platform under section 62 or enters premises under section
63 are-
(a) to search the vehicle, vessel, aircraft, platform or premises,
as the case may be;
(b) to inspect, take extracts from, and make copies of, any
document that relates to the export or import of any prescribed
specimen; and
(c) to inspect, and take samples of, any prescribed specimen.
(2) For the purposes of carrying out his functions under sub-section
(1), an inspector may break open any hold or compartment, or any
container or other receptacle (including any place that could be used as
a receptacle), on a vehicle, vessel, aircraft or platform or on any
premises.
(3) In this section, "prescribed specimen" means a specimen that is,
or that an inspector believes on reasonable grounds is, a specimen the
export or the import of which, otherwise than in accordance with a
permit or an authority, is prohibited by this Act.
SECT. 65. Powers of arrest of inspectors
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65. (1) An inspector may, without warrant, arrest any person, if the
inspector believes on reasonable grounds that-
(a) the person is committing or has committed an offence against
this Act; and
(b) proceedings against the person by summons would not be
effective.
(2) Where an inspector (other than a member of a police force, or an
officer of Customs, who is in uniform) arrests a person under
sub-section (1), the inspector shall-
(a) in the case of a member of a police force-produce, for
inspection by that person, written evidence of the fact that he is a
member of that police force;
(b) in the case of an officer of Customs-produce, for inspection by
that person, written evidence of the fact that he is an officer of
Customs; or
(c) in any other case-produce his identity card for inspection by
that person.
(3) Where a person is arrested under sub-section (1), an inspector
shall without unreasonable delay bring the person, or cause him to be
brought, before a Justice of the Peace or other proper authority to be
dealt with in accordance with law.
(4) Nothing in this section prevents the arrest of a person in
accordance with any other law.
SECT. 66. Persons to assist inspectors
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66. (1) Subject to sub-section (2), the owner, or person in charge, of
any vehicle, vessel, aircraft or platform boarded by an inspector under
section 62, or of any premises entered by an inspector under section 63,
shall, if requested by an inspector to do so, provide reasonable
assistance to the inspector in the performance of the functions, or
carrying out of the duties, or the exercise of the powers, of the
inspector under this Act in relation to that vehicle, vessel, aircraft
or platform or those premises.
Penalty: $2,000 or imprisonment for 12 months, or both.
(2) Where an inspector (other than a member of a police force, or an
officer of Customs, who is in uniform) makes a request of a person under
this section, the inspector shall-
(a) in the case of a member of a police force-produce, for
inspection by that person, written evidence of the fact that he is a
member of that police force;
(b) in the case of an officer of Customs-produce, for inspection by
that person, written evidence of the fact that he is an officer of
Customs; or
(c) in any other case-produce his identity card for inspection by
that person,
and, if he fails to do so, that person is not obliged to comply with the
request.
SECT. 67. Power to search baggage
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67. (1) An inspector may search any baggage that has been taken off or
out of a prescribed vessel (whether it is the baggage of a passenger or
member of the crew of that vessel or of another vessel) or any goods
that the inspector believes, on reasonable grounds, to be such baggage.
(2) An inspector may ask a person who owns, is carrying or is
otherwise associated with, or appears to the inspector to be associated
with, baggage that the inspector is searching or entitled to search
under sub-section (1) any question in respect of any specimen in that
baggage.
(3) A person shall not, without reasonable excuse, refuse or fail to
answer a question put to him under sub-section (2).
Penalty: $2,000.
(4) In this section-
"baggage", in relation to a prescribed vessel, includes any parcel or
other goods that a passenger or member of the crew of the vessel has had
with him on the vessel;
"member of the crew" includes-
(a) in relation to a ship-the master, a mate or an engineer of the
ship; and
(b) in relation to an aircraft-the pilot of the aircraft;
"prescribed vessel" means-
(a) a ship that voyages between-
(i) a place in Australia and a place outside Australia; or
(ii) a place in an external Territory and a place outside that
Territory; or
(b) an aircraft that flies between-
(i) a place in Australia and a place outside Australia; or
(ii) a place in an external Territory and a place outside that
Territory.
SECT. 68. Obstruction of inspectors
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68. A person shall not, without reasonable excuse, obstruct or hinder
an inspector in the exercise of his powers under this Act.
Penalty: $2,000 or imprisonment for 12 months, or both.
SECT. 69. Seizure and forfeiture of specimens
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69. (1) Where a court convicts a person of an offence against this Act
or the regulations, the court may order the forfeiture to the
Commonwealth of any specimen (including a specimen that has been seized
under sub-section (2)) used or otherwise involved in the commission of
the offence.
(2) An inspector may seize any specimen that he believes on reasonable
grounds has been used or otherwise involved in the commission of an
offence against this Act or the regulations and may retain the specimen
until the expiration of a period of 60 days after the seizure, or, if-
(a) proceedings for an offence against this Act or the regulations
in the commission of which the specimen may have been used or otherwise
involved are instituted within that period; or
(b) an action referred to in sub-section (5) is brought in relation
to the specimen,
until those proceedings, that action, or those proceedings and that
action, as the case requires, is or are terminated.
(3) Subject to sub-section (4), where a specimen is seized by an
inspector under sub-section (2), he shall, as soon as is practicable,
serve on the owner of the specimen or the person who had possession,
custody or control of the specimen immediately before it was seized a
notice in writing-
(a) identifying the specimen;
(b) stating that it has been seized under sub-section 69 (2) and
specifying the reason for the seizure; and
(c) setting out the terms of sub-section (5).
(4) An inspector is not required to serve a notice under sub-section
(3) in relation to a specimen if-
(a) after making such inquiries as he thinks appropriate, he does
not, within 20 days after the specimen was seized, have sufficient
information to enable him to serve the notice; or
(b) the Minister is required to serve a notice under sub-section 70
(2).
(5) Where a specimen is seized under sub-section (2), the owner of the
specimen may, within 30 days after the seizure, or, where a notice is
served under sub-section (3) in relation to the specimen, within 30 days
after the service, bring an action against the Commonwealth in a court
of competent jurisdiction for the delivery of the specimen to him on the
ground that the specimen was not used or otherwise involved in the
commission of an offence against this Act or the regulations, and-
(a) where the owner of the specimen does so-
(i) if the court finds that the specimen was used or otherwise
involved in the commission of the offence-the court shall order the
specimen to be forfeited to the Commonwealth; or
(ii) if the action is discontinued by the owner otherwise than by
reason that the specimen has been delivered to him, forfeited to the
Commonwealth or disposed of under sub-section 70 (1)-the specimen is
forfeited to the Commonwealth; or
(b) where the owner of the specimen does not do so and, within the
period of 60 days after the seizure, none of the following events
occurs:
(i) proceedings are instituted for an offence against this Act or
the regulations in the commission of which the specimen is alleged to
have been used or otherwise involved;
(ii) the specimen is delivered to the owner;
(iii) the specimen is disposed of under sub-section 70 (1),
the specimen is forfeited to the Commonwealth.
(6) In any action in a court brought under sub-section (5), the court
may find that a person committed an offence if, and only if-
(a) in the case of a person who has been tried for the offence-the
person has been convicted of the offence; or
(b) in any other case-the court is satisfied beyond reasonable
doubt that the person committed the offence.
(7) A specimen forfeited to the Commonwealth by virtue of this section
becomes the property of the Commonwealth and, subject to sub-section
(8), shall be dealt with and disposed of in accordance with the
directions of the Minister.
(8) A specimen shall not be dealt with under this section in any way
that would result in the specimen becoming an object of trade.
(9) Where a person has been convicted of an offence in which a
specimen that has been seized under sub-section (2) was used, any costs
in relation to the custody of the specimen (including any costs of
transporting or disposing of the specimen and, in the case of a specimen
that is a live animal or a live plant, any costs of maintaining the
animal or plant) are a debt due by the person to the Commonwealth, and
the Commonwealth may recover the amount of the costs by action in a
court of competent jurisdiction.
(10) For the purposes of this section, where a live animal or a live
plant has been used or otherwise involved in the commission of an
offence against this Act or the regulations, any progeny of that animal
or plant in the possession of the person who committed the offence shall
be taken to be a specimen that was used or otherwise involved in the
commission of that offence.
(11) Where an inspector is authorized under this section to retain a
specimen he may do so by causing the specimen to be taken to, and kept
at, a place approved by the Designated Authority for the purpose of
keeping specimens seized under this section.
(12) For the purposes of this section, proceedings or an action shall
not be taken to have been terminated unless and until any appeal to a
court in relation to the proceedings or action has been terminated.
(13) In this section, "specimen" includes an article to which
sub-section 4 (2) applies.
SECT. 70. Disposal of certain live animals and plants seized
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70. (1) Where-
(a) any specimen, being a live animal or live plant, is seized
under sub-section 69 (2); and
(b) the Minister considers on reasonable grounds that it is not
appropriate that that specimen be retained in accordance with that
sub-section but that it is appropriate that that specimen be returned to
its natural habitat, destroyed or otherwise dealt with,
the Minister may cause the specimen to be dealt with in the manner that
he considers appropriate.
(2) Subject to sub-section (3), where a specimen is dealt with in
accordance with sub-section (1), the Minister shall, as soon as is
practicable, serve on the owner of the specimen or the person who had
possession, custody or control of the specimen immediately before it was
seized a notice in writing-
(a) identifying the specimen;
(b) unless a notice in relation to the seizure has been served
under sub-section 69 (3)-stating that the specimen has been seized under
sub-section 69 (2) and specifying the reason for the seizure;
(c) stating that the specimen has been dealt with under sub-section
70 (1) and specifying the manner in which it has been so dealt with and
the reason for doing so; and
(d) setting out the terms of sub-section (4).
(3) The Minister is not required to serve a notice under sub-section
(2) in relation to a specimen if, after making such inquiries as he
thinks appropriate, he does not, within 20 days after dealing with the
specimen, have sufficient information to enable him to serve the notice.
(4) Where a specimen is dealt with in accordance with sub-section (1),
the owner of the specimen may bring an action against the Commonwealth
in a court of competent jurisdiction for the recovery of the market
value of the specimen at the time it was so dealt with on the ground
that the specimen was not used or otherwise involved in the commission
of an offence against this Act or the regulations.
(5) In any action in a court brought under sub-section (4), the court
may find that a person committed an offence if, and only if-
(a) in the case of a person who has been tried for the offence-the
person has been convicted of the offence; or
(b) in any other case-the court is satisfied beyond reasonable
doubt that the person committed the offence.
SECT. 71. Seizure and forfeiture of goods involved in offences
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71. (1) Where a court convicts a person of an offence against this Act
or the regulations, the court may order the forfeiture to the
Commonwealth of any goods used or otherwise involved in the commission
of the offence.
(2) An inspector may seize any goods that he believes on reasonable
grounds have been used or otherwise involved in the commission of an
offence against this Act or the regulations and may retain the goods
until the expiration of a period of 60 days after the seizure, or, if
proceedings for an offence against this Act or the regulations in the
commission of which the goods may have been used or otherwise involved
are instituted within that period, until the proceedings (including any
appeal to a court in relation to those proceedings) are terminated.
(3) The Minister may authorize goods seized under sub-section (2) or
anything in, on or attached to such goods to be released to their owner,
or to the person from whose possession they were seized, either
unconditionally or on such conditions as he thinks fit, including
conditions as to the giving of security for payment of their value if
they are forfeited.
(4) An inspector may seize any matter or thing that he believes on
reasonable grounds will afford evidence of the commission of an offence
against this Act or the regulations and may retain it until the
expiration of a period of 60 days after the seizure, or, if proceedings
for an offence against this Act or the regulations of the commission of
which it may afford evidence are instituted within that period, until
the proceedings (including any appeal to a court in relation to those
proceedings) are terminated.
(5) Goods forfeited to the Commonwealth by virtue of this section
become the property of the Commonwealth and shall be dealt with and
disposed of in accordance with the directions of the Minister.
(6) In this section, "goods" includes vehicles, vessels, aircraft and
platforms but does not include any specimen or any article to which
sub-section 4 (2) applies.
SECT. 72. False statements
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72. (1) A person who, in, or in connection with, an application for a
permit or an authority-
(a) makes a statement that, to his knowledge, is false or
misleading in a material particular; or
(b) furnishes to an inspector or other person doing duty in
relation to this Act a document that, to the knowledge of the
first-mentioned person, contains information that is false or misleading
in a material particular,
is guilty of an offence punishable, on conviction, by-
(c) if the person is a natural person-a fine not exceeding $5,000
or imprisonment for a period not exceeding 2 years, or both; or
(d) if the person is a body corporate-a fine not exceeding $20,000.
(2) A person who-
(a) makes to an inspector doing duty in relation to this Act a
statement that, to the knowledge of the person, is false or misleading
in a material particular; or
(b) furnishes to an inspector doing duty in relation to this Act a
document that, to the knowledge of the person, contains information that
is false or misleading in a material particular,
is guilty of an offence punishable, on conviction, by a fine not
exceeding-
(c) if the person is a natural person-$2,000; or
(d) if the person is a body corporate-$5,000.
(3) For the purposes of the application of sub-sections (1) and (2) in
relation to a corporation but without prejudice to the liability of any
person other than the corporation-
(a) a statement made, or a document furnished, by a person acting
on behalf of the corporation shall be deemed to have been made or
furnished by the corporation; and
(b) the knowledge of any person employed by, or concerned in the
management of, the corporation shall be deemed to be knowledge of the
corporation.
SECT. 73. Indictable offences
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73. (1) An offence against section 21, 22, 48, 50, 51 or 53 or
sub-section 72 (1) is an indictable offence.
(2) Notwithstanding that an offence referred to in sub-section (1) is
an indictable offence, a court of summary jurisdiction may hear and
determine proceedings in respect of such an offence if the court is
satisfied that it is proper to do so and the defendant and the
prosecutor consent.
(3) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against section 21, 22 or
53, the penalty that the court may impose is-
(a) if the person is a natural person-a fine not exceeding $5,000
or imprisonment for a period not exceeding 12 months, or both; or
(b) if the person is a body corporate-a fine not exceeding $10,000.
(4) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against section 50 or 51,
the penalty that the court may impose is-
(a) if the person is a natural person-a fine not exceeding $5,000;
or
(b) if the person is a body corporate-a fine not exceeding $10,000.
(5) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against sub-section 72 (1),
the penalty that the court may impose is-
(a) if the person is a natural person-a fine not exceeding $2,000
or imprisonment for a period not exceeding 12 months, or both; or
(b) if the person is a body corporate-a fine not exceeding $5,000.
SECT. 74. Evidence
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74. (1) In any proceedings for an offence against this Act or the
regulations-
(a) any record kept in pursuance of 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;
(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 pursuance of 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), shall, unless the contrary is established, be deemed
to be such a record or certified copy, as the case may be.
(2) Where, in any proceedings for an offence against this Act or the
regulations, 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.
SECT. 75. Evidence of analyst
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75. (1) The Minister may appoint a person to be an analyst for the
purposes of this Act.
(2) Subject to sub-section (4), a certificate of an analyst appointed
under sub-section (1) stating that he has analyzed or examined a
substance and stating the result of his analysis or examination is
admissible in any proceeding under this Act as prima facie evidence of
the matters in the certificate and of the correctness of the result of
the analysis or examination.
(3) For the purposes of this section, a document purporting to be a
certificate referred to in sub-section (2) shall, unless the contrary is
established, be deemed to be such a certificate.
(4) A certificate shall not be admitted in evidence in pursuance of
sub-section (2) in proceedings for an offence against this Act unless
the person charged with the offence has been given a copy of the
certificate together with reasonable notice of the intention to produce
the certificate as evidence in the proceedings.
SECT. 76. Delegation
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76. (1) The Minister may, either generally or as otherwise provided by
the instrument of delegation, by writing signed by him, delegate to the
Designated Authority or another person all or any of his powers under
this Act, other than-
(a) his powers under section 9;
(b) his powers under section 24 in relation to an application for a
permit to export a specimen specified in Part I of Schedule 3;
(c) his powers under section 24 in relation to an application for a
permit to import a specimen specified in Part I of Schedule 3;
(d) his powers under section 44; and
(e) this power of delegation.
(2) A power so delegated, when exercised by the delegate shall, for
the purposes of this Act, be deemed to have been exercised by the
Minister.
(3) A delegation under this section does not prevent the exercise of a
power by the Minister.
(4) Where-
(a) the Minister delegates a power to the Designated Authority; and
(b) by a provision of this Act, the Minister is precluded from
exercising that power unless the Designated Authority has advised him
that he is satisfied in relation to a matter,
that provision shall be taken not so to provide but shall be taken to
provide that the Designated Authority, as delegate of the Minister,
shall not exercise that power unless he is satisfied in relation to that
matter.
SECT. 77. Arrangements by Minister
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77. The Minister may make arrangements to the extent necessary to
achieve the object of this Act (including arrangements involving
co-operation by the Commonwealth with the Government of another country,
of a State or of the Northern Territory, the administration of an
external Territory, an organization or a person) for-
(a) the formulation or assessment of a management program for the
purposes of this Act;
(b) the carrying out of research relating to native Australian
animals and native Australian plants the species of which are, or are
likely to become, threatened with extinction and the existence of the
species of which is likely to be affected by trade in specimens of the
species;
(c) the collection of statistics relating to the export and import
of wild animals or wild plants, including statistics relating to the
movement of such animals and plants within Australia before export or
after import, as the case may be; or
(d) the dissemination of information relating to the export and
import of wild animals or wild plants.
SECT. 78. Co-operation with States and Territories
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78. (1) The Minister shall ensure that-
(a) management programs for the purposes of this Act relating to
the taking in or near Australia or in or near a prescribed Territory of
specimens of native Australian animals or native Australian plants;
(b) proposed amendments to a Schedule, other than Schedule 8,
(including amendments that would be deemed to be made by declarations
under section 9) that would involve or affect native Australian animals
or native Australian plants found in or near Australia or in or near a
prescribed Territory;
(c) conditions to which permits or authorities are subject, being
conditions relating to the confinement of live animals or live plants
imported into Australia or into a prescribed Territory; and
(d) the requirements to be met by organizations that are to be
entitled by virtue of this Act to receive live animals and live plants
imported into Australia or into a prescribed Territory,
are formulated or determined, as the case requires, in accordance with
procedures that provide for the participation of a Minister of the Crown
of each State and a Minister of the Northern Territory, being Ministers
whom the first-mentioned Minister considers to be appropriate for the
purpose.
(2) A reference in sub-section (1) to a Minister of the Northern
Territory shall be read as a reference to a person holding an office
referred to in section 34 of the Northern Territory (Self-Government)
Act 1978.
(3) The Minister shall ensure that-
(a) management programs for the purposes of this Act relating to
the taking in or near Norfolk Island of specimens of native Australian
animals or native Australian plants;
(b) proposed amendments to a Schedule, other than Schedule 8,
(including amendments that would be deemed to be made by declarations
under section 9) that would involve or affect native Australian animals
or native Australian plants found in or near Norfolk Island;
(c) conditions to which permits or authorities are subject, being
conditions relating to the confinement of live animals and live plants
imported into Norfolk Island; and
(d) the requirements to be met by organizations that are to be
entitled by virtue of this Act to receive live animals and live plants
imported into Norfolk Island,
are formulated or determined, as the case requires, in accordance with
procedures that provide for the participation of a person holding an
office under section 13 of the Norfolk Island Act 1979 whom the Minister
considers to be appropriate for the purpose.
SECT. 79. Fees
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79. (1) The regulations may prescribe the fees to be paid in respect
of the grant of a permit or the giving of an authority.
(2) A fee prescribed in respect of the grant of a permit or the giving
of an authority shall be paid before the permit is granted or the
authority is given.
(3) The regulations may prescribe the fees to be paid in respect of an
application under this Act, other than an application for a permit or an
authority.
(4) A fee prescribed in respect of an application under this Act shall
be paid when the application is made.
SECT. 80. Review of decisions
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80. (1) An application may be made to the Administrative Appeals
Tribunal for a review of-
(a) a declaration by the Minister under sub-section 10 (1);
(b) a declaration by the Designated Authority under sub-section 11
(1) or 12 (1);
(c) a refusal by the Designated Authority of an application made
under sub-section 11 (3) or 12 (3);
(d) a requirement by the Minister under sub-section 23 (5);
(e) a decision of the Designated Authority that he is satisfied, or
not satisfied, in relation to a matter for the purposes of section 25,
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or 38;
(f) a decision of the Minister to grant, or refuse to grant, a
permit, other than a permit to export, or a permit to import, a specimen
specified in Part I of Schedule 3;
(g) a determination by the Minister for the purposes of paragraph
24 (5) (b) of the period for which a permit is to remain in force;
(h) a refusal by the Designated Authority of an application made
under sub-section 40 (5);
(j) a decision of the Designated Authority under sub-section 40 (7)
to remove the name of a scientific organization from the register
maintained under sub-section 40 (1);
(k) a decision of the Designated Authority that he is satisfied, or
not satisfied, in relation to a matter for the purposes of section 41,
42, 43 or 44;
(l) a decision of the Minister to give, or refuse to give, an
authority under section 42 or 43;
(m) a determination by the Minister for the purposes of paragraph
42 (6) (c) of the period for which an authority under section 42 is to
remain in force;
(n) a determination by the Minister for the purposes of paragraph
43 (9) (b) of the period for which an authority under section 43 is to
remain in force, being a period of less than 12 months;
(o) a determination by the Minister for the purposes of paragraph
44 (3) (c) of the period for which an authority under section 44 is to
remain in force;
(p) a decision of the Minister to vary, revoke or suspend a permit
or authority under section 46;
(q) a determination by the Minister of the period of suspension of
a permit or authority for the purposes of sub-section 46 (3);
(r) an imposition under sub-section 47 (1) of conditions in respect
of a permit or an authority;
(s) a decision of the Minister to revoke, suspend, vary, or cancel
a suspension of, a condition in respect of a permit or an authority
under sub-section 47 (1);
(t) a refusal by the Minister of an application under sub-section
49 (1) or (2);
(u) a decision by the Designated Authority to give, or refuse to
give, an approval under sub-section 50 (1) or 51 (1); or
(v) a declaration by the Minister under sub-section 57 (5).
(2) In giving a direction as to the persons who are to constitute the
Administrative Appeals Tribunal for the purposes of a review of a
decision of the Designated Authority that he is satisfied, or not
satisfied, in relation to a matter for the purposes of section 25, 27,
33 or 34 or paragraph 43 (6) (b), the President of the Tribunal shall
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) Where the Minister or the Designated Authority makes a decision of
a kind referred to in sub-section (1) and gives to the person or persons
whose interests are affected by the decision notice in writing of the
making of the decision, that notice shall include a statement to the
effect that, subject to the Administrative Appeals Tribunal Act 1975,
application may be made to the Administrative Appeals Tribunal for
review of the decision to which the notice relates by or on behalf of
the person or persons whose interests are affected by the decision.
(4) Any failure to comply with the requirements of sub-section (3) in
relation to a decision shall not be taken to affect the validity of the
decision.
(5) In sub-section (1), "decision" has the same meaning as it has in
the Administrative Appeals Tribunal Act 1975.
SECT. 81. Regulations
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81. The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters-
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act,
and, in particular-
(c) providing for the manner of service of notices under this Act;
(d) providing for forms to be completed, or declarations to be
made, in relation to specimens by persons arriving in Australia or an
external Territory; and
(e) prescribing penalties not exceeding $500 for offences against
the regulations.
82. (1) The Customs (Endangered Species) Regulations made under the
Customs Act 1901 are repealed.
(2) Notwithstanding the repeal by sub-section (1) of the regulations
referred to in that sub-section, where an import permit, an export
permit or a re-export certificate granted under those regulations was in
force immediately before the commencement of this Act-
(a) that permit or certificate shall, subject to those regulations,
continue in force; and
(b) those regulations shall continue to apply in relation to that
permit or certificate,
as if those regulations had not been repealed.
(3) While an import permit, an export permit or a re-export
certificate granted under the regulations referred to in sub-section (1)
in relation to a specimen continues in force by virtue of sub-section
(2), this Act shall not be taken to prohibit the import, export or
re-export, as the case requires, of the specimen in accordance with
those regulations.
----------------
SCHEDULE 1
WPREI 82:149 IDX
SCHEDULE 1
Sections 21, 22, 28 and 36
SPECIMENS THE EXPORT OR IMPORT OF WHICH, OTHERWISE THAN IN
ACCORDANCE WITH A PERMIT OR AN AUTHORITY, IS PROHIBITED, AND
IN RELATION TO WHICH SECTIONS 28 AND 36 APPLY
PART I-SPECIMENS
A specimen that is, or is derived from, an animal of a genus, species
or sub-species specified, or described, in Part II.
A specimen that is, or is derived from, an animal that is, or has
been, part of a population specified in Part III.
A specimen, other than a seed or spore, that is, or is derived from,
a plant of a genus, species or sub-species specified, or described, in
Part IV.
A specimen, other than a seed or spore, that is, or is derived from,
a plant that is, or has been, part of the population of plants of the
species Araucaria araucana in Chile.
A specimen, other than a seed or spore, that is, or is derived from,
a plant of the variety alba of the species Lycaste virginalis (nun,
white).
PART II-ANIMALS
Division 1-Class Amphibia
-------------------------------------------------------------------------------
-
Order Family Genus, species or
sub-species Common name
-------------------------------------------------------------------------------
-
ANURA Hylidae Litoria longirostris frog, long-nosed tree
Microhylidae Cophixalus concinnus microhylid, elegant
Cophixalus saxatilis microhylid,
rock-dwelling
Leptodactylidae Arenophyryne rotunda frog, sandhill
Philoria frosti frog, Mt Baw Baw
Rheobatrachus silus frog, platypus
SALIENTIA Atelopodidae Atelopus varius zeteki frog, Zetek's or
(Panamanian) golden
or golden arrow poison
URODELA Bufonidae Bufo periglenes toad, orange or
golden or Monte Verde
Bufo superciliaris toad, Cameroon
Nectophrynoides toads, viviparous
African
Cryptobranchidae
Andrias
(Megalobatrachus)
davidianus salamander, Chinese
giant
Andrias
(Megalobatrachus)
japonicus salamander, Japanese
giant
-------------------------------------------------------------------------------
-
Division 2-Class Aves
-------------------------------------------------------------------------------
-
Order Family Genus, species or
sub-species Common name
-------------------------------------------------------------------------------
-
ANSERIFORMES Anatidae Anas aucklandica
nesiotis teal, Campbell Island
flightless or
Campbell Island brown
Anas platyrhynchos
laysanensis duck, Laysan. Laysan
teal
Anas oustaleti duck, Marianas Island
or Oustalet's grey or
Marianas mallard
Branta canadensis
leucopareia goose, Aleutian or
Canada
Branta sandvicensis goose, Hawaiian. nene
Cairina scutulata duck, white-winged
wood
Rhodonessa
caryophyllacea duck, pink-headed
APODIFORMES Trochilidae Glaucis (Ramphodon)
dohrnii hermit, hook-billed
CAPRIMULGIFORMES
Podargidae Podargus ocellatus
plumiferus frogmouth, marbled
CHARADRIIFORMES
Laridae Anous tenuirostris
Larus relictus noddy, lesser
gull, relict. khar
turunt tsakhiai
Scolopacidae Numenius borealis curlew, Eskimo
Tringa guttifer greenshank,
Nordmann's or spotted
CICONIIFORMES
Ciconiidae Ciconia ciconia
boyciana stork, Japanese white
or white oriental
Threskiornithidae
Geronticus eremita ibis, hermit
Nipponia nippon ibis, Japanese crested
COLUMBIFORMES
Columbidae Caloenas nicobarica
Columba janthina
nitens pigeon, Nicobar.
Nicobar dove pigeon,
red-headed wood or
black wood
Columba janthina
stejnegeri pigeon, Stejneger's
wood or black wood
Ducula mindorensis pigeon, Mindoro
imperial or Mindoro
zone-tailed
CORACIIFORMES
Bucerotidae Buceros bicornis
homrai hornbill, Homrai
great pied or Homrai
great Indian or
Northern great pied
Rhinoplax vigil hornbill, helmeted
FALCONIFORMES Accipitridae Erythrotriorchis
(Accipiter) radiatus Goshawk, red
Aquila chrysaetos
japonica eagle, Japanese golden
Aquila heliaca eagle imperial
Buteo buteo toyoshimae buzzard, Bonin
Chondrohierax
uncinatus wilsonii kite, Cuba(n)
hook-billed
Spilornis
(Haematornis) cheela
perplexus eagle, Ryuykyu serpent
Haliaeetus albicilla eagle, white-tailed
(sea) or grey sea
Haliaeetus
leucocephalus eagle, (American) bald
Harpia harpyja eagle, harpy
Pithecophaga jefferyi eagle, Philippine or
monkey-eating
Cathartidae Gymnogyps
californianus condor, California
Vultur gryphus condor, Andean
Falconidae Falco araea kestrel, Seychelles
Falco newtoni
aldabranus kestrel, Aldabra
Falco peregrinus
(pelegrinoides/
babylonicus) falcon, Peregrine
(Barbary
falcon/Shaheen
included)
Falco peregrinus
furuitii falcon, Volcano
Islands peregrine
Falco punctatus kestrel, Mauritius
GALLIFORMES Cracidae Crax blumenbachii curassow, red-billed.
mutum
Crax (Mitu) mitu mitu curassow,
razor-billed. mitu
Oreophasis derbianus guan, horned
Penelope albipennis guan, white-winged
Alburra (Pipile)
jacutinga guan, black-faced
piping or black-fronte
d
piping. black-fronted
curassow
jacutinga
Alburra (Pipile)
pipile pipile curassow, Trinidad
white-headed.
Trinidad white-headed
piping guan
Megapodiidae Macrocephalon maleo maleo (bird) or
megapode
Phasianidae Catreus wallichii pheasant, cheer
Colinus virginianus
ridgwayi bobwhite, masked
Crossoptilon
crossoptilon pheasant, white eared
or Tibetan eared
Crossoptilon
mantchuricum pheasant, brown eared
Lophophorus impeyanus monal, Himalayan or
pheasant, (Himalayan)
monal or Impeyan
Lophophorus lhuysii pheasant Chinese.
Chinese monal
Lophophorus sclateri pheasant, Sclater's.
Sclater's monal
pheasant
Lophura edwardsi pheasant, Edwards'
Lophura imperialis pheasant, Imperial
Lophura swinhoii pheasant, Swinhoe's
Polyplectron emphanum pheasant, Palawan
peacock
Syrmaticus ellioti pheasant, Elliot's
Syrmaticus humiae pheasant, Hume's or
(Hume's) bar-tailed
or Mrs Hume's
Syrmaticus mikado pheasant, Mikado
Tetraogallus caspius snowcock, Caspian
Tetraogallus tibetanus snowcock, Tibetan
Tragopan blythii tragopan, Blyth's
Tragopan caboti tragopan, Cabot's
Tragopan
melanocephalus tragopan, western
(horned)
Tetraonidae Lagopus mutus
japonicus ptarmigan, Japanese
Tympanuchus cupido
attwateri chicken, Attwater's
(greater) prairie
GRUIFORMES Gruidae Grus americana crane, whooping
Grus canadensis
nesiotes crane, Cuba sandhill
Grus canadensis pulla crane, Mississippi
sandhill
Grus japonensis crane, Japanese or
Manchurian or
red-crowned
Grus japonicus crane, Japanese
Grus leucogeranus crane, Siberian white
or snow or great white
Grus monacha crane, Hooded
Grus nigricollis crane, black-necked
or Tibetan
Grus vipio crane, white-naped or
(Japanese)
white-necked
Otidadae Choriotis nigriceps bustard, great Indian
Chlamydotis undulata bustard, Houbara
Eupodotis bengalensis bustard, Bengal or
great. Bengal florican
Pedionomidae Pedionomus torquatus plains-wanderer
Rallidae Rallus (Tricholimnas)
sylvestris rail, Lord Howe wood
or woodhen, Lord Howe
Island
Rhynochetidae Rhynochetos jubatus kagu
PASSERIFORMES Atrichornithidae
Atrichornis clamosus scrub-bird, noisy.
western scrub-bird
Corvidae Garrulus lidthi jay, Lidth's or purple
Cotingidae Cotinga maculata cotinga, spotted or
banded
Xipholena atropurpurea cotinga, white-winged
Cracticidae Strepera graculina
crissalis currawong, Lord Howe
Island
Fringillidae Carduelis (Chloris)
sinica kittlitzi greenfinch, Bonin
Spinus cucullatus siskin, red
Meliphagidae Apalopteron familiare
hahasima honey-eater, Hahajima
Lichenostomus
(Meliphaga) melanops
cassidix honeyeater, helmeted
Manorina melanotis miner, black-eared
Muscicapidae Dasyornis brachypterus bristlebird, eastern
or long-billed
Dasyornis broadbenti
littoralis bristlebird, western
Picathartes
gymnocephalus rock-fowl,
white-necked
or bare-headed.
white-necked
picathartes.
white-necked
bald crow
Picathartes soreas rock-fowl, grey-necked
