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Part II--Regulation of export and import of specimens
Division 1-Prohibition of certain exports and imports SECT 21 21 Certain exports prohibited A person shall not, otherwise than in accordance with a permit or an authority, intentionally or recklessly 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: 1,000 penalty units or imprisonment for 10 years, or both.

Note: Because of the operation of subsection 4(2B), it may be an offence under this section to export a thing that is represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant).

SECT 22 22 Certain imports prohibited A person shall not, otherwise than in accordance with a permit or an authority, intentionally or recklessly import:

(a)

a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or



(aa)

a specimen specified in Part I of Schedule 2A; 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: 1,000 penalty units or imprisonment for 10 years, or both.

Note: Because of the operation of subsection 4(2B), it may be an offence under this section to import a thing that is represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant).

Division 2-Permits to export or to import specimens SECT 23 23 Application for permit

(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 the Minister to deal with 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 the Minister to deal with 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 24 Grant of permit

(1)


Subject to this Act, the Minister may, in the Minister's 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)


The Minister must either grant or refuse to grant the permit within 90 days after the application is made.

(3)


However, if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the permit, the Minister must grant or refuse to grant the permit within 30 days after the day on which the Minister receives advice given under that Subdivision on the proposed grant.

Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, persons considering whether to authorise certain actions must get advice on environmental matters from the Minister administering that Subdivision.

(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:

(i)

in the case of a permit to export or import a specimen (other than a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3) for the purposes of scientific research—for a period of 2 years beginning on the date on which it is granted or, if a lesser period is specified in the permit, that lesser period; or



(ii)

in any other case—for a period of 6 months beginning 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 25 Permits to export not to be granted if detrimental to survival of kind of animals or plants The Minister shall not grant a permit to export a specimen unless the Minister 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 26 Permits to export not to be granted in respect of specimens unlawfully obtained etc. The Minister shall not grant a permit to export a specimen unless the Minister 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 27 Requirements for permits to export live animals and live plants

(1)


The Minister shall not grant a permit to export a live animal unless the Minister is satisfied that:

(a)


the proposed recipient of the animal is equipped to provide, and will provide, suitable care for the animal; and

(b)


the animal will be prepared and shipped so that the risk of:

(i)


injury to the animal;

(ii)


adverse effect on the health of the animal; and

(iii)


cruel treatment of the animal;

is minimised.

(2)

The Minister shall not grant a permit to export a live plant unless the Minister is satisfied that the plant will be prepared and shipped so that the risk of:



(a)

injury to the plant; and

(b)

adverse effect on the health of the plant;



is minimised.

SECT 28 28 Requirements for permits to export-- SCHEDULE 1 Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 1 unless the Minister 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;



(ii)

the proposed export would be an inter zoological gardens transfer; or

(iii)

in the case of a live animal, other than a native Australian animal, the proposed export would be an export of a household pet in accordance with section 16A;



(c)

where the specimen is a live native Australian animal of a species included in the sub-phylum VERTEBRATA, 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 of a species included in the sub-phylum VERTEBRATA, 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 29 Requirements for permits to export-- SCHEDULE 2 Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 2 unless the Minister is satisfied:

(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;

(ia)


the proposed export would be an inter zoological gardens transfer;

(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; or

(iii)


in the case of a live animal, other than a live native Australian animal, the proposed export would be an export of a household pet in accordance with section 16A;

(c)


where the specimen is a live native Australian animal of a species included in the sub-phylum VERTEBRATA, 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 of a species included in the sub-phylum VERTEBRATA, 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;

(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; or

(v)


in the case of a specimen that is, or is derived from, a native Australian animal, the specimen is, or is derived from, a controlled specimen; 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;

(iii)


the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or

(iv)


the specimen is, or is derived from, a plant specimen that is a controlled specimen.

SECT 30 30 Requirements for permits to export-- SCHEDULE 3 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 Minister 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 31 Requirements for permits to export--native Australian animals and plants 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 Minister 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 or from an animal of a species which is not included in the sub-phylum VERTEBRATA, that:

(i)


the specimen is, or is derived from, a live animal that was bred in captivity;

(ii)


the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or

(iii)


the specimen is, or is derived from, an animal specimen that is a controlled specimen;

(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;

(iv)


the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or

(v)


the specimen is, or is derived from, an animal specimen that is a controlled specimen; 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;

(iii)


the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or

(iv)


the specimen is, or is derived from, a plant specimen that is a controlled specimen.

SECT 32 32 Permits to re-export

(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 Minister 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, in the case of a specimen specified in Part I of Schedule 1 or Part I of Schedule 3:

(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 Minister 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, in the case of a specimen specified in Part I of Schedule 1 or Part I of Schedule 3:

(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 33 Permits to import not to be granted if detrimental to survival of kind of animals or plants 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 Minister 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 34 Requirements for permits to import live animals and live plants The Minister shall not grant a permit to import a live animal or a live plant unless the Minister 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 35 Requirements for permits to import certain live animals and live plants

(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, Part I of Schedule 2A or Part I of Schedule 3, unless the Minister is satisfied:



(a)

that:


(i)

the proposed recipient is an approved institution in relation to a class of specimens that includes that live animal; or

(ii)

the proposed import would be an inter zoological gardens transfer; 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 Minister 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 Minister 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 36 Requirements for permits to import-- SCHEDULE 1

(1)


Subject to subsection (2), the Minister shall not grant a permit to import a specimen specified in Part I of Schedule 1 unless the Minister 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:

(i)


the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or

(ii)


the proposed import would be an inter zoological gardens transfer;

(c)


where the specimen is an animal specimen, that:

(i)


the proposed import would be an inter zoological gardens transfer; or

(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.

(2)


The Minister may grant a permit to import a specimen specified in Part I of Schedule 1, other than a live animal, if the Minister is satisfied that:

(a)


the country from which the specimen is proposed to be imported has a relevant authority;

(b)


a relevant authority of that country has issued a certificate under paragraph 2 of Article VII of the Convention in respect of the specimen; and

(c)


the specimen is not an object of trade.

SECT 37 37 Requirements for permits to import-- SCHEDULE 2

(1)

Subject to subsections (2) and (3), the Minister shall not grant a permit to import a specimen specified in Part I of Schedule 2 unless the Minister 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:



(i)

the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or

(ii)

the proposed import would be an inter zoological gardens transfer;



(c)

where the specimen is an animal specimen, that:

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