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(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;



(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; 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;

(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.

(2)

The Minister may grant a permit to import a specimen specified in Part I of Schedule 2, 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 the country from which the specimen is proposed to be imported 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.

(3)

The Minister may grant a permit to import a specimen specified in Part I of Schedule 2, 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; and

(b)

permission to export that specimen from that country has been given by a relevant authority of that country; and



(c)

the specimen is not an object of trade.

SECT 38 38 Requirements for permits to import-- SCHEDULE 3 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 Minister 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.

SECT 38A 38A Requirements for permits to import-- SCHEDULE 2A The Minister must not grant a permit to import a specimen specified in Part I of Schedule 2A unless the Minister is satisfied:

(a)

in a case where the import is not by way of introduction from the sea and the country from which the specimen is imported is specified in a column of Part II or III of that Schedule opposite the name of the species to which the specimen belongs—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; and



(b)

in a case where the import is not by way of introduction from the sea and the country from which the specimen is imported is not specified in a column of Part II or III of that Schedule opposite the name of the species to which the specimen belongs—that the proposed sender holds a certificate of origin, or an equivalent document or notation, in relation to the specimen; and

(c)

in a case 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.



Division 5-Authorities to export or to import specimens SECT 39 39 Application for authority Subsections 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 subsections as so applying, the references in those subsections to a permit shall be read as references to an authority.

SECT 40 40 Register of scientific organizations

(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 subsection (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 subsection (4), the Designated Authority may, in the Designated Authority's discretion, enter in the register maintained under subsection (1) the name of a scientific organization in Australia, in an external Territory or in another country.

(4)

The regulation:



(a)

may provide that the Designated Authority shall not enter the name of a scientific organization in the register maintained under subsection (1) unless the Designated Authority 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 the Designated Authority 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 subsection (1).



(6)

An application under subsection (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 subsection (8), the Designated Authority may, in the Designated Authority's discretion, remove the name of a scientific organization from the register maintained under subsection (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 subsection (1) unless the Designated Authority 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 the Designated Authority 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 41 Authority to export or import scientific specimens

(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 subsection 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 subparagraph (a)(i); and

(d)


re-export prescribed specimens imported in pursuance of arrangements referred to in subparagraph (b)(i).

(3)


Subject to subsection (4), the Minister shall give an authority under this section to a registered scientific institution that has made an application for the authority under subsection (2).

(4)


The Minister shall not give an authority under this section unless the Minister 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 subsection (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 subsection 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 subsection (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 42 Authority to export or import artificially propagated plants

(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 subsection (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 subsections (4) and (5), the Minister may, in the Minister's discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under subsection (1).

(4)

The Minister shall not give an authority under subsection (3) to export or to import plants unless the Minister 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 subsection (3) to import live plants that are not specified in Schedule 5 or 6 unless the Minister 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 42A 42A Authority to export certain specimens

(1)


In this section, prescribed class means a class of specimens the description of which is entered in the register maintained under subsection (3).

(2)


The Minister may, on the recommendation of the Designated Authority, give the Designated Authority notice, in writing, that a class of specimens described in the notice, not being a class of:

(a)


specimens specified in Part I of Schedule 1;

(b)


specimens specified in Part I of Schedule 2 that are not, or are not derived from, live plants that were artificially propagated;

(c)


specimens specified in Part I of Schedule 3; or

(d)


specimens that are live native Australian animals of a species included in the sub-phylum VERTEBRATA, other than fish;

is to be a prescribed class for the purposes of this section.

(3)

The Designated Authority shall maintain a register containing a description of each class of specimens described in a notice which has been given to the Designated Authority under subsection (2).



(4)

A person may make an application to the Minister for an authority under this section to export specimens included in a specified prescribed class.

(5)

An application under subsection (4) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister.



(6)

Subject to subsection (7), the Minister may, in the discretion of the Minister, give or refuse to give, an authority under this section to export specimens included in a particular prescribed class to a person who has made an application for the authority under subsection (4).

(7)

The Minister shall not give an authority under subsection (6) to export specimens unless the Minister is satisfied that the specimens that would be exported by virtue of the authority would be:



(a)

in the case of animal specimens:

(i)

specimens that are, or are derived from, live animals that were bred in captivity;



(ii)

specimens that are, or are derived from, animal specimens that were taken in accordance with an approved management program; or

(iii)

specimens that are, or are derived from, animal specimens that are controlled specimens; or



(b)

in the case of plant specimens:

(i)

specimens that are, or are derived from, live plants that were artificially propagated;



(ii)

specimens that are, or are derived from, plant specimens that were taken in accordance with an approved management program; or

(iii)

specimens that are, or are derived from, plant specimens that are controlled specimens.



(8)

An authority under this section:

(a)

shall be in writing;



(b)

comes into force on the day on which it is given; and

(c)

subject to section 46, remains in force for a period of 12 months commencing on the day on which it is given or, if a lesser period is specified in the authority, that lesser period.



(9)

A person who has been given an authority under this section shall, when the authority is produced to an officer of Customs or an inspector in accordance with subsection 45(1) in relation to the export of specimens to which the authority applies, give the officer or inspector, or cause the officer or inspector to be given, particulars in writing of those specimens in accordance with a form approved by the Designated Authority.

SECT 42B 42B Authority to import certain specimens

(1)


In this section:

prescribed class means a class of specimens the description of which is entered in the register maintained under subsection (3).

prescribed research means scientific research the description of which is entered in the register maintained under subsection (5).

(2)


The Minister may, on the recommendation of the Designated Authority, give the Designated Authority notice, in writing, that a class of specimens described in the notice, not being a class of specimens in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, is to be a prescribed class for the purposes of this section.

(3)


The Designated Authority shall maintain a register containing a description of each class of specimens described in a notice which has been given to the Designated Authority under subsection (2).

(4)


The Minister may inform the Designated Authority, by notice in writing, that scientific research described in the notice is to be prescribed research for the purposes of this section.

(5)


The Designated Authority shall maintain a register containing descriptions of the scientific research notice of which has been given to the Designated Authority under subsection (4).

(6)


A person may make an application to the Minister for an authority under this section to import specimens included in a specified prescribed class.

(7)


An application under subsection (6) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister.

(8)


Subject to subsection (9), the Minister may, in the discretion of the Minister, give or refuse to give, an authority under this section to import specimens included in a particular prescribed class to a person who has made an application for the authority under subsection (6).

(9)


The Minister shall not give an authority under subsection (8) to import specimens unless the Minister is satisfied that:

(a)


the recipient of any specimens imported in accordance with the authority will be an approved institution in relation to a class of specimens that includes those specimens; and

(b)


the specimens will be used for the purpose of prescribed research.

(10)


An authority under this section:

(a)


shall be in writing;

(b)


comes into force on the day on which it is given; and

(c)


subject to section 46, remains in force for a period of 12 months commencing on the day on which it is given or, if a lesser period is specified in the authority, that lesser period.

(11)


Where a specimen to which an authority under this section applies is imported, the holder of the authority shall, within 7 days after the importation of the specimen, give the Designated Authority, or cause to be given to the Designated Authority, particulars in writing of that specimen.

SECT 43 43 Authority to export or import for the purposes of travelling circuses etc.

(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 subsection (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 subsection (6), the Minister may, in the Minister's discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under subsection (2) or (3).

(6)

The Minister shall not give an authority under this section to export or to import a specimen unless the Minister is satisfied:



(a)

that the specimen will be exported or imported, as the case may be, for the purpose specified in subsection (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 subparagraph 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 subsection 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 43A 43A Authority for Designated Authority to export or import specimens

(1)

The Designated Authority may make an application, in writing, to the Minister for an authority under this section to export or import a specimen.



(2)

Subject to subsections (3) and (4), the Minister may give an authority under this section to the Designated Authority to export or import a specimen when the Designated Authority has made an application for the authority under subsection (1).

(3)

The Minister shall not give an authority under this section to export a specimen unless the Minister is satisfied:



(a)

that:


(i)

the recipient of the specimen will be a relevant authority of a country; and

(ii)

the specimen will be used by that relevant authority for the purpose of:



(A) the identification of a specimen; or
(B) education or training; or

(b)


that:

(i)


the specimen has been seized under this Act; and

(ii)


the specimen will be used to facilitate investigations outside Australia in relation to trade relating to wildlife.

(4)


The Minister shall not give an authority under this section to import a specimen unless the Minister is satisfied that:

(a)


the specimen will be used by the Designated Authority for the purposes of the identification of a specimen;

(b)


that:

(i)


the sender of the specimen will be a relevant authority of a country; and

(ii)


the specimen will be used for the purpose of education or training;

(c)


that the specimen was exported from Australia in contravention of this Act; or

(d)


that the specimen will be used to facilitate investigations in Australia in relation to trade relating to wildlife.

(5)


An authority under this section:

(a)


shall be in writing;

(b)


comes into force on the day on which it is given; and

(c)


subject to section 46, remains in force for a period of 12 months commencing on the day on which it is given or, if a lesser period is specified in the authority, that lesser period.

SECT 44 44 Authority to export or import in exceptional circumstances

(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 Minister is satisfied in relation to a matter; and



(c)

even though the Minister is not satisfied in relation to that matter, the Minister is satisfied that:

(i)

the export or import of the specimen, as the case may be, would not be contrary to the object of this Act; and



(ii)

exceptional circumstances exist that justify the proposed export or import of the specimen;

the Minister may, in the Minister's discretion, give public notice:

(d)


that the Minister 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 the Minister 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 subsection (1) that the Minister 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 the Minister's 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 subsection (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 45 Permit or authority to be produced

(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 or she shall not be taken to have exported that specimen in accordance with that permit or authority unless, before exporting the specimen, he or she:

(a)


produced the permit or authority, or caused the permit or authority to be produced, to:

(i)


where the export is from Australia—an officer of Customs; or

(ii)


where the export is from an external Territory—an inspector;

doing duty in relation to the export of the specimen; or

(b)

received written notice from the Designated Authority authorising the export of the specimen without the production of the permit or authority.



(1A)

The Designated Authority must not give the notice referred to in paragraph (1)(b) unless he or she:

(a)

is satisfied that the production of the permit or authority is impracticable; and



(b)

endorses a copy of the permit or authority to show that the notice is being given; and

(c)

makes that copy available to an officer of Customs, or 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 or she 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 or she 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 46 Revocation etc. of permits and authorities

(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, the Minister 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, the Minister 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 47 Conditions in respect of permits and authorities

(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 47A 47A Export of live native Australian animals by way of inter zoological gardens transfer--special conditions in respect of permits or authorities



When section applies

(1)


This section applies to a permit granted, or an authority given, to export a live native Australian animal by way of an inter zoological gardens transfer.

Conditions relating to agreements

(2)


Without limiting the conditions that may be imposed under subsection 47(1) in respect of the permit or authority, a condition so imposed may:

(a)


require the exporter of the animal to enter into a specified kind of legally enforceable agreement about the treatment or disposal of the animal and any progeny of the animal; and

(b)


require the exporter of the animal to take reasonable steps to enforce the agreement.

Duration of permit or authority

(3)


For the purposes of section 48, the permit or authority is taken to be in force:

(a)


throughout the life of the animal; and

(b)


throughout the life, or lives, of any progeny of the animal;

or for such lesser period as the Designated Authority determines in writing.



Meaning of progeny

(4)


In this section:

progeny does not include animal reproductive material.

SECT 48 48 Compliance with conditions of permit or authority The holder of a permit or an authority who intentionally contravenes a condition imposed under subsection 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 subsection 43(8), is guilty of an offence punishable, on conviction, by a fine not exceeding 120 penalty units.

SECT 49 49 Applications to Minister to vary operation of permits or authorities

(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 subsection 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 subsection (1) or (2):

(a)


if, after consultation with the Designated Authority, the Minister 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, the Minister is not so satisfied—refuse to grant the application.



SECT 50 50 Conditions relating to imported animals

(1)


Without limiting the powers of the Minister under subsection 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 subsection (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 subsection (1), a person shall, for the purposes of that subsection, 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 intentionally contravenes 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 600 penalty units.

SECT 51 51 Conditions relating to imported plants

(1)

Without limiting the powers of the Minister under subsection 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 subsection (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 subsection (1), a person shall, for the purposes of that subsection, 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 intentionally contravenes 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 600 penalty units.



Division 6A--Marking of certain specimens for the purposes of identification SECT 51A 51A Object The object of this Division is:

(a)


to comply with Australia's obligations under:

(i)


the Convention on Biological Diversity; and

(ii)


the Convention (as defined by subsection 4(1)); and

(b)


otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries;

by requiring the marking of certain live specimens for the purposes of identification.

Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate:

* promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and


* prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and
* develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations.

SECT 51B 51B Specimens to which Division applies This Division applies to a live specimen belonging to a species specified in the regulations if:

(a)

the specimen has been imported in accordance with a permit or authority; or



(b)

the specimen is the progeny of a specimen referred to in paragraph (a).

SECT 51C 51C Extended meaning of marking A reference in this Division to the marking of a specimen includes a reference to the following:

(a)


in the case of a live plant:

(i)


the marking or labelling of a container within which the plant is kept or in which the plant is growing; and

(ii)


the placement of a label or tag on the plant;

(b)


in the case of a live animal:

(i)


the implantation of a scannable device in the animal; and

(ii)


the placement of a band on any part of the animal; and

(iii)


the placement (whether by piercing or otherwise) of a tag or ring on any part of the animal; and

(iv)


the marking or labelling of a container within which the animal is kept.

SECT 51D 51D Designated Authority may make determinations about marking of specimens



Determinations

(1)


The Designated Authority may make a written determination about the marking of specified kinds of specimens for the purposes of identification.

Matters that may be covered by determination

(2)


Without limiting subsection (1), a determination by the Designated Authority under that subsection may:

(a)


require specimens to be marked; and

(b)


deal with the manner in which specimens are to be marked; and

(c)


deal with the times at which marking is to occur; and

(d)


deal with the removal or destruction of marks; and

(e)


deal with the replacement or modification of marks; and

(f)


require that marking be carried out by persons approved in writing by the Designated Authority under that determination; and

(g)


deal with the circumstances in which marks may be, or are required to be, rendered useless; and

(h)


in the case of a mark that consists of a label, tag, band or device:

(i)


set out specifications relating to the label, tag, band or device; and

(ii)


require that any destruction or removal of the label, tag, band or device be carried out by a person approved in writing by the Designated Authority under that determination.

Marking of animals not to involve undue pain etc.

(3)


In the case of a live animal, a determination under subsection (1) must not require marking that involves:

(a)


undue pain or distress to the animal; or

(b)


undue risk of the death of the animal.

Marking of plants not to involve undue risk of death

(4)


In the case of a live plant, a determination under subsection (1) must not require marking that involves undue risk of the death of the plant.

Disallowable instrument

(5)


A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

SECT 51E 51E Offences



Owner to ensure specimens marked etc.

(1)


If a determination under section 51D applies to a specimen, the owner of the specimen must comply with the determination.

Person not to remove or interfere with mark etc.

(2)


If a specimen is marked in accordance with a determination under section 51D, a person must not:

(a)


remove the mark; or

(b)


interfere with the mark; or

(c)


render the mark unusable;

except in accordance with a determination under that section.



Offence

(3)


A person who intentionally or recklessly contravenes subsection (1) or (2) is guilty of an offence punishable on conviction by a fine not exceeding 120 penalty units.

SECT 51F 51F Concurrent operation of State and Territory laws This Division is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Division.

Division 7-Miscellaneous SECT 52 52 Matters published in Gazette

(1)


The Designated Authority must, from time to time, but not less frequently than every 12 months, prepare a document setting out particulars of:

(a)


permits granted or authorities given; and

(b)


refusals to grant permits or to give authorities; and

(c)


specimens exported or imported in accordance with permits or authorities.

(1A)


The Designated Authority must:

(a)


give a free copy of the document to any person who asks for a copy; and

(b)


make the document available for inspection at each office of the Designated Authority.

(1B)


As soon as practicable after the Designated Authority prepares a document under subsection (1), the Designated Authority must publish a notice in the Gazette:

(a)


stating that the document has been prepared; and

(b)


setting out the effect of subsection (1A).

(2)


Where, in accordance with subsection (1), particulars of permits granted, or of refusals to grant permits, are set out in a document, 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 subsection (1), particulars of authorities given, or of refusals to give authorities, under section 42 or 43 are set out in a document, 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.

SECT 53 53 Possession of illegally imported specimens

(1A)

The object of this section is:



(a)

to comply with Australia's obligations under:

(i)

the Convention on Biological Diversity; and



(ii)

the Convention (as defined by subsection 4(1)); and

(b)

otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries;



by prohibiting the possession of illegally imported specimens and the progeny of such specimens.

Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate:

* promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and
* prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and
* develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations.

(1)


A person who:

(a)


without reasonable excuse (proof of which lies upon the person) has in his or her possession, whether on board any vessel or aircraft or otherwise, any specimen that has been imported in contravention of this Act or any progeny of such a specimen; or

(b)


without reasonable excuse (proof of which lies upon the person) has in his or her possession any specimen that he knows, or has reasonable grounds for suspecting, has been imported in contravention of this Act or any progeny of such a specimen;

is guilty of an offence.

Note: Because of the operation of subsection 4(2B), the import of a thing represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant) may have been in contravention of this Act.

(2)


On the prosecution of a person for an offence against subsection (1), being an offence to which paragraph (1)(a) applies, it is a defence if the person proves that he or she did not know, and had no reasonable grounds for knowing or suspecting, that the specimen had been imported in contravention of this Act.

(3)


On the prosecution of a person for an offence against subsection (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 subsection (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 subsection (1) is punishable upon conviction by imprisonment for a term 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 the person is not liable to be punished twice in respect of any one offence.

SECT 53A 53A Cruelty--import or export of animals

(1)

This section applies to:



(a)

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

(b)

a live native Australian animal; or



(c)

a live animal other than an animal specified in Part I of Schedule 5 or Part I of Schedule 6.

(2)

If:


(a)

a person exports an animal in a manner that subjects the animal to cruel treatment; and

(b)

the person knows that, or is reckless as to whether, the export subjects the animal to cruel treatment; and



(c)

the person intentionally or recklessly contravenes section 21 in relation to the export of the animal;

the person is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

(3)


If:

(a)


a person imports an animal in a manner that subjects the animal to cruel treatment; and

(b)


the person knows that, or is reckless as to whether, the import subjects the animal to cruel treatment; and

(c)


the person intentionally or recklessly contravenes section 22 in relation to the import of the animal;

the person is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

SECT 53B 53B Imports of specimens contrary to the laws of a foreign country

(1)


A person must not intentionally import a specimen if the person knows that:

(a)


the specimen was exported from a foreign country; and

(b)


at the time the specimen was exported, the export of the specimen was prohibited by a law of the foreign country that corresponds to this Act.

Penalty: Imprisonment for 5 years.

(2)

A prosecution must not be instituted for an offence against this section unless the relevant authority of the foreign country has requested:



(a)

the investigation of the offence; or

(b)

assistance in relation to a class of offences in which the offence is included.



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