Gazette have been shown separately in Note 2]



Yüklə 4.19 Mb.
səhifə7/34
tarix24.08.2017
ölçüsü4.19 Mb.
1   2   3   4   5   6   7   8   9   10   ...   34
Part IV--Miscellaneous

SECT 72 72 False statements

(1)

A person who, in, or in connection with, an application for a permit, an authority or a registration certificate:



(a)

intentionally makes a statement that, to the person's knowledge, is false or misleading in a material particular; or

(b)

intentionally 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 imprisonment for a term not exceeding 2 years.

(2)


A person who:

(a)


intentionally 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)


intentionally 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 60 penalty units.

(3)

For the purposes of the application of subsections (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 74 74 Evidence

(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 75 Evidence of examiner

(1)

The Minister may appoint appropriately qualified persons to be examiners for the purposes of this Act.



(2)

Subject to subsection (4), a certificate signed by an examiner appointed under subsection (1) setting out, in relation to a substance, matter or thing one or more of the following:

(a)

that he or she is appointed as the examiner under subsection (1);



(b)

when and from whom the substance, matter or thing was received;

(c)

what labels or other means of identification accompanied the substance, matter or thing when it was received;



(d)

what container held the substance, matter or thing when it was received;

(e)

a description, including the weight, of the substance, matter or thing when it was received;



(f)

the name of any method used to analyse the substance, matter or thing or any portion of it;

(g)

the results of any such analysis;



(h)

how the substance, matter or thing was dealt with after handling by the examiner, including details of:

(i)

the quantity of the substance, matter or thing retained after analysis; and



(ii)

names of any person to whom any of the substance, matter or thing was given after analysis; and

(iii)

measures taken to secure any retained quantity of the substance, matter or thing after analysis;



is admissible in any proceeding for an offence against this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis.

(3)


For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) 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 subsection

(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 75A 75A Protection of witness

(1)

A witness for the prosecution in any proceedings for an offence against this Act shall not be compelled to disclose:



(a)

the fact that the witness received any information;

(b)

the nature of any information received by the witness; or



(c)

the name of the person who gave the witness any information.

(2)

An inspector who is a witness in any proceedings for an offence against this Act shall not be compelled to produce any report:



(a)

that was made or received by the inspector in confidence in his or her capacity of an inspector; or

(b)

that contains information received by the inspector in confidence.



SECT 76 76 Delegation by Minister

(1)


The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to the Designated Authority or another person all or any of the Minister's powers under this Act, other than:

(a)


the Minister's powers under section 9;

(b)


the Minister's powers under section 24 in relation to an application for a permit to export a specimen specified in Part I of Schedule 3;

(c)


the Minister's powers under section 24 in relation to an application for a permit to import a specimen specified in Part I of Schedule 3;

(ca)


the powers of the Minister under section 43A; 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.

SECT 76A 76A Delegation by Designated Authority

(1)

The Designated Authority, with the approval, in writing, of the Minister, may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Designated Authority:



(a)

delegate to an officer or employee of the Department that deals with Chapter 5 of the Environment Protection and Biodiversity Conservation Act 1999 and is administered by the Minister administering that Chapter any or all of the powers of the Designated Authority under this Act, other than this power of delegation; or

(b)

delegate to a State/Territory officer any or all of the powers of the Designated Authority under Division 3 of Part IIA.



(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 Designated Authority.

(3)

A delegation under this section does not prevent the exercise of the power by the Designated Authority.



(4)

If the Designated Authority delegates a power conferred on the Designated Authority by Division 3 of Part IIA to a State/Territory officer, the State/Territory officer may, by writing, sub-delegate the power to another State/Territory officer.

(5)

Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation.



(6)

Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub-delegation as if it were a delegation.

(7)

In this section:



State/Territory officer means:

(a)


a person who holds or performs the duties of an office or position under a law of a State or Territory; or

(b)


a person who is employed by, or by an authority of, a State or Territory.

SECT 77 77 Arrangements by Minister and Designated Authority

(1)

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.



(2)

The Designated Authority may make arrangements with:

(a)

an authority, agency or instrumentality of the Commonwealth; or



(b)

the Secretary to a Department; or

(c)

an authority, agency or instrumentality of a State or internal Territory; or



(d)

the administration of an external Territory; or

(e)

an authority, agency or instrumentality of a foreign country; or



(f)

an organisation specified in the regulations;

about any matter in connection with:

(g)


the administration or enforcement of this Act; or

(h)


the implementation of the Convention.

SECT 78 78 Co-operation with States and Territories

(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 subsection (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 79 Fees

(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 80 Review on decisions

(1)

An application may be made to the Administrative Appeals Tribunal for a review of any of the following decisions:



(a)

a declaration by the Minister under subsection 10(1);

(aa)

a decision of the Minister under subsection 10(4), (6) or (7) to revoke a declaration;



(ab)

a decision by the Minister under subsection 10(5) to vary a declaration;

(ac)

a declaration by the Minister under subsection 10A(2) or (3);



(ad)

a decision of the Minister under subsection 10A(4A), (4C) or (4D) to revoke a declaration;

(ae)

a decision by the Minister under subsection 10A(4B) to vary a declaration;



(b)

a declaration by the Designated Authority under subsection 11(1) or 12(1);

(c)

a refusal by the Designated Authority of an application made under subsection 11(3) or 12(3);



(d)

a requirement by the Minister under subsection 23(5);

(e)

a decision of the Minister that the Minister 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 subsection 40(5);

(j)

a decision of the Designated Authority under subsection 40(7) to remove the name of a scientific organization from the register maintained under subsection 40(1);



(k)

a decision of the Minister that the Minister is satisfied, or not satisfied, in relation to a matter for the purposes of section 41 or 42, subsection 42A(7) or 42B(9) or section 43 or 44;

(l)

a decision of the Minister to give, or refuse to give, an authority under section 42, 42A, 42B 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;

(ma)

a determination by the Minister for the purposes of paragraph 42A(8)(c) of the period for which an authority under section 42A is to remain in force;



(mb)

a determination by the Minister for the purposes of paragraph 42B(10)(c) of the period for which an authority under section 42B 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 subsection 46(3);

(r)

an imposition under subsection 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 subsection 47(1);

(sa)

a decision by the Designated Authority under subsection 47A(3);



(t)

a refusal by the Minister of an application under subsection 49(1) or (2);

(u)

a decision by the Designated Authority to give, or refuse to give, an approval under subsection 50(1) or 51(1);



(ua)

a decision of the Designated Authority under a determination in force under section 51D;

(w)

a decision of the Designated Authority under subsection 57J(1) to refuse to grant a registration certificate;



(x)

a determination by the Designated Authority under subsection 57L(2) of the period for which a registration certificate is to remain in force;

(y)

an imposition under subsection 57M(1) or (2) of conditions in respect of a registration certificate;



(z)

a decision of the Designated Authority under subsection 57M(2) to vary or revoke a condition in respect of a registration certificate;

(za)

a decision of the Designated Authority under subsection 57Q(1) or (2) to cancel a registration certificate.



(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 Minister that the Minister 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 subsection (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 subsection (3) in relation to a decision shall not be taken to affect the validity of the decision.

(5)

In subsection (1), decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.



SECT 81 81 Regulations 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 10 penalty units for offences against the regulations.



SECT 82 82 Customs (Endangered Species) Regulations

(1)


The Customs (Endangered Species) Regulations made under the Customs Act 1901 are repealed.

(2)


Notwithstanding the repeal by subsection (1) of the regulations referred to in that subsection, 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 subsection (1) in relation to a specimen continues in force by virtue of subsection (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-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

Sections 21, 22, 28 and 36

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

1   2   3   4   5   6   7   8   9   10   ...   34


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azkurs.org 2016
rəhbərliyinə müraciət

    Ana səhifə