Text File

WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982No. 149 of 1982

TABLE OF PROVISIONS

Section

PART I-PRELIMINARY

1. Short title 2. Commencement 3. Object of Act 4. Interpretation 5. Saving of other laws 6. Application of Act 7. Act to bind Crown 8. Act not to apply to certain specimens 9. Variation of Schedules 10. Approved management programs 11. Approved institutions 12. Approved zoological organizations 13. Inter zoological gardens transfer 14. Breeding in captivity 15. Artificial propagation 16. Export of household pets 17. Designated Authority 18. Constitution of Designated Authority 19. Remuneration and allowances of Designated Authority 20. Acting Designated Authority

PART II-REGULATION OF EXPORT AND IMPORT OF SPECIMENS

Division 1-Prohibition of certain exports and imports

21. Certain exports prohibited 22. Certain imports prohibited

Division 2-Permits to export or to import specimens

23. Application for permit 24. Grant of permit

Division 3-Requirements for permits to export specimens

25. Permits to export not to be granted if detrimental to survival of kind of animals or plants 26. Permits to export not to be granted in respect of specimens unlawfully obtained, &c. 27. Requirements for permits to export live animals and live plants 28. Requirements for permits to export-Schedule 1 29. Requirements for permits to export-Schedule 2 30. Requirements for permits to export-Schedule 3 31. Requirements for permits to export-Native Australian animals and plants 32. Permits to re-export

Division 4-Requirements for permits to import specimens

33. Permits to import not to be granted if detrimental to survival of kind of animals or plants 34. Requirements for permits to import live animals and live plants 35. Requirements for permits to import certain live animals and live plants 36. Requirements for permits to import-Schedule 1 37. Requirements for permits to import-Schedule 2 38. Requirements for permits to import-Schedule 3

Division 5-Authorities to export or to import specimens

39. Application for authority 40. Register of scientific organizations 41. Authority to export or import scientific specimens 42. Authority to export or import artificially propagated plants 43. Authority to export or import for the purposes of travelling circuses,&c. 44. Authority to export or import in exceptional circumstances

Division 6-Permits and Authorities

45. Permit or authority to be produced 46. Revocation, &c., of permits and authorities 47. Conditions in respect of permits and authorities 48. Compliance with conditions of permit or authority 49. Applications to Minister to vary operation of permits and authorities 50. Conditions relating to imported animals 51. Conditions relating to imported plants

Division 7-Miscellaneous

52. Matters published in Gazette 53. Possession of illegally imported specimens 54. Specimens in personal effects of visitors to Australia 55. Specimens in personal effects of intending residents of Australia 56. Specimens in personal effects of residents of Australia 57. Uncertainty regarding specimen

PART III-ADMINISTRATION

58. Appointment of inspectors 59. Inspectors ex officio 60. Arrangements for State and Territory officers to be inspectors 61. Identity cards 62. Boarding of vessels, &c., by inspectors 63. Access to premises 64. Functions of inspectors 65. Powers of arrest of inspectors 66. Persons to assist inspectors 67. Power to search baggage 68. Obstruction of inspectors 69. Seizure and forfeiture of specimens 70. Disposal of certain live animals and plants seized 71. Seizure and forfeiture of goods involved in offences 72. False statements 73. Indictable offences 74. Evidence 75. Evidence of analyst 76. Delegation 77. Arrangements by Minister 78. Co-operation with States and Territories 79. Fees 80. Review of decisions 81. Regulations 82. Customs (Endangered Species) Regulations

SCHEDULE 1 Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 28 and

36 apply

SCHEDULE 2 Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 29 and

37 apply

SCHEDULE 3 Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 30 and

38 apply

SCHEDULE 4 Specimens that are, or are derived from, native Australian animals or native Australian plants and the export of which is not prohibited by paragraph 21 (b)

SCHEDULE 5 Live animals and live plants the import of which is not prohibited by paragraph

22 (b) and in relation to which section 9 does not apply

SCHEDULE 6 Live animals and live plants the import of which is not prohibited by paragraph

22 (b) and in relation to which section 9 applies

SCHEDULE 7

Species of native Australian animals eligible to be treated as household pets

SCHEDULE 8 Convention on International Trade in Endangered Species of Wild Fauna and Flora

PART I-PRELIMINARY

SECT. 1. Short title. WPREI 82:149 IDX An Act to further the protection and conservation of wildlife by regulating the export and import of certain animals, plants and goods, and for related purpose s (Assented to 31 December 1982) WPREI 82:149 TOP

1. This Act may be cited as the Wildlife Protection (Regulation of Exports and Imports) Act 1982.

SECT. 2. Commencement WPREI 82:149 IDX WPREI 82:149 TOP

2. This Act shall come into operation on a date to be fixed by Proclamation.

SECT. 3. Object of Act WPREI 82:149 IDX WPREI 82:149 TOP

3. The object of this Act is to comply with the obligations of Australia under the Convention and otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries by-

(a) regulating the export of specimens that are, or are derived from, native Australian animals or native Australian plants;

(b) regulating the export and import of specimens that are, or are derived from, animals, or plants, of a kind that are threatened with extinction;

(c) regulating the export and import of specimens that are, or are derived from, animals, or plants, of a kind that might become threatened with extinction if international trade in such specimens were not regulated;

(d) regulating the export and import of specimens that are, or are derived from, animals, or plants, of a kind that require, or might require, special protection by way of the regulation of international trade in such specimens;

(e) regulating the import of animals and plants of a kind the establishment of which in Australia or an external Territory could have an adverse effect (otherwise than by reason of a disease) on, or on the habitats of, native Australian animals or native Australian plants;

(f) regulating the export of specimens that are difficult to distinguish from specimens referred to in paragraph (a), (b), (c) or (d); and

(g) regulating the import of specimens that are difficult to distinguish from specimens referred to in paragraph (b), (c), (d) or (e).

SECT. 4. Interpretation WPREI 82:149 IDX WPREI 82:149 TOP

4. (1) In this Act, unless the contrary intention appears-

"animal" means any member, alive or dead, of the animal kingdom (other than man);

"animal reproductive material" means-

(a) an embryo, an egg or sperm of an animal; or

(b) any other part, or product, of an animal from which another animal could be produced;

"animal specimen" means-

(a) an animal;

(b) animal reproductive material;

(c) the skin, feathers, horns, shell or any other part of an animal; or

(d) any article wholly produced by or from, or otherwise wholly derived from, a single animal;

"approved institution" means an organization declared by a declaration in force under section 11 to be an approved institution in relation to a class, or classes, of specimens;

"approved management program" means a management program declared by a declaration in force under section 10 to be an approved management program;

"approved zoological organization" means a zoological organization declared by a declaration in force under section 12 to be an approved zoological organization in relation to a class, or classes, of specimens;

"article" includes a substance or a mixture of substances;

"artificially propagated", in relation to a plant or plant reproductive material, has the meaning given by section 15;

"authority" means an authority to export or to import a specimen given under section 41, 42, 43 or 44;

"bred in captivity", in relation to an animal or animal reproductive material, has the meaning given by section 14;

"care", in relation to an animal or a plant, includes, where appropriate, the provision of suitable housing for the animal or plant;

"coastal sea"-

(a) in relation to Australia, means-

(i) the territorial sea of Australia; and

(ii) the sea on the landward side of the territorial sea of Australia; and

(b) in relation to an external Territory, means-

(i) the Territorial sea of that Territory; and

(ii) the sea on the landward side of the territorial sea of that Territory;

"continental shelf", in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973;

"Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington in the United States of America on 3 March 1973 (a copy of the version of which in the English language, apart from the Appendices to it, is set out in Schedule 8);

"Designated Authority" means the Designated Authority established by section 17;

"Director" means the Director of National Parks and Wildlife appointed under the National Parks and Wildlife Conservation Act 1975;

"disease" means-

(a) a disease, parasite or pest that, for the purposes of the Quarantine Act 1908, is a disease in relation to animals; or

(b) a disease, pest or plant that, for the purposes of that Act, is a disease in relation to plants;

"export" means export from Australia or from an external Territory, but does not include-

(a) export from Australia to a prescribed Territory;

(b) export from a prescribed Territory to Australia; and

(c) export from a prescribed Territory to the other prescribed Territory;

"fish" means any animal that is a member of the class Pisces, and includes a shark, a skate and a ray;

"holder" means-

(a) in relation to a permit-the person who has been granted that permit; or

(b) in relation to an authority-the person who has been given that authority;

"import" means import (including import by way of introduction from the sea) into Australia or into an external Territory, but does not include-

(a) import into Australia from a prescribed Territory;

(b) import into a prescribed Territory from Australia; and

(c) import into a prescribed Territory from the other prescribed Territory;

"inspector" means-

(a) a person appointed as an inspector under section 58;

(b) a person who is an inspector by virtue of section 59; or

(c) a person who is an inspector by virtue of an arrangement entered into under sub-section 60 (1), (2) or (3);

"inter zoological gardens transfer" has the meaning given by section 13;

"live animal" includes animal reproductive material;

"live plant" includes plant reproductive material;

"management program" means a program for the protection, conservation or management of animals or of plants, or of both;

"marine environment" means the sea, and includes-

(a) the air space above the sea; and

(b) the sea-bed and subsoil beneath the sea;

"native Australian animal" means-

(a) an animal of a species that is indigenous to Australia or to an external Territory;

(b) an animal of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea-bed or subsoil beneath that sea;

(c) an animal of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters;

(d) a migratory animal of a species that periodically or occasionally visits Australia or an external Territory, the coastal sea of Australia or of an external Territory, or the sea over the continental shelf of Australia or of an external Territory; or

(e) an animal of a species that is not indigenous to Australia but was present in Australia before the year 1788;

"native Australian plant" means-

(a) a plant of a species that is indigenous to Australia or to an external Territory;

(b) a plant of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea-bed or subsoil beneath that sea;

(c) a plant of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters; or

(d) a plant of a species that is not indigenous to Australia but was present in Australia before the year 1788;

"offence against this Act" includes-

(a) an offence against section 6, 7 or 7A of the Crimes Act 1914 in relation to this Act; and

(b) an offence against sub-section 86 (1) of the Crimes Act 1914 by virtue of paragraph (a) of that sub-section, being an offence in relation to an offence against this Act;

"officer of Customs" has the same meaning as it has in the Customs Act 1901;

"permit" means a permit to export or to import a specimen granted under section 24;

"plant" means a member, alive or dead, of the plant kingdom;

"plant reproductive material" means-

(a) a seed or spore of a plant;

(b) a cutting from a plant; or

(c) any other part, or product, of a plant from which another plant can be produced;

"plant specimen" means-

(a) a plant;

(b) plant reproductive material;

(c) any part of a plant; and

(d) any article wholly produced by or from, or otherwise wholly derived from, a single plant;

"premises" includes land;

"prescribed scientific organization" means a scientific organization included in a class of scientific organizations declared by the regulations to be a prescribed class of scientific organizations for the purposes of this Act;

"prescribed scientific research" means scientific research engaged in by a prescribed scientific organization;

"prescribed Territory" means-

(a) the Coral Sea Islands Territory; and

(b) the Territory of Ashmore and Cartier Islands;

"progeny" includes-

(a) in relation to a live animal-any animal reproductive material of that animal or of any progeny of that animal;

(b) in relation to a live plant-any plant reproductive material of that plant or of any progeny of that plant;

(c) in relation to a live animal that is animal reproductive material-any animal resulting from that material or any progeny of such animal; and

(d) in relation to a live plant that is plant reproductive material-any plant resulting from that material or any progeny of such plant;

"recipient" means-

(a) in relation to a specimen that is exported-the person in the country to which the specimen is exported who is to have the care and custody of the specimen after the export; and

(b) in relation to a specimen that is imported into Australia or into an external Territory-the person in Australia or that Territory, as the case may be, who is to have the care and custody of the specimen after the import;

"relevant authority", in relation to a country, means-

(a) where the country is a party to the Convention-a Management Authority of that country; or

(b) where the country is not a party to the Convention-the competent authority of that country within the meaning of Article X of the Convention;

"sender", in relation to a specimen that is imported into Australia or into an external Territory, means the person in the country from which the specimen is imported who exports it from that country to Australia or to that Territory, as the case may be;

"scientific organization" means an organization engaged in scientific research;

"specimen" means-

(a) an animal specimen; or

(b) a plant specimen;

"take" includes-

(a) in relation to an animal-catch, capture, trap and kill; and

(b) in relation to a plant specimen-pick, gather and cut;

"territorial sea", in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973;

"vessel" means a vessel or boat of any description, and includes-

(a) an air-cushion vehicle or other similar craft; and

(b) any floating structure;

"zoological organization" means an organization engaged in the exhibition or breeding of wild animals.

(2) For the purposes of this Act, where an article consists of, or is derived from-

(a) a specimen and other material;

(b) 2 or more specimens; or

(c) 2 or more specimens and other material, that article shall be deemed to be separate articles, being-

(d) that specimen and an article consisting of that material;

(e) each of those specimens; or

(f) each of those specimens and an article consisting of that material, as the case may be.

(3) A reference in this Act to a country shall be read as including a reference to a place that is a territory, dependency or colony (however described) of another country.

(4) For the purposes of this Act, a specimen shall be taken to have been imported into Australia or into an external Territory by way of introduction from the sea if, and only if, the specimen was taken in the marine environment not under the jurisdiction of any country and then imported into Australia or the external Territory, as the case may be, without having been imported into any other country.

(5) For the purposes of this Act-

(a) where a live animal (other than animal reproductive material) that was bred in captivity dies, the dead animal and specimens derived from the dead animal shall be taken to be specimens derived from that live animal; and

(b) where a live plant (other than plant reproductive material) that was artificially propagated dies, the dead plant and specimens derived from the dead plant shall be taken to be specimens derived from that live plant.

(6) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.

(7) Except so far as the contrary intention appears, an expression that is used in this Act without being defined in, or having a particular meaning assigned to it by, this Act and is used in the Convention (whether or not it is defined in, or a particular meaning is assigned to it by, the Convention) has, in this Act, the same meaning as it has in the Convention.

(8) For the purposes of this Act, the doing of any thing to, or with, a live animal or a live plant (including killing the animal or plant or doing, or failing to do, any thing in relation to the housing of the animal or plant) for the purposes of scientific research shall not be taken to be failure to provide suitable care for the animal or plant.

(9) For the purposes of this Act, where the common name of a kind of animal or plant is set out in a Schedule next to or under a taxon, that common name does not affect the meaning of that taxon.

(10) For the purposes of this Act, a genus, species or sub-species referred to in a description set out in a Part of a Schedule shall not be taken to be specified in that Part.

SECT. 5. Saving of other laws WPREI 82:149 IDX WPREI 82:149 TOP

5. (1) This Act and the regulations shall be read and construed as being in addition to, and not in derogation of or in substitution for-

(a) the Customs Act 1901;

(b) the Quarantine Act 1908; or

(c) any other law of the Commonwealth or of an external Territory, whether passed or made before or after the commencement of this Act.

(2) A person who is the holder of a permit or an authority to export or to import a specimen is not, by reason only of being the holder of the permit or authority, exempt from compliance with any law referred to in paragraph (1) (a), (b) or (c) that applies in relation to that specimen.

(3) Without limiting the generality of sub-section (1), this Act and the regulations shall not be read or construed as authorizing or permitting the doing of any act in contravention of the Quarantine Act 1908 or of a law of an external Territory relating to quarantine.

SECT. 6. Application of Act WPREI 82:149 IDX WPREI 82:149 TOP

6. This Act applies both within and outside Australia and extends to every external Territory.

SECT. 7. Act to bind Crown WPREI 82:149 IDX WPREI 82:149 TOP

7. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

SECT. 8. Act not to apply to certain specimens WPREI 82:149 IDX WPREI 82:149 TOP

8. (1) For the purposes of this Act, where a specimen is brought into Australia from a country (other than a prescribed Territory)-

(a) for the purpose of transhipment to another country; or

(b) as part of an aircraft's stores or ship's stores, that specimen-

(c) shall be taken not to have been imported into Australia; and

(d) when it leaves Australia, shall be taken not to be exported from Australia.

(2) For the purposes of this Act, where a specimen is brought into an external Territory (other than a prescribed Territory)-

(a) for the purpose of transhipment to another country; or

(b) as part of an aircraft's stores or ship's stores, that specimen-

(c) shall be taken not to have been imported into that Territory; and

(d) when it leaves that Territory, shall be taken not to be exported from that Territory.

(3) For the purposes of this Act, where a prescribed organization sends a specimen out of, or brings a specimen into, Australia or an external Territory for the purpose of using the specimen in a diagnostic test that is to be carried out in an endeavour to identify a disease of humans, animals or plants, that specimen shall be taken not to have been exported or imported, as the case may be.

(4) For the purposes of this Act, where-

(a) a prescribed person or a prescribed organization is satisfied that, in order to meet an emergency involving danger to the life or health of a human or an animal, it is necessary or desirable that a specimen that could be used in treating that person or animal should be sent out of, or brought into, Australia or an external Territory; and

(b) that specimen is sent out of, or brought into, Australia or that Territory, as the case requires, to meet that emergency, that specimen shall be taken not to have been exported or imported, as the case may be.

(5) For the purposes of this Act, where, in accordance with the Quarantine Act 1908 or a law of an external Territory relating to quarantine, a person exercising powers under that Act or law brings into Australia or an external Territory a specimen that is subject to quarantine, that specimen shall be taken not to have been imported unless and until it is released from quarantine.

(6) In this section, "aircraft's stores" and "ship's stores" have the same meanings respectively as they have in Part VII of the Customs Act 1901.

SECT. 9. Variation of Schedules WPREI 82:149 IDX WPREI 82:149 TOP

9. (1) The Minister may, by instrument under his hand published in the Gazette, declare that a Schedule, not being Schedule 5 or 8, specified in the instrument shall be deemed to be amended in a manner specified in the instrument, and that declaration shall have effect accordingly.

(2) Sections 48 (other than paragraph (1) (a)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to declarations under sub-section (1) as if, in those sections, references to regulations were references to declarations.

(3) For the purposes of section 8 of the Acts Interpretation Act 1901, a declaration under sub-section (1) that is deemed to amend a Schedule by way of repealing part of that Schedule shall be deemed to be an Act that repeals that part of that Schedule.

(4) The Minister will take all necessary action to ensure that, where a Schedule is deemed to be amended by virtue of a declaration in force under sub-section (1), a copy of that Schedule as deemed to be amended is readily available, on the payment of such fee (if any) as is prescribed, to any member of the public who might wish to export or to import, or is otherwise concerned with the export or import of, specimens.

SECT. 10. Approved management programs WPREI 82:149 IDX WPREI 82:149 TOP

10. (1) Subject to any regulations referred to in sub-section (2), the Minister may, by instrument under his hand published in the Gazette, declare a management program that is being, is proposed to be, or has been, carried out, in Australia, in an external Territory or in another country to be an approved management program for the purposes of this Act.

(2) The regulations-

(a) may provide that the Minister shall not declare a management program to be an approved management program unless he is satisfied of certain matters in relation to the program; or

(b) may prescribe matters that are to be taken into account by the Minister when determining whether he shall declare a management program to be an approved management program.

SECT. 11. Approved institutions WPREI 82:149 IDX WPREI 82:149 TOP

11. (1) Subject to any regulations referred to in sub-section (2), the Designated Authority may, by instrument under his hand published in the Gazette, declare an organization in Australia, in an external Territory or in another country, being an organization that is engaged in activities relating to live animals or live plants, to be an approved institution in relation to a class, or classes, of specimens specified in the instrument.

(2) The regulations-

(a) may provide that the Designated Authority shall not declare an organization referred to in sub-section (1) to be an approved institution in relation to any class, a particular class, or particular classes, of specimens unless he is satisfied of certain matters in relation to the organization; or

(b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether he will declare an organization referred to in sub-section (1) to be an approved institution in relation to any class, a particular class, or particular classes, of specimens.

(3) An organization referred to in sub-section (1) may apply, in writing, to the Designated Authority to be declared to be an approved institution in relation to a class, or classes, of specimens specified in the application.

SECT. 12. Approved zoological organizations WPREI 82:149 IDX WPREI 82:149 TOP

12. (1) Subject to any regulations referred to in sub-section (2), the Designated Authority may, by instrument under his hand published in the Gazette, declare a zoological organization in Australia, in an external Territory or in another country to be an approved zoological organization in relation to a class, or classes, of specimens specified in the instrument.

(2) The regulations-

(a) may provide that the Designated Authority shall not declare a zoological organization to be an approved zoological organization in relation to any class, a particular class, or particular classes, of specimens unless he is satisfied of certain matters in relation to the organization; or

(b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether he will declare a zoological organization to be an approved zoological organization in relation to any class, a particular class, or particular classes, of specimens.

(3) A zoological organization may apply, in writing, to the Designated Authority to be declared to be an approved zoological organization in relation to a class, or classes, of specimens specified in the application.

SECT. 13. Inter zoological gardens transfer WPREI 82:149 IDX WPREI 82:149 TOP

13. For the purposes of this Act, the export or the import of an animal specimen shall be taken to be an inter zoological gardens transfer if, and only if-

(a) the exporter or the sender, as the case may be, is an approved zoological organization in relation to a class of specimens that includes that specimen;

(b) in the case of a specimen that is a live animal-the animal is not required by the exporter or the sender, as the case may be, for the purposes of breeding or exhibition;

(c) in the case of a specimen, other than a specimen that is, or is derived from, a live animal that was bred in captivity-the specimen was not purchased or otherwise obtained for the purposes of trade; and

(d) the recipient is an approved zoological organization in relation to a class of specimens that includes that specimen.

SECT. 14. Breeding in captivity WPREI 82:149 IDX WPREI 82:149 TOP

14. For the purposes of this Act, a live animal of a particular kind shall be taken to have been bred in captivity if, and only if, it was bred in circumstances declared by the regulations to be circumstances the breeding in which of-

(a) any live animal;

(b) any live animal of that kind; or

(c) any live animal included in a class of live animals that includes live animals of that kind, would constitute breeding in captivity.

SECT. 15. Artificial propagation WPREI 82:149 IDX WPREI 82:149 TOP

15. For the purposes of this Act, a live plant of a particular kind shall be taken to have been artificially propagated if, and only if, it was propagated in circumstances declared by the regulations to be circumstances the propagation in which of-

(a) any live plant;

(b) any live plant of that kind; or

(c) any live plant included in a class of live plants that includes live plants of that kind, would constitute artificial propagation.

SECT. 16. Export of household pets WPREI 82:149 IDX WPREI 82:149 TOP

16. The export of a live native Australian animal from Australia or from an external Territory is an export of a household pet in accordance with this section if-

(a) the animal is an animal of a species specified in Schedule 7;

(b) the exporter has owned and kept the animal as a household pet for not less than 3 years immediately preceding the export;

(c) the exporter has been ordinarily resident in Australia or that Territory, as the case may be, for not less than 4 years immediately preceding the export;

(d) the exporter is leaving Australia or that Territory, as the case may be, with the intention of taking up permanent residence in another country; and

(e) it is not proposed to export any animal of that species that has been kept as a household pet by the exporter or the members of the household of the exporter other than that animal or that animal and one other animal of that species.

SECT. 17. Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP

17. There shall be a Designated Authority for the purposes of this Act.

SECT. 18. Constitution of Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP

18. (1) On and after the commencement of this Act and unless and until any appointment is made under sub-section (2), the Designated Authority is the Director, but the Director may resign the office of Designated Authority under sub-section (5).

(2) Subject to sub-section (1), the Designated Authority-

(a) shall be a person appointed by the Minister;

(b) shall be appointed on a part-time basis;

(c) holds office at the pleasure of the Minister; and

(d) may be the Director or a person who is an officer or employee within the meaning of the Public Service Act 1922.

(3) A person shall not be appointed to be the Designated Authority unless he has such qualifications and experience in connection with the conservation or management of wild animals and wild plants as, in the opinion of the Minister, render him suitable for the appointment.

(4) The Designated Authority holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.

(5) The Designated Authority may resign his office by writing signed by him and delivered to the Minister.

SECT. 19. Remuneration and allowances of Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP

19. (1) The Designated Authority shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

(2) The Designated Authority shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

SECT. 20. Acting Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP

20. (1) The Minister may appoint a person to act as the Designated Authority-

(a) during a vacancy in the office of Designated Authority; or

(b) during any period, or during all periods, when the Designated Authority is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(3) The Minister may-

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Designated Authority; and

(b) terminate such an appointment at any time.

(4) Where a person is acting as Designated Authority in accordance with paragraph (1) (b) and the office of Designated Authority becomes vacant while that person is so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(5) The appointment of a person to act as the Designated Authority ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.

(6) Where a person is acting as Designated Authority, he has and may exercise all the powers, and may perform all the functions, of the Designated Authority under this Act.

(7) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment or acting had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.

PART II-REGULATION OF EXPORT AND IMPORT OF SPECIMENS

Division 1-Prohibition of certain exports and imports

SECT. 21. Certain exports prohibited WPREI 82:149 IDX WPREI 82:149 TOP

21. A person shall not, otherwise than in accordance with a permit or an authority, export-

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

(b) a specimen that is, or is derived from, a native Australian animal or a native Australian plant and is not specified in Part I of Schedule 4. Penalty-

(a) if the person is a natural person-$100,000 or imprisonment for 5 years; or

(b) if the person is a body corporate-$200,000.

SECT. 22. Certain imports prohibited WPREI 82:149 IDX WPREI 82:149 TOP

22. A person shall not, otherwise than in accordance with a permit or an authority, import-

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

(b) a specimen, being a live animal or a live plant (whether or not it is a specimen referred to in paragraph (a)) other than a live animal, or live plant, specified in Part I of Schedule 5 or Part I of Schedule 6. Penalty-

(a) if the person is a natural person-$100,000 or imprisonment for 5 years; or

(b) if the person is a body corporate-$200,000.

Division 2-Permits to export or to import specimens

SECT. 23. Application for permit WPREI 82:149 IDX WPREI 82:149 TOP

23. (1) A person may make an application to the Minister for the grant of-

(a) a permit to export a specimen the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21; or

(b) a permit to import a specimen the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22.

(2) An application for a permit shall be made in accordance with the prescribed form or, if no form is prescribed, a form approved by the Minister.

(3) An application for a permit to export or to import a specimen for the purposes of scientific research shall contain particulars of the nature and purpose of that research.

(4) Where an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling him to deal with the application (including the purpose of enabling the Designated Authority to advise him in relation to the application), the Minister may, by notice in writing served on the applicant not later than 60 days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 24, not to have been duly made until the statement is furnished.

(5) Where an application is made for the grant of a permit and the Minister requires a test to be carried out for the purpose of enabling him to deal with the application (including the purpose of enabling the Designated Authority to advise him in relation to the application), the Minister may, by notice in writing served on the applicant not later than 60 days after the application is made-

(a) inform the applicant of the nature of, the reason for, and the estimated cost of, that test and of the estimated time within which the result of that test would be obtained by the Minister; and

(b) require the applicant to pay to the Commonwealth, as specified in the notice, the amount of that estimated cost, and, if a notice is so served, the application shall be deemed, for the purposes of section 24, not to have been duly made until the amount of that estimated cost is paid and the result of that test is obtained by the Minister.

SECT. 24. Grant of permit WPREI 82:149 IDX WPREI 82:149 TOP

24. (1) Subject to this Act, the Minister may, in his discretion, grant, or refuse to grant, a permit to a person who has made an application for the permit in accordance with section 23.

(2) Subject to sub-section (3), the Minister shall give a decision under sub-section (1) on an application for a permit within 90 days after the application is made.

(3) Where, within 90 days after an application for a permit is made, the Minister administering the Environment Protection (Impact of Proposals) Act 1974, in accordance with procedures approved for the purposes of that Act, directs the submission to him of an environmental impact statement in relation to the export or import in respect of which the application is made, the Minister administering this Act shall give a decision under sub-section (1) on the application-

(a) within 30 days after the completion of all procedures under the Environment Protection (Impact of Proposals) Act 1974 in connection with the environmental impact statement; or

(b) within 90 days after the application is made, whichever period is the last to end.

(4) A permit shall be in writing in the prescribed form, or, if no form is prescribed, a form approved by the Minister.

(5) A permit-

(a) comes into force on the date on which it is granted; and

(b) subject to section 46, remains in force for a period of 6 months commencing on the date on which it is granted or, if a lesser period is specified in the permit, that lesser period.

Division 3-Requirements for permits to export specimens

SECT. 25. Permits to export not to be granted if detrimental to survival of kind of animals or plants WPREI 82:149 IDX WPREI 82:149 TOP

25. The Minister shall not grant a permit to export a specimen unless the Designated Authority has advised him that he is satisfied that the export of the specimen will not be detrimental to, or contribute to trade which is detrimental to, the survival of-

(a) any species or sub-species; or

(b) any population specified in Schedule 1, 2 or 3.

SECT. 26. Permits to export not to be granted in respect of specimens unlawfully obtained, &c. WPREI 82:149 IDX WPREI 82:149 TOP

26. The Minister shall not grant a permit to export a specimen unless the Designated Authority has advised him that he is satisfied that the specimen was not obtained in contravention of, and the export would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory.

SECT. 27. Requirements for permits to export live animals and live plants WPREI 82:149 IDX WPREI 82:149 TOP

27. The Minister shall not grant a permit to export a live animal or a live plant unless the Designated Authority has advised him that he is satisfied that-

(a) the proposed recipient of the animal or plant is equipped to provide, and will provide, suitable care for the animal or plant; and

(b) the animal or plant will be prepared and shipped so that the risk of-

(i) injury to the animal or plant;

(ii) adverse effect on the health of the animal or plant; and

(iii) in the case of an animal-cruel treatment of the animal, is minimized.

SECT. 28. Requirements for permits to export-Schedule 1 WPREI 82:149 IDX WPREI 82:149 TOP

28. Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 1 unless the Designated Authority has advised him that he is satisfied-

(a) that-

(i) the country to which the specimen is proposed to be exported has a relevant authority; and

(ii) permission to import that specimen into that country has been given by a relevant authority of that country;

(b) where the specimen is a live animal, that the proposed exporter and the proposed recipient are approved institutions in relation to a class of specimens that includes that live animal;

(c) where the specimen is a live native Australian animal, that the proposed export-

(i) would be an inter zoological gardens transfer; or

(ii) is for the purposes of prescribed scientific research;

(d) where the specimen is an animal specimen, other than a live native Australian animal, that-

(i) the proposed export would be an inter zoological gardens transfer;

(ii) the proposed export is for the purposes of prescribed scientific research; or

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

(e) where the specimen is a plant specimen, that-

(i) the proposed export is for the purposes of prescribed scientific research; or

(ii) the specimen is, or is derived from, a live plant that was artificially propagated.

SECT. 29. Requirements for permits to export-Schedule 2 WPREI 82:149 IDX WPREI 82:149 TOP

29. Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 2 unless the Designated Authority has advised him that he is satisfied-

(a) that-

(i) the country to which the specimen is proposed to be exported has a relevant authority; and

(ii) permission to import that specimen into that country has been given by a relevant authority of that country;

(b) where the specimen is a live animal, that-

(i) the proposed exporter and the proposed recipient are approved institutions in relation to a class of specimens that includes that live animal; or

(ii) in the case of a live native Australian animal, the proposed export would be an export of a household pet in accordance with section 16;

(c) where the specimen is a live native Australian animal, that the proposed export-

(i) would be an inter zoological gardens transfer;

(ii) is for the purposes of prescribed scientific research; or

(iii) would be an export of a household pet in accordance with section 16;

(d) where the specimen is an animal specimen, other than a live native Australian animal, that-

(i) the proposed export would be an inter zoological gardens transfer;

(ii) the proposed export is for the purposes of prescribed scientific research;

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

(iv) in the case of a specimen that is, or is derived from, a native Australian animal, the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; and

(e) where the specimen is a plant specimen, that-

(i) the proposed export is for the purposes of prescribed scientific research;

(ii) the specimen is, or is derived from, a live plant that was artificially propagated; or

(iii) the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program.

SECT. 30. Requirements for permits to export-Schedule 3 WPREI 82:149 IDX WPREI 82:149 TOP

30. Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 3 unless it appears to the Minister, after consultation with the Designated Authority, that there are exceptional circumstances justifying the grant of the permit and the Designated Authority has advised him that he is satisfied-

(a) in the case of an animal specimen, that the proposed export-

(i) would be an inter zoological gardens transfer; or

(ii) is for the purposes of prescribed scientific research; or

(b) in the case of a plant specimen, that the proposed export is for the purposes of prescribed scientific research.

SECT. 31. Requirements for permits to export-Native Australian animals and plants WPREI 82:149 IDX WPREI 82:149 TOP

31. Subject to section 32, the Minister shall not grant a permit to export a specimen that is, or is derived from, a native Australian animal or a native Australian plant, being a specimen that is not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the Designated Authority has advised him that he is satisfied-

(a) where the specimen is a live animal, that the proposed export-

(i) would be an inter zoological gardens transfer;

(ii) is for the purposes of prescribed scientific research; or

(iii) would be an export of a household pet in accordance with section 16;

(b) where the specimen is, or is derived from, a fish, that-

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

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

(c) where the specimen is an animal specimen, other than a live animal, that-

(i) the proposed export would be an inter zoological gardens transfer;

(ii) the proposed export is for the purposes of prescribed scientific research;

(iii) the specimen is derived from a live animal that was bred in captivity; or

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

(d) where the specimen is a plant specimen, that-

(i) the proposed export is for the purposes of prescribed scientific research;

(ii) the specimen is, or is derived from, a live plant that was artificially propagated; or

(iii) the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program.

SECT. 32. Permits to re-export WPREI 82:149 IDX WPREI 82:149 TOP

32. (1) Sections 28, 29, 30 and 31 do not apply in relation to a permit to export from Australia or an external Territory a specimen, other than a live animal, that has been imported into Australia or that Territory, as the case may be.

(2) The Minister shall not grant a permit to export from Australia a specimen that has been imported into Australia, unless the Designated Authority has advised him that he is satisfied-

(a) that-

(i) in the case of a specimen that was imported before the commencement of this Act, the specimen was not imported in contravention of-

(A) the Customs (Endangered Species) Regulations; or

(B) the Customs (Prohibited Imports) Regulations; or

(ii) in the case of a specimen that was imported after the commencement of this Act, the specimen was not imported in contravention of this Act; and

(b) that-

(i) the country to which the specimen is proposed to be exported has a relevant authority; and

(ii) permission to import that specimen into that country has been given by a relevant authority of that country.

(3) The Minister shall not grant a permit to export from an external Territory a specimen that has been imported into that Territory, unless the Designated Authority has advised him that he is satisfied-

(a) that-

(i) in the case of a specimen that was imported before the commencement of this Act, the specimen was not imported in contravention of a law of that Territory relating to the import of specimens that was designed to comply with the obligations of Australia under the Convention; or

(ii) in the case of a specimen that was imported after the commencement of this Act, the specimen was not imported in contravention of this Act; and

(b) that-

(i) the country to which the specimen is proposed to be exported has a relevant authority; and

(ii) permission to import that specimen into that country has been given by a relevant authority of that country.

Division 4-Requirements for permits to import specimens

SECT. 33. Permits to import not to be granted if detrimental to survival of kind of animals or plants WPREI 82:149 IDX WPREI 82:149 TOP

33. The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3 unless the Designated Authority has advised him that he is satisfied that the import of the specimen will not be detrimental to, or contribute to trade that is detrimental to, the survival of-

(a) any species or sub-species; or

(b) any population specified in Schedule 1, 2 or 3.

SECT. 34. Requirements for permits to import live animals and live plants WPREI 82:149 IDX WPREI 82:149 TOP

34. The Minister shall not grant a permit to import a live animal or a live plant unless the Designated Authority has advised him that he is satisfied that-

(a) the proposed recipient of the animal or plant-

(i) is equipped to confine, and will confine, the animal or plant; and

(ii) is equipped to provide, and will provide, suitable care for the animal or plant; and

(b) the animal or plant will be prepared and shipped so that the risk of-

(i) injury to the animal or plant;

(ii) adverse effect on the health of the animal or plant; and

(iii) in the case of an animal-cruel treatment of the animal, is minimized.

SECT. 35. Requirements for permits to import certain live animals and live plants WPREI 82:149 IDX WPREI 82:149 TOP

35. (1) The Minister shall not grant a permit to import a live animal, including a live animal that is a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the Designated Authority has advised him that he is satisfied-

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

(b) that, if the live animal were imported, it would not be kept, or dealt with, in contravention of any law of the Commonwealth, of a State or of a Territory.

(2) The Minister shall not grant a permit to import a live plant that is not specified in Schedule 5 or 6 unless the Designated Authority has advised him that he is satisfied that the proposed recipient is an approved institution in relation to a class of specimens that includes that live plant.

(3) The Minister shall not grant a permit to import a live plant, including a live plant that is a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the Designated Authority has advised him that he is satisfied that, if the live plant were imported, it would not be kept, or dealt with, in contravention of any law of the Commonwealth, of a State or of a Territory.

SECT. 36. Requirements for permits to import-Schedule 1 WPREI 82:149 IDX WPREI 82:149 TOP

36. The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 1 unless the Designated Authority has advised him that he is satisfied-

(a) where the import is not by way of introduction from the sea, that-

(i) the country from which the specimen is proposed to be imported has a relevant authority; and

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

(b) where the specimen is a live animal, that the proposed sender is an approved institution in relation to a class of specimens that includes that live animal;

(c) where the specimen is an animal specimen, that-

(i) the proposed import would be an inter zoological gardens transfer;

(ii) the proposed import is for the purposes of prescribed scientific research; or

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

(d) where the specimen is a plant specimen, that-

(i) the proposed import is for the purposes of prescribed scientific research; or

(ii) the specimen is, or is derived from, a live plant that was artificially propagated.

SECT. 37. Requirements for permits to import-Schedule 2 WPREI 82:149 IDX WPREI 82:149 TOP

37. The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 2 unless the Designated Authority has advised him that he is satisfied-

(a) where the import is not by way of introduction from the sea, that-

(i) the country from which the specimen is proposed to be imported has a relevant authority; and

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

(b) where the specimen is a live animal, that the proposed sender is an approved institution in relation to a class of specimens that includes that live animal;

(c) where the specimen is an animal specimen, that-

(i) the proposed import would be an inter zoological gardens transfer;

(ii) the proposed import is for the purposes of prescribed scientific research;

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

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

(d) where the specimen is a plant specimen, that-

(i) the proposed import is for the purposes of prescribed scientific research;

(ii) the specimen is, or is derived from, a live plant that was artificially propagated; or

(iii) the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program.

SECT. 38. Requirements for permits to import-Schedule 3 WPREI 82:149 IDX WPREI 82:149 TOP

38. The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 3 unless it appears to the Minister, after consultation with the Designated Authority, that there are exceptional circumstances justifying the grant of the permit and the Designated Authority has advised him that he is satisfied-

(a) in the case of an animal specimen, that-

(i) the proposed import would be an inter zoological gardens transfer;

(ii) the proposed import is for the purposes of prescribed scientific research; or

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

(b) in the case of a plant specimen, that-

(i) the proposed import is for the purposes of prescribed scientific research; or

(ii) the specimen is, or is derived from, a live plant that was artificially propagated.

Division 5-Authorities to export or to import specimens

SECT. 39. Application for authority WPREI 82:149 IDX WPREI 82:149 TOP

39. Sub-sections 23 (4) and (5) and 24 (2) and (3) apply in relation to an application for an authority under this Division in like manner as they apply in relation to an application for a permit under section 23 and, for the purposes of those sub-sections as so applying, the references in those sub-sections to a permit shall be read as references to an authority.

SECT. 40. Register of scientific organizations WPREI 82:149 IDX WPREI 82:149 TOP

40. (1) The Designated Authority shall maintain a register containing a list of the names of scientific organizations that are registered scientific institutions for the purposes of section 41.

(2) The register maintained under sub-section (1) shall set out opposite to the name of a scientific organization entered in the register-

(a) the address of that organization;

(b) the date on which the name of the organization was entered in the register; and

(c) such other particulars as the Designated Authority considers appropriate.

(3) Subject to any regulations referred to in sub-section (4), the Designated Authority may, in his discretion, enter in the register maintained under sub-section (1) the name of a scientific organization in Australia, in an external Territory or in another country.

(4) The regulations-

(a) may provide that the Designated Authority shall not enter the name of a scientific organization in the register maintained under sub-section (1) unless he is satisfied of certain matters in relation to the organization;

(b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether he will enter the name of a scientific organization in that register; or

(c) may provide that the name of a scientific organization may be entered in that register if the name of the organization is set out in, or in a specified part of, the latest edition of a publication specified in the regulations.

(5) A scientific organization in Australia, in an external territory or in another country may apply to the Designated Authority to have its name entered in the register maintained under sub-section (1).

(6) An application under sub-section (5) shall be made in accordance with the prescribed form or, if no form is prescribed, a form approved by the Designated Authority.

(7) Subject to any regulations referred to in sub-section (8), the Designated Authority may, in his discretion, remove the name of a scientific organization from the register maintained under sub-section (1).

(8) The regulations-

(a) may provide that the Designated Authority shall not remove the name of a scientific organization from the register maintained under sub-section (1) unless he is satisfied of certain matters in relation to the organization;

(b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether he will remove the name of a scientific organization from that register; or

(c) may provide that the name of a scientific organization may be removed from that register if the name of the organization ceases to be set out in, or in a specified part of, the latest edition of a publication specified in the regulations.

SECT. 41. Authority to export or import scientific specimens WPREI 82:149 IDX WPREI 82:149 TOP

41. (1) In this section-

"prescribed specimen" means a specimen other than a live animal;

"registered scientific institution" means a scientific organization the name of which is entered in the register maintained under sub-section 40 (1).

(2) A registered scientific institution may make an application, in writing, to the Minister for an authority under this section to-

(a) export prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21, in pursuance of-

(i) arrangements for the non-commercial loan of prescribed specimens by the registered scientific institution to other registered scientific institutions;

(ii) arrangements for the donation of prescribed specimens by the registered scientific institution to other registered scientific institutions; or

(iii) arrangements for the exchange of prescibed specimens between the registered scientific institution and other registered scientific institutions, being arrangements for the purposes of scientific research;

(b) import prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22, in pursuance of-

(i) arrangements for the non-commercial loan of prescribed specimens to the registered scientific institution by other registered scientific institutions;

(ii) arrangements for the donation of prescribed specimens to the registered scientific institution by other registered scientific institutions; or

(iii) arrangements for the exchange of prescribed specimens between the registered scientific institution and other registered scientific institutions, being arrangements for the purposes of scientific research;

(c) re-import prescribed specimens exported in pursuance of arrangements referred to in sub-paragraph (a) (i); and

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

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

(4) The Minister shall not give an authority under this section unless the Designated Authority has advised him that he is satisfied that-

(a) the recipient of any live plant that is not specified in Schedule 5 or 6 imported by virtue of the authority will be an approved institution in relation to a class of specimens that includes that live plant; and

(b) specimens exported or imported by virtue of the authority will be exported or imported in pursuance of arrangements specified in paragraph (2) (a) or (2) (b).

(5) An authority under this section-

(a) shall be in writing;

(b) comes into force on the date on which it is given; and

(c) subject to section 46, remains in force while the scientific organization to which the authority was given remains a registered scientific institution.

(6) An authority under this section to export or to import specimens shall set out particulars of a kind of label to be borne by the containers in which the specimens are to be exported or imported, as the case may be, and the authority shall be taken to be only an authority to export or to import the specimens, as the case may be, while they are in containers that bear labels of that kind.

(7) Subject to sub-section (8), where a registered scientific institution that holds an authority under this section wishes to foster scientific research by an individual, that institution may, by instrument in writing, declare that individual to be an affiliate of that institution and, while the declaration is in force-

(a) arrangements for the loan of prescribed specimens by or to that individual shall, for the purposes of this section, be taken to be arrangements for the loan of prescribed specimens by or to, as the case may be, that institution;

(b) arrangements for the donation of prescribed specimens by or to that individual shall, for the purposes of this section, be taken to be arrangements for the donation of prescribed specimens by or to, as the case may be, that institution;

(c) arrangements for the exchange of prescribed specimens between that individual and another registered scientific institution shall, for the purposes of this section, be taken to be arrangements for the exchange of prescribed specimens between the first-mentioned institution and that other institution; and

(d) arrangements for the exchange of prescribed specimens between that individual and another individual in respect of whom another declaration under this sub-section is in force shall, for the purposes of this section, be taken to be arrangements for the exchange of prescribed specimens between the first-mentioned institution and the registered scientific institution that made that other declaration.

(8) A registered scientific institution shall not make a declaration under sub-section (7) in relation to an individual without the consent in writing of the Designated Authority and shall revoke such a declaration if requested by the Designated Authority in writing to do so.

SECT. 42. Authority to export or import artificially propagated plants WPREI 82:149 IDX WPREI 82:149 TOP

42. (1) A person may make an application to the Minister for-

(a) an authority under this section to export artificially propagated plants that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3;

(b) an authority under this section to export artificially propagated native Australian plants that are specimens not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or

(c) an authority under this section to import artificially propagated plants that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3.

(2) An application under sub-section (1) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister.

(3) Subject to sub-sections (4) and (5), the Minister may, in his discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under sub-section (1).

(4) The Minister shall not give an authority under sub-section (3) to export or to import plants unless the Designated Authority has advised him that he is satisfied that plants that would be exported or imported by virtue of the authority will have been artificially propagated.

(5) The Minister shall not give an authority under sub-section (3) to import live plants that are not specified in Schedule 5 or 6 unless the Designated Authority has advised him that he is satisfied that the recipient of any live plant imported in accordance with the authority will be an approved institution in relation to a class of specimens that includes that live plant.

(6) An authority under this section-

(a) shall be in writing;

(b) comes into force on the date on which it is given; and

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

(7) A person who has been given an authority under this section shall-

(a) as soon as practicable after the end of each period specified for the purposes of this paragraph in the authority, give the Designated Authority particulars of any exports or imports made by virtue of the authority during that period; and

(b) comply, as soon as practicable, with any request by the Designated Authority for information relating to plants exported or imported by virtue of the authority.

SECT. 43. Authority to export or import for the purposes of travelling circuses, &c. WPREI 82:149 IDX WPREI 82:149 TOP

43. (1) In this section, "exhibition" includes a zoo or menagerie.

(2) Where a person wishes to export a specimen, other than a live native Australian animal, the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21, from Australia or from an external Territory for the purpose of the use of the specimen in a circus or an exhibition that is proposed to be, or has been, temporarily taken out of Australia or that Territory, as the case may be, that person may make an application to the Minister for an authority under this section to export that specimen for that purpose.

(3) Where a person wishes to import a specimen, other than a live native Australian animal, the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22, into Australia or into an external Territory for the purpose of the use of the specimen in a circus or an exhibition that is proposed to be, or has been, temporarily brought into Australia or that Territory, as the case may be, that person may make an application to the Minister for an authority under this section to import that specimen for that purpose.

(4) An application under sub-section (2) or (3) shall-

(a) be in writing;

(b) contain particulars of the specimen to which the application relates; and

(c) contain particulars of the purpose of the export or import of the specimen, as the case requires.

(5) Subject to sub-section (6), the Minister may, in his discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under sub-section (2) or (3).

(6) The Minister shall not give an authority under this section to export or to import a specimen unless the Designated Authority has advised him that he is satisfied-

(a) that the specimen will be exported or imported, as the case may be, for the purpose specified in sub-section (2) or (3), as the case may be;

(b) where the specimen is a live animal or a live plant, that-

(i) in the case of an authority to import-the proposed recipient of the animal or plant is equipped to confine, and will confine, the animal or plant;

(ii) the proposed recipient of the animal or plant is equipped to provide, and will provide, suitable care for the animal or plant; and

(iii) the animal or plant will be prepared and shipped (including prepared and shipped for the subsequent re-importation or re-exportation, as the case may be) so that the risk of-

(A) injury to the animal or plant; (B) adverse effect on the health of the animal or plant; and (C) in the case of an animal-cruel treatment of the animal, is minimized; and

(c) except in the case of an authority to import a specimen not referred to in paragraph 22 (a), that-

(i) the specimen- (A) in the case of an animal specimen-is, or is derived from, a live animal that was bred in captivity; or (B) in the case of a plant specimen-is, or is derived from, a live plant that was artificially propagated; or

(ii) the specimen was acquired by the applicant- (A) where the specimen is of a species that was included in an Appendix to the Convention when the Convention entered into force-before the Convention entered into force; (B) where the specimen is of a species that was first included in an Appendix to the Convention after the Convention came into force and before the commencement of this Act-before the species was so included; (C) where a preceding provision of this sub-paragraph does not apply to the specimen and the specimen is of a kind to which section 21 or 22, as the case may be, applied on the commencement of this Act-before that commencement; or (D) in any other case-before section 21 or 22, as the case may be, commenced to apply to specimens of the kind of which the specimen is a kind.

(7) An authority under this section shall be in writing in the prescribed form or, if no form is prescribed, a form approved by the Minister.

(8) Without limiting the powers of the Minister under sub-section 47 (1), an authority under this section to export or to import a specimen is subject to the condition that the holder of the authority will not, without reasonable excuse, fail to re-import or re-export the specimen, as the case may be, before the authority expires.

(9) An authority under this section-

(a) comes into force on the date on which it is given; and

(b) subject to section 46, remains in force for a period of 12 months commencing on the date on which it is given or, if another period is specified in the authority, that other period.

(10) For the purposes of this Act-

(a) an authority in force under this section to export a specimen from Australia or an external Territory is also an authority to re-import the specimen into Australia or that Territory, as the case may be, after its export in accordance with the authority; and

(b) an authority in force under this section to import a specimen into Australia or an external Territory is also an authority to re-export that specimen from Australia or that Territory, as the case may be, after its import in accordance with the authority.

SECT. 44. Authority to export or import in exceptional circumstances WPREI 82:149 IDX WPREI 82:149 TOP

44. (1) Where-

(a) the Minister is considering an application by a person for a permit or an authority to export or to import a specimen;

(b) under this Act, the Minister is precluded from granting that permit or giving that authority unless the Designated Authority has advised him that he is satisfied in relation to a matter; and

(c) the Designated Authority has advised the Minister that, though he is not satisfied in relation to that matter, he is satisfied that-

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

(ii) exceptional circumstances exist that justify the proposed export or import of the specimen, the Minister may, in his discretion, give public notice-

(d) that he is considering giving the person authority under this section to export or to import the specimen, as the case may be;

(e) setting out the conditions (if any) that he would impose in accordance with section 47 in respect of that authority; and

(f) inviting interested persons to lodge with the Minister, not later than a date specified in the notice (not being a date earlier than 5 days after the last date of publication of the notice) and at a place specified in the notice, comments in writing on the desirability of the Minister giving that authority.

(2) Where-

(a) the Minister has given public notice under sub-section (1) that he is considering giving a person an authority under this section to export or to import a specimen; and

(b) the Minister has considered, and discussed with the Designated Authority, any comments lodged in response to that notice, the Minister may, in his discretion, give, or refuse to give, an authority under this section to that person to export or to import the specimen, as the case may be.

(3) An authority under this section-

(a) shall be in writing;

(b) comes into force on the date on which it is given; and

(c) subject to section 46, remains in force for a period of 6 months commencing on the date on which it is given or, if a lesser period is specified in the authority, that lesser period.

(4) In sub-section (1), a reference to public notice is a reference to a notice published-

(a) in the Gazette;

(b) in each State and internal Territory in a newspaper circulating generally in that State or Territory; and

(c) in each external Territory that the Minister considers appropriate (if any) in a newspaper circulating generally in that external Territory.

Division 6-Permits and Authorities

SECT. 45. Permit or authority to be produced WPREI 82:149 IDX Division 6-Permits and Authorities WPREI 82:149 TOP

45. (1) For the purposes of this Act, where the holder of a permit or an authority (other than an authority under section 41) to export a specimen exports that specimen, he shall not be taken to have exported that specimen in accordance with that permit or authority unless, before exporting the specimen, he produced the permit or authority, or caused the permit or authority to be produced, to-

(a) where the export is from Australia-an officer of Customs; or

(b) where the export is from an external Territory-an inspector, doing duty in relation to the export of the specimen.

(2) For the purposes of this Act, where the holder of a permit or an authority (other than an authority under section 41) to import a specimen imports that specimen, he shall not be taken to have imported that specimen in accordance with that permit or authority unless, before, or within a reasonable time after, importing the specimen, he produced the permit or authority, or caused the permit or authority to be produced, to-

(a) where the import is into Australia-an officer of Customs; or

(b) where the import is into an external Territory-an inspector, doing duty in relation to the import of the specimen.

SECT. 46. Revocation, &c., of permits and authorities WPREI 82:149 IDX WPREI 82:149 TOP

46. (1) The Minister may, at any time, by notice in writing served on the holder of a permit or an authority, vary or revoke the permit or authority where, after consultation with the Designated Authority, he is satisfied that-

(a) a provision of this Act relating to the permit or authority, or a condition imposed in respect of the permit or authority, has been contravened; or

(b) it is necessary or expedient to do so for the furtherance of the object of this Act.

(2) The Minister may, at any time, by notice in writing served on the holder of a permit or an authority, suspend the permit or authority where, after consultation with the Designated Authority, he believes on reasonable grounds that-

(a) a provision of this Act relating to the permit or authority, or a condition imposed in respect of the permit or authority, has been contravened; or

(b) it is necessary or expedient to do so for the furtherance of the object of this Act.

(3) A suspension of a permit or an authority may be of indefinite duration or for a period specified in the notice.

(4) The suspension of a permit or an authority is not affected by any proceedings for an offence in relation to the permit or authority (including any appeal) or by the termination of any such proceedings.

(5) During the period of suspension of a permit or an authority, the permit or authority has no force or effect, but the period of currency of the permit or authority continues to run.

(6) The suspension of a permit or an authority does not prevent its revocation.

(7) The variation, revocation or suspension of a permit or an authority takes effect when notice of the variation, revocation or suspension, as the case may be, is served on the holder of the permit or authority or on such later date (if any) as is specified in the notice.

SECT. 47. Conditions in respect of permits and authorities WPREI 82:149 IDX WPREI 82:149 TOP

47. (1) The Minister may, when granting a permit or giving an authority or at any time while a permit or an authority is in force, impose conditions in respect of the permit or authority and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed.

(2) A condition imposed in respect of a permit or an authority, or a revocation, suspension or variation, or a cancellation of a suspension, of such a condition, takes effect when notice of the condition or of the revocation, suspension or variation or of the cancellation of the suspension is served on the holder of the permit or authority or on such later date (if any) as is specified in the notice.

SECT. 48. Compliance with conditions of permit or authority WPREI 82:149 IDX WPREI 82:149 TOP

48. The holder of a permit or an authority who contravenes, or fails to comply with, a condition imposed under sub-section 47 (1) in respect of the permit or authority or, in the case of an authority under section 43, the condition to which the authority is subject under sub-section 43 (8), is guilty of an offence punishable, on conviction, by a fine not exceeding-

(a) if the person is a natural person-$10,000; or

(b) if the person is a body corporate-$20,000.

SECT. 49. Applications to Minister to vary operation of permits or authorities WPREI 82:149 IDX WPREI 82:149 TOP

49. (1) The holder of a permit or an authority may make application to the Minister for the revocation or variation of a condition imposed under sub-section 47 (1) in respect of the permit or authority.

(2) The holder of a permit or an authority that is suspended may make application to the Minister for the cancellation of that suspension.

(3) The Minister shall, within 60 days after the receipt of an application under sub-section (1) or (2)-

(a) if, after consultation with the Designated Authority, he is satisfied that the application should be granted-

(i) revoke the condition;

(ii) vary the condition in accordance with the application; or

(iii) cancel the suspension of the permit or authority, as the case may be; or

(b) if, after consultation with the Designated Authority, he is not so satisfied-refuse to grant the application.

SECT. 50. Conditions relating to imported animals WPREI 82:149 IDX WPREI 82:149 TOP

50. (1) Without limiting the powers of the Minister under sub-section 47 (1), a permit or an authority to import a live animal is subject to the condition that the holder of the permit or authority will not, without the approval in writing of the Designated Authority-

(a) sell or otherwise dispose of that animal, or any progeny of that animal, to another person;

(b) release that animal, or any progeny of that animal, from captivity; or

(c) where that animal, or any progeny of that animal, dies-bury, cremate, sell or otherwise dispose of the body, or any part of the body, of the dead animal.

(2) The Designated Authority shall not, for the purposes of sub-section (1), approve of the sale or other disposal of a live animal to a person if the keeping of the animal by that person would be contrary to a law of a State or of a Territory.

(3) Without limiting the generality of sub-section (1), a person shall, for the purposes of that sub-section, be taken to have released an animal from captivity if that animal has escaped from captivity and that person allowed the animal so to escape or failed to take all reasonable measures to prevent the animal from so escaping.

(4) The holder of a permit or an authority who contravenes, or fails to comply with, a condition to which the permit or authority is subject by virtue of this section is guilty of an offence punishable, on conviction, by a fine not exceeding $100,000.

SECT. 51. Conditions relating to imported plants WPREI 82:149 IDX WPREI 82:149 TOP

51. (1) Without limiting the powers of the Minister under sub-section 47 (1), a permit or an authority to import a live plant that is not specified in Schedule 5 or 6 is subject to the condition that the holder of the permit or authority will not, without the approval in writing of the Designated Authority-

(a) sell or otherwise dispose of that plant, or any progeny of that plant, to another person;

(b) plant or sow that plant, or any progeny of that plant, so that that plant or any progeny of that plant would be in, or could spread to, a place that is not under the control of the holder; or

(c) where that plant, or any progeny of that plant, dies-bury, burn, sell or otherwise dispose of the plant or any part of the plant.

(2) The Designated Authority shall not, for the purposes of sub-section (1), approve of the sale or other disposal of a live plant to a person if the keeping of the plant by that person would be contrary to a law of a State or of a Territory.

(3) Without limiting the generality of sub-section (1), a person shall, for the purposes of that sub-section, be taken to have planted or sown a plant if that plant was planted or sown (including sown without human intervention) and that person allowed the plant to be so planted or sown or failed to take all reasonable measures to prevent the plant from being so planted or sown.

(4) The holder of a permit or an authority who contravenes or fails to comply with, a condition to which the permit or authority is subject by virtue of this section is guilty of an offence punishable, on conviction, by a fine not exceeding $100,000.

Division 7-Miscellaneous

SECT. 52. Matters published in Gazette WPREI 82:149 IDX Division 7-Miscellaneous WPREI 82:149 TOP

52. (1) The Minister shall, from time to time, as soon as it is practicable to do so, cause to be published in the Gazette particulars of-

(a) applications for permits or authorities;

(b) permits granted or authorities given;

(c) refusals to grant permits or to give authorities; and

(d) specimens exported or imported in accordance with permits or authorities.

(2) Where, in accordance with sub-section (1), particulars of permits granted, or of refusals to grant permits, are published in the Gazette, those particulars shall, unless all the permits, or, in the case of refusals, the relevant applications, relate to specimens specified in Part I of Schedule 3, be accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for the review of a decision of the Minister to grant, or refuse to grant, a permit, other than a permit to export, or a permit to import, a specimen specified in Part I of Schedule 3, by or on behalf of the person or persons whose interests are affected by the decision.

(3) Where, in accordance with sub-section (1), particulars of authorities given, or of refusals to give authorities, under section 42 or 43 are published in the Gazette, those particulars shall be accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for the review of a decision of the Minister to give, or refuse to give, an authority under section 42 or 43 by or on behalf of the person or persons whose interests are affected by the decision.

(4) For the purposes of sub-section (1), particulars of an application for a permit or an authority include particulars of the specimen to which the permit or authority would relate.

SECT. 53. Possession of illegally imported specimens WPREI 82:149 IDX WPREI 82:149 TOP

53. (1) A person who-

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

(b) without reasonable excuse (proof of which lies upon him) has in his possession any specimen that he knows, or has reasonable grounds for suspecting, has been imported in contravention of this Act, is guilty of an offence.

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

(3) On the prosecution of a person for an offence against sub-section (1), being an offence to which paragraph (1) (b) applies, it is a defence if the person proves that the specimen was not imported in contravention of this Act.

(4) Any defence for which provision is made under sub-section (2) or (3) in relation to an offence does not limit any defence otherwise available to the person charged.

(5) A person who is guilty of an offence against sub-section (1) is punishable upon conviction by a fine not exceeding $100,000 or imprisonment for a period not exceeding 5 years.

(6) This section does not prevent any person from being proceeded against for an offence against any other section of this Act, but he is not liable to be punished twice in respect of any one offence.

SECT. 54. Specimens in personal effects of visitors to Australia WPREI 82:149 IDX WPREI 82:149 TOP

54. (1) Where-

(a) a person, other than a person who permanently resides, or intends permanently to reside, in Australia, arrives in Australia; and

(b) the personal effects or household goods brought to Australia by that person include a specimen the import of which, otherwise than in accordance with a permit or an authority, is prohibited by this Act, that person may-

(c) surrender the specimen to an inspector;

(d) state to the inspector his full name, an address at which he may be contacted and his permanent address outside Australia; and

(e) inform the inspector of the date on which he proposes to depart from Australia, and, if he does so as soon as practicable after the specimen arrives in Australia, he shall, for the purposes of this Act, be taken not to have imported that specimen.

(2) Where a person complies with sub-section (1) in relation to a specimen, the inspector shall-

(a) give that person a notice in writing-

(i) setting out the name of, and the address at which he may be contacted given by, that person;

(ii) identifying the specimen;

(iii) specifying the date on which, and the port or airport at which, the specimen was surrendered;

(iv) setting out the date on which that person proposes to depart from Australia;

(v) setting out adequate particulars of the provisions of sub-sections (3) to (8) (inclusive); and

(vi) specifying the address of the Designated Authority to which notifications for the purposes of sub-section (3) may be sent; and

(b) take the specimen, or cause the specimen to be taken, to a place approved by the Minister for the storage of specimens surrendered under sub-section (1).

(3) Where a person who has complied with sub-section (1) changes the date on which he proposes to depart from Australia, he may notify the Designated Authority in writing of the change.

(4) Subject to sub-sections (5), (7) and (8), where a person has complied with sub-section (1) in relation to a specimen, the Designated Authority shall take all reasonable steps to enable that person to take the specimen with him if and when he leaves Australia from the port or airport at which he surrendered the specimen on the date specified in relation to the specimen under paragraph (1) (e) or notified by him under sub-section (3), as the case requires.

(5) Subject to sub-section (8), a person who has complied with sub-section (1) in relation to a specimen may, within 3 months after the surrender of the specimen, make arrangements with the Designated Authority for the consignment, at the expense of that person, of the specimen to a place outside Australia, and the Designated Authority shall take all reasonable steps to enable the specimen to be consigned in accordance with those arrangements.

(6) For the purposes of this Act, where a specimen surrendered by a person under sub-section (1) leaves Australia with that person or in accordance with arrangements referred to in sub-section (5), that leaving by the specimen shall be taken not to constitute the export of the specimen.

(7) Where-

(a) a person has surrendered a specimen in compliance with this section; and

(b) the specimen has not been released in accordance with this section during the period of 12 months commencing on the date on which the specimen was surrendered or the period of 3 months commencing on the date specified in relation to the specimen under paragraph (1) (e), whichever expires first, that specimen is, on the expiration of that period, forfeited to the Commonwealth and, subject to sub-section (9), may be disposed of in accordance with the directions of the Designated Authority.

(8) A specimen that has been surrendered by a person in accordance with this section shall not be released unless and until that person has paid all costs incurred by the Commonwealth in relation to the custody of the specimen (including any costs of transporting the specimen) particulars of which have been given to the person in a prescribed manner or, if no manner is prescribed, a manner approved by the Minister.

(9) A specimen shall not be disposed of under sub-section (7) in any way that would result in the specimen becoming an object of trade.

(10) A reference to a specimen in sub-section (2), (4), (5), (7), (8) or (9) shall be read as including a reference to an article to which sub-section 4 (2) applies the surrender of which was involved in the surrender of a specimen.

(11) In this section, "Australia" includes-

(a) Norfolk Island;

(b) the Territory of Cocos (Keeling) Islands; or

(c) the Territory of Christmas Island.

SECT. 55. Specimens in personal effects of intending residents of Australia WPREI 82:149 IDX WPREI 82:149 TOP

55. (1) Where-

(a) a person who intends to reside permanently in Australia arrives in Australia; and

(b) the personal effects or household goods brought to Australia by that person include a specimen the import of which, otherwise than in accordance with a permit or an authority, is prohibited by this Act, that person may-

(c) surrender the specimen to an inspector; and

(d) state to the inspector his full name and an address at which he may be contacted, and, if he does so as soon as practicable after the specimen arrives in Australia, that person shall, for the purposes of this Act, be taken not to have imported that specimen.

(2) Where a person complies with sub-section (1) in relation to a specimen, the inspector shall-

(a) give that person a notice in writing-

(i) setting out the name of, and the address given by, that person;

(ii) identifying the specimen;

(iii) specifying the date on which, and the port or airport at which, the specimen was surrendered; and

(iv) setting out adequate particulars of the provisions of sub-sections (3), (4), (5) and (6); and

(b) take the specimen, or cause the specimen to be taken, to a place approved by the Minister for the storage of specimens surrendered under sub-section (1).

(3) Subject to sub-section (6), a person who has complied with sub-section (1) in relation to a specimen may, within 3 months after the surrender of the specimen, make arrangements with the Designated Authority for the consignment, at the expense of that person, of the specimen to a place outside Australia, and the Designated Authority shall take all reasonable steps to enable the specimen to be consigned in accordance with those arrangements.

(4) For the purposes of this Act, where a specimen surrendered by a person under sub-section (1) leaves Australia in accordance with arrangements referred to in sub-section (3), that leaving by the specimen shall be taken not to constitute the export of the specimen.

(5) Where-

(a) a person has surrendered a specimen in compliance with this section; and

(b) arrangements referred to in sub-section (3) have not been made within 3 months after the surrender of the specimen, the specimen is, at the expiration of that period, forfeited to the Commonwealth and, subject to sub-section (7), may be disposed of in accordance with the directions of the Designated Authority.

(6) A specimen that has been surrendered by a person in accordance with this section shall not be released unless and until that person has paid all costs incurred by the Commonwealth in relation to the custody of the specimen (including any costs of transporting the specimen) particulars of which have been given to the person in a prescribed manner or, if no manner is prescribed, a manner approved by the Minister.

(7) A specimen shall not be disposed of under sub-section (5) in any way that would result in the specimen becoming an object of trade.

(8) A reference to a specimen in sub-section (2), (3), (5), (6) or (7) shall be read as including a reference to an article to which sub-section 4 (2) applies the surrender of which was involved in the surrender of a specimen.

(9) In this section, "Australia" has the same meaning as it has in section 54.

SECT. 56. Specimens in personal effects of residents of Australia WPREI 82:149 IDX WPREI 82:149 TOP

56. (1) Where-

(a) a person who resides permanently in Australia arrives back in Australia; and

(b) the personal effects or household goods brought to Australia by that person include a specimen the import of which, otherwise than in accordance with a permit or an authority, is prohibited by this Act, that person may surrender the specimen to an inspector, and, if he does so as soon as practicable after the specimen arrives in Australia, that person shall, for the purposes of this Act, be taken not to have imported that specimen.

(2) A specimen surrendered by a person in accordance with sub-section (1) is forfeited to the Commonwealth and, subject to sub-section (3), may be disposed of in accordance with the directions of the Designated Authority.

(3) A specimen shall not be disposed of under sub-section (2) in any way that would result in the specimen becoming an object of trade.

(4) A reference to a specimen in sub-section (2) or (3) shall be read as including a reference to an article to which sub-section 4 (2) applies the surrender of which was involved in the surrender of a specimen.

(5) In this section, "Australia" has the same meaning as it has in section 54.

SECT. 57. Uncertainty regarding specimen WPREI 82:149 IDX WPREI 82:149 TOP

57. (1) In this section, "prescribed specimen" means a specimen that the Minister, the Designated Authority or an inspector believes on reasonable grounds-

(a) has been exported;

(b) has been imported;

(c) is proposed to be exported; or

(d) is proposed to be imported.

(2) An inspector may ask any person who the inspector believes on reasonable grounds has information in respect of a prescribed specimen any question regarding the nature or origin of the specimen.

(3) Where-

(a) an inspector has asked a person a question in accordance with sub-section (2) in respect of a prescribed specimen; and

(b) that person has not answered that question or has not answered that question to the satisfaction of the inspector, the inspector may seize the specimen and retain it until-

(c) that person answers that question or answers that question to the satisfaction of the inspector, as the case may be;

(d) the inspector becomes satisfied as to the nature or origin of the specimen;

(e) the Designated Authority becomes satisfied as to the nature and origin of the specimen and informs the inspector that he is satisfied as to those matters;

(f) the Minister makes a declaration under sub-section (5) in relation to the specimen; or

(g) a period of 60 days from the date on which the specimen was seized expires, whichever occurs first.

(4) Where an inspector seizes a prescribed specimen under sub-section (3), he shall, as soon as it is practicable to do so, give the Designated Authority particulars of the seizure and of the reasons for the seizure.

(5) Where the Minister is advised by the Designated Authority that he is not satisfied as to the nature or origin of a prescribed specimen, the Minister may, by writing signed by him, declare that, for the purposes of this Act, the specimen shall be taken to be a specimen specified in Part I of Schedule 1, and that declaration has effect accordingly.

PART III-ADMINISTRATION

SECT. 58. Appointment of inspectors WPREI 82:149 IDX PART III-ADMINISTRATION WPREI 82:149 TOP

58. The Minister may, by instrument in writing, appoint a person as an inspector.

SECT. 59. Inspectors ex officio WPREI 82:149 IDX WPREI 82:149 TOP

59. By force of this section-

(a) any officer of Customs;

(b) any member of the Australian Federal Police; and

(c) any member of the police force of an external Territory, is an inspector.

SECT. 60. Arrangements for State and Territory officers to be inspectors WPREI 82:149 IDX WPREI 82:149 TOP

60. (1) The Minister may enter into an arrangement with the appropriate Minister of the Crown of a State for-

(a) officers or employees of the Public Service of the State or of an authority of the State (including a local government body); or

(b) members of the police force of the State, to be inspectors, and that arrangement has effect accordingly.

(2) The Minister may enter into an arrangement with the appropriate person holding an office referred to in section 34 of the Northern Territory (Self-Government) Act 1978 for-

(a) officers or employees of the Public Service of the Northern Territory or of an authority of the Northern Territory (including a local government body); or

(b) members of the police force of the Northern Territory, to be inspectors, and that arrangement has effect accordingly.

(3) The Minister may enter into an arrangement with the appropriate person holding an office under section 13 of the Norfolk Island Act 1979 for persons appointed or employed under an enactment referred to in section 61 of that Act to be inspectors, and that arrangement has effect accordingly.

SECT. 61. Identity cards WPREI 82:149 IDX WPREI 82:149 TOP

61. (1) The Minister may cause to be issued to an inspector, other than a member of a police force or an officer of Customs, an identity card in a form approved by the Minister.

(2) Where a person in possession of an identity card issued to him under sub-section (1) ceases to be an inspector, he shall forthwith return the identity card to the Minister.

Penalty: $100.

SECT. 62. Boarding of vessels, &c., by inspectors WPREI 82:149 IDX WPREI 82:149 TOP

62. (1) This section applies to-

(a) any Australian vessel, Australian aircraft or Australian platform;

(b) any vehicle, vessel or aircraft that is in Australia or an external Territory;

(c) any vessel, or any aircraft capable of landing on water, that is in Australian waters; and

(d) any aircraft that is over Australia, an external Territory or Australian waters.

(2) An inspector may, with such assistance as he thinks necessary, board any vehicle, vessel, aircraft or platform to which this section applies for the purpose of exercising, and may exercise, the functions of an inspector in accordance with section 64 if he believes on reasonable grounds that there is in, or on, that vehicle, vessel, aircraft or platform-

(a) any specimen that has been, or is proposed to be, exported or imported in contravention of this Act; or

(b) any matter or thing that may afford evidence as to the commission of an offence against this Act, and, in the case of a vehicle, vessel or aircraft, may, for that purpose, stop and detain that vehicle, vessel or aircraft.

(3) An inspector may require any person on board a vehicle, vessel, aircraft or platform to which this section applies whom he finds committing, or whom he suspects on reasonable grounds of having committed, an offence against this Act to state his full name and usual place of residence.

(4) Where an inspector or the person in command of a Commonwealth ship or of a Commonwealth aircraft believes on reasonable grounds that a vessel to which this section applies and which is in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he may bring, or, by means of an international signal code or other internationally recognized means of communication with a vessel, require the person in charge of the vessel to bring, the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel.

(5) Where an inspector or the person in command of a Commonwealth ship or of a Commonwealth aircraft believes on reasonable grounds that an aircraft to which this section applies and which is over Australia or over or in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he may, by means of an international signal code or other internationally recognized means of communication with an aircraft, require the person in charge of the aircraft to bring the aircraft to the nearest airport in Australia or an external Territory to which it is safe and practicable to bring the aircraft.

(6) An inspector may, for the purposes of this Act, require the person in charge of a vehicle, vessel, aircraft or platform to which this section applies to give information concerning the vehicle, vessel, aircraft or platform and its crew and any other person on board the vehicle, vessel, aircraft or platform.

(7) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) boards a vehicle, vessel, aircraft or platform to which this section applies, he shall-

(a) in the case of a member of a police force-produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he is a member of that police force;

(b) in the case of an officer of Customs-produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he is an officer of Customs; or

(c) in any other case-produce his identity card for inspection by that person, and, if he fails to do so, he is not authorized to remain, or to require any person assisting him to remain, on board that vehicle, vessel, aircraft or platform or to detain that vehicle, vessel or aircraft.

(8) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) makes a requirement of a person under this section, the inspector, unless it is impracticable to do so, shall-

(a) in the case of a member of a police force-produce, for inspection by that person, written evidence of the fact that he is a member of that police force;

(b) in the case of an officer of Customs-produce, for inspection by that person, written evidence of the fact that he is an officer of Customs; or

(c) in any other case-produce his identity card for inspection by that person, and, if he fails to do so, that person is not obliged to comply with the requirement.

(9) A person who, without reasonable excuse, fails to comply with a requirement made of him by an inspector under this section or by the person in command of a Commonwealth ship or a Commonwealth aircraft under sub-section (4) or (5) is guilty of an offence punishable on conviction by a fine not exceeding $2,000.

(10) In this section, unless the contrary intention appears-

"Australian aircraft" means an aircraft that-

(a) is owned by-

(i) the Commonwealth or an authority of the Commonwealth;

(ii) a State or an authority of a State;

(iii) the Northern Territory or an authority of the Northern Territory; or

(iv) the Administration of Norfolk Island; or

(b) is registered in Australia;

"Australian platform" means a platform that-

(a) is fixed to the continental shelf of Australia or of an external Territory or to the sea-bed beneath Australian waters; or

(b) is otherwise operating in that part of the sea above the continental shelf of Australia or of an external Territory or in Australian waters;

"Australian vessel" means a vessel that-

(a) is owned by-

(i) the Commonwealth or an authority of the Commonwealth;

(ii) a State or an Authority of a State;

(iii) the Northern Territory or an authority of the Northern Territory; or

(iv) the Administration of Norfolk Island; or

(b) is registered in Australia or flying the Australian flag;

"Australian waters" means-

(a) the waters adjacent to Australia and having as their inner limits the baselines by reference to which the territorial limits of Australia are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 12 nautical miles from the point on one of those baselines that is nearest to the first-mentioned point; and

(b) the waters adjacent to each external Territory and having as their inner limits the baselines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 12 nautical miles from the point on one of those baselines that is nearest to the first-mentioned point;

"Commonwealth aircraft" means an aircraft in the service of the Commonwealth on which the prescribed ensign or prescribed insignia of the aircraft is or are displayed;

"Commonwealth ship" means a ship in the service of the Commonwealth on which the prescribed ensign of the ship is flying.

SECT. 63. Access to premises WPREI 82:149 IDX WPREI 82:149 TOP

63. (1) An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an inspector in accordance with section 64.

(2) Where an inspector has reason to believe that there is on premises-

(a) any specimen that is proposed to be exported, or that has been imported, in contravention of this Act; or

(b) any matter or thing that may afford evidence as to the commission of an offence against this Act, the inspector may make application to a Justice of the Peace for a warrant authorizing the inspector to enter the premises for the purpose of exercising the functions of an inspector in accordance with section 64.

(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation-

(a) that there is reasonable ground for believing that there is on the premises to which the application relates-

(i) any specimen that is proposed to be exported, or that has been imported, in contravention of this Act; or

(ii) any matter or thing that may afford evidence as to the commission of an offence against this Act; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act, the Justice of the Peace may grant a warrant authorizing the inspector, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an inspector in accordance with section 64.

(4) A warrant under sub-section (3) shall specify a date after which the warrant ceases to have effect.

(5) Where an inspector has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an inspector in accordance with section 64.

SECT. 64. Functions of inspectors WPREI 82:149 IDX WPREI 82:149 TOP

64. (1) The functions of an inspector who boards a vehicle, vessel, aircraft or platform under section 62 or enters premises under section 63 are-

(a) to search the vehicle, vessel, aircraft, platform or premises, as the case may be;

(b) to inspect, take extracts from, and make copies of, any document that relates to the export or import of any prescribed specimen; and

(c) to inspect, and take samples of, any prescribed specimen.

(2) For the purposes of carrying out his functions under sub-section (1), an inspector may break open any hold or compartment, or any container or other receptacle (including any place that could be used as a receptacle), on a vehicle, vessel, aircraft or platform or on any premises.

(3) In this section, "prescribed specimen" means a specimen that is, or that an inspector believes on reasonable grounds is, a specimen the export or the import of which, otherwise than in accordance with a permit or an authority, is prohibited by this Act.

SECT. 65. Powers of arrest of inspectors WPREI 82:149 IDX WPREI 82:149 TOP

65. (1) An inspector may, without warrant, arrest any person, if the inspector believes on reasonable grounds that-

(a) the person is committing or has committed an offence against this Act; and

(b) proceedings against the person by summons would not be effective.

(2) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) arrests a person under sub-section (1), the inspector shall-

(a) in the case of a member of a police force-produce, for inspection by that person, written evidence of the fact that he is a member of that police force;

(b) in the case of an officer of Customs-produce, for inspection by that person, written evidence of the fact that he is an officer of Customs; or

(c) in any other case-produce his identity card for inspection by that person.

(3) Where a person is arrested under sub-section (1), an inspector shall without unreasonable delay bring the person, or cause him to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law.

(4) Nothing in this section prevents the arrest of a person in accordance with any other law.

SECT. 66. Persons to assist inspectors WPREI 82:149 IDX WPREI 82:149 TOP

66. (1) Subject to sub-section (2), the owner, or person in charge, of any vehicle, vessel, aircraft or platform boarded by an inspector under section 62, or of any premises entered by an inspector under section 63, shall, if requested by an inspector to do so, provide reasonable assistance to the inspector in the performance of the functions, or carrying out of the duties, or the exercise of the powers, of the inspector under this Act in relation to that vehicle, vessel, aircraft or platform or those premises.

Penalty: $2,000 or imprisonment for 12 months, or both.

(2) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) makes a request of a person under this section, the inspector shall-

(a) in the case of a member of a police force-produce, for inspection by that person, written evidence of the fact that he is a member of that police force;

(b) in the case of an officer of Customs-produce, for inspection by that person, written evidence of the fact that he is an officer of Customs; or

(c) in any other case-produce his identity card for inspection by that person, and, if he fails to do so, that person is not obliged to comply with the request.

SECT. 67. Power to search baggage WPREI 82:149 IDX WPREI 82:149 TOP

67. (1) An inspector may search any baggage that has been taken off or out of a prescribed vessel (whether it is the baggage of a passenger or member of the crew of that vessel or of another vessel) or any goods that the inspector believes, on reasonable grounds, to be such baggage.

(2) An inspector may ask a person who owns, is carrying or is otherwise associated with, or appears to the inspector to be associated with, baggage that the inspector is searching or entitled to search under sub-section (1) any question in respect of any specimen in that baggage.

(3) A person shall not, without reasonable excuse, refuse or fail to answer a question put to him under sub-section (2).

Penalty: $2,000.

(4) In this section-

"baggage", in relation to a prescribed vessel, includes any parcel or other goods that a passenger or member of the crew of the vessel has had with him on the vessel;

"member of the crew" includes-

(a) in relation to a ship-the master, a mate or an engineer of the ship; and

(b) in relation to an aircraft-the pilot of the aircraft;

"prescribed vessel" means-

(a) a ship that voyages between-

(i) a place in Australia and a place outside Australia; or

(ii) a place in an external Territory and a place outside that Territory; or

(b) an aircraft that flies between-

(i) a place in Australia and a place outside Australia; or

(ii) a place in an external Territory and a place outside that Territory.

SECT. 68. Obstruction of inspectors WPREI 82:149 IDX WPREI 82:149 TOP

68. A person shall not, without reasonable excuse, obstruct or hinder an inspector in the exercise of his powers under this Act.

Penalty: $2,000 or imprisonment for 12 months, or both.

SECT. 69. Seizure and forfeiture of specimens WPREI 82:149 IDX WPREI 82:149 TOP

69. (1) Where a court convicts a person of an offence against this Act or the regulations, the court may order the forfeiture to the Commonwealth of any specimen (including a specimen that has been seized under sub-section (2)) used or otherwise involved in the commission of the offence.

(2) An inspector may seize any specimen that he believes on reasonable grounds has been used or otherwise involved in the commission of an offence against this Act or the regulations and may retain the specimen until the expiration of a period of 60 days after the seizure, or, if-

(a) proceedings for an offence against this Act or the regulations in the commission of which the specimen may have been used or otherwise involved are instituted within that period; or

(b) an action referred to in sub-section (5) is brought in relation to the specimen, until those proceedings, that action, or those proceedings and that action, as the case requires, is or are terminated.

(3) Subject to sub-section (4), where a specimen is seized by an inspector under sub-section (2), he shall, as soon as is practicable, serve on the owner of the specimen or the person who had possession, custody or control of the specimen immediately before it was seized a notice in writing-

(a) identifying the specimen;

(b) stating that it has been seized under sub-section 69 (2) and specifying the reason for the seizure; and

(c) setting out the terms of sub-section (5).

(4) An inspector is not required to serve a notice under sub-section (3) in relation to a specimen if-

(a) after making such inquiries as he thinks appropriate, he does not, within 20 days after the specimen was seized, have sufficient information to enable him to serve the notice; or

(b) the Minister is required to serve a notice under sub-section 70 (2).

(5) Where a specimen is seized under sub-section (2), the owner of the specimen may, within 30 days after the seizure, or, where a notice is served under sub-section (3) in relation to the specimen, within 30 days after the service, bring an action against the Commonwealth in a court of competent jurisdiction for the delivery of the specimen to him on the ground that the specimen was not used or otherwise involved in the commission of an offence against this Act or the regulations, and-

(a) where the owner of the specimen does so-

(i) if the court finds that the specimen was used or otherwise involved in the commission of the offence-the court shall order the specimen to be forfeited to the Commonwealth; or

(ii) if the action is discontinued by the owner otherwise than by reason that the specimen has been delivered to him, forfeited to the Commonwealth or disposed of under sub-section 70 (1)-the specimen is forfeited to the Commonwealth; or

(b) where the owner of the specimen does not do so and, within the period of 60 days after the seizure, none of the following events occurs:

(i) proceedings are instituted for an offence against this Act or the regulations in the commission of which the specimen is alleged to have been used or otherwise involved;

(ii) the specimen is delivered to the owner;

(iii) the specimen is disposed of under sub-section 70 (1), the specimen is forfeited to the Commonwealth.

(6) In any action in a court brought under sub-section (5), the court may find that a person committed an offence if, and only if-

(a) in the case of a person who has been tried for the offence-the person has been convicted of the offence; or

(b) in any other case-the court is satisfied beyond reasonable doubt that the person committed the offence.

(7) A specimen forfeited to the Commonwealth by virtue of this section becomes the property of the Commonwealth and, subject to sub-section (8), shall be dealt with and disposed of in accordance with the directions of the Minister.

(8) A specimen shall not be dealt with under this section in any way that would result in the specimen becoming an object of trade.

(9) Where a person has been convicted of an offence in which a specimen that has been seized under sub-section (2) was used, any costs in relation to the custody of the specimen (including any costs of transporting or disposing of the specimen and, in the case of a specimen that is a live animal or a live plant, any costs of maintaining the animal or plant) are a debt due by the person to the Commonwealth, and the Commonwealth may recover the amount of the costs by action in a court of competent jurisdiction.

(10) For the purposes of this section, where a live animal or a live plant has been used or otherwise involved in the commission of an offence against this Act or the regulations, any progeny of that animal or plant in the possession of the person who committed the offence shall be taken to be a specimen that was used or otherwise involved in the commission of that offence.

(11) Where an inspector is authorized under this section to retain a specimen he may do so by causing the specimen to be taken to, and kept at, a place approved by the Designated Authority for the purpose of keeping specimens seized under this section.

(12) For the purposes of this section, proceedings or an action shall not be taken to have been terminated unless and until any appeal to a court in relation to the proceedings or action has been terminated.

(13) In this section, "specimen" includes an article to which sub-section 4 (2) applies.

SECT. 70. Disposal of certain live animals and plants seized WPREI 82:149 IDX WPREI 82:149 TOP

70. (1) Where-

(a) any specimen, being a live animal or live plant, is seized under sub-section 69 (2); and

(b) the Minister considers on reasonable grounds that it is not appropriate that that specimen be retained in accordance with that sub-section but that it is appropriate that that specimen be returned to its natural habitat, destroyed or otherwise dealt with, the Minister may cause the specimen to be dealt with in the manner that he considers appropriate.

(2) Subject to sub-section (3), where a specimen is dealt with in accordance with sub-section (1), the Minister shall, as soon as is practicable, serve on the owner of the specimen or the person who had possession, custody or control of the specimen immediately before it was seized a notice in writing-

(a) identifying the specimen;

(b) unless a notice in relation to the seizure has been served under sub-section 69 (3)-stating that the specimen has been seized under sub-section 69 (2) and specifying the reason for the seizure;

(c) stating that the specimen has been dealt with under sub-section 70 (1) and specifying the manner in which it has been so dealt with and the reason for doing so; and

(d) setting out the terms of sub-section (4).

(3) The Minister is not required to serve a notice under sub-section (2) in relation to a specimen if, after making such inquiries as he thinks appropriate, he does not, within 20 days after dealing with the specimen, have sufficient information to enable him to serve the notice.

(4) Where a specimen is dealt with in accordance with sub-section (1), the owner of the specimen may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the specimen at the time it was so dealt with on the ground that the specimen was not used or otherwise involved in the commission of an offence against this Act or the regulations.

(5) In any action in a court brought under sub-section (4), the court may find that a person committed an offence if, and only if-

(a) in the case of a person who has been tried for the offence-the person has been convicted of the offence; or

(b) in any other case-the court is satisfied beyond reasonable doubt that the person committed the offence.

SECT. 71. Seizure and forfeiture of goods involved in offences WPREI 82:149 IDX WPREI 82:149 TOP

71. (1) Where a court convicts a person of an offence against this Act or the regulations, the court may order the forfeiture to the Commonwealth of any goods used or otherwise involved in the commission of the offence.

(2) An inspector may seize any goods that he believes on reasonable grounds have been used or otherwise involved in the commission of an offence against this Act or the regulations and may retain the goods until the expiration of a period of 60 days after the seizure, or, if proceedings for an offence against this Act or the regulations in the commission of which the goods may have been used or otherwise involved are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.

(3) The Minister may authorize goods seized under sub-section (2) or anything in, on or attached to such goods to be released to their owner, or to the person from whose possession they were seized, either unconditionally or on such conditions as he thinks fit, including conditions as to the giving of security for payment of their value if they are forfeited.

(4) An inspector may seize any matter or thing that he believes on reasonable grounds will afford evidence of the commission of an offence against this Act or the regulations and may retain it until the expiration of a period of 60 days after the seizure, or, if proceedings for an offence against this Act or the regulations of the commission of which it may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.

(5) Goods forfeited to the Commonwealth by virtue of this section become the property of the Commonwealth and shall be dealt with and disposed of in accordance with the directions of the Minister.

(6) In this section, "goods" includes vehicles, vessels, aircraft and platforms but does not include any specimen or any article to which sub-section 4 (2) applies.

SECT. 72. False statements WPREI 82:149 IDX WPREI 82:149 TOP

72. (1) A person who, in, or in connection with, an application for a permit or an authority-

(a) makes a statement that, to his knowledge, is false or misleading in a material particular; or

(b) furnishes to an inspector or other person doing duty in relation to this Act a document that, to the knowledge of the first-mentioned person, contains information that is false or misleading in a material particular, is guilty of an offence punishable, on conviction, by-

(c) if the person is a natural person-a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or

(d) if the person is a body corporate-a fine not exceeding $20,000.

(2) A person who-

(a) makes to an inspector doing duty in relation to this Act a statement that, to the knowledge of the person, is false or misleading in a material particular; or

(b) furnishes to an inspector doing duty in relation to this Act a document that, to the knowledge of the person, contains information that is false or misleading in a material particular, is guilty of an offence punishable, on conviction, by a fine not exceeding-

(c) if the person is a natural person-$2,000; or

(d) if the person is a body corporate-$5,000.

(3) For the purposes of the application of sub-sections (1) and (2) in relation to a corporation but without prejudice to the liability of any person other than the corporation-

(a) a statement made, or a document furnished, by a person acting on behalf of the corporation shall be deemed to have been made or furnished by the corporation; and

(b) the knowledge of any person employed by, or concerned in the management of, the corporation shall be deemed to be knowledge of the corporation.

SECT. 73. Indictable offences WPREI 82:149 IDX WPREI 82:149 TOP

73. (1) An offence against section 21, 22, 48, 50, 51 or 53 or sub-section 72 (1) is an indictable offence.

(2) Notwithstanding that an offence referred to in sub-section (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against section 21, 22 or 53, the penalty that the court may impose is-

(a) if the person is a natural person-a fine not exceeding $5,000 or imprisonment for a period not exceeding 12 months, or both; or

(b) if the person is a body corporate-a fine not exceeding $10,000.

(4) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against section 50 or 51, the penalty that the court may impose is-

(a) if the person is a natural person-a fine not exceeding $5,000; or

(b) if the person is a body corporate-a fine not exceeding $10,000.

(5) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against sub-section 72 (1), the penalty that the court may impose is-

(a) if the person is a natural person-a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both; or

(b) if the person is a body corporate-a fine not exceeding $5,000.

SECT. 74. Evidence WPREI 82:149 IDX WPREI 82:149 TOP

74. (1) In any proceedings for an offence against this Act or the regulations-

(a) any record kept in pursuance of the regulations or another law of the Commonwealth or a law of a State or Territory is admissible as prima facie evidence of the facts stated in the record;

(b) a copy of an entry in such a record, being a copy certified by the person by whom the record is kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and

(c) a document purporting to be a record kept in pursuance of the regulations or another law of the Commonwealth, or a law of a State or Territory, or purporting to be such a certified copy as is referred to in paragraph (b), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be.

(2) Where, in any proceedings for an offence against this Act or the regulations, a record referred to in paragraph (1) (a) is tendered as prima facie evidence of a fact stated in the record, the person alleged to have committed the offence may require the person who kept that record to be called as a witness for the prosecution in the proceedings.

SECT. 75. Evidence of analyst WPREI 82:149 IDX WPREI 82:149 TOP

75. (1) The Minister may appoint a person to be an analyst for the purposes of this Act.

(2) Subject to sub-section (4), a certificate of an analyst appointed under sub-section (1) stating that he has analyzed or examined a substance and stating the result of his analysis or examination is admissible in any proceeding under this Act as prima facie evidence of the matters in the certificate and of the correctness of the result of the analysis or examination.

(3) For the purposes of this section, a document purporting to be a certificate referred to in sub-section (2) shall, unless the contrary is established, be deemed to be such a certificate.

(4) A certificate shall not be admitted in evidence in pursuance of sub-section (2) in proceedings for an offence against this Act unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.

SECT. 76. Delegation WPREI 82:149 IDX WPREI 82:149 TOP

76. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Designated Authority or another person all or any of his powers under this Act, other than-

(a) his powers under section 9;

(b) his powers under section 24 in relation to an application for a permit to export a specimen specified in Part I of Schedule 3;

(c) his powers under section 24 in relation to an application for a permit to import a specimen specified in Part I of Schedule 3;

(d) his powers under section 44; and

(e) this power of delegation.

(2) A power so delegated, when exercised by the delegate shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

(4) Where-

(a) the Minister delegates a power to the Designated Authority; and

(b) by a provision of this Act, the Minister is precluded from exercising that power unless the Designated Authority has advised him that he is satisfied in relation to a matter, that provision shall be taken not so to provide but shall be taken to provide that the Designated Authority, as delegate of the Minister, shall not exercise that power unless he is satisfied in relation to that matter.

SECT. 77. Arrangements by Minister WPREI 82:149 IDX WPREI 82:149 TOP

77. The Minister may make arrangements to the extent necessary to achieve the object of this Act (including arrangements involving co-operation by the Commonwealth with the Government of another country, of a State or of the Northern Territory, the administration of an external Territory, an organization or a person) for-

(a) the formulation or assessment of a management program for the purposes of this Act;

(b) the carrying out of research relating to native Australian animals and native Australian plants the species of which are, or are likely to become, threatened with extinction and the existence of the species of which is likely to be affected by trade in specimens of the species;

(c) the collection of statistics relating to the export and import of wild animals or wild plants, including statistics relating to the movement of such animals and plants within Australia before export or after import, as the case may be; or

(d) the dissemination of information relating to the export and import of wild animals or wild plants.

SECT. 78. Co-operation with States and Territories WPREI 82:149 IDX WPREI 82:149 TOP

78. (1) The Minister shall ensure that-

(a) management programs for the purposes of this Act relating to the taking in or near Australia or in or near a prescribed Territory of specimens of native Australian animals or native Australian plants;

(b) proposed amendments to a Schedule, other than Schedule 8, (including amendments that would be deemed to be made by declarations under section 9) that would involve or affect native Australian animals or native Australian plants found in or near Australia or in or near a prescribed Territory;

(c) conditions to which permits or authorities are subject, being conditions relating to the confinement of live animals or live plants imported into Australia or into a prescribed Territory; and

(d) the requirements to be met by organizations that are to be entitled by virtue of this Act to receive live animals and live plants imported into Australia or into a prescribed Territory, are formulated or determined, as the case requires, in accordance with procedures that provide for the participation of a Minister of the Crown of each State and a Minister of the Northern Territory, being Ministers whom the first-mentioned Minister considers to be appropriate for the purpose.

(2) A reference in sub-section (1) to a Minister of the Northern Territory shall be read as a reference to a person holding an office referred to in section 34 of the Northern Territory (Self-Government) Act 1978.

(3) The Minister shall ensure that-

(a) management programs for the purposes of this Act relating to the taking in or near Norfolk Island of specimens of native Australian animals or native Australian plants;

(b) proposed amendments to a Schedule, other than Schedule 8, (including amendments that would be deemed to be made by declarations under section 9) that would involve or affect native Australian animals or native Australian plants found in or near Norfolk Island;

(c) conditions to which permits or authorities are subject, being conditions relating to the confinement of live animals and live plants imported into Norfolk Island; and

(d) the requirements to be met by organizations that are to be entitled by virtue of this Act to receive live animals and live plants imported into Norfolk Island, are formulated or determined, as the case requires, in accordance with procedures that provide for the participation of a person holding an office under section 13 of the Norfolk Island Act 1979 whom the Minister considers to be appropriate for the purpose.

SECT. 79. Fees WPREI 82:149 IDX WPREI 82:149 TOP

79. (1) The regulations may prescribe the fees to be paid in respect of the grant of a permit or the giving of an authority.

(2) A fee prescribed in respect of the grant of a permit or the giving of an authority shall be paid before the permit is granted or the authority is given.

(3) The regulations may prescribe the fees to be paid in respect of an application under this Act, other than an application for a permit or an authority.

(4) A fee prescribed in respect of an application under this Act shall be paid when the application is made.

SECT. 80. Review of decisions WPREI 82:149 IDX WPREI 82:149 TOP

80. (1) An application may be made to the Administrative Appeals Tribunal for a review of-

(a) a declaration by the Minister under sub-section 10 (1);

(b) a declaration by the Designated Authority under sub-section 11 (1) or 12 (1);

(c) a refusal by the Designated Authority of an application made under sub-section 11 (3) or 12 (3);

(d) a requirement by the Minister under sub-section 23 (5);

(e) a decision of the Designated Authority that he is satisfied, or not satisfied, in relation to a matter for the purposes of section 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or 38;

(f) a decision of the Minister to grant, or refuse to grant, a permit, other than a permit to export, or a permit to import, a specimen specified in Part I of Schedule 3;

(g) a determination by the Minister for the purposes of paragraph 24 (5) (b) of the period for which a permit is to remain in force;

(h) a refusal by the Designated Authority of an application made under sub-section 40 (5);

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

(k) a decision of the Designated Authority that he is satisfied, or not satisfied, in relation to a matter for the purposes of section 41, 42, 43 or 44;

(l) a decision of the Minister to give, or refuse to give, an authority under section 42 or 43;

(m) a determination by the Minister for the purposes of paragraph 42 (6) (c) of the period for which an authority under section 42 is to remain in force;

(n) a determination by the Minister for the purposes of paragraph 43 (9) (b) of the period for which an authority under section 43 is to remain in force, being a period of less than 12 months;

(o) a determination by the Minister for the purposes of paragraph 44 (3) (c) of the period for which an authority under section 44 is to remain in force;

(p) a decision of the Minister to vary, revoke or suspend a permit or authority under section 46;

(q) a determination by the Minister of the period of suspension of a permit or authority for the purposes of sub-section 46 (3);

(r) an imposition under sub-section 47 (1) of conditions in respect of a permit or an authority;

(s) a decision of the Minister to revoke, suspend, vary, or cancel a suspension of, a condition in respect of a permit or an authority under sub-section 47 (1);

(t) a refusal by the Minister of an application under sub-section 49 (1) or (2);

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

(v) a declaration by the Minister under sub-section 57 (5).

(2) In giving a direction as to the persons who are to constitute the Administrative Appeals Tribunal for the purposes of a review of a decision of the Designated Authority that he is satisfied, or not satisfied, in relation to a matter for the purposes of section 25, 27, 33 or 34 or paragraph 43 (6) (b), the President of the Tribunal shall ensure that, for the purposes of the review, the Tribunal is constituted by, or includes, a member of the Tribunal who, in the opinion of the President, has special knowledge or skill in relation to environmental matters.

(3) Where the Minister or the Designated Authority makes a decision of a kind referred to in sub-section (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

(4) Any failure to comply with the requirements of sub-section (3) in relation to a decision shall not be taken to affect the validity of the decision.

(5) In sub-section (1), "decision" has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.

SECT. 81. Regulations WPREI 82:149 IDX WPREI 82:149 TOP

81. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters-

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular-

(c) providing for the manner of service of notices under this Act;

(d) providing for forms to be completed, or declarations to be made, in relation to specimens by persons arriving in Australia or an external Territory; and

(e) prescribing penalties not exceeding $500 for offences against the regulations.

SECT. 82. Customs (Endangered Species) Regulations WPREI 82:149 IDX WPREI 82:149 TOP

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

(2) Notwithstanding the repeal by sub-section (1) of the regulations referred to in that sub-section, where an import permit, an export permit or a re-export certificate granted under those regulations was in force immediately before the commencement of this Act-

(a) that permit or certificate shall, subject to those regulations, continue in force; and

(b) those regulations shall continue to apply in relation to that permit or certificate, as if those regulations had not been repealed.

(3) While an import permit, an export permit or a re-export certificate granted under the regulations referred to in sub-section (1) in relation to a specimen continues in force by virtue of sub-section (2), this Act shall not be taken to prohibit the import, export or re-export, as the case requires, of the specimen in accordance with those regulations. ----------------

SCHEDULE 1 WPREI 82:149 IDX

SCHEDULE 1 Sections 21, 22, 28 and 36

SPECIMENS THE EXPORT OR IMPORT OF WHICH, OTHERWISE THAN IN ACCORDANCE WITH A PERMIT OR AN AUTHORITY, IS PROHIBITED, AND IN RELATION TO WHICH SECTIONS 28 AND 36 APPLY

PART I-SPECIMENS

A specimen that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part II.

A specimen that is, or is derived from, an animal that is, or has been, part of a population specified in Part III.

A specimen, other than a seed or spore, that is, or is derived from, a plant of a genus, species or sub-species specified, or described, in Part IV.

A specimen, other than a seed or spore, that is, or is derived from, a plant that is, or has been, part of the population of plants of the species Araucaria araucana in Chile.

A specimen, other than a seed or spore, that is, or is derived from, a plant of the variety alba of the species Lycaste virginalis (nun, white).

PART II-ANIMALS

Division 1-Class Amphibia

------------------------------------------------------------------------------- - Order Family Genus, species or sub-species Common name ------------------------------------------------------------------------------- - ANURA Hylidae Litoria longirostris frog, long-nosed tree Microhylidae Cophixalus concinnus microhylid, elegant Cophixalus saxatilis microhylid, rock-dwelling Leptodactylidae Arenophyryne rotunda frog, sandhill Philoria frosti frog, Mt Baw Baw Rheobatrachus silus frog, platypus SALIENTIA Atelopodidae Atelopus varius zeteki frog, Zetek's or (Panamanian) golden or golden arrow poison URODELA Bufonidae Bufo periglenes toad, orange or golden or Monte Verde Bufo superciliaris toad, Cameroon Nectophrynoides toads, viviparous African Cryptobranchidae Andrias (Megalobatrachus) davidianus salamander, Chinese giant Andrias (Megalobatrachus) japonicus salamander, Japanese giant ------------------------------------------------------------------------------- -

Division 2-Class Aves

------------------------------------------------------------------------------- - Order Family Genus, species or sub-species Common name ------------------------------------------------------------------------------- - ANSERIFORMES Anatidae Anas aucklandica nesiotis teal, Campbell Island flightless or Campbell Island brown Anas platyrhynchos laysanensis duck, Laysan. Laysan teal Anas oustaleti duck, Marianas Island or Oustalet's grey or Marianas mallard Branta canadensis leucopareia goose, Aleutian or Canada Branta sandvicensis goose, Hawaiian. nene Cairina scutulata duck, white-winged wood Rhodonessa caryophyllacea duck, pink-headed APODIFORMES Trochilidae Glaucis (Ramphodon) dohrnii hermit, hook-billed CAPRIMULGIFORMES Podargidae Podargus ocellatus plumiferus frogmouth, marbled CHARADRIIFORMES Laridae Anous tenuirostris Larus relictus noddy, lesser gull, relict. khar turunt tsakhiai Scolopacidae Numenius borealis curlew, Eskimo Tringa guttifer greenshank, Nordmann's or spotted CICONIIFORMES Ciconiidae Ciconia ciconia boyciana stork, Japanese white or white oriental Threskiornithidae Geronticus eremita ibis, hermit Nipponia nippon ibis, Japanese crested COLUMBIFORMES Columbidae Caloenas nicobarica Columba janthina nitens pigeon, Nicobar. Nicobar dove pigeon, red-headed wood or black wood Columba janthina stejnegeri pigeon, Stejneger's wood or black wood Ducula mindorensis pigeon, Mindoro imperial or Mindoro zone-tailed CORACIIFORMES Bucerotidae Buceros bicornis homrai hornbill, Homrai great pied or Homrai great Indian or Northern great pied Rhinoplax vigil hornbill, helmeted FALCONIFORMES Accipitridae Erythrotriorchis (Accipiter) radiatus Goshawk, red Aquila chrysaetos japonica eagle, Japanese golden Aquila heliaca eagle imperial Buteo buteo toyoshimae buzzard, Bonin Chondrohierax uncinatus wilsonii kite, Cuba(n) hook-billed Spilornis (Haematornis) cheela perplexus eagle, Ryuykyu serpent Haliaeetus albicilla eagle, white-tailed (sea) or grey sea Haliaeetus leucocephalus eagle, (American) bald Harpia harpyja eagle, harpy Pithecophaga jefferyi eagle, Philippine or monkey-eating Cathartidae Gymnogyps californianus condor, California Vultur gryphus condor, Andean Falconidae Falco araea kestrel, Seychelles Falco newtoni aldabranus kestrel, Aldabra Falco peregrinus (pelegrinoides/ babylonicus) falcon, Peregrine (Barbary falcon/Shaheen included) Falco peregrinus furuitii falcon, Volcano Islands peregrine Falco punctatus kestrel, Mauritius GALLIFORMES Cracidae Crax blumenbachii curassow, red-billed. mutum Crax (Mitu) mitu mitu curassow, razor-billed. mitu Oreophasis derbianus guan, horned Penelope albipennis guan, white-winged Alburra (Pipile) jacutinga guan, black-faced piping or black-fronte d piping. black-fronted curassow jacutinga Alburra (Pipile) pipile pipile curassow, Trinidad white-headed. Trinidad white-headed piping guan Megapodiidae Macrocephalon maleo maleo (bird) or megapode Phasianidae Catreus wallichii pheasant, cheer Colinus virginianus ridgwayi bobwhite, masked Crossoptilon crossoptilon pheasant, white eared or Tibetan eared Crossoptilon mantchuricum pheasant, brown eared Lophophorus impeyanus monal, Himalayan or pheasant, (Himalayan) monal or Impeyan Lophophorus lhuysii pheasant Chinese. Chinese monal Lophophorus sclateri pheasant, Sclater's. Sclater's monal pheasant Lophura edwardsi pheasant, Edwards' Lophura imperialis pheasant, Imperial Lophura swinhoii pheasant, Swinhoe's Polyplectron emphanum pheasant, Palawan peacock Syrmaticus ellioti pheasant, Elliot's Syrmaticus humiae pheasant, Hume's or (Hume's) bar-tailed or Mrs Hume's Syrmaticus mikado pheasant, Mikado Tetraogallus caspius snowcock, Caspian Tetraogallus tibetanus snowcock, Tibetan Tragopan blythii tragopan, Blyth's Tragopan caboti tragopan, Cabot's Tragopan melanocephalus tragopan, western (horned) Tetraonidae Lagopus mutus japonicus ptarmigan, Japanese Tympanuchus cupido attwateri chicken, Attwater's (greater) prairie GRUIFORMES Gruidae Grus americana crane, whooping Grus canadensis nesiotes crane, Cuba sandhill Grus canadensis pulla crane, Mississippi sandhill Grus japonensis crane, Japanese or Manchurian or red-crowned Grus japonicus crane, Japanese Grus leucogeranus crane, Siberian white or snow or great white Grus monacha crane, Hooded Grus nigricollis crane, black-necked or Tibetan Grus vipio crane, white-naped or (Japanese) white-necked Otidadae Choriotis nigriceps bustard, great Indian Chlamydotis undulata bustard, Houbara Eupodotis bengalensis bustard, Bengal or great. Bengal florican Pedionomidae Pedionomus torquatus plains-wanderer Rallidae Rallus (Tricholimnas) sylvestris rail, Lord Howe wood or woodhen, Lord Howe Island Rhynochetidae Rhynochetos jubatus kagu

PASSERIFORMES Atrichornithidae Atrichornis clamosus scrub-bird, noisy. western scrub-bird Corvidae Garrulus lidthi jay, Lidth's or purple Cotingidae Cotinga maculata cotinga, spotted or banded Xipholena atropurpurea cotinga, white-winged Cracticidae Strepera graculina crissalis currawong, Lord Howe Island Fringillidae Carduelis (Chloris) sinica kittlitzi greenfinch, Bonin Spinus cucullatus siskin, red Meliphagidae Apalopteron familiare hahasima honey-eater, Hahajima Lichenostomus (Meliphaga) melanops cassidix honeyeater, helmeted Manorina melanotis miner, black-eared Muscicapidae Dasyornis brachypterus bristlebird, eastern or long-billed Dasyornis broadbenti littoralis bristlebird, western Picathartes gymnocephalus rock-fowl, white-necked or bare-headed. white-necked picathartes. white-necked bald crow Picathartes soreas rock-fowl, grey-necked