Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999

No. 12, 1999

An Act to amend the Wildlife Protection (Regulation of Exports and Imports) Act 1982, and for related purposes

[Assented to 8 April 1999]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999.

2 Commencement

This Act commences 28 days after the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Wildlife Protection (Regulation of Exports and Imports) Act 1982

1 Subsection 4(1)

Insert:

Convention listed animal means an animal of a species included in Appendix I, II or III to the Convention.

Note: These species are included in those listed in Schedules 1, 2, 2A and 3.

Convention listed plant means a plant of a species included in Appendix I, II or III to the Convention.

Note: These species are included in those listed in Schedules 1, 2, 2A and 3.

2 After subsection 4(2A)

Insert:

(2B) For the purposes of this Act, if a thing is represented by an accompanying document, the package or a mark or label, or from any other circumstances, to be:

(a) the skin, feathers, horns, shell or any other part of a Convention listed animal; or

(b) part of a Convention listed plant; or

(d) an article produced by or from, or derived from, one or more Convention listed animals or one or more Convention listed plants, whether with or without any other material;

then the thing is taken to be a specimen derived from the Convention listed animal or the Convention listed plant, or from each Convention listed animal or Convention listed plant, as the case requires.

Note: This subsection has the effect (among other things) of widening the scope of sections 21, 22 and 53, which are offence provisions relating to the export, import and possession of specimens.

3 After subsection 4(2B)

Insert:

(2C) However, the import or export of a thing that is taken under subsection (2B) to be a specimen derived from an animal or plant of a particular kind is not to be taken to be in accordance with a permit or authority only because of the operation of that subsection.

Example: A person labels tiger bone as the bone of a Convention listed animal that the person is authorised by a permit to import, and imports the tiger bone. The mere fact that the tiger bone is labelled in that way does not mean that its import is in accordance with a permit.

4 At the end of section 21 (after the penalty)

Add:

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

5 At the end of section 22 (after the penalty)

Add:

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

6 At the end of subsection 53(1)

Add:

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

[Minister’s second reading speech made in—

Senate on 9 December 1998

House of Representatives on 11 March 1999]

(238/98)