(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).

Interpretation

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;

(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

“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

“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

“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

“plant specimen” means—

(a) a plant;

(b) plant reproductive material;

(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

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 denned in, or having a particular meaning assigned to it by, this Act and is used in the Convention (whether or not it is denned 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.

Saving of other laws

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.

Application of Act

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

Act to bind Crown

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

Act not to apply to certain specimens

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—

(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—

(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.

Variation of Schedules

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.

Approved management programs

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.

Approved institutions

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.

Approved zoological organizations

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.

Inter zoological gardens transfer

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.

Breeding in captivity

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

would constitute breeding in captivity.

Artificial propagation

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

would constitute artificial propagation.

Export of household pets

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.

Designated Authority

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

Constitution of Designated Authority

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;

(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.

Remuneration and allowances of Designated Authority

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.

Acting Designated Authority

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

Certain exports prohibited

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.

Certain imports prohibited

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

Application for permit

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.

Grant of permit

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

Permits to export not to be granted if detrimental to survival of kind of animals or plants

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.

Permits to export not to be granted in respect of specimens unlawfully obtained, &c.

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.

Requirements for permits to export live animals and live plants

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.

Requirements for permits to export—Schedule 1

28. Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part 1 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;

(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.

Requirements for permits to export—Schedule 2

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;

(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.

Requirements for permits to export—Schedule 3

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.

Requirements for permits to export—Native Australian animals and plants

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;

(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.

Permits to re-export

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

Permits to import not to be granted if detrimental to survival of kind of animals or plants

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.

Requirements for permits to import live animals and live plants

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.

Requirements for permits to import certain live animals and live plants

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.

Requirements for permits to import—Schedule 1

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;

(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.

Requirements for permits to import—Schedule 2

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;

(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.

Requirements for permits to import—Schedule 3

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

Application for authority

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.

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

(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.

Authority to export or import scientific specimens

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;

(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.

Authority to export or import artificially propagated plants

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.

Authority to export or import for the purposes of travelling circuses, &c.

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

(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

(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.

Authority to export or import in exceptional circumstances

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

Permit or authority to be produced

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.

Revocation, &c, of permits and authorities

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.

Conditions in respect of permits and authorities

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.

Compliance with conditions of permit or authority

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.

Applications to Minister to vary operation of permits or authorities

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.

Conditions relating to imported animals

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.

Conditions relating to imported plants

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

Matters published in Gazette

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;

(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.

Possession of illegally imported specimens

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.

Specimens in personal effects of visitors to Australia

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—

(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 subsections (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

Specimens in personal effects of intending residents of Australia

55. (1) Where—

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

that person may—

(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.

Specimens in personal effects of residents of Australia

56. (1) Where—

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

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.

Uncertainty regarding specimen

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;

(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—

(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

Appointment of inspectors

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

Inspectors ex officio

59. By force of this section—

(a) any officer of Customs;

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

is an inspector.

Arrangements for State and Territory officers to be inspectors

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.

Identity cards

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.

Boarding of vessels, &c, by inspectors

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;

(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

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

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.

Access to premises

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.

Functions of inspectors

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

(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.

Powers of arrest of inspectors

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

(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.

Persons to assist inspectors

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

and, if he fails to do so, that person is not obliged to comply with the request.

Power to search baggage

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.

Obstruction of inspectors

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.

Seizure and forfeiture of specimens

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

(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.

Disposal of certain live animals and plants seized

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.

Seizure and forfeiture of goods involved in offences

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.

False statements

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—

(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.

Indictable offences

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.

Evidence

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.

Evidence of analyst

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.

Delegation

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.

Arrangements by Minister

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.

Co-operation with States and Territories

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;

(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.

Fees

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.

Review of decisions

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);

(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.

Regulations

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—

(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.

Customs (Endangered Species) Regulations

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 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 1—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 I—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 aucktandica 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	noddy, lesser
CHARADRIIFORMES		Larus relictus	gull, relict, knarturunt tsakhiai
	Scolopacidae	Numenius borealis	curlew, Eskimo
		Tringa guttifer	greenshank, Nordmann’s or spotted

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
CORACHFORMES	Ciconiidae	Ciconia ciconia boyciana	stork, Japanese white or white oriental
	Threskiornithidae	Geronticus eremita	ibis, hermit
		Nipponia nippon	ibis, Japanese crested
COLUMBIFORMES	Columbidae	Caloenas nicobarica	pigeon, Nicobar, Nicobar dove
COLUMBIFORMES		Columba janthina nitens	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
CORACHFORMES	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
	Falcon idae	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-fronted 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 Ihuysii	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, Altwater’s (greater) prairie

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
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 while or snow or great while
		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 alropurpurea	cotinga, white-winged
	Cracticidae	Strepera graculina crissalis	currawong, Lord Howe Island
	Fringillidae	Carduelis (Chloris) sinica kittlitzi	greenfinch, Bonin
		Spinus cucutlatus	siskin, red
	Meliphagidae	Apahpteron 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, grey-necked
		Amytornis dorolheae	grasswren, carpentarian or red-winged
		Amytornis textilis textilis	grasswren, thick-billed
		Malurus coronalus	fairy-wren, purple-crowned
		Bradypterus pryeri pryeri	swamp-warbler, Japanese
		Cettia diphone panafidinica	bush-warbler, Torishima
		Psophodes nigrogularis	whipbird, western
		Drymodes superciliaris colcloughi	robin, northern scrub
		Erithacus komadori komadori	robin, Ryukyu or Temminck’s
		Erithacus komadori namiyei	robin, Stejneger’s
		Erithacus komadori subrufa	robin, Yaeyama
		Turdus dauma amami	thrush, Amami tiger
	Pardalotidae (Dicaeidae)	Pardalotus quadragintus	pardalote, forty-spotted
	Pittidae	Pitta kochi	pitta, Koch’s
	Pycnonotidae	Pycnonotus sinensis orii	bulbul, lesser Chinese
	Sturnidae	Leucopsar rothschildi	starling, Rothschild’s or white, Rothschild’s or Bali mynah
	Troglodytidae	Troglodytes troglodytes orii	wren, Borodino
	Zosteropidae	Zosterops albogitlaris	silvereye, while-breasted, while-chested white eye
			silvereye, while-breasted, while-chested white eye
PELECANIFORMES	Fregatidae	Fregata andrewsi	frigate bird, Christmas Island
	Sulidae	Sula abbotti	booby, Abbott’s
PICIFORMES	Picidae	Campephilus imperialis	woodpecker, imperial
		Picoides (Dendrocopos) leucotos owstoni	woodpecker, Owston’s white-backed
		Dryocopus javensis richardsi	woodpecker, Tristram’s or white-bellied black
		Picoides tridactylus inouyei	woodpecker, Ezothree-loed
		Sapheopipo noguchii	woodpecker, Pryer’s
PODICIPEDIFORMES	Podicipcdidae	Podilymbus gigas	grebe, Atitlan (pied-billed) or giant pied-billed

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
PROCELLARIIFORMES	Diomedeidae	Diomedea albatrus	albatross, short-tailed or Steller’s
	Procellariidae	Pterodroma leucoptera leucoptera	petrel, Gould’s
		Pterodroma solandri	petrel, providence or Solander’s
		Puffinus carneipes hullianus	shearwater, Lord Howe Island flesh-footed or pale-footed
PSITTACIFORMES	Psittacidae	Amazona arausiaca	amazon, red-necked jacquot
		Amazona barbadensis	amazon, yellow-shouldered
		Amazona brasiliensis	amazon, red-tailed
		Amazona guildingii	amazon, St. Vincent, St. Vincent parrot
		Amazona imperiatis	amazon, imperial, imperial parrot
		Amazona leucocephala	amazon, Cuban, Cuban or Bahamas or Bahaman parrot
		Amazona pretrei	amazon, red-spectacled, red-spectacled parrot
		Amazona dufresniana (rhodocorytha)	amazon, red-crowned, red-browned or red-crowned parrot
		Amazona versicolor	amazon, St. Lucia, St. Lucia parrot
		Amazona vinacea	amazon, vinaceous, vinaceous (breasted) parrot
		Amazona vittata	amazon, Puerto Rican or red-fronted, Puerto Rico or Puerto Rican parrot
		Anodorhynchus glaucus	macaw, Glaucous
		Anodorhynchus leari	macaw, Lear’s or indigo
		Aratinga guarouba	parakeet, golden, golden or Queen of Bavaria or Queen of Bavaria’s conure
		Cyanopsitta spixii	macaw, Spix’s or little blue
		Cyanoramphus auriceps forbesi	parakeet, Forbes’ or yellow-fronted, Forbes’ Kakariki
		Cyanoramphus novaezelandiae cookii	parrot, Norfolk Island
		Cyclopsitta diophthalma coxeni	fig-parrot, Coxen’s
		Geopsittacus occidentalis	parrot, night
		Neophema chrysogaster	parrot, orange-bellied
		Pezoporus walltcus	parrot, ground
		Pionopsitta pileata	parrot, pileated or red-capped
		Polytelis alexandrae	parrot, Alexandra’s
		Psephotus chrysopterygius	parrot, golden-shouldered
		Psephotus dissimilis	parrot, hooded
		Psephotus pulcherrimus	parrot, paradise
		Psittacula krameri echo	parakeet, Mauritius ring-necked
		Psitlacus erithacus princeps	parrot, Fernando poo grey or principe
		Pyrrhura cruentata	conure, blue-throated or red-rumped, ochre-marked parakeet
		Rhynchopsitta	parrot, thick-billed or maroon-fronted
		Strigops habroptilus	kakapo, owl parrot
RHEIFORMES	Rheidae	Pterocnemia pennata	rhea, Darwin’s or lesser or puna
SPHENISCIFORMES	Spheniscidae	Spheniscus humboldti	penguin, Humboldt or Peruvian
STRIGIFORMES	Strigidae	Athene blewitti	owl, forest little, forest spotted owl
		Ketupa (Bubo) blakistoni blakistoni	owl, Blakiston’s eagle or Blakiston’s fish
		Ninox novaeseelandiae royana	owl, Norfolk Island boobook
		Ninox squamipila natalis	owl, Christmas Island (hawk-)
		Mimizuku (Otus) gurneyi	owl, giant scops
	Tytonidae	Tyto soumagnei	owl, Soumagne’s or Madagascar grass
TINAMIFORMES	Tinamidae	Tinamus solitarius	tinamou, solitary
TROGONIFORMES	Trogonidae	Pharomachrus mocinno costaricensis	quetzal, Costa Rica (resplendent)
		Pharomachrus mocinno mocinno	quetzal, magnificent or Mexican resplendent

SCHEDULE 1—continued

Division 3—Class Mammalia

Order	Family	Genus, species or sub-species	Common name
ARTIODACTYLA	Antilocapridae	Antilocapra americana peninsularis	pronghorn, Lower California or peninsular
		Antilocapra americana sonoriensis	pronghorn, Sonoran
	Bovidae	Bison bison athabascae	bison, wood
		Bosgaurus	ox, Indian wild, gaur, saladang, seladang
		Bos mutus (grunniens)	yak, wild
		Bubalus (Anoa) depressicornis	anoa, lowland
		Bubalus (Anoa) mindorensis	tamaraw, tamarou
		Bubalus (Anoa) quarlesi	anoa, mountain
		Capra falconeri chiltanensis	markhor, Chiltan
		Capra falconeri jerdoni	markhor, straight-horned
		Capra falconeri megaceros	markhor, Kabul
		Capricornis sumatraensis	serow
		Hippotragus niger variani	antelope, giant sable
		Nemorhaedus goral	goral
		Novibos (Bos) sauveli	kouprey
		Oryx leucoryx	oryx, Arabian
		Ovis ammon hodgsoni	sheep, great Tibetan, nyan
		Ovis orientalis ophion	mouflon, Cyprian
		Ovis vignei	urial, shapu, shapo
		Pantholops hodgsoni	antelope, Tibetan, chiru, orong
		Rupicapra rupicapra ornata	chamois, Abruzzi
	Camelidae	Vicugna vicugna	vicuna, vicugna
	Cervidae	Axis (Hyelaphus) calamianensis	deer, Calamian (hog) or Philippine
		Axis (Hyelaphus) kuhli	deer, Kuril’s (hog) or Bawean (hog)
		Axis (Hyelaphus) porcinus annamiticus	deer, Ganges hog or Thai hog
		Blastocerus dichotomus	deer, marsh, guasu puca
		Cervus duvauceli	deer, swamp, barasingha
		Cervus elaphus hanglu	deer, Kashmir, Kashmir stag hangul
		Cervus eldi	deer, brow-antlered or Eld’s thamin
		Oama mesopotamica	deer, Persian fallow or Mesopotamian fallow
		Hippocamelus antisensis	huemal, North Andean or Peruvian, taruca, Peruvian guemal
		Hippocamelus bisulcus	huemal, South Andean or Chilean, Chilean guemal
		Ozotoceros bezoarticus	deer, Pampas
		Pudu pudu	pudu, Chilean
	Suidae	Babyrousa babyrussa	babirusa, deer hog, babiroussa
		Sus salvanius	hog, pygmy
CARNIVORA	Canidae	Speothos venaticus	dog, bush or savannah
		Vulpes velox hebes	fox, northern kit or northern swift
	Felidae	Acinonyx jubatus	cheetah, or hunting leopard
		Felis bengalensis bengalensis	cat, leopard
		Felis concolor coryi	cougar, Florida, Florida puma Florida panther
		Felis concolor costaricensis	puma, Costa Rica or Central American
		Felis concolor cougar	cougar, eastern, eastern puma eastern panther
		Felis jacobita	cat, mountain or Andean
		Felis marmorala	cat, marbled
		Felis nigripes	cat, black-footed
		Felis pardalis mearnsi	ocelot, Costa Rican
		Felis pardalis mitis	ocelot, Brazilian
		Felis planiceps	cat, flat-headed
		Felis (Lynx) rufa escuinapae	bobcat, Mexican
		Felis temmincki	cat, Asiatic golden or Temminck’s (golden)
		Felis tigrina oncilla	cat, tiger or little spotted
		Felis wiedii nicaraguae	margay, Nicaraguan
		Felis wiedii salvinia	margay, Guatemalan
		Felis yagouaroundi cacomitli	jaguarundi, eastern Mexico
		Felis yagouaroundi fossata	jaguarundi, southern Mexico
		Felis yagouaroundi panamensis	jaguarundi, Panaman
		Felis yagouaroundi tolieca	jaguarundi, western Mexico

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
		Neofelis nebulosa	leopard, clouded
		Panthera leo persica	lion, Asiatic or Indian
		Panthera onca	jaguar
		Panthera pardus (Sub-species of Panthera tigris other than Panthera tigris altaica (also known as Panthera tigris amurensis))	leopard
		Panthera uncia	leopard, snow
	Hyaenidae	Hyaena brunnea	hyaena, brown
	Mustelidae	Aonyx microdon	otter, Cameroon clawless or small-toothed clawless or small-clawed
		Enhydra iutris nereis	otter, southern sea or Californian sea
		Lutra felina	otter, marine, chungungo seat cat
		Lulra longicaudis (platensis/annectens)	otter, long-tailed (La Plata otter or South American otter or lobito derio and Central American otter included)
		Lutra lutra	otter, Eurasian or European (river) or Old World or common
		Lutra provocax	otter, southern river, huillin
		Mustela nigripes	ferret, black-footed
		Pteronura brasiliensis	otter, giant or Brasilian
	Ursidae	Helarctos malayanus	bear, Malayan (sun)
		Selenarctos thibetanus	bear, Himalayan (black) or Asiatic black
		Tremarctos ornatus	bear, spectacled or Andean
		Ursus arctos isabellinus	bear, red or Himalayan brown
		Ursus arctos nelsoni	bear, Mexican (grizzli)
		Ursus arctos pruinosus	bear, Tibet (an) brown
	Viverridae	Prionodon pardicolor	linsang, spotted, tiger-civet
EDENTATA	Dasypodidae	Priodontes giganteus (maximus)	armadillo, giant
LAGOMORPHA	Leporidae	Caprolagus hispidus	rabbit, Assam, hispid hare
		Romerolagus diazi	rabbit, volcano
MARSUPIALIA	Dasyuridac	Sminthopsis longicaudata	dunnart, long-tailed
		Sminthopsis psammophila	dunnart, sandhill
	Macropodidae	Bettongia	bettong
		Caloprymnus campestris	kangaroo, desert rat-
		Lagorchestes asomatus	hare-wallaby, central
		Lagorchestes hirsutus	wallaby, rufous hare-
		Lagorchestes leporides	hare-wallaby, eastern
		Lagostrophus fasciatus	wallaby, banded hare-
		Macropus greyi	wallaby, toolache
		Onychogalea fraenata	wallaby, bridled nailtail
		Onychogalea lunata	wallaby, crescent nailtail
		Petrogale	rock-wallaby, proserpine
		Potorous longipes	potoroo, long-footed
		Potorous platyops	potoroo, broad-faced
	Myrmecobiidae	Myrmecobius fasciatus	numbat
	Peramelidae	Chaeropus ecaudatus	bandicoot, pig-footed
		Macrotis lagotis	bilby, greater
		Macrotis leucura	bilby, lesser
		Perameles bougainville	bandicoot, western barred
		Perameles eremiana	bandicoot, desert
	Petauridae	Gymnobelideus leadbeateri	possum, leadbeater’s
	Thylacinidae	Thylacinus cynocephalus	thylacine
	Vombatidae	Lasiorhinus krefftii	wombat, northern hairy-nosed
PERISSODACTYLA	Equidae	Equus grevyi	zebra, Grevy’s
		Equus hemionus hemionus	ass, Mongolian wild, kulan, oziggetai
		Equus hemionus khur	ass, Indian wild, ghor-khar khar
		Equus przewalskii	horse, Przewalski’s or Mongolian wild
		Equus zebra zebra	zebra, Cape Mountain
	Rhinocerotidae	(All species of Rhinocerotidae)	rhinoceroses, rhinos
	Tapiridae	Tapirus bairdii	tapir, Central American or Baird’s
		Tapirus indicus	tapir, Malayan or Indian or Asian
		Tapirus pinchaque	tapir, mountain or woolly
PHOLIDOTA	Manidae	Manis temmincki	pangolin, South African, scaly anteater

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
PINNIPEDIA	Otariidae	Arctocephalus townsendi	seal, Guadalupe fur or Lower California fur
	Phocidae	Monachus	seals, monk
PRIMATES	Callilhricidae	Callimico goeldii	marmoset, Goeldi’s, Goeldi’s tamarin
		Callithrix aurita	marmoset, white-eared
		Callilhrix flaviceps	marmoset, buff-headed
		Leontopithecus (Leontideus)	tamarins, golden (lion) or pied
		Saguinus bicolor	tamarin, pied
		Saguinus leucopus	tamarin, white-footed
		Saguinus Oedipus (geoffroyi)	tamarin, cotton-headed or cotton top, cotton-top or pinche marmoset liszet monkey (Geoffroy tamarin included)
	Cebidae	Alouatta palliata (villosa)	howler, Guatemalan + mantled
		Ateles geoffroyi frontatus	monkey, black-browed spider
		Aleles geoffroyi panamensis	monkey, Panama spider or red (-bellied) spider
		Brachyteles arachnoides	monkey, woolly spider
		Cacajao	uakaris
		Chiropotes albinasus	saki, white-nosed
		Saimiri oerstedii	monkey, red-backed squirrel or Central American squirrel
	Cercopithecidae	Cercocebus galerilus galeritus	mangabey, Tana River (monkey)
		Cereopithecus diana (roloway)	monkey, Diana (Roloway monkey included)
		Colobus badius kirkii	colobus, Kirk’s red or Zanzibar red
		Colobus badius rufomitralus	colobus, Tana River red
		Macaca silenus	macaque, lion-tailed or wanderoo
		Nasalis larvatus	monkey, proboscis
		Papio (Mandrillus) leucophaeus	drill
		Papio (Mandrillus) sphinx	mandrill
		Presbytis entellus	langur, entellus or true or hanuman or common
		Presbytis geei	langur, golden
		Presbytis pilealus	langur, capped or bonneted, capped monkey
		Presbytis potenziani	langur, long-tailed, mentawi leaf monkey
		Pygathrix nemaeus	langur, douc
		Simias concolor	langur, pig-tailed or Mentawi Islands snub-nosed or Pagi Island
	Daubentoniidae	Daubentonia madagascariensis	aye-aye
	Hylobatidae	Hylobates	gibbons
		Symphalangus syndactylus	siamang
	Indriidae	Avahi	avahis or woolly lemurs or woolly indris
		Indri	indris
		Propithecus	sifakas
	Lemuridae	Allocebus	lemurs, hairy-eared dwarf
		Cheirogaleus	lemurs, fat-tailed dwarf
		Hapalemur	lemurs, gentle
		Lemur	lemurs
		Lepilemur	lemurs, sportive and weasel
		Microcebus	lemurs, mouse
		Phaner	lemurs, fork-marked mouse
	Pongidae	(All species of Pongidae)	apes, great
PROBOSCIDEA	Elephantidae	Elephas maximus	elephant, Asian or Indian
RODENTIA	Muridae	Conilurus aibipes	tree-rat, rabbit-eared (rabbit-rat)
		Leporillus apicalis	rat, lesser stick-nest
		Leporillus conditor	rat, greater stick-nest or house-building
		Notomys amplus	hopping-mouse, short-tailed
		Notomys aquilo	hopping-mouse, northern
		Notomys fuscus	hopping-mouse, dusky
		Notomys longicaudatus	hopping-mouse, long-tailed
		Notomys macrotis	hopping-mouse, big-eared
		Notomys mordax	hopping-mouse, Darling Downs
		Pseudomys fieldi	mouse, Alice Springs
		Pseudomys fumeus	mouse, smoky (false)
		Pseudomys praeconis	mouse, Shark Bay (false)

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
		Xeromys myoides	rat, false water-
		Zyzomys pedunculatus	rat, central rock or Macdonnel Range rock
	Sciuridae	Cynomys mexicanus	dog, Mexican prairie, Mexican prairie marmot
SIRENIA	Trichcchidae	Trichechus inunguis	manatee, South American or Amazonian
		Trichechus manatus	manatee, Caribbean or North American or West Indian

Division 4—Class Mollusca

Order	Family	Genus, species or sub-species	Common name
NAIADOIDA	Unionidae	Conradilla caelata	mussel, birdwing pearly, rimose naiad
		Dromus dromas	mussel, dromedary pearly, dromedary naiad
		Epioblasma (Dysnomia) torulosa gubernaculum	mussel, green-blossomed pearly, green-blossom naiad
		Epioblasma (Dysnomia) florentina curtisi	mussel, Curtis pearly, Curtis’ naiad
		Epioblasma (Dysnomia) florentina florentina	mussel, yellow-blossom pearly, yellow-blossom naiad
		Epioblasma (Dysnomia) sampsoni	mussel, Sampson’s pearly, Sampson’s naiad
		Epioblasma (Dysnomia) sulcata perobliqua	mussel, white catspaw, white cats paw
		Epioblasma (Dysnomia) torulosa torulosa	mussel, tuberculed-blossom pearly, tuberculed-blossom naiad
		Epioblasma (Dysnomia) turgidula	mussel, turgid-blossom pearly, turgid-blossom naiad
		Epioblasma (Dysnomia) waikeri	mussel, brown-blossom, tan riffle shell, brown-blossom naiad
		Fusconaia cuneolus	mussel, fine-rayed pigtoe pearly, fine-rayed pigtoe
		Fusconaia edgariana	mussel, pearly, shiny pigtoe
		Lampsilis higginsi	mussel, pearly, Higgin’s eye
		Lampsilis orbiculata orbiculata	mussel, pearly, pink mucket
		Lampsilis satura	mussel, plain pocketbook
		Lampsilis virescens	mussel, Alabama lamp pearly, Alabama lamp naiad
		Plethobasus cicatricosus	mussel, pearly, white wartyback
		Piethobasus cooperianus	mussel, orange-footed pimpleback
		Pleurobema plenum	mussel, pearly, rough pigtoe
		Potamilus (Proptera) capax	mussel, pearly, fat pocketbook
		Quadrula intermedia	mussel, Cumberland monkeyface, Cumberland monkey face
		Quadrula sparsa	mussel, Appalachian monkeyface pearly, Appalachian monkey face
		Toxolasma (Carunculina) cylindrella	mussel, pale lilliput pearly, pale lilliput naiad
		Unio (Megalonaias) nickliniana	mussel, Nicklin’s pearly
		Unio (Lampsilis) tampicoensis tecomatensis	mussel, Tampico pearly
		Villosa (Micromya) trabalis	mussel, pearly Cumberland bean

Division 5—Class Pisces

Order	Family	Genus, species or sub-species	Common name
ACIPENSERIFORMES	Acipenseridae	Acipenser brevirostrum	sturgeon, shortnose
CYPRINIFORMES	Catostomidae	Chasmistes cujus	cui-ui
	Cyprinidae	Probarbus jullieni	ikan, temoleh, pla eesok (Thai), ikan temelian (Malay)
OSTEOGLOSSIFORMES	Osteoglossidae	Scleropages formosus	bonytongue, Asian or Asiatic, kelesa, dragon fish, golden arowana
PERCIFORMES	Percichthyidae	Maccullochella macquariensis	cod, Trout

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
		Macquaria australasica	perch, Macquarie
	Percidae	Stizostedion vilreum glaucum	walleye, blue, blue pickerel, blue pike
	Sciaenidae	Cynoscion macdonaldi	weakfish, MacDonald, totoaba
SALMONIFORMES	Prototroctidae	Prototroctes maraena	grayling, Australian
	Salmonidae	Coregonus alpenae	cisco, longjaw
SILURIFORMES	Schilbeidae	Pangasianodon gigas	catfish, giant

Division 6—Class Reptilia

Order	Family	Genus, species or sub-species	Common name
CROCODYLIA	Alligatoridac	Alligator sinensis	alligator, China or Chinese
		Caiman crocodilus apaporiensis	caiman, Rio Apaporis (septacled) or Apaporis River
		Caiman latirostris	caiman, broad-nosed or broad-snouted
		Melanosuchus niger	caiman, black
	Crocodylidae	Crocodylus acutus	crocodile, American
		Crocodylus cataphractus	crocodile, African slender-snouted or African sharp-nosed
		Crocodylus intermedius	crocodile, Orinoco
		Crocodylus moreletii	crocodile, Morelet’s
		Crocodylus niloticus	crocodile, Nile or African
		Crocodylus novaeguineae mindorensis	crocodile, Mindoro or Philippine
		Crocodylus palustris	crocodile, marsh or broad-snouted or mugger
		Crocodylus rhombifer	crocodile, Cuban
		Crocodylus siamensis	crocodile, Siamese
		Osteolaemus tetraspis	crocodile, (African) dwarf
		Tomistoma schlegelii	gavial, false, tomistoma, (crocodile) false gharial
	Gavialidae	Gavialis gangeticus	gavial, (Indian), gharial
RHYNCHOCEPHALIA	Sphenodontidae	Sphenodon punctatus	Tuatara
SAURIA	Iguanidae	Brachylophus	iguanas, banded and Fiji crested
		Cyclura	iguanas, West Indian rock or ground
		Sauromalus varius	chuckwalla, San Esteban Island
	Varanidae	Varanus bengalensis	monitor, Indian or Bengal
		Varanus flavescens	monitor, yellow or ruddy snub-nosed, yellow land or (Indian) oval-grain lizard
		Varanus griseus	monitor, grey or desert
		Varanus komodoensis	monitor, Komodo (Island), ora, Komodo dragon
SERPENTES	Boidae	Acrantophis	boas, Madagascar
		Bolyeria	boas, Round Island
		Casarea	boas, keel-scaled or Round Island
		Epicrates inornatus	boa, Puerto-Rican or yellow tree, culebra grande
		Epicrates subflavus	boa, Jamaca (n)
		Python molurus molurus	python, Indian (rock) or tiger
		Sanzinia madagascariensis	boa, Madagascar tree, sanzinia
SQUAMATA	Elapidae	Hoplocephalus bungaroides	snake, broad-headed
		Neelaps calonotus	snake, black-striped
	Pygopodidae	Aprasia parapulchella	lizard, flap-footed
		Ophidiocephalus taeniatus	lizard, bronzebacked legless
	Scincidae	Ctenotus lancelini	skink, Lancelin Island striped
		Lerista lineata	skink, lined burrowing
		Pseudemoia palfreymani	skink, Pedra Branca
TESTUDINATA	Chelidae	Pseudemydura umbrina	turtle, short-necked (swamp) or (western) swamp
	Cheloniidae	(All species of Cheloniidae)	turtles, (true) sea
	Dermochelyidae	Dermochelys coriacea	turtle, leathery or leather-backed or luth
	Emydidae	Batagur baska	terrapin, river, tuntong, common batagur
		Geoclemys (Damonia) hamiltonii	turtle, black pond or spotted pond, Hamilton’s terrapin

SCHEDULE 1—continued

Order	Family	Genus, species or sub-species	Common name
		Geoemyda (Nicoria) tricarinata	turtle, three-keeled or Asian three-keeled. Bengal three-keeled land terrapin or three-keeled. land tortoise
		Kachuga tecta tecta	turtle, Indian tent or Indian roof (ed) or Indian sawback or dura
		Morenia ocellata	turtle, Burmese swamp or Burmese peacock, Bengal eyed terrapin
		Terrapene coahuila	turtle, Aquatic box, water box, coahuila
	Testudinidae	Geochelone (Testudo) elephantopus	tortoise, Galapagos giant
		Geochelone (Testudo) radiata	tortoise, (Madagascar) radiated
		Geochelone (Testudo) yniphora	tortoise, Madagascar or angulated, angonoka
		Gopherus flavomarginatus	tortoise, Bolson or Mexican giant gopher
		Psammobates (Testudo) geometricus	tortoise, geometric
	Trionychidae	Lissemys punctata punctata	turtle, Indian flap-shell(ed) or flap-shell(ed) spotted
		Trionyx ater	turtle, black soft-shell(ed) or black mud or Cuatro Cienagas soft-shell(ed)
		Trionyx gangeticus	turtle, Ganges soft-shell(ed) or Indian soft-shell(ed)
		Trionyx hurum	turtle, peacock-marked soft shell(ed) or brown soft-shell(ed) or peacock soft-shell(ed)
		Trionyx nigricans	turtle, dark-coloured soft-shell(ed) or sacred black mud

PART III—POPULATIONS OF ANIMALS

Population of animals of the species Falco rusticolus (gyrfalcon) in Greenland or in areas outside North America

Population of animals of the species Moschus moschiferus in the Himalayas

Population of animals of the species Canis lupus (wolf) in Bhutan, India, Nepal or Pakistan

Population of animals of the species Felis caracal (lynx, desert, caracal) in Asia

Population of animals of the species Felis rubiginosa (cat, rusty spotted) in India

Population of animals of the species Ursus arctos (bear, brown or grizzly) in Italy

Population of animals of the genus Chinchilla in South America

Population of animals of the species Dugong dugon in areas outside Australia

Population of animals of the species Crocodylus porosus in areas outside Papua New Guinea

PART IV—PLANTS

Family	Genus, species or sub-species	Common name
Apocynaceae	Pachypodium namaquanum
Araceae	Alocasia sanderana
	Alocasia zebrina
Caclaceae	Ariocarpus agavoides	cactus, living rock
	Ariocarpus scapharostrus	cactus, living rock
	Aztekium ritteri	cactus, aztec
	Echinocereus lindsayi	cactus, Lindsay’s
	Obregonia denegrii	peyote or cactus, artichoke
	Peiecyphora aselliformis	cactus, hatchet
	Pelecyphora strobiliformis	cactus, pine cone
Caryocaraceae	Caryocar costaricense
Caryophyllaceae	Gymnocarpos przewalskii
	Metandrium mongolicus
	Silene mongolica
	Steltaria pulvinata
Cupressaceae	Fitzroya cupressoides	larch, Chilean false, alerce
	Pilgerodendron uviferum
Cycadaceae	Microcycas calocoma
Gentianaceae	Prepusa hookeriana	prepusa, scarlet flowered or white flowered
Humiriaceae	Vantanea barbourii	chiricana, ira

SCHEDULE 1—continued

Family	Genus, species or sub-species	Common name
Juglandaceae	Engelhardlia pterocarpa
Leguminosae	Ammopiptanthus mongolicum
	Cynometra hemitomophylla
	Platymiscium pleiostachyum	macawood, quira
	Tachigalia versicolor
Liliaceae	Aloe albida
	Aloe pillansii
	Aloe polyphylla	aloe, apiral
	Aloe thorncropftii
	Aloe vossii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola	musk-wood
Moraceae	Batocarpus costaricensis
Nepenthaceae	Nepenthes rajah	pitcher-plant, giant tropical
Orchidaceae	Cattleya skinneri	cattleya, skinner’s, white nun
	Cattleya trianae	orchid, Charistmas, winter cattleya
	Didiciea cunninghamii
	Laelia jongheana
	Laelia lobata
	Peristeria elata	orchid, dove or holy ghost, dove or holy ghost flower
	Renanthera imschootiana	vanda, red
	Vanda coerulea	vanda, blue
Pinaceae	Abies guatemalensis	fir, guatemalan, pinabete
	Abies nebrodensis
Podocarpaceae	Podocarpus costalis
	Podocarpus parlatorei	podocarp, Parlatore’s
Proteaceae	Orothamnus zeyheri	marsh-rose
	Protea odorata
Rubiaceae	Balmea stormae	ayugue
Sarraceniaceae	Sarracenia alabamensis alabamensis	pitcher-plant, Alabama canebrake
	Sarracenia jonesii	pitcher-plant, Jones’ or mountain sweet
	Sarracenia oreophila	pitcher-plant, green head, Hottentot’s
Saxifragaceae (Grossulariaceae)	Ribes sardoum
Stangeriaceae	Stageria eriopus
Ulmaceae	Celtis aetnensis	nettle-tree
Welwitschiaceae	Welwitschia bainesii
Zamiaceae	Encephalartos	trees, bread, bread-palms
Zingiberaceae	Hedychium philippinense	garland-flower, Philippine

—————

SCHEDULE 2 Sections 21, 22, 29 and 37

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

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 family Chloanthaceae in Australia

A plant (whether alive or dead), and timber from a plant, that is, or has been, part of the

population of plants of the species Araucaria araucana outside Chile

A plant (whether alive or dead), and the roots of a plant, of the species Panax quinquefolius

A plant (whether alive or dead), and the roots of a plant, of the species Saussurea lappa

A plant (whether alive or dead), and the trunk of a plant, of any species of the family Cyatheaceae

SCHEDULE 2—continued

A plant (whether alive or dead), and the trunk of a plant, of any species of the family Dicksoniaceae

A plant (whether alive or dead), and the roots of a plant, of the species Dioscorea deltoidea

A plant (whether alive or dead), and timber from a plant, of the species Quercus copeyensis

A plant (whether alive or dead), and timber from a plant, of the species Swietenia humilis

A plant (whether alive or dead), and timber from a plant, of the species Basiloxylon excelsum

A plant (whether alive or dead), and timber from a plant, of the species Guaiacum sanctum

PART II—ANIMALS

Division 1—Class Amphibia

Order	Family	Genus, species or sub-species	Common name
URODELA	Ambystomidae	Ambystoma dumerilii	salamander, Lake Patzcuaro, achoque
		Ambystoma lermaensis	salamander, Lake Lerma
		Ambystoma mexicanum	salamander, axolotl
	Bufonidae	Bufo retiformis	toad, sonoran green

Division 2—Class Anthozoa

Order	Family	Genus, species or sub-species	Common name
ANTIPATHARIA		(All species of ANTIPATHARIA)	corals, black, antipatharians

Division 3—Class Aves

Order	Family	Genus, species or sub-species	Common name
ANSERIFORMES	Anatidae	Anas aucklandica aucklandica	teal, Auckland Island flightless
		Anas aucklandica chlorotis	teal, New Zealand brown
		Anas bernieri	teal, Madagascar
		Anser albifrons gambelli	goose, tule white-fronted
		Branta ruficollis	goose, red-breasted
		Coscoroba coscoroba	coscoroba (swan)
		Cygnus bewickii jankowskii	swan, Jankowski’s or eastern Bewick’s
		Cygnus melanocoryphus	swan, black-necked
		Dendrocygna arborea	duck, Cuban tree or black-billed whistling
		Sarkidiornis melanotos	duck, comb or knob-billed
CHARADRIIFORMES	Laridae	Larus brunnicephalus	gull, brown-headed or Indian black-headed
	Scolopacidae	Numenius minutus	curlew, little or Siberian baby or pigmy
		Numenius tenuirosths	curlew, slender-billed or long-billed
CICONIIFORMES	Ciconiidae	Ciconia nigra	stork, black
	Phoenicopteridae	Phoenicoparrus andinus	flamingo, Andean
		Phoenicoparrus jamesi	flamingo, James’
		Phoenicopterus chilensis	flamingo, Chilean
		Phoenicopterus ruber ruber	flamingo, Caribbean or American or Cuban or rosy or West Indian
	Threskiornithidae	Geronticus calvus	ibis, (southern) bald
		Platalea leucorodia	spoonbill, white or Eurasian
COLUMBIFORMES	Columbidae	Gallicolumba luzonica	dove, bleeding heart, bleeding heart pigeon
		Goura cristata	pigeon, common crowned or blue crowned, great goura
		Goura scheepmakeri	pigeon, Scheepmarker’s crowned or maroon-breasted crowned, masked goura
		Goura victoria	pigeon, victoria crowned, Victoria goura
CORACIIFORMES	Bucerotidae	Aceros narcondami	hornbill, Narcondam
		(Sub-species of Buceros bicornis, other than Buceros bicornis homrai)	hornbill, great Indian or great pied
		Buceros hydrocorax hydrocorax	hornbill, Philippine or Luzon rufus
		Buceros rhinoceros rhinoceros	hornbill, Malayan rhinoceros

SCHEDULE 2—continued

Order	Family	Genus, species or sub-species	Common name
CUCULIFORMES	Musophagidae	Tauraco (Gallirex) porphyreolophus Tauraco corythaix	turaco, purple-crested or violet-crested turaco, knysna or helmeted
FALCONIFORMES	Accipitridae	(Species of Accipitridae, other than—
		(a) species specified in Part II of Schedule l; and
		(b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Accipitridae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
	Falconidae	(Species of Falconidae, other than—
		(a) species specified in Part II of Schedule 1; and
		(b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Falconidae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
	Pandionidae	(species of Pandionidae)
	Sagittariidae	(species of Sagittariidae)
GALLIFORMES	Megapodiidae	Megapodius freycinet abbotti	fowl, Abbott’s scrub, Abbott’s megapode
		Megapodius freycinet nicobariensis	fowl, Nicobar scrub, Nicobar megapode
	Phasianidae	Argusianus argus	pheasant, great argus
		Cyrtonyx montezumae moMezumae	quail, Massena harlequin or Montezuma
		Francolinus ochropectus	francolin, Tadjoura or pale-bellied
		Francolinus swierstrai	francolin, Swierstra’s
		Callus sonneratii	fowl, Sonnerat’s jungle or grey jungle
		Ithaginis cruentus	pheasant, blood
		Pavo muticus	peafowl, Green
		Polyplectron bicalcaratum	pheasant, grey peacock or common peacock or Burmese peacock
		Polyplectron germaini	pheasant, Germain’s peacock
		Polyplectron malacense	pheasant, Malay (sian) peacock
		Tetrao (Lyrurus) mlokosiewiczi	grouse, Caucasian black, Caucasian blackcock
GRUIFORMES	Gruidae	Balearica regulorum	crane, South African crowned
		Grus canadensis pralensis	crane, Florida sandhill
	Otididae	Otis tarda	bustard, great
	Rallidae	Gallirallus australis hectori	rail, eastern weka or New Zealand wood
	Turnicidae	Turnix melanogaster	button-quail, black breasted
PASSERIFORMES	Cotingidae	Rupicola peruviana	cock-of-the-rock, Andean or red or scarlet or Peruvian
		Rupicola rupicola	cock-of-the-rock, Guianan or orange or smaller or common
	Estrildidae	Emblema oculata	finch, red-eared firetail
		Poephila cincta cincla	finch, black-throated
	Fringillidae	Carduelis (spinus) yarrellii	siskin, yellow-faced
	Hirundinidae	Pseudochelidon sirintarae	martin, white-eyed river
	Muscicapidae	Nillava (Muscicapa) ruecki	flycatcher, Rueck’s blue
	Paradisaeidae	(all species of Paradisaeidae)	birds of paradise
	Pittidae	Pitta brachyura nympha	pitta, Japanese fairy or blue-winged
PELECANIFORMES	Pelicanidae	Petecanus crispus	pelican, Dalmation
PICIFORMES	Picidae	Picus squamatus flavirostris	woodpecker, western scaly or western scaly-bellied green
PSITTACIFORMES		(Species of PSITTACIFORMES, other than—

SCHEDULE 2—continued

Order	Family	Genus, species or sub-species	Common name
		(a) species specified in Part II of Schedule 1;
		(b) species a sub-species of which is specified in Part II of Schedule 1; and
		(c) Melopsillacus undulatus, Nymphicus hollandicus and Psittacula krameri) (Sub-species of species of PSITTACIFORMES a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
RHEIFORMES	Rheidae	Rhea americana albescens	rhea, Argentine (greater) or Argentine (common)
SPHENISCIFORMES STRIGIFORMES	Spheniscidae	Spheniscus demersus (Species of STRIGIFORMES, other than—	penguin, black-footed or jackass
		(a) species specified in Part II of Schedule 1; and
		(b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of STRIGIFORMES a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
TINAMIFORMES	Tinamidae	Rhynchotus rufescens maculicollis	tinamou, Bolivian rufous or Bolivian red-winged
		Rhynchotus rufescens pallescens	tinamou, Argentine rufous or Argentine red-winged
		Rhynchotus rufescens rufescens	tinamou, Brazilian rufous or Brazilian red-winged

Division 4—Class Insecta

Order	Family	Genus, species or sub-species	Common name
LEPIDOPTERA	Papilionidae	Ornithoptera (sensu D’Abrera)	butterflies, birdwing
		Parnassius apollo	butterfly, apollo, mountain apollo
		Trogonoptera (sensu D’Abrera)	butterflies, birdwing
		Troides (sensu D’Abrera)	butterflies, birdwing

Division 5—Class Mammalia

Order	Family	Genus, species or sub-species	Common name
ARTIODACTYLA	Antilocapridae	Antliocapra americana mexicana	pronghorn, Mexican
	Bovidae	Addax nasomaculatus	addax
		(Sub-species of Capra falconeri not specified in Part II of Schedule 1)	markhor
		Cephalophus monticola	duiker, blue (antelope)
		Damaliscus dorcas dorcas	bontebok (antelope)
		Hippotragus equinus	antelope, roan
		Kobus leche	lechwe (antelope)
		Oryx dammah (tao)	oryx, scimitar-horned or white
		(Sub-species of Ovis ammon not specified in Part II of Schedule 1)	sheep, Marco Polo, argali
		Ovis canadensis	sheep, bighorn or mountain
	Camelidae	Lama guanicoe	guanaco
	Cervidae	Cervus elaphus bactrianus	deer, Bactrian (red) or Bokharan, Bactrian wapiti
		(Species of Moschus, other than— (a) species specified in Part II or Part III of Schedule 1; and

SCHEDULE 2—continued

Order	Family	Genus, species or sub-species	Common name
		(b) species a sub-species of which is specified in Part II of Schedule 1)
		Pudu mephistophiles	pudu, northern
	Hippopotamidae	Choeropsis liberiensis	hippopotamus pygmy
CARNIVORA	Canidae	Chrysocyon brachyurus	wolf, maned
		Cuon alpinus	dog, Asiatic wild or Indian wild, dhole
		Dusicyon culpaeus	fox, Colpeo or red or culpeo
		Dusicyon fulvipes	fox, Chiloe
		Dusicyon griseus	fox, Argentine grey or little or chico grey, chilla
		Vulpes cana	fox, Blanford’s or Afghan or dog or steppe, corsac
	Felidae	(Species of Felidae other than—
		(a) species specified in Part II or Part III of Schedule 1;
		(b) species a sub-species of which is specified in Part II of Schedule 1;
		(c) Pamhera tigris; and
		(d) Felis catus
		(Sub-species of species of Felidae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified) (Panthera tigris altaica (also known as Panthera tigris amurensis))
	Mustelidae	Conepatus humboldti	skunk, Patagonian
		(Species of sub-family Lutrinae not specified in Part II of Schedule 1)	otters
	Procyonidae	Ailurus fulgens	panda, lesser or red, red cat-bear
	Ursidae	Ursus (Thalarctos) maritimus	bear, Polar
	Viverridae	Cryptoprocta ferox	fossa (cat)
		Cynogale bennetti	otter, civet
		Eupleres goudolii	mongoose, Malagasy or small-toothed, mongoose slender fanalouc
		Eupleres major	mongoose, great falanouc or great Malagasy or great small-toothed, taller fanalouc
		Fossa fossa	civet, Malagasy, fanaloka (civet)
		Hemigalus derbyanus	civet, banded palm, Hardwick’s civet banded musang
EDENTATA	Bradypodidae	Bradypus boliviensis	sloth, Bolivian three-toed
	Myrmecophagidae	Myrmecophaga tridactyla	anteater, giant
		Tamandua tetradactyla	anteater, mato gross collared, mato
		chapadensis	grosso tamandua
INSECTIVORA	Erinaceidac	Erinaceus frontalis	hedgehog, cape or southern African
LAGOMORPHA	Leporidae	Nesolagus nelscheri	rabbit, Sumatra (short-eared)
MARSUPIALIA	Burramyidae	Burramys parvus	possum, mountain pigmy-
	Macropodidae	Dendrolagus bennettianus	kangaroo, Bennett’s tree-
		Dendrolagus inustus	kangaroo, grizzled grey tree-
		Dendrolagus lumholtzi	kangaroo, Lumholtz’s tree-
		Dendrolagus ursinus	kangaroo, black tree-
	Phalangeridae	Phalanger maculatus	cuscus, common spotted
		Phalanger orientalis	cuscus, grey
MONOTREMATA	Tachyglossidae	(Species of Zaglossus indigenous to Papua New Guinea or Indonesia)	echidnas, New Guinea long-nosed or long snouted or anteaters, New Guinea long-nosed spiny or New Guinea egg-laying
PERISSODACTYLA	Equidae	(Sub-species of Equus hemionus not specified in Part II of Schedule 1)
		Equus zebra hartmannae	zebra, Hartmann’s mountain
	Tapiridae	Tapirus terrestris	tapir, Brazilian or South American
PHOLIDOTA	Manidac	Manis crassicaudata	pangolin, Indian
		Manis javanica	pangolin, Malayan
		Manis pentadaclyla	pangolin, Chinese

SCHEDULE 2—continued

Order	Family	Genus, species or sub-species	Common name
PINNIPEDIA	Olariidae	(Species of Arctocephalus not specified in Part II of Schedule 1)
	Phocidae	Mirounga angustirostris	seal, northern elephant
		Mirounga leonina	seal, southern elephant or South Atlantic elephant
PRIMATES		(Species of Primates, other than—
		(a) species specified in Part II of Schedule 1; and
		(b) species a sub-species of which is specified in Part II of Schedule 1)
		(Sub-species of species of Primates a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
PROBOSCIDEA	Elephantidae	Loxodonta africana	elephant, African
RODENTIA	Heteromyidae	Dipodomys phillipsii phillipsii	rat, Phillip’s kangaroo
	Muridae	Notomys	mice, Australian hopping—
		Pseudomys shortridgei	mouse, heath or Shortridge’s (false) or Shortridge’s native, blunt-faced rat
	Sciuridae	Lariscus hosei	squirrel, four striped ground
		Ratufa	squirrels, giant
SIRENIA	Trichechidae	Trichechus senegalensis	manatee, West African
TUBULIDENTATA	Orycteropodidae	Orycteropus afer	aardvark or ant bear

Division 6—Class Mollusca

Order	Family	Genus, species or sub-species	Common name
ANISOMYARIA	Mytilidae	Mytilus chorus
NAIADOIDA	Unionidae	Cyprogenia aberti	mussel, edible pearly, the edible naiad
		Epioblasma (Dysnomia) torulosa rangiana	mussel, tan-blossomed pearly, tan-blossom naiad
		Fusconaia subrolunda	mussel, long solid, long solid naiad
		Lampsilis brevicula	mussel, Ozark lamp pearly, Ozark lamp naiad
		Lexingtonia dolabelloides	mussel, slab sided naiad
		Pleurobema clava	mussel, club pearly, club naiad
PROSO-	Hydrobiidae	Coahuilix hubbsi	snail, Coahuiliz de Hubbs
BRANCHIA		Cochliopina milleri	snail, Miller’s
		Durangonella coahuilae	snail, Durangonello de Coahuila
		Mexipyrgus carranzae	snail, Mexipyrgus de Carranza
		Mexipyrgus churinceanus	snail, Mexipyrgus de Churince
		Mexipyrgus escobedae	snail, Mexipyrgus de Escobeda
		Mexipyrgus lugoi	snail, Mexipyrgus de Lugo
		Mexipyrgus mojarralis	snail, Mexipyrgus de West el Mojarral
		Mexipyrgus muttilineatus	snail, Mexipyrgus de East el Mojarral
		Mexithauma quadripaludium	snail, Mexithauma de Cienegas
		Nymphophilus minckleyi	snail, Numphophilusde Minckley
		Paludiscala caramba	snail, Paludiscala de Oro
STYLOMMATOPHORA	Camaenidae	Papustyla (Papuina) pulcherrima	snail, green tree or emerald green or Manus Island tree
	Paryphanlidae	(Species of Paryphanta indigenous to New Zealand)	snails, New Zealand amber

Division 7—Class Pisces

Order	Family	Genus, species or sub-species	Common name
ACIPENSERIFORMES	Acipenseridae	Acipenser fuhescens	sturgeon, lake
		Acipenser oxyrhynchus	sturgeon, Atlantic
		Acipenser sturio	sturgeon, common or Baltic
ATHERINIFORMES	Cyprinodontidae	Cynolebias constanciae	pearlfish, annual tropical killifish

SCHEDULE 2—continued

Order	Family	Genus, species or sub-species	Common name
		Cynolebias marmoratus	pearlfish, ginger, annual tropical killifish
		Cynolebias minimus	pearlfish, minute, annual tropical killifish
		Cynolebias opalescens	pearlfish, opalescent, annual tropical killifish
		Cynolebias splendens	pearlfish, splendid, annual tropical killifish
	Poeciliidae	Xiphophorus couchianus	platyfish, monterrey
CERATODIFORMES	Ceratodidae	Neoceratodus forsteri	lungfish, Australian or Queensland, ceratodus
COELACANTHIFORMES	Coelacanthidae	Latimeria chalumnae	coelacanth
CYPRINIFORMES	Cyprinidae	Caecobarbus geerlsi	fish, African blind barb, Congo blinds bard
		Plagopterus argenlissimus	woundfin
		Ptychocheilus lucius	squawfish, Colorado River or Colorado
OSTEOGLOSSIFORMES	Osteoglossidae	Arapaima gigas	arapaima, pirarucu
SALMONIFORMES	Salmonidae	Salmo chrysogaster	trout, Mexican golden
		Stenodus leucichthys leucichthys	beloribitsa

Division 8—Class Reptilia

Order	Family	Genus, species or sub-species	Common name
CROCODYLIA	Alligatoridae	(Species of Alligatoridae, other than—
		(a) species specified in Part II of Schedule l; and
		(b) species a sub-species of which is specified in Part II of Schedule 1)
		(Sub-species of species of Alligatoridae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
	Crocodylidae	(Species of Crocodylidae, other than—
		(a) species specified in Part II or III of Schedule 1; and
		(b) species a sub-species of which is specified in Part II of Schedule 1)
		(Sub-species of species of Crocodylidae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
SAURIA	Agamidae	Uromastyx	lizards, spiny-tailed or dabb or palm, mastigures, spiny-tailed agamids
	Chamaeleonidae	Chamaeleo	chamaeleons
	Cordylidae	Cordylus	lizards, girdled
		Pseudocordylus	lizards, crag
	Gekkonidae	Cyrtodactylus serpensinsula	gecko, Serpent Island
		Phelsuma	geckos, day
	Helodermatidae	Heloderma	lizards, poisonous or bearded gila monster
	Iguanidae	Amblyrhynchus cristatus	iguana, Galapagos marine
		Conolophus	iguanas, (Galapagos) land, land lizards
		Iguana	iguanas, (common)
		Phrynosoma coronatum	lizard, San Diego horned or
		blainvillei	Blainville horned
	Pygopodidae	Paradelma oriemalis	lizard, Queensland snake or Queensland flap-footed

SCHEDULE 2—continued

Order	Family	Genus, species or sub-species	Common name
	Teiidae	Cnemidophorus hyperythrus	whiptail, orange-throated (lizard), orange-throated racerunner
		Crocodilurus lacertinus	lizard, dragon, dragon lizardet
		Dracaena guianensis	lizard, caiman or four-foot caiman, armoured teyou croco-teju
		Tupinambis	lizards, tegu
	Varanidae	(Species of Varanus not specified in Part II of Schedule 1)
SERPENTES	Boidae	(Species of Boidae, other than—
		(a) species specified in Part II of Schedule l;and
		(b) species a sub-species of which is specified in Part II of Schedule 1)
		(Sub-species of species of Boidae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified)
	Colubridae	Cyclagras gigas	cobra, (South American) false or South American water or beach, surucucu
		Elachistodon westermanni	snake, Indian egg-eating or Westermann’s Indian egg-eater
		Pseudoboa cloelia	snake, mussurana musurana
		Thamnophis elegans hammondi	snake, two-striped garter
TESTUDINATA	Dermatemydidae	Dermatemys mawii	turtle, Central American river
	Emydidae	Clemmys muhlenbergi	turtle, bog or Mulhenberg’s
	Pelomedusidae	Podocnemis	turtle, river or sideneck
	Testudinidae	(Species of Testudidae not specified in Part II of Schedule 1)

PART III—POPULATIONS OF ANIMALS

Population of animals of the sub-species Cyrtonyx montezumae mearnsi outside the United States of America

Population of animals of the species Moschus moschiferus in areas outside the Himalayas

Population of animals of the species Canis lupus outside Bhutan, India, Nepal and Pakistan

Population of animals of the species Felis caracal in areas outside Asia

Population of animals of the species Felis rubiginosa in areas outside India

Population of animals of any sub-species of the species Ursus arctos (other than sub-species specified in Schedule 1) in North America

Population of animals of the species Dugong dugon in Australia

PART IV—PLANTS

Family	Genus, species or sub-species	Common name
Apocynaceae	(Species of Pachypodium not specified in Part IV of Schedule 1)	trunks; elephant’s, halfmen
Ascelpiadaceae	Ceropegia
	Frerea indica
Byblidaceae	Byblis	byblis, rainbow plants
Cactaceae	(Species of Cactaceae indigenous to the Americas) Rhipsalis	cacti; coral
Cephalotaceae	Cephalotus follicularis	pitcher-plant, Albany or Western Australian
Cycadaceae	(Species of Cycadaceae not specified in Part IV of Schedule 1)
Didiereaceae	(All species of Didiereaceae)
Euphorbiaceae	(Species of Euphorbia that are not succulent)
Haemodoraceae	Anigozartlhos	paws, kangaroo
	Macropidia fuliginosa	paw, black kangaroo
Leguminosae	Thermopsis mongolica
Liliaceae	(Species of Aloe not specified in Part IV of Schedule 1)
Myrtaceae	Verticordia	featherflowers or cauliflowers
Orchidaceae	(Species of Orchidaceae, other than—
	(a) species specified in Part IV of Schedule l; and

SCHEDULE 2—continued

Family	Genus, species or sub-species	Common name
	(b) species a sub-species of which is specified in Part IV of Schedule 1) (Sub-species of species of Orchidaceae a sub-species of which is specified in Part IV of Schedule 1, other than sub-species so specified)
Palmae	Areca ipot
	Chrysalidocarpus decipiens	palm, butterfly
	Chrysalidocarpus lutescens	palm, Madagascar
	Neodypsis decaryi
	Phoenix hanceana var philippinensis
	Zalacca clemensiana
Portulacaceae	Anacampseros	purselanes
Primulaceae	Cyclamen	cyclamens
Proteaceae	Banksia	banksias
	Conospermum	smokebushes, conosperma
	Dryandra formosa	dryandra, showy
	Dryandra polycephala	dryandra, many-headed
	Xylomelum	pears, woody or wooden
Rutaceae	Boronia	boronias
	Crowea	croweas
	Geleznowia verrucosa
Sarraceniaceae	Darlingtonia californica	pitcher-plant, California or western, cobra lily
Solanaceae	Solatium sylvestre
Stangcriaceae	(Species of Stangeriaceae not specified in Part IV of Schedule 1)
Thymelaeaceae	Pimelea physodes	bell, qualup, bluebeard, lignum-vitae, holy wood, tree of life
Verbenaceae	Caryopteris mongolica	bluebeard
Welwitschiaceae	(Species of Welwitschiaceae not specified in Part IV of Schedule 1)
Zamiaceae	(Species of Zamiaceae not specified in Part IV of Schedule 1)

——————

SCHEDULE 3 Sections 21, 22, 30 and 38

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

PART I—SPECIMENS

A specimen of a genus, species or sub-species specified, or described, in Part II

PART II—ANIMALS

All species of the Order CETACEA (whales, dolphins and porpoises)

—————

SCHEDULE 4 Section 23

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)

PART I—SPECIMENS

A specimen that is, or is derived from, a marine fish

A specimen that is, or is derived from, a fish of the species Lates calcarifer (barramundi)

A specimen that is, or is derived from, an invertebrate of a genus, species or sub-species specified in Part II

A seed or spore

Fruit (whether or not containing seeds or spores) not attached to any part of a plant

Timber, bark and wood chips

An article derived from timber

Oil distilled or otherwise extracted from a plant of the genus Eucalyptus

PART II

INVERTEBRATES

Phylum	Class	Order	Family (common name)	Genus, species or sub-species (common name)
MOLLUSCA	STREPTONEURA (PROSOBRANCHIA)		Haliotidae (abalone)	Notohaliotis ruber (blacklip)
				Schismotis laevigata (greenlip)
				Marinauris roei (Roe’s)
			Trochidae (top shells)	Trochus maximus Trochus nilotius
			Turbinidae (turban shells)	Turbo Subninella undulala (periwinkle)
			Littorinidae (periwinkles)
	PELECYPODA (LAMELLIBRANCHIATA)		Mytilidae (mussels)	Mytilus edulis planulatus (mussel)
			Pectinidae (scallops)	Amusium balloti (saucer)
				Mimachlamys asperrimus (doughboy)
				Equichlamys bifrons (queen)
				Pecten alba (Tasmanian, commercial)
				Pecten fumata
				Peclen meridionalis
				Pecteh modestus
			Ostreidae (oysters)	Crassostrea commercialis (Sydney or N.S.W. rock oyster)
				Crassostrea tuberculata (Western Rock oyster)
				Ostrea angasi (oyster)
			(Mother-of-pearl shells)	Pinctada margaritifera (blacklip mother-of-pearl) Pinctada maxima (silverlip) Pinctada sugillata (mother-of-pearl)
			Donacidae (pipis, cockles)	Plebidonax deltoides (pipi, surf clam)
				(All species of Katylesia) (cockle)
	CEPHALOPODA	Octopoda (octopus)	Octopodidae	Octopus letricus

SCHEDULE 4—continued

Phylum	Class	Order	Family (common name)	Genus, species or sub-species (common name)
		Decapoda (cuttlefish, squid)	Sepiidae	(All species of Sepia) (cuttlefish)
		Decapoda (cuttlefish, squid)		Sepioteuthis australis (southern calamari squid) Nototodarus gouldi (Gould’s squid)
				Todarodes filippovae
				Onnastrephes bartramii
				Syntletoieuthis luminosa
				Symplectoteuthis ovalaniensis
				Ornitholeuthis volatilis
				Loligo etheridgei
CRUSTACEA	NATANTIA (prawns)		Alphaeidae	ALPHAEIDAE (clicker, pistol, or musical prawns)
			Penaeidae	Hymenopenaeus sibogae (royal red prawn)
				Parapenaeopsis sculptilis (rainbow prawn)
				Metapenaeus dalli (western school prawn)
				Metapenaeus macleayi (school prawn) Metapenaeus endeavouri (endeavour prawn)
				Metapenaeus bennettae (greentail prawn, greasy-back)
				Metapenaeus eboracensis (York prawn)
				Penaeus longistylus (red spotted prawn)
				Penaeus plebejus (eastern king prawn)
				Penaeus semisulcatus (green tiger prawn, grooved tiger prawn)
				Penaeus esculentus (brown tiger prawn)
				Penaeus merguiensis (banana prawn)
				Penaeus latisulcatus (western king prawn)
	REPTANTIA (crayfish)		Austroastocidae	Panulirus penicillatus (tropical rock lobster)
				Panulirus longipes fermoristriga (tropical rock lobster)
				Panulirus ornatus (tropical rock lobster)
				Panulirus versicolor (tropical rock lobster)
				Panulirus polyphagus (tropical rock lobster)
				Panulirus homarus (tropical rock lobster)
				Panulirus longipes cygnus (western rock lobster)
				Panulirus longipes (painted cray)
				Jasus verreauxi (green rock lobster, eastern rock lobster)

SCHEDULE 4—continued

Phylum	Class	Order	Family (common name)	Genus, species or sub-species (common name)
				Jasus novaehollandiae ( = lalandei) (southern rock lobster—crayfish)
				Thenus orientalis (bay lobster) Ibacus incisus (flapjack or Balmain bug)
				Ibacus peronii (shovelnose lobster)
	BRACHYURA (crabs, yabbies, shrimp)		Portunidae (crabs)	Portunus pelagicus (sand crab, blue swimmer) Scylla serrata (mud crab)
				Ranina ranina (spanner or frog crab)
			Parastacidae	Cherax tenuimanus (marron)
			(yabbies, shrimp)	Eustacus armatus (Murray lobster—freshwater crayfish)
				Cherax destructor-albidus (yabbie)
				Macrobrachium rosenbergii (freshwater shrimp)
ANNELIDA	POLYCHAETA			Onuphis teres (beach worms)
ECHINODERMATA	ECHINOIDEA (sea urchins)		Strongylo-centrotidae	Heliocidarus (sea urchin)
	HOLOTHUROIDEA (sea cucumbers, beche-de-mer)			Stichopus variegatus (red prickly fish) Actinopyga obesa (red fish)
				Holothuria mammifera (black or teat fish)

——————

SCHEDULE 5 Section 22

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

PART I—LIVE SPECIMENS

A live animal of a genus, species or sub-species specified in Part II.

A live mule.

A live hinny.

A live animal, or a live plant, that is a biological control agent of a kind that was approved for general release under the Quarantine Act 1908 before the commencement of this Act.

PART II—ANIMALS

Division 1—Class Aves

Order	Family	Genus, species or sub-species	Common name
ANSERIFORMES	Anatidae	Anas platyrhynchos	duck
	Anseridae	Anser anser	goose
COLUMBIFORMES	Columbidae	Columba livia	pigeon
GALLIFORMES	Phasianidae	Corturnix corturnix	quail
		Gallus gallus	fowl
		Meleagris galloparo	turkey
		Phasianus calchicus	pheasant

SCHEDULE 5—continued

Division 2—Class Insecta

Order	Family	Genus, species or sub-species	Common name
HYMENOPTERA	Apidae	Apis mellifera mellifera	bee, apiary (honey)

Division 3—Class Mammalia

Order	Family	Genus, species or sub-species	Common name
ARTIODACTYLA	Bovidae	Bostaurus	cattle, domestic
		Bos indicus	ox, indian
		Copra hircus	goat, domestic
		Ovis aries	sheep, domestic
	Camelidae	Camelus dromedarius	camel
	Suidae	Sus scrofa	pig, domestic
CARNIVORA	Canidae	Canis familiaris	dog, domestic
	Felidae	Felis catus	cat, domestic
PERISSODACTYLA	Equidae	Equus asinus	donkey, (ass)
		Equus caballus	horse, domestic
RODENTIA	Caviidae	Cavia porcellus	guinea pig, domestic
	Muridae	Mus musculus	house mouse
		Rattus rattus	Black rat
		Rattus norvegicus	Brown rat

——————

SCHEDULE 6 Section 22

LIVE ANIMALS AND LIVE PLANTS THE IMPORT OF WHICH IS NOT PROHIBITED BY PARAGRAPH 22 (b) AND IN RELATION TO WHICH SECTION 9 APPLIES

PART I—LIVE SPECIMENS

A live fish of a genus, species or sub-species specified in Part II

A live male fish of the species Macropodus opercularis

A live plant the introduction of which into Australia is in accordance with the Quarantine Act 1908

PART II—FISH

Division 1—Freshwater Fish (Class Pisces)

Order	Family	Genus, species or sub-species	Common name
BELONIFORMES	Hemiramphidae	Dermogenys pusillus	beak, half
		Dianema urostriata	catfish, stripe tailed
		Epalzeorhynchus kalloplerus	fox, flying
		Epalzeorhynchus siamensis	fox, Siamese flying
		Abramites microcephalus	headstander
CYPRINIFORMES	Anostomidae	Anostomus	headstander
		Chilodus punctatus	headstander, spotted
		Leporinus arcus	leporinus, lipstick
		Leporinus fasciatus	leporinus, banded
		Leporinus frederici	leporinus, frederici’s
		Leporinus maculatus	leporinus, spotted
		Leporinus melanopleura	leporinus, spot tailed
		Leporinus multifasciaius	leporinus, multi-banded
		Leporinus striaius	leporinus, striped
	Aphyocharacinae	Aphyocharax rubripinnis	tetra, blood fins
	Callichthyidae	Corydoras	cat, armoured
	Characidae	Cheirodon axelrodi	tetra, cardinal
		Gymnocorymbus ternetzi	tetra, black widow

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
		Hemigrammus	tetra
		Hyphessobrycon	tetra
		Moenkhausia	tetra
		Paracheirodon (Hyphessobrycon) innesi	tetra, neon
		Pelvicachromis pulcher	kribensis
		Pelvicachromis subocellatus	kribensis
		Pelvicachromis taeniaius	kribensis
		Petitella georgiae	nose, false rummy
		Prionobrama filigera	bloodfin, glass
		Pristella riddlei	pristella
		Thayeria	tetra, hockeystick
	Cichlidae	Julidochromis	cichlid, dwarf
		Kryptopterus bicirrhis	catfish, glass
		Kryptopterus macrocephalus	catfish, poormans glass
	Cobitidae	Acanthophthalmus	loach, kuhlii
		Botia macracantha	loach, clown
		Botia sidthimunki	loach, dwarf
		Misgurnus anguillicaudatus	loach, weather
	Cyprinidae	Balantiocheilus melanopterus	shark, silver
		Barbodes everetti	barb, clown
		Barbodes fasciatus	barb, striped
		Barbodes hexazona	barb, tiger
		Barbodes lateristriga	barb, spanner
		Barbodes pentazona	barb, banded
		Brachydanio albolineatus	danio, pearl
		Brachydanio frankei	danio, leopard
		Brachydanio kerri	danio, kerr’s
		Brachydanio nigrofasciatus	danio, spotted
		Brachydanio rerio	danio, zebra
		Capoeta arulius	barb, longfin
		Capoeta oligotepis	barb, checker
		Capoeta partipentazona	barb, tiger
		Capoeta semifasciolatus	barb, golden
		Capoeta tetrazona	barb, tiger
		Capoeta titteya	barb, cherry
		Carassius auratus	goldfish
		Danio malabaricus	danio, giant
		Esomus danrica	barb, flying
		Esomus goddardi	barb, flying
		Esomus malayensis	barb, flying
		Labeo bicolor	shark, redtail
		Labeo erythrurus	shark, red fin
		Labeo frenatus	shark, rainbow
		Labeo variegatus	shark, variegated
		Laubuca laubuca	fish, Indian hatchet
		Morulius chrysophekadion	shark, black
		Puntius asoka	barb, asoka
		Puntius bimaculatus	barb, two spot
		Puntius conchonius	barb, rosy
		Puntius cumingi	barb, cummings
		Puntius filamentosus	barb, black spot
		Puntius nigrofasciatus	barb, ruby
		Puntius stoliczkai	barb, Stoliczka’s
		Puntius ticto	barb, ticto
		Puntius vittatus	barb, kooli
		Rasbora argyrotaenia	rasbora, silver
		Rasbora boraptensis	rasbora, red tail
		Rasbora caudimaculata	rasbora, red tail
		Rasbora dorsiocellata	rasbora, emerald eye
		Rasbora dusonensis	rasbora, yellow tail
		Rasbora einthoveni	rasbora, blue line
		Rasbora elegans	rasbora, two spot
		Rasbora hengelsii	rasbora, harlequin
		Rasbora heteromorpha	rasbora, harlequin
		Rasbora kalochroma	rasbora, clown
		Rasbora leptosoma	rasbora, copper striped
		Rasbora maculata	rasbora, dwarf spotted
		Rasbora pauciperforata	rasbora, red line
		Rasbora sarawakensis	rasbora, Sarawak
		Rasbora steineri	rasbora, gold line

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
		Rasbora taeniata	rasbora, blue line
		Rasbora trilineata	scissortail, black
		Rasbora vaterifloris	rasbora, flame
		Rhodeus amarus	bitterling
		Rhodeus sericeus	bitterling
		Tanichthys albonubes	white cloud
	Cyprinodontidae	Aphyosemion	fish, killie
		Aplocheilus	panchax
		Oryzias javanicus	medaka, Java
		Oryzias latipes	medaka
		Osteochilus hasselti	barb, bony lipped
		Osteochilus vittatus	barb, bony lipped
	Gasteropelecidae	Carnegiella	fish, hatchet
		Gasteropelecus	fish, hatchet
		Thoracocharax	fish, hatchet
	Gyrinocheilidae	Gyrinocheilus aymonieri	catfish, sucking—Asia
	Hemiodontidae	Nannostomus	fish, pencil
		Nematrobrycon	tetra, emperor
		Poecilobrycon	fish, pencil
	Homalopteridae	Homaloptera orthogoniata	fish, lizard—Indonesia
	Hydrocynidae	Alestes longipinnis	tetra, African
	Loricariidae	Farlowella acus	catfish, twig
		Gastromyzon myersi	sucker, dwarf stone
		Loricaria filamentosa	catfish, whiptail
		Otocinclus arnoldi	catfish, sucker
		Oxygaster oxygastroides	barb, glass
	Mochokidae	Synodontis nigriventris	cat, upsidedown
	Pimelodidae	Pimelodus ornatus	cat, pictus
	Poeciliidae	Poecilia latipinna	mollie, sailfin
		Poecilia reticulata	guppy
		Poecilia sphenops	mollie, black
		Poecilia velifera	mollie, sailfin
		Xiphophorus helleri	swordtail
		Xiphophorus maculatus	platy
		Xiphophorus variatus	platy, variegated
	Tetragon opterina	Anoptichthys jordani	fish, blind cave
MASTACEMBELIFORMES	Mastacembelidae	Macrognathus aculeatus	eel, spiny
MORMYRIFORMES	Mormyridae	Gnathonemus macrolepidotus	nose, elephant
		Gnathonemus petersi	nose, elephant
MUGILIFORMES	Atherinidae	Telmatherina ladigesi	rainbow, Celebes
	Hydrocynidae	Micralestes (Phenacogrammus) interruptus	tetra, congo
	Melanotaeniidae	Melanotaenia (Nematocentrus)	fish, rainbow
OSTEOGLOSIFORMES	Pantodontidae	Pantodon buchholzi	fish, butterfly
PERCIFORMES	Anabantidae	Betta	fish, fighting
		Colisa chuna	gourami, honey dwarf
		Colisa fasciata	gourami, “giant” dwarf
		Colisa labiosa	gourami, thick-lipped
		Colisa lalia	gourami, dwarf
		Helostoma rudolfi	gourami, pink kissing
		Helostoma temminckii	gourami, green kissing
		Macropodus opercularis	fish, paradise
		Megalamphodus megalopterus	tetra, black phantom
		Megalamphodus sweglesi	tetra, red phantom
		Sphaerichthys osphronemoides	gourami, chocolate
		Trichogaster leeri	gourami, pearl
		Trichogaster microlepis	gourami, moonbeam
		Trichogaster trichopterus	gourami, blue or opaline or golden
		Trichopsis (Ctenops) pumilus	gourami
		Trichopsis (Ctenops) vittatus	gourami
		Trinectes maculatus	flounder, freshwater
		Tropheus duboisi	cichlid, dwarf Tanganyikan
		Tropheus moorei	cichlid, dwarf Tanganyikan
	Centropomidae	Chanda ranga	perch let, glass
	Cichlidae	Aequidens curviceps	curviceps
		Aequidens maronii	keyhole
		Aequidens pulcher	acara, blue
		Apistogramma	cichlid, dwarf
		Astronotus ocellatus	oscar

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
		Geophagus jurupari	cichlid, earth eating
		Nannacara anomala	acara, golden dwarf
		Nannacara taenia	cichlid, dwarf lattice
		Papiliochromis (Apistogramma) ramirezzii	ram
		Pterophyllum	fish, angel
		Symphysodon	discus
	Gobiidae	Brachygobius	fish, bumble bee
	Monodactylidae	Monodactylus argenteus	mono
		Monodactylus sebae	mono, African
	Toxotidae	Toxotes jaculator	fish, archer
PLEURONECTIFORMES	Soleidae	Achirus fascialus	sole, freshwater
SILURIFORMES	Callichthyidae	Brochis coeruleus	catfish, blue

Division 2—Marine Fish (Class Pisces)

Order	Family	Genus, species or sub-species	Common name
	Acanthuridae	Acanthurus achilles	surgeonfish
		Acanthurus bleekeri	surgeon, striped
		Acanthurus dussumieri	surgeonfish
		Acanthurus gtaucopareius	surgeonfish
		Acanthurus guttatus	surgeon, mustard
		Acanthurus leucosternon	surgeonfish, blue
		Acanthurus lineatus	surgeon, clown
		Acanthurus nigricauda	surgeonfish
		Acanthurus olivaceus	surgeon, olive
		Acanthurus pyroferus	surgeon, chocolate
		Acanthurus sohal	surgeon, zebra
		Acanthurus triostegus	surgeon, convict
		Zebrasoma xanthurum	tang
		Ctenochaetus strigosus	tang
		Naso brevirostris	unicornfish
		Naso lituratus	unicornfish
		Paracanthurus hepatus	surgeon, blue
		Zanclus cornutus	idol, moorish
		Zebrasoma flavescens	tang
		Zebrasoma scopas	tang
		Zebrasoma veliferum	tang
	Antennariidae	Antennarius bigibbus	frogfish, fishing
		Antennarius chironectes	frogfish, fishing
		Antennarius coccineus	frogfish, fishing
		Antennarius hispidus	frogfish, fishing
		Antennarius nummifer	frogfish, fishing
		Antennarius phymatodes	frogfish, fishing
		Antennarius striatus	frogfish, fishing
		Histrio histrio	fish, sargassum
	Apogonidae	Apogon coccineus	fish, red cardinal
		Apogon exostigma	cardinalfish, one-lined
		Apogon fasciatus	cardinal fish
		Apogon fraenatus	cardinalfish
		Apogon leptacanthus	cardinalfish
		Apogon maculiferus	cardinalfish
		Apogon novaeguineaa	cardinalfish
		Apogon novemfasciatus	cardinalfish
		Apogon quadrifasciatus	cardinalfish
		Apogon sangiensis	cardinalfish
		Apogon taeniopterus	cardinalfish
		Cheilodipterus macrodon	cardinalfish
		Sphaeramia orbicularis	cardinalfish
	Balistidae	Abalistes stellaris	triggerfish, starry
		Alutera scripta	trigger, scribbled
		Balistapus undulatus	trigger, undulate
		Batistes vetula	trigger, queen
		Balistoides conspicillum	trigger, clown
		Balistoides viridescens	trigger, spotted
		Cantherhines pardalis	filefish
		Cantherhines pullus	filefish
		Cantherhines sandwichiensis	trigger, sandwich

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
		Melichthys indicus	trigger, brown
		Melichthys vidua	trigger, pink-tail
		Odonus niger	trigger, black
		Oxymonacanthus longirostris	filefish, long-nose
		Paraluteres prionurus	mimic, valentini
		Pervagor melanocephalus	filefish
		Pervagor spilosoma	filefish, fantail
		Pervagor tomentosus	filefish, red-tail
		Pseudobaiistes fuscus	trigger
		Rhinecanthus aculeatus	trigger
		Rhinecanthus rectangulus	trigger
		Rhinecanthus verrucosus	trigger
		Suffiamen bursa	triggerfish
		Xanthichthys mento	trigger, sargassum
	Blenniidae	Ecsenius bicolor	blenny, bicolor
		Ecsenius pulcher	blenny, rock
		Meiacanthus atrodorsalis	blenny, forktail
		Meiacanthus grammistes	blenny, striped
		Meiacanthus kamohari	blenny, forktail
		Meiacanthus mossambicus	blenny, sabre-toothed
		Petroscirtes breviceps	blenny, sabre-toothed
		Plagioiremus rhinorhynchus	blenny, sabre-toothed
		Ptagiotremus tapeinosoma	blenny, sabre-toothed
		Stanulus seychellensis	blenny, mottled
	Bothidae	Bothus mancus	flounder
	Branchiostegidae	Malacanthus latovittatus
	Callionymidae	Synchiropus splendidus	mandarinfish
	Carangidae	Alectis ciliahs	pennantfish
		Alectis indicus	mirrorfish
		Gnathanodon spectosus	trevally, golden
	Carapodidae	Carapus	pearlfish
	Centriscidae	Aeoliscus strigatus	razor-fish, shrimpfish
	Chaetodontidae	Chaetodon argentatus	butterfish, three band
		Chaetodon auriga	butterfish, threadfin
		Chaetodon baronessa	butterfish, baroness
		Chaetodon bennetti	butterfish, Bennett’s
		Chaetodon citrinellus	butterfish, speckled
		Chaetodon collare	butterfish, red-tailed
		Chaetodon decussatus	butterfish, black-finned
		Chaetodon ephippium	butterfish, saddled
		Chaetodon falcula	butterfish, sickle
		Chaetodon fremblii	butterfish, blue-striped
		Chaetodon kleinii	butterfish, Kleins
		Chaetodon leucopleura	butterfish, somali
		Chaetodon lineolatus	butterfish, lined
		Chaetodon lunula	butterfish, racoon
		Chaetodon melannotus	butterfish, black-backed
		Chaetodon mertensii	butterfish, Merten’s
		Chaetodon meyeri	butterfish, Meyer’s
		Chaetodon miliaris	butterfish, millet-seed
		Chaetodon multicinclus	butterfish, pebbled
		Chaetodon octofasciatus	butterfish, eight-banded
		Chaetodon ornatissimus	butterfish, ornate
		Chaetodon pelewensis	butterfish, dot-and-dash
		Chaetodon plebeius	butterfish, blue-spot
		Chaetodon punctatofasciatus	butterfish, spot-banded
		Chaetodon quadrimaculatus	butterfish, four-spot
		Chaetodon rafflesi	butterfish, latticed
		Chaetodon reticulatus	butterfish, reticulated
		Chaetodon semeion	butterfish, dotted
		Chaetodon speculum	butterfish, oval-spot
		Chaetodon tinkeri	butterfish, Tinker’s
		Chaetodon trifascialius	butterfish, chevroned
		Chaetodon trifasciatus	butterfish, red-fin
		Chaetodon unimaculatus	butterfish, teardrop
		Chaetodon vagabundus	butterfish, vagabond
		Chaetodon xanthurus	butterfish, chevron
		Chelmon rostratus	coralfish, beaked
		Coradion chrysozonus	coralfish, orange-banded
		Forcipiger flavissimus	butterfish, long-nosed
		Forcipiger longirostris	butterfish, long-nosed

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
		Hemitaurichthys polylepis	butterfish, pyramid
		Hemitaurichthys zoster	butterfish, pyramid
		Heniochus acuminatus	bannerfish
		Heniochus chrysostomus	bannerfish, pennant
		Heniochus monoceros	bannerfish, masked
		Heniochus singularius	bannerfish, singular
		Heniochus varius	bannerfish, humphead
		Parachaetodon ocellatus	coralfish, ocellate
	Cirrhitidae	Cirrhitichthys aprinus	hawkfish, blotched
		Cirrhitichthys oxycephalus	hawkfish
		Cyprinocirrhites polyactis	hawkfish
		Oxycirrhites typus	hawkfish, long-nose
		Paracirrhites arcatus	hawkfish
	Dactylopteridae	Dactyloptena macracanthus	gurnard, flying
	Dasyatidae	Taeniura lymna	ray, blue-spotted
	Diodontidae	Diodon holacanthus	fish, porcupine
		Diodon hystrix	fish, porcupine
	Echeneididae	Echeneis naucrates	suckerfish
	Ephippidae	Drepane punctata	catfish, spotted
		Platax batavianus	batfish
		Platax orbicularis	batfish
	Heterodontidae	Heterodontus japonicus	shark, Port Jackson
	Holocentridae	Adioryx diadema	squirrelfish
		Adioryx lacteoguttatus	squirrel fish
		Adioryx microstomus	squirrelfish
		Adioryx ruber	squirrelfish
		Adioryx spinifer	squirrelfish
		Adioryx tiere	squirrelfish
		Adioryx xantherythrus	squirrelfish
		Flammeo opercularis	squirrelfish
		Flammeo sammara	squirrelfish
		Holocentrus rufus	squirrelfish
		Myripristis jacobus	soldierfish
		Myripristis kuntee	soldierfish
		Myripristis murdjan	soldierfish
		Myripristis pralinius	soldierfish
		Myripristis violaceus	soldierfish
		Plectrypops lima	squirrelfish
	Grammatidae	Gramma loreto	basslet
	Grammistidae	Grammistes sexlineatus	soapfish
	Haemulidae	Plectorhynchus albovittatus	sweetlips, grunt
		Plectorhynchus chaetodonoides	sweetlips, grunt
		Plectorhynchus goldmani	sweetlips, grunt
		Plectorhynchus lineatus	sweetlips, grunt
		Plectorhynchus orientalis	sweetlips, grunt
		Platax pinnatus	batfish
		Platax teira	batfish
		Spilotichthys pictus	sweetlips
	Gobiidae (Oxudercidae)	Amblygobius phalaena	goby
		Eleotriodes sexguttatus	gudgeon, blue-cheeked
		Eleotriodes strigatus	gudgeon, golden-headed
		Gobiodon citrinus	goby, lemon
		Gobiodon histrio	goby, coral
		Lythrypnus dalli	goby, catalina
		Nemateleotris magnifica	gudgeon, fire
		Oxyurichthys	goby
		Ptereleotris microlepsis	gudgeon, blue
		Ptereleotris tricolor	scissortail
		Vanderhorstia ornatissima	goby
		Zonogobious semidoliatus	goby, regal
	Kuhliidae	Kuhlia taeniura	perch, flagtail
	Kyphosidae (Scorpidae)	Microcanthus strigatus	stripey
	Labridae	Anampses caeruleopunctatus	wrasse, chisel-tooth
		Anampses chrysocephalus	wrasse, chisel-tooth
		Anampses cuvier	wrasse, chisel-tooth
		Anampses twistii	wrasse, chisel-tooth
		Bodianus axillaris	pigfish
		Bodianus bilunulatus	pigfish
		Bodianus diana	pigfish

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
		Bodianus mesothorax	pigfish
		Cheilinus undulatus	wrasse, maori
		Cheilio inermis	rainbowfish
		Cirrhilabrus temminckii	rainbowfish, threadfin
		Coris aygula	labrid, clown
		Coris ballieui	malamalama
		Coris flavovittata	hilu
		Coris gaimard	wrasse, clown
		Coris variegala	wrasse, variegated
		Epibulus insidiator	telescopefish
		Gomphosus varius	wrasse, club-nosed
		Halichoeres biocellatus	wrasse, two-spot
		Halichoeres centriquadrus	wrasse, four-spot
		Halichoeres margaritaceus	wrasse, pearl-spot
		Halichoeres nebulosus	wrasse, clouded
		Halichoeres notopsis	wrasse, two-eyed
		Hemigymnus fasciatus	wrasse, five-banded
		Hemigymnus melapterus	wrasse, thick-lipped
		Hemipteronotus pentadactylus	wrasse, keel-headed
		Hemipteronotus taeniourus	wrasse, olive-scribbled
		Labrichthys unilineatus	wrasse
		Labroides dimidiatus	wrasse, cleaner, bridled beauty
		Labroides rubrolabiatus	wrasse, red-lipped
		Lienardella fasciata	wrasse, harlequin
		Macropharyngodon (pardalis) meleagris	wrasse, reticulated
		Pseudocheilinus evanidus	wrasse, scarlet
		Pseudocheilinus hexataenia	wrasse, six-lined
		Pseudocheilinus octolaenia	wrasse, eight-lined
		Pseudocheilinus tetrataenia	wrasse, four-lined
		Stethojulius bandanensis	rainbowfish
		Stethojulius strigiventer	rainbowfish
		Thalassoma amblycephalus	wrasse, rainbow
		Thalassoma ballieui	wrasse, rainbow
		Thalassoma lunare	wrasse, lyretail
		Thalassoma lutescens	wrasse, rainbow
		Weimorella	wrasse, arrowhead
	Lutjanidae	Lutjanus erythropterus	perch, malabar sea
		Lutjanus fulvus	perch, sea
		Lutjanus gibbus	paddle-tail
		Lutjanus kasmira	perch, sea
		Lutjanus sebae	emperor, red
		Macolor niger	perch, sea
		Symphorus nematophorus	chinaman-fish
	Monocentrididae	Monocentrus japonicus	pineapplefish
	Mugiloididae	Parapercis schauinslandi	grubfish
	Multidae	Mulloidichthys martinicus	goatfish
		Parupeneus cyclostomus	goatfish
		Parupeneus pleurostigma	goatfish
		Upeneus vittatus	goatfish
	Muraenidae	Echidna nebulosa	eel, starry
		Echidna zebra	eel, zebra
		Gymnothorax favagineus	eel, tesselated
		Gymnothorax meleagris	eel, moray
		Gymnothorax undulatus	eel, mottled reef
		Rhinomuraena (amboinensis) quaesita	eel, ribbon
	Nemipteridae	Scolopsis bilineatus	bream, monocle
	Ophidiidae	Dinematichthys	eels, cusk
	Ostraciidae	Lactoria cornuta	cowfish, long-horn
		Ostracion cubicus	boxfish, spotted
		Ostracton meleagris	boxfish, spotted
		Tetrasomus gibbosus	turret fish
	Oxudercidae	Perciphthalmus papillo	mudskipper
	Pempherididae	Pempheris oualensis	sweeper
	Pholidichthyidae	Pholidichthys leucotaenia	worm, convict
	Plesiopidae	Calloplesiops altivelis	comet
		Plesiops caeruleolineatus	longfin
	Plotosidae	Plotosus lineatus	eel, catfish
	Pomacanthidae	Apolemichthys arcuatus	angel fish, black-banded
		Apolemichthys trimaculatus	angelfish, three-spot

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
		Centropyge argi	angelfish
		Centropyge bicolor	angelfish, bicolor
		Centropyge bispinosus	angelfish, two-spined
		Centropyge eibli	angelfish, eibl’s
		Centropyge ferrugatus	angelfish, rusty
		Centropyge fisheri	angelfish, Fisher’s
		Centropyge flavissimus	angelfish, lemon-peel
		Centropyge heraldi	angelfish, Heralds
		Centropyge loriculus	angelfish, flame
		Centropyge nox	angelfish, midnight
		Centropyge potteri	angelfish, russet
		Centropyge tibicen	angelfish, keyhole
		Centropyge vroliki Chaetodontoplus chrysocephalus	angelfish, pearl-scaled
		Chaetodontoplus melanosoma	angelfish, black-velvet
		Chaetodontoplus mesoleucus	angelfish, vermiculated
		Euxiphipops navarchus	angelfish, blue-girdled
		Euxiphipops sexstriatus	angelfish, six-banded
		Euxiphipops xanthornetapon	angelfish, yellow-faced
		Genicanthus lamarck	angelfish, lamarck’s
		Genicanthus melanospilos	angelfish, black-pot
		Genicanthus semifasciatus	angelfish, half-banded
		Pomacanthus annularis	angelfish, blue-ringed
		Pomacanthus imperator	angelfish, emperor
		Pomacanthus semicirculatus	angelfish, semi-circle
		Pygoplites diacanthus	angelfish, regal
	Pomacentridae	Abudefduf saxatilis	sergeant major
		Abudefduf sexfasciatus	sergeant major
		Abudefduf sordidus	sergeant major
		Amblyglyphidodon curacao	demoiselle, staghorn
		Amblyglyphidodon leucogaster	damsel, white-belly
		Amphiprion chrysopterus	anemonefish, orange-fin
		Amphiprion ephippium	anemonefish
		Amphiprion percula	anemonefish, clown
		Amphiprion perideraion	anemonefish, pink
		Amphiprion polymnus	anemonefish, saddleback
		Amphiprion rubrocinctus	anemonefish, red
		Amphiprion sandaracinos	anemonefish, orange
		Chromis caerulea	chromis, blue-green
		Chromis margaritifer	chromis, bicolor
		Dascyllus albiseila	dascyllus, Hawaiian
		Dascyllus aruanus	humbug
		Dascyllus melanurus	footballer
		Dascyllus reticulatus	dascyllus, reticulated
		Dascyllus trimaculatus	dascyllus, three-spot
		Eupomacentrus leucostictus	beau gregory
		Glyphidodontops cyaneus	devil, blue
		Glyphidodontops glaucus	demoiselle, grey
		Glyphidodontops leucopomus	demoiselle, surge
		Glyphidodontops rex	demoiselle, king
		Paraglyphidodon nigroris	damsel, Behn’s
		Petroglyphidodon lacrymatus	damsel, jewel
		Plectroglyphidodon leucozonus	damsel, white-band
		Ptectroglyphidodon phoenixensis	damsel, phoenix
		Plectroglyphidon dickii	damsel, dick’s
		Pomacentrus amboinensis	damsel, ambon
		Pomacentrus coelestis	damsel, neon
		Pomacentrus melanochir	damsel
		Pomacentrus vaiuli	damsel, princess
		Premnas biaculeatus	anemonefish, spine-cheeked
	Priacanthidae	Priacanthus cruentatus	bullseye
	Pseudochromidae	Dampieria longipinnt’s	basslet
	Pseudogrammatidae	Pseudochromis paccagnellae Suttonia lineata	basslet,
	Scaridae	Bolbometopon (Scarus) bicolor	parrotfish
		Scarus frenatus	parrotfish
		Scarus ghobban	parrotfish
		Scarus jonesi	parrot fish
		Scarus psittacus	parrotfish
	Scatophagidae	Seatophagus argus	scat, spotted

SCHEDULE 6—continued

Order	Family	Genus, species or sub-species	Common name
	Scorpaenidae (Synanceinae)	Amblyapistus taenianotus	scorpionfish
		Dendrochirus brachyplerus	cod, butterfly
		Dendrochirus zebra	cod, butterfly
		Inimicus didactylus	stinger
		Paracentropogon longispinis	scorpionfish
		Pterois antennata	cod, butterfly, firefish
		Pterois radiala	cod, butterfly, firefish
		Pterois sphex	cod, butterfly, firefish
		Pterois volilans	cod, butterfly
		Scorpaenodes parvipinnis	scorpionfish
		Taenianatus triacunlhus	fish, sailfin leaf
	Serranidae	Anthias bimaculatus	perch, sea
		Anthias hutchii	perch, sea
		Anthias squamipinnis	perch, sea
		Anyperodon leucogrammicus	cod, rock
		Cephalopholis argus	cod, peacock rock
		Cephahphotis aurantius	cod, orange rock
		Cephalopholis boenack	cod, blue-lined rock
		Cephalopholis miniatus	trout, coral
		Cepholapholis urodelus	cod, flag-tailed rock
		Cromileptes altivelis	cod, humped-back rock
		Diploprion bifasciatum	perch, 2-banded
		Epinephelus caeruleopunctatus	cod, blue-spotted rock
		Epinephelus corallicola	cod, coral rock
		Epinephelus flavocaeruleus	cod, purple rock
		Epinephelus hexagonatus	cod, starry rock
		Epinephelus merra	cod, honeycomb rock
		Epinephelus tauvina	cod, greasy
		Epinephelus truncalus	cod, rock
		Mirolabrichthys dispar	perch, sea
		Mirolabrichthys evansi	perch, sea
		Mirolabrichthys tuka	perch, sea
		Plectropomus maculatus	trout, coral
		Promicrops lanceolatus	grouper, sea bass
		Variola louti	cod, lunar-tailed
	Siganidae	Lo vulpinus	rabbitfish
		Siganus canaliculatus	rabbitfish
		Siganus corallinus	rabbitfish
		Siganus javus	rabbitfish
		Siganus vermiculatus	rabbitfish
		Siganus virgatus	rabbitfish
	Syngnathidae	Dunckorocampus dactyliophorus	pipefish, banded
		Hippocampus hudsonius	seahorse
		Hippocampus kuda	seahorse, spotted
	Synodontidae	Synodus	fish, lizard
	Tetraodontidae	Arothron meleagris	puffer, white-spotted
		Arothron nigropunctatus	puffer, black-spotted
		Arothron reticulars	puffer, reticulated
		Canthigaster bennetti	puffer, sharp-nose
		Canthigaster coronata	puffer, sharp-nose
		Canthigaster jactator	puffer, sharp-nose
		Canthigaster solandri	puffer, sharp-nose
		Canthigaster valentini	puffer, sharp-nose

——————

SCHEDULE 7 Section 16

SPECIES OF NATIVE AUSTRALIAN ANIMALS ELIGIBLE TO BE TREATED AS HOUSEHOLD PETS

Order	Class	Family	Species
AVES	PSITTACIFORMES	Cacatuidae	Cacatua galerita (cockatoo, sulphur-crested)
			Cacatua roseicapilla (galah)
		Platycercidae	Melopsittacuss undulatus (budgerigar)

——————

SCHEDULE 8 Sub-seetion 4 (1)

(Definition of “Convention”)

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

Preamble

The Contracting States,

Recognizing that the wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come;

Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view;

Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora;

Recognizing, in addition, that international cooperation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade;

Convinced of the urgency of taking appropriate measures to this end;

Have agreed as follows:

Article I

Definitions

For the purpose of the present Convention, unless the context otherwise requires:

(a) “Species” means any species, subspecies, or geographically separate population thereof;

(b) “Specimen” means:

(i) any animal or plant, whether alive or dead;

(ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and

(iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;

(d) “Re-export” means export of any specimen that has previously been imported;

(e) “Introduction from the sea” means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;

(f) “Scientific Authority” means a national scientific authority designated in accordance with Article IX;

(g) “Management Authority” means a national management authority designated in accordance with Article IX;

(h) “Party” means a State for which the present Convention has entered into force.

SCHEDULE 8—continued

article II

Fundamental Principles

1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.

2. Appendix II shall include:

(a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and

(b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.

3. Appendix III shall include all species which any party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other parties in the control of trade.

4. The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention.

Article III

Regulation of Trade in Specimens of Species included in Appendix I

1. All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora;

(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and

(d) a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen.

3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;

(b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

(c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.

4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:

(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention;

(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and

(c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.

5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:

SCHEDULE 8—continued

(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;

(b) a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

(c) a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.

Article iv

Regulation of Trade in Specimens of Species included in Appendix II

1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and

(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment.

3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.

4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.

5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:

(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and

(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment.

6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and

(b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimise the risk of injury, damage to health or cruel treatment.

7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods.

Article v

Regulation of Trade in Specimens of Species included in Appendix III

1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

SCHEDULE 8—continued

(a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and

(b) a Management Authority of the state of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment.

3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.

4. In the case of re-export, a certificate granted by the Management Authority of the State of reexport that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.

Article VI

Permits and Certificates

1. Permits and certificates granted under the provisions of Articles III, IV and V shall be in accordance with the provisions of this Article.

2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.

3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.

4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.

5. A separate permit or certificate shall be required for each consignment of specimens.

6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen.

7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes “mark” means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible.

Article VII

Exemptions and Other Special Provisions Relating to Trade

1. The provisions of Articles III, IV and V shall not apply to the transit or trans-shipment of specimens through or in the territory of a Party while the specimens remain in Customs control.

2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.

3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:

(a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or

(b) in the case of specimens of species included in Appendix II:

(i) they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred:

(ii) they are being imported into the owner’s State of usual residence; and

(iii) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens;

unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.

SCHEDULE 8—continued

4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.

5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Articles III, IV or V.

6. The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority.

7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that:

(a) the exporter or importer registers full details of such specimens with that Management Authority;

(b) the specimens are in either of the categories specified in paragraphs 2 or 5 of this Article; and

(c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimise the risk of injury, damage to health or cruel treatment.

Article viii

Measures to be Taken by the Parties

1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures:

(a) to penalize trade in, or possession of, such specimens, or both; and

(b) to provide for the confiscation or return to the State of export of such specimens.

2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.

3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimise the risk of injury, damage to health or cruel treatment.

4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:

(a) the specimen shall be entrusted to a Management Authority of the State of confiscation;

(b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other places as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and

(c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place.

5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated.

6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:

(a) the names and addresses of exporters and importers; and

(b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question.

SCHEDULE 8—continued

7. Each Party shall prepare periodic reports on its implementation of the Present Convention and shall transmit to the Secretariat:

(a) an annual report containing a summary of the information specified in sub-paragraph (b) of paragraph 6 of this Article; and

(b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.

8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.

Article IX

Management and Scientific Authorities

1. Each Party shall designate for the purposes of the present Convention:

(a) one or more Management Authorities competent to grant permits or certificates on behalf of that party; and

(b) one or more Scientific Authorities.

2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depository Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat.

3. Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties.

4. Any Management Authority referred to in paragraph 2 of this Article shall if so requested by the Secretariat or the Management Authority of another Party, communicate to it impressions of stamps, seals or other devices used to authenticate permits or certificates.

article X

Trade with States not Party to the Convention

Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.

Article XI

Conference of the Parties

1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.

2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the parties.

3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:

(a) make such provisions as may be necessary to enable the Secretariat to carry out its duties;

(b) consider and adopt amendments to Appendices I and II in accordance with Article XV;

(c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;

(d) receive and consider any reports presented by the Secretariat or by any Party; and

(e) where appropriate, make recommendations for improving the effectiveness of the present Convention.

4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.

5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting.

6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.

7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be

SCHEDULE 8—continued

represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object:

(a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and

(b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote.

Article XII

The Secretariat

1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-government or non-governmental, international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora.

2. The Functions of the Secretariat shall be:

(a) to arrange for and service meetings of the Parties;

(b) to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention;

(c) to undertake scientific and technical studies in accordance with programs authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens;

(d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;

(e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;

(j) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices.

(g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;

(h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;

(f) to perform any other function as may be entrusted to it by the Parties.

Article XIII

International Measures

1. When the Secretariat in the light of information received is satisfied that any species included in Appendices I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned.

2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party.

3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate.

Article XIV

Effect on Domestic Legislation and International Conventions

1. The provisions of the present Convention shall in no way affect the right of Parties to adopt:

(a) stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II, and III, or the complete prohibition thereof; or

SCHEDULE 8—continued

(b) domestic measures restricting or prohibiting trade, taking, possession, or transport of species not included in Appendices I, II or III.

2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession, or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields.

3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external customs control and removing customs control between the parties thereto insofar as they relate to trade among the States members of that union or agreement.

4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement.

5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question.

6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

article XV

Amendments to Appendices I and II

1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties:

(a) Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of sub-paragraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting.

(b) Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes “Parties present and voting” means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

(c) Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties:

(a) Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph.

(b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter-governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible.

(c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.

SCHEDULE 8—continued

(d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraphs (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.

(e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible.

(f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub-paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

(g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub-paragraphs (h), (i) and (j) of this paragraph.

(h) The Secretariat shall notify the Parties that notification of objection has been received.

(i) Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of the notification under sub-paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.

(j) Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote.

(k) The Secretariat shall notify all Parties of the result of the vote.

(l) If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all parties except those which make a reservation in accordance with paragraph 3 of this Article.

3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or sub-paragraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the party shall be treated as a State not a party to the present Convention with respect to trade in the species concerned.

Article XVI

Appendix III and Amendments thereto

1. Any party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub-paragraph (b) of Article I.

2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned.

3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication.

4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any new interpretations as they are adopted.

article XVII

Amendment of the Convention

1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present

SCHEDULE 8—continued

and voting. For these purposes “Parties present and voting” means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting.

3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.

article XVIII

Resolution of Disputes

1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute.

2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at the Hague and the Parties submitting the dispute shall be bound by the arbitral decision.

article XIX

Signature

The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.

article XX

Ratification, Acceptance, Approval

The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government.

article XXI

Accession

The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.

Article XXII

Entry into Force

1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

article XXIII

Reservations

1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI.

2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to:

(a) any species included in Appendix I, II, or III; or

(b) any parts or derivatives specified in relation to a species included in Appendix III.

3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation.

SCHEDULE 8—continued

Article XXIV

Denunciation

Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.

Article XXV

Depositary

1. The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.

Done at Washington this third day of March, One Thousand Nine Hundred and Seventy-three.