WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- Updated as at 6 December 1995 (HISTACT2 CHAP 699 #DATE 06:12:1995)
*1* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 as
shown in this reprint comprises Act No. 149, 1982 amended as indicated in the
Tables below.
The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Declarations. (see Note 2)
Table of Acts
Act Date Date of Application,
Number of Assent commencement saving or
and year transitional
provisions
Wildlife Protection (Regulation of Exports and Imports) Act 1982
149, 1982 31 Dec 1982 1 May 1984 (see
Gazette 1984, No. S137)
Torres Strait Treaty (Miscellaneous Amendments) Act 1984
22, 1984 26 Apr 1984 15 Feb 1985 (see
s. 2 and Gazette 1985,
No. S38) -
Wildlife Protection (Regulation of Exports and Imports) Amendment Act
1986
120, 1986 2 Dec 1986 30 Apr 1987 (see
Gazette 1987, No. S68)
Ss. 27 (2) and
30 (2)
as amended by
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: 30 Apr 1987
(see Gazette 1987,
No. S68) (a) S. 5 (1)
Statutory Instruments (Tabling and Disallowance) Legislation Amendment
Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Wildlife Protection (Regulation of Exports and Imports) Amendment Act
1991
133, 1991 2 Sept 1991 2 Sept 1991 -
Arts, Sport, Environment and Territories Legislation Amendment Act 1992
21, 1992 10 Apr 1992 8 May 1992 -
Wildlife Protection (Regulation of Exports and Imports) Amendment Act
1995
121, 1995 2 Nov 1995 S. 3: (see (b) and Note 3)
Remainder: Royal Assent
Sch. 2 (item 8),
Sch. 3 (items
13-15), Sch. 7
(item 2), Sch. 14
(item 10) and
Sch. 19 (item 24)
(see (b) and
Note 3)
(a) The Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous
Provisions) Act 1987, subsection 2 (33) of which provides as follows:
"(33) The amendment of the Wildlife Protection (Regulation of
Exports and Imports) Amendment Act 1986 made by this Act shall be deemed to
have come into operation on the commencement of the first-mentioned Act."
(b) The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by the Wildlife Protection (Regulation of Exports and Imports)
Amendment Act 1986, section 2 of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
(See Note 3)
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
Provision affected How affected
S. 4 am. No. 120, 1986; No. 133, 1991
S. 8 am. No. 120, 1986; No. 133, 1991
S. 8A ad. No. 22, 1984
S. 9 am. No. 120, 1986; No. 99, 1988
Ss. 9A, 9B ad. No. 133, 1991
S. 10 am. No. 120, 1986; No. 133, 1991
S. 10A ad. No. 133, 1991
Ss. 11-13 am. No. 120, 1986
S. 16 am. No. 120, 1986; No. 133, 1991
S. 16A ad. No. 120, 1986
Ss. 18-20 am. No. 120, 1986
Ss. 21, 22 am. No. 133, 1991
Ss. 23-26 am. No. 120, 1986
S. 27 rs. No. 120, 1986
S. 28 am. No. 120, 1986
S. 29 am. No. 120, 1986; No. 133, 1991
S. 30 am. No. 120, 1986
S. 31 am. No. 120, 1986; No. 133, 1991
Ss. 32-36 am. No. 120, 1986
S. 37 am. No. 120, 1986; No. 133, 1991
S. 38 am. No. 120, 1986
Ss. 40-42 am. No. 120, 1986
S. 42A ad. No. 120, 1986; No. 133, 1991
S. 42B ad. No. 120, 1986
S. 43 am. No. 120, 1986
S. 43A ad. No. 120, 1986
S. 44 am. No. 120, 1986
S. 45 am. No. 120, 1986; No. 133, 1991
S. 46 am. No. 120, 1986
S. 49 am. No. 120, 1986
Ss. 52-55 am. No. 120, 1986
S. 56 am. No. 120, 1986 (as am. by No. 141, 1987)
S. 56A ad. No. 120, 1986
S. 57 am. No. 120, 1986
S. 61 am. No. 120, 1986
Ss. 62, 63 am. No. 120, 1986; No. 133, 1991
Ss. 64-69 am. No. 120, 1986
S. 69A ad. No. 120, 1986
Ss. 70, 71 am. No. 120, 1986
S. 71A ad. No. 120, 1986
Ss. 72, 73 am. No. 120, 1986
S. 75 am. No. 120, 1986; No. 21, 1992
S. 75A ad. No. 120, 1986
S. 76 am. No. 120, 1986; No. 133, 1991
S. 76A ad. No. 120, 1986
S. 80 am. No. 120, 1986; No. 133, 1991
#ADD 27:2:1996
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
5. Saving of other laws
6. Application of Act
7. Act to bind Crown
8. Act not to apply to certain specimens
8A. Act not to apply to certain specimens used by traditional
inhabitants
9. Variation of Schedules
9A. Register of persons concerned about management programs
9B. Views of concerned persons to be considered before making
declarations
10. Approved management programs
10A. Controlled specimens
11. Approved institutions
12. Approved zoological organizations
13. Inter zoological gardens transfer
14. Breeding in captivity
15. Artificial propagation
16. Export of household pets - native Australian animals
16A. Export of household pets - other animals
17. Designated Authority
18. Constitution of Designated Authority
19. Remuneration and allowances of Designated Authority
20. Acting Designated Authority
PART II - REGULATION OF EXPORT AND IMPORT OF SPECIMENS
Division 1 - Prohibition of certain exports and imports
21. Certain exports prohibited
22. Certain imports prohibited
Division 2 - Permits to export or to import specimens
23. Application for permit
24. Grant of permit
Division 3 - Requirements for permits to export specimens
25. Permits to export not to be granted if detrimental to
survival of kind of animals or plants
26. Permits to export not to be granted in respect of specimens
unlawfully btained etc.
27. Requirements for permits to export live animals and live
plants
28. Requirements for permits to export - Schedule 1
29. Requirements for permits to export - Schedule 2
30. Requirements for permits to export - Schedule 3
31. Requirements for permits to export - native Australian
animals and plants
32. Permits to re-export
Division 4 - Requirements for permits to import specimens
33. Permits to import not to be granted if detrimental to
survival of kind of animals or plants
34. Requirements for permits to import live animals and live
plants
35. Requirements for permits to import certain live animals and
live plants
36. Requirements for permits to import - Schedule 1
37. Requirements for permits to import - Schedule 2
38. Requirements for permits to import - Schedule 3
38A. (Not in operation - see Note 3)
Division 5 - Authorities to export or to import specimens
39. Application for authority
40. Register of scientific organizations
41. Authority to export or import scientific specimens
42. Authority to export or import artificially propagated plants
42A. Authority to export certain specimens
42B. Authority to import certain specimens
43. Authority to export or import for the purposes of travelling
circuses etc.
43A. Authority for Designated Authority to export or import
specimens
44. Authority to export or import in exceptional circumstances
Division 6 - Permits and Authorities
45. Permit or authority to be produced
46. Revocation etc. of permits and authorities
47. Conditions in respect of permits and authorities
47A. (Not in operation - see Note 3)
48. Compliance with conditions of permit or authority
49. Applications to Minister to vary operation of permits or
authorities
50. Conditions relating to imported animals
51. Conditions relating to imported plants
Division 6A (ss. 51A-51E) (Not in operation - see Note 3)
Division 7 - Miscellaneous
52. Matters published in Gazette
53. Possession of illegally imported specimens
53A, 53B. (Not in operation see Note 3)
54. Specimens in personal effects of visitors to Australia
55. Specimens in personal effects of intending residents of
Australia
56. Specimens in personal effects of residents of Australia
56A. Release of surrendered specimens
57. Uncertainty regarding specimen
Part IIA (ss. 57A-57Z, 57ZA-57ZQ) (Not in operation - see Note 3)
PART III - ADMINISTRATION
Heading to Division 1 (Not in operation - see Note 3)
58. Appointment of inspectors
59. Inspectors ex officio
60. Arrangements for State and Territory officers to be
inspectors
61. Identity cards
Heading to Division 2 (Not in operation - see Note 3)
62. Boarding of vessels etc. by inspectors
63. Access to premises
64. Functions of inspectors
Division 3 (ss. 64A-64P) (Not in operation - see Note 3)
Division 4 (ss. 64Q, 64R) (Not in operation - see Note 3)
65. Powers of arrest of inspectors
Heading to Division 5 (Not in operation - see Note 3)
Ss. 65A-65C (Not in operation - see Note 3)
Division 6 (ss. 65D-65L) (Not in operation - see Note 3)
66. Persons to assist inspectors
Heading to Division 7 (Not in operation - see Note 3)
67. Power to search baggage etc.
68. Obstruction of inspectors
Heading to Division 8 (Not in operation - see Note 3)
69. Seizure and forfeiture of specimens
Heading to Division 9 (Not in operation - see Note 3)
69A. Separation of certain articles
Heading to Division 10 (ss. 69B-69W) (Not in operation - see Note 3)
70. Disposal of certain live animals and plants seized
71. Seizure and forfeiture of goods involved in offences
71A. Rescuing goods
Heading to PART IV (Not in operation - see Note 3)
72. False statements
73. Indictable offences
74. Evidence
75. Evidence of examiner
75A. Protection of witness
76. Delegation by Minister
76A. Delegation by Designated Authority
77. Arrangements by Minister
78. Co-operation with States and Territories
79. Fees
80. Review on decisions
81. Regulations
82. Customs (Endangered Species) Regulations
SCHEDULE 1
Specimens the export or import of which, otherwise than in
accordance with a permit or an authority, is
prohibited, and in relation to which sections 28 and 36 apply
SCHEDULE 2
Specimens the export or import of which,
otherwise than in accordance with a permit or an authority, is
prohibited, and in relation to which sections 29 and 37 apply
SCHEDULE 2A
(Not in operation - see Note 3)
SCHEDULE 3
Specimens the export or import of which,
otherwise than in accordance with a permit or an authority, is
prohibited, and in relation to which sections 30 and 38 apply
SCHEDULE 4
Specimens that are, or are derived from,
native Australian animals or native Australian plants and the
export of which is not prohibited by paragraph 21 (b)
SCHEDULE 5
Live animals and live plants the import of
which is not prohibited by paragraph 22 (b) and in relation to
which section 9 does not apply
SCHEDULE 6
Live animals and live plants the import of
which is not prohibited by paragraph 22 (b) and in relation to
which section 9 applies
SCHEDULE 7
Species of native Australian animals
eligible to be treated as household pets
SCHEDULE 8
Convention on International Trade in
Endangered Species of Wild Fauna and Flora
SCHEDULE 9
(Not in operation see Note 3)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - LONG TITLE
SECT
An Act to further the protection and conservation of wildlife by
regulating the export and import of certain animals, plants and
goods, and for related purposes*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - PART I
PART I - PRELIMINARY
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 1
Short title
SECT
1. This Act may be cited as the Wildlife Protection (Regulation of Exports
and Imports) Act 1982.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 3
Object of Act
SECT
3.*3* The object of this Act is to comply with the obligations of Australia
under the Convention and otherwise to further the protection and conservation
of the wild fauna and flora of Australia and of other countries by:
(a) regulating the export of specimens that are, or are derived from, native
Australian animals or native Australian plants;
(b) regulating the export and import of specimens that are, or are derived
from, animals, or plants, of a kind that are threatened with extinction;
(c) regulating the export and import of specimens that are, or are derived
from, animals, or plants, of a kind that might become threatened with
extinction if international trade in such specimens were not regulated;
(d) regulating the export and import of specimens that are, or are derived
from, animals, or plants, of a kind that require, or might require, special
protection by way of the regulation of international trade in such specimens;
(e) regulating the import of animals and plants of a kind the establishment
of which in Australia or an external Territory could have an adverse effect
(otherwise than by reason of a disease) on, or on the habitats of, native
Australian animals or native Australian plants;
(f) regulating the export of specimens that are difficult to distinguish
from specimens referred to in paragraph (a), (b), (c) or (d); and
(g) regulating the import of specimens that are difficult to distinguish
from specimens referred to in paragraph (b), (c), (d) or (e).
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 4
Interpretation
SECT
4.*3* (1) In this Act, unless the contrary intention appears:
"animal" means any member, alive or dead, of the animal kingdom (other than
man);
"animal reproductive material" means:
(a) an embryo, an egg or sperm of an animal; or
(b) any other part, or product, of an animal from which another animal could
be produced;
"animal specimen" means:
(a) an animal;
(b) animal reproductive material;
(c) the skin, feathers, horns, shell or any other part of an animal; or
(d) any article wholly produced by or from, or otherwise wholly derived
from, a single animal;
"approved institution" means an organization declared by a declaration in
force under section 11 to be an approved institution in relation to a class,
or classes, of specimens;
"approved management program" means a management program declared by a
declaration in force under section 10 to be an approved management program;
"approved zoological organization" means a zoological organization declared
by a declaration in force under section 12 to be an approved zoological
organization in relation to a class, or classes, of specimens;
"article" includes a substance or a mixture of substances;
"artificially propagated", in relation to a plant or plant reproductive
material, has the meaning given by section 15;
"authority" means an authority to export or to import a specimen given under
section 41, 42, 43 or 44;
"bred in captivity", in relation to an animal or animal reproductive
material, has the meaning given by section 14;
"care", in relation to an animal or a plant, includes, where appropriate,
the provision of suitable housing for the animal or plant;
"coastal sea":
(a) in relation to Australia, means:
(i) the territorial sea of Australia; and
(ii) the sea on the landward side of the territorial sea of
Australia; and
(b) in relation to an external Territory, means:
(i) the Territorial sea of that Territory; and
(ii) the sea on the landward side of the territorial sea of that
Territory;
"continental shelf", in relation to Australia or to an external Territory,
has the same meaning as it has for the purposes of the Seas and Submerged
Lands Act 1973;
"controlled specimen" means a specimen that is a controlled specimen because
of a declaration in force under section 10A;
"Convention" means the Convention on International Trade in Endangered
Species of Wild Fauna and Flora done at Washington in the United States of
America on 3 March 1973 (a copy of the version of which in the English
language, apart from the Appendices to it, is set out in Schedule 8);
"Designated Authority" means the Designated Authority established by section
17;
"Director" means the Director of National Parks and Wildlife appointed under
the National Parks and Wildlife Conservation Act 1975;
"disease" means:
(a) a disease, parasite or pest that, for the purposes of the Quarantine Act
1908, is a disease in relation to animals; or
(b) a disease, pest or plant that, for the purposes of that Act, is a
disease in relation to plants;
"export" means export from Australia or from an external Territory, but does
not include:
(a) export from Australia to a prescribed Territory;
(b) export from a prescribed Territory to Australia; and
(c) export from a prescribed Territory to the other prescribed Territory;
"fish" means any animal that is a member of the class Pisces or of the class
Agnatha, and includes a shark, a skate and a ray;
"holder" means:
(a) in relation to a permit - the person who has been granted that permit;
or
(b) in relation to an authority - the person who has been given that
authority;
"import" means import (including import by way of introduction from the sea)
into Australia or into an external Territory, but does not include:
(a) import into Australia from a prescribed Territory;
(b) import into a prescribed Territory from Australia; and
(c) import into a prescribed Territory from the other prescribed Territory;
"inspector" means:
(a) a person appointed as an inspector under section 58;
(b) a person who is an inspector by virtue of section 59; or
(c) a person who is an inspector by virtue of an arrangement entered into
under subsection 60 (1), (2) or (3);
"inter zoological gardens transfer" has the meaning given by section 13;
"live animal" includes animal reproductive material;
"live plant" includes plant reproductive material;
"management program" means a program for the protection, conservation or
management of animals or of plants, or of both;
"marine environment" means the sea, and includes:
(a) the air space above the sea; and
(b) the sea-bed and subsoil beneath the sea;
"native Australian animal" means:
(a) an animal of a species that is indigenous to Australia or to an external
Territory;
(b) an animal of a species that is indigenous to the coastal sea of
Australia or of an external Territory or to the sea-bed or subsoil beneath
that sea;
(c) an animal of a species that is indigenous to the continental shelf of
Australia or of an external Territory or to the superjacent waters;
(d) a migratory animal of a species that periodically or occasionally visits
Australia or an external Territory, the coastal sea of Australia or of an
external Territory, or the sea over the continental shelf of Australia or of
an external Territory; or
(e) an animal of a species that is not indigenous to Australia but was
present in Australia before the year 1788;
"native Australian plant" means:
(a) a plant of a species that is indigenous to Australia or to an external
Territory;
(b) a plant of a species that is indigenous to the coastal sea of Australia
or of an external Territory or to the sea-bed or subsoil beneath that sea;
(c) a plant of a species that is indigenous to the continental shelf of
Australia or of an external Territory or to the superjacent waters; or
(d) a plant of a species that is not indigenous to Australia but was present
in Australia before the year 1788;
"offence against this Act" includes:
(a) an offence against section 6, 7 or 7A of the Crimes Act 1914 in
relation to this Act; and
(b) an offence against subsection 86 (1) of the Crimes Act 1914 by virtue
of paragraph (a) of that subsection, being an offence in relation to an
offence against this Act;
"officer of Customs" has the same meaning as it has in the Customs Act
1901;
"permit" means a permit to export or to import a specimen granted under
section 24;
"plant" means a member, alive or dead, of the plant kingdom;
"plant reproductive material" means:
(a) a seed or spore of a plant;
(b) a cutting from a plant; or
(c) any other part, or product, of a plant from which another plant can be
produced;
"plant specimen" means:
(a) a plant;
(b) plant reproductive material;
(c) any part of a plant; or
(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; or
(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) In any other provision of this Act, other than subsection 69A (1),
references to a specimen shall be read as including references to an article
that consists of, or is derived from:
(a) a specimen and material other than a specimen;
(b) 2 or more specimens; or
(c) 2 or more specimens and material other than a specimen.
(2A) Where an article consists of, or is derived from 2 or more specimens,
either with or without any material other than a specimen, then this Act
applies to and in relation to that article separately in so far as it consists
of, or is derived from, each of those specimens.
(3) A reference in this Act to a country shall be read as including a
reference to a place that is a territory, dependency or colony (however
described) of another country.
(4) For the purposes of this Act, a specimen shall be taken to have been
imported into Australia or into an external Territory by way of introduction
from the sea if, and only if, the specimen was taken in the marine environment
not under the jurisdiction of any country and then imported into Australia or
the external Territory, as the case may be, without having been imported into
any other country.
(5) For the purposes of this Act:
(a) where a live animal (other than animal reproductive material) that was
bred in captivity dies, the dead animal and specimens derived from the dead
animal shall be taken to be specimens derived from that live animal; and
(b) where a live plant (other than plant reproductive material) that was
artificially propagated dies, the dead plant and specimens derived from the
dead plant shall be taken to be specimens derived from that live plant.
(6) A reference in this Act to a member of the Australian Federal Police or
to a member of a police force shall be read as including a reference to a
special member of the Australian Federal Police.
(7) Except so far as the contrary intention appears, an expression that is
used in this Act without being defined in, or having a particular meaning
assigned to it by, this Act and is used in the Convention (whether or not it
is defined in, or a particular meaning is assigned to it by, the Convention)
has, in this Act, the same meaning as it has in the Convention.
(8) For the purposes of this Act, the doing of any thing to, or with, a live
animal or a live plant (including killing the animal or plant or doing, or
failing to do, any thing in relation to the housing of the animal or plant)
for the purposes of scientific research shall not be taken to be failure to
provide suitable care for the animal or plant.
(9) For the purposes of this Act, where the common name of a kind of animal
or plant is set out in a Schedule next to or under a taxon, that common name
does not affect the meaning of that taxon.
(10) For the purposes of this Act, a genus, species or sub-species referred
to in a description set out in a Part of a Schedule shall not be taken to be
specified in that Part.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 5
Saving of other laws
SECT
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 subsection (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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 6
Application of Act
SECT
6. This Act applies both within and outside Australia and extends to every
external Territory.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 7
Act to bind Crown
SECT
7. This Act binds the Crown in right of the Commonwealth, of each of the
States, of the Northern Territory and of Norfolk Island.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 8
Act not to apply to certain specimens
SECT
8. (1) For the purposes of this Act, where a specimen is brought into
Australia from a country (other than a prescribed Territory):
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft's stores or ship's stores;
that specimen:
(c) shall be taken not to have been imported into Australia; and
(d) when it leaves Australia, shall be taken not to be exported from
Australia.
(2) For the purposes of this Act, where a specimen is brought into an
external Territory (other than a prescribed Territory):
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft's stores or ship's stores;
that specimen:
(c) shall be taken not to have been imported into that Territory; and
(d) when it leaves that Territory, shall be taken not to be exported from
that Territory.
(3) For the purposes of this Act, where a prescribed organization sends a
specimen out of, or brings a specimen into, Australia or an external Territory
for the purpose of using the specimen in a diagnostic test that is to be
carried out in an endeavour to identify a disease of humans, animals or
plants, that specimen shall be taken not to have been exported or imported, as
the case may be.
(4) For the purposes of this Act, where:
(a) a prescribed person or a prescribed organization is satisfied that, in
order to meet an emergency involving danger to the life or health of a human
or an animal, it is necessary or desirable that a specimen that could be used
in treating that person or animal should be sent out of, or brought into,
Australia or an external Territory; and
(b) that specimen is sent out of, or brought into, Australia or that
Territory, as the case requires, to meet that emergency;
that specimen shall be taken not to have been exported or imported, as the
case may be.
(5) Subject to subsections (1), (2), (3) and (4), 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 imports a
specimen that is subject to quarantine, then, for the purposes of this Act,
that specimen shall be deemed to have been imported by:
(a) where a person holds a permit or an authority to import that specimen -
the holder of that permit or authority; or
(b) in any other case - a person whose identity is not known;
but this subsection shall not affect the commission of any offence committed
before the importation of that specimen.
(5A) For the purposes of subsection (1), a specimen is to be taken to be
brought into Australia for the purpose of transhipment to another country if,
and only if:
(a) the specimen is brought into Australia in the course of being
transported to an identified person in the other country; and
(b) any delay in its leaving Australia will be due solely to the
arrangements for its transport; and
(c) it will be under the control of the Customs all the time that it is in
Australia.
(5B) For the purposes of subsection (2), a specimen is to be taken to be
brought into an external Territory for the purpose of transhipment to another
country if, and only if:
(a) the specimen is brought into that Territory in the course of being
transported to an identified person in the other country; and
(b) any delay in its leaving that Territory will be due solely to the
arrangements for its transport; and
(c) it will be under the control of an inspector all the time that it is in
that Territory.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 8A
Act not to apply to certain specimens used by traditional inhabitants
SECT
8A. (1) In this section:
"area in the vicinity of the Protected Zone" means an area in respect of
which a notice is in force under subsection (2);
"Australian place" means a place in Australia that is in the Protected Zone
or in an area in the vicinity of the Protected Zone;
"Papua New Guinea place" means a place in Papua New Guinea that is in the
Protected Zone or in an area in the vicinity of the Protected Zone;
"prescribed specimen" means a specimen of a kind specified in a notice in
force under subsection (3);
"Protected Zone" means the zone established under Article 10 of the Torres
Strait Treaty, being the area bounded by the line described in Annex 9 to that
treaty;
"Torres Strait Treaty" means the Treaty between Australia the Independent
State of Papua New Guinea that was signed at Sydney on 18 December 1978;
"traditional activities" has the same meaning as in the Torres Strait
Treaty;
"traditional inhabitants" has the same meaning as in the Torres Strait
Fisheries Act 1984.
(2) The Minister may, by notice published in the Gazette, declare an area
adjacent to the Protected Zone to be an area in the vicinity of the Protected
Zone for the purposes of this section.
(3) The Minister may, by notice published in the Gazette, declare that a
specimen of a kind specified in the notice is a prescribed specimen for the
purposes of this section.
(4) For the purposes of this Act, where a prescribed specimen that is owned
by, or is under the control of, a traditional inhabitant and that has been
used, is being used or is intended to be used by him in connection with the
performance of traditional activities in the Protected Zone or in an area in
the vicinity of the Protected Zone, is:
(a) brought to an Australian place from a Papua New Guinea place; or
(b) taken from an Australian place to a Papua New Guinea place;
then, subject to subsection (5), that specimen:
(c) in the case where the specimen is brought into Australia as mentioned in
paragraph (a) - shall be taken not to have been imported into Australia; and
(d) in the case where the specimen is taken from Australia as mentioned in
paragraph (b) - shall be taken not to have been exported from Australia.
(5) Where:
(a) a prescribed specimen that has been brought into Australia is, under
subsection (4), taken not to have been imported into Australia; and
(b) that prescribed specimen is brought to a place in Australia that is not
in the Protected Zone or in an area in the vicinity of the Protected Zone;
the prescribed specimen shall be taken to have been imported into Australia
upon being brought to the place referred to in paragraph (b).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 9
Variation of Schedules
SECT
9.*2* and *3* (1) The Minister may, by instrument under the Minister's 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)), 48A, 48B, 49 and 50 of the
Acts Interpretation Act 1901 apply in relation to declarations under
subsection (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 subsection (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
subsection (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.
*2* S. 9 (1) - The Schedules 1, 2, 4, 6 and 7 were amended by declarations
under subsection 9 (1) of the Wildlife Protection (Regulation of Export and
Imports) Act 1982, by the Minister of State for the Arts, Sport, the
Environment and Territories. The updated Schedules 1, 2, 4, 6 and 7, which
are not incorporated in this reprint, provides as follows:
SCHEDULE 1 Sections 21, 22, 28
and 36
SPECIMENS THE EXPORT OR IMPORT OF WHICH, OTHERWISE THAN IN
ACCORDANCE WITH A PERMIT OR AN AUTHORITY, IS PROHIBITED,
AND IN RELATION TO WHICH SECTIONS 28 AND 36 APPLY
PART I - SPECIMENS
A specimen, other than faeces, that is, or is derived from, an animal of a
genus, species or sub-species specified, or described, in Part ll. A specimen,
other than faeces, that is, or is derived from, an animal that is, or has
been, part of a population specified in Part lll. 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
tissue culture or flasked seedling culture, that is, or is derived from, a
plant of the family Orchidaceae specified in Part lV. 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) skinneri (white nun
orchid).
PART II - ANIMALS
Order
Family
Genus
species
or sub-species
Division 1 - Class Amphibia
ANURA
Hylidae
Litoria longirostris
Litoria spenceri
Microhylidae
Cophixalus concinnus
Cophixalus saxatilis
Dyscophus antongilii
Myobatrachidae
Arenophryne rotunda
Philoria frosti
Rheobatrachus silus
Rheobatrachus vitellinus
Taudactylus acutirostris
Taudactylus diurnus
Taudactylus eungellensis
Bufonidae
Atelopus varius zeteki
Bufo superciliaris
Nectophrynoides spp
CAUDATA
Cryptobranchidae
Andrias (Megalobatrachus) spp
Division 2 - Class Aves
ANSERIFORMES
Anatidae
Anas aucklandica nesiotis
Anas laysanensis
(Anas platyrhynchos laysanensis)
Anas oustaleti
Branta canadensis leucopareia
Branta sandvicensis
Cairina scutulata
Rhodonessa caryophyllacea
APODIFORMES
Trochilidae
Glaucis (Ramphodon) dohrnii
CHARADRIIFORMES
Alcidae
Lunda cirrhata
Uria aalge inornata
Laridae
Anous tenuirostris melanops
Larus relictus
Sterna albifrons
Scolopacidae
Numenius borealis
Numenius tenuirostris
Scolopax mira
Tringa guttifer
CICONIIFORMES
Ciconiidae
Ciconia boyciana
(Ciconia ciconia boyciana)
Jabiru mycteria
Mycteria cinerea
Threskiornithidae
Geronticus eremita
Nipponia nippon
COLUMBIFORMES
Columbidae
Caloenas nicobarica
Chalcophaps indica yamashinai
Columba janthina nitens
Columba janthina stejnegeri
Columba vitiensis godmanae
Ducula mindorensis
Gallicolumba norfolciensis
Hemiphaga novaeseelandiae spadicea
Petrophassa smithii blaauwi
CORACIIFORMES
Bucerotidae
Aceros nipalensis
Aceros subruficollis
Buceros bicornis
Buceros (Rhinoplax) vigil
ACCIPITRIFORMES
Accipitridae
Accipiter gentilis fugiyamae
Aquila adalberti
Aquila chrysaetos japonica
Aquila heliaca
Buteo buteo oshiroi
Buteo buteo toyoshimae
Chondrohierax uncinatus wilsonii
Haliaeetus albicilla
Haliaeetus leucocephalus
Haliaeetus pelagicus pelagicus
Harpia harpyja
Pithecophaga jefferyi
Spilornis (Haematornis) cheela perplexus
Spizaetus nipalensis orientalis
Cathartidae
Gymnogyps californianus
Vultur gryphus
Falconidae
Falco araea
Falco jugger
Falco newtoni aldabranus
Falco pelegrinoides
Falco peregrinus (pelegrinoides/babylonicus)
Falco punctatus
Falco rusticolus
GALLIFORMES
Cracidae
Crax blumenbachi
Mitu (Crax) mitu mitu
Oreophasis deribianus
Penelope albipennis
Pipile (Aburria) jacutinga
Pipile (Aburria) pipile pipile
Megapodiidae
Leipoa ocellata
Macrocephalon maleo
Phasianidae
Catreus wallichii
Colinus virginianus ridgwayi
Crossoptilon crossoptilon
Crossoptilon harmani
Crossoptilon mantchuricum
Lophophorus spp
Lophura edwardsi
Lophura imperialis
Lophura swinhoii
Polyplectron emphanum
Rheinartia (nigrescens) ocellata
Syrmaticus ellioti
Syrmaticus humiae
Syrmaticus mikado
Tetraogallus caspius
Tetraogallus tibetanus
Tragopan blythii
Tragopan caboti
Tragopan melanocephalus
Tympanuchus cupido attwateri
Tetraonidae
Lagopus mutus japonicus
GRUIFORMES
Gruidae
Grus americana
Grus canadensis nesiotes
Grus canadensis pulla
Grus japonensis
Grus leucogeranus
Grus monacha
Grus nigricollis
Grus vipio
Otididae
Ardeotis (Choriotis) nigriceps
Chlamydotis undulata
Eupodotis (Houbaropsis) bengalensis
Pedionomidae
Pedionomus torquatus
Rallidae
Notornis alba
Rallus okinawae
Rallus pectoralis clelandi
Rallus philippensis maquariensis
Rhynochetidae
Rhynochetos jubatus
PASSERIFORMES
Acanthizidae
Dasyornis
brachypterus
Dasyornis broadbenti litoralis
Dasyornis longirostris
Gerygone insularis
Atrichornithidae
Atrichornis clamosus
Campephagidae
Coracina tenuirostris melvillensis
Lalage leucopyga leucopyga
Corvidae
Garrulus lidthi
Cotingidae
Cotinga maculata
Xipholena atropurpurea
Fringillidae
Carduelis (Spinus) cucullata/Spinus cucullatus
Carduelis (Chloris) sinica kittlitzi
Hirundindae
Pseudochelidon sirintarae
Maluridae
Stipiturus malachurus intermedius
Meliphagidae
Apalopteron familiare hahasima
Lichenostomus melanops cassidix
(Meliphaga cassidix)
Manorina melanotis
Xanthomyza phrygia
Muscicapidae
Amytornis dorotheae
Amytornis textilis textilis
Cettia diphone panafidinicus
Drymodes superciliaris colcloughi
Erithacus komadori komadori
Erithacus komadori namiyei
Erithacus komadori subrufus
Falcunculus frontatus whitei
Megalurus pryeri pryeri
Picathartes spp
Poecilodryas superciliosa
cerviniventris
Psophodes nigrogularis
Rhipidura cervina
Turdus dauma amami
Turdus poliocephalus
poliocephalus
Turdus xanthopus vinitinctus
Pardalotidae
Pardalotus quadragintus
Pittidae
Pitta brachyura nympha
Pitta gurneyi
Pitta kochi
Ploceidae
Erythrura gouldiae
Pycnonotidae
Pycnonotus sinensis orii
Sturnidae
Aplonis fusca
Leucopsar rothschildi
Troglodytidae
Troglodytes troglodytes orii
Zosteropidae
Zosterops albogularis
Zosterops strenua
PELECANIFORMES
Fregatidae
Fregata andrewsi
Pelecanidae
Pelecanus crispus
Sulidae
Papasula (Sula) abbotti
PICIFORMES
Picidae
Campephilus imperialis
Dryocopus javensis richardsi
Picoides (Dendrocopos) leucotos owstoni
Picoides tridactylus inouyei
Sapheopipo noguchii
PODICIPEDIFORMES
Podicipedidae
Podilymbus gigas
PROCELLARIIFORMES
Diomedeidae
Diomedea albatrus
Phalacrocoracidae
Phalacrocorax urile
Procellariidae
Pterodroma leucoptera leucoptera
Pterodroma solandri
Puffinus carneipes hullianus
PSITTACIFORMES
Psittacidae
Amazona arausiaca
Amazona barbadensis
Amazona brasiliensis
Amazona guildingii
Amazona imperialis
Amazona leucocephala
Amazona pretrei
Amazona (dufresniana) rhodocorytha
Amazona tucumana
Amazona versicolor
Amazona vinacea
Amazona vittata
Anodorhynchus spp
Ara ambigua
Ara (caninde) glaucogularis
Ara macao
Ara maracana
Ara militaris
Ara rubrogenys
Aratinga guarouba
Cacatua goffini
Cacatua haematuropygia
Cacatua moluccensis
Cacatua pastinator pastinator
Calyptorhynchus baudinii graptogyne
Cyanopsitta spixii
Cyanoramphus auriceps forbesi
Cyanoramphus novaezelandiae
Cyanoramphus novaezelandiae cookii
Cyanoramphus novaezelandiae erythrotis
Cyanoramphus novaezelandiae subflavescens
Cyclopsitta (Opopsitta) diophthalma coxeni
Neophema chrysogaster
Nestor productus
Ognorhynchus icterotis
Pezoporus (Geopsittacus) occidentalis
Pezoporus wallicus
Pezoporus wallicus flaviventris
Pionopsitta pileata
Polytelis alexandrae
Probosciger aterrimus
Psephotus chrysopterygius
Psephotus dissimilis
Psephotus pulcherrimus
Psittacula echo
Psittaculirostris diophthalma coxeni
Psittacus erithacus princeps
Pyrrhura cruentata
Rhynchopsita spp
Strigops habroptilus
RHEIFORMES
Rheidae
Pterocnemia pennata
SPHENISCIFORMES
Spheniscidae
Spheniscus humboldti
STRIGIFORMES
Strigidae
Athene blewitti
Ketupa (Bubo) blakistoni blakistoni
Mimizuku (Otus) gurneyi
Ninox novaeseelandiae albaria
Ninox novaeseelandiae undulata (royana)
Ninox squamipila natalis
Tytonidae
Tyto soumagnei
SRUTHIONIFORMES
Dromaiidae
Dromaius baudinianus
Dromaius minor
TINAMIFORMES
Tinamidae
Tinamus solitarius
TROGONIFORMES
Trogonidae
Pharomachrus mocinno
ARTIODACTYLA
Bovidae
Addax nasomaculatus
Bison bison athabascae
Bos (frontalis) gaurus
Bos (grunniens) mutus
Bos (Novibos) sauveli
Bubalus (Anoa) depressicornis
Bubalus (Anoa) mindorensis
Bubalus (Anoa) quarlesi
Capra falconeri
Capricornis sumatraensis
Cephalophus jentinki
Gazella dama
Hippotragus niger variani
Nemorhaedus goral
Oryx dammah (tao)
Oryx leucoryx
Ovis ammon hodgsoni
Ovis orientalis (aries) ophion
Ovis vignei
Pantholops hodgsoni
Rupicapra rupicapra ornata
Cervidae
Blastocerus dichotomus
Cervus (Dama)
dama mesopotamicus
Cervus duvauceli
Cervus elaphus hanglu
Cervus eldi
Division 3 - Class Mammalia
Cervus (Axis/Hyelaphus)
porcinus annamiticus
Cervus (Axis/Hyelaphus)
porcinus calamianensis
Cervus (Axis/Hyelaphus)
porcinus kuhli
Hippocamelus spp
Muntiacus crinifrons
Ozotoceros bezoarticus
Pudu pudu
Suidae
Babyrousa babyrussa
Sus salvanius
Tayassuidae
Catagonus wagneri
CARNIVORA
Canidae
Speothos venaticus
Felidae
Acinonyx jubatus
Felis concolor coryi
Felis concolor costaricensis
Felis concolor cougar
Felis geoffroyi
Felis jacobita
Felis marmorata
Felis nigripes
Felis pardalis
Felis pardina
(Felis lynx pardina/Lynx pardinus)
Felis planiceps
Felis temmincki
Felis tigrina
Felis wiedii
Neofelis nebulosa
Panthera leo persica
Panthera onca
Panthera pardus
Panthera tigris
Panthera uncia
Hyaenidae
Hyaena brunnea
Mustelidae
Enhydra lutris nereis
Lutra felina
Lutra longicaudis
(platensis/annectens/enudris/incarum)
Lutra lutra
Lutra provocax
Mustela nigripes
Pteronura brasiliensis
Ursidae
Ailuropoda melanoleuca
Helarctos malayanus
Melursus ursinus
Selenarctos (Ursus) thibetanus
Tremarctos ornatus
Ursus arctos isabellinus
Viverridae
Prionodon pardicolor
CHIROPTERA
Pteropodiadae
Pteropus brunneus
Pteropus insularis
Pteropus mariannus
Pteropus molossinus
Pteropus phaeocephalus
Pteropus pilosus
Pteropus samoensis
Pteropus tonganus
DIPROTODONTA
Macropodidae
Lagorchestes asomatus
Lagorchestes hirsutis
Lagorchestes leporides
Lagostrophus fasciatus
Macropus greyi
Onychogalea fraenata
Onychogalea lunata
Petauridae
Gymnobelideus leadbeateri
Pseudocheirus peregrinus occidentalis
Potoridae
Bettongia spp.
Caloprymnus campestris
Potorous longipes
Potorous platyops
Potorous tridactylus gilberti
Vombatidae
Lasiorhinus krefftii
EDENTATA
Dasypodidae
Priodontes maximus (giganteus)
INSECTIVORA
Soricidae
Crocidura tenuata var. trichura
LAGOMORPHA
Leporidae
Caprolagus hispidus
Romerolagus diazi
PERISSODACTYLA
Equidae
Equus africanus
Equus grevyi
Equus hemionus hemionus
Equus hemionus khur
Equus przewalskii
Equus zebra zebra
Rhinocerotidae
(All species of the family Rhinocerotidae)
Tapiridae
(All species of the family Tapiridae other than
Tapirus terrestris)
PHOLIDOTA
Manidae
Manis temminckii
PINNIPEDIA
Otariidae
Arctocephalus townsendi
Phocidae
Monachus spp
POLYPROTODONTA
Dasyuridae
Dasyuroides byrnei
Dasyurus geoffroyii
Parantechinus apicalis
Phascogale calura
Sminthopsis douglasi
Sminthopsis longicaudata
Sminthopsis psammophila
Myrmecobiidae
Myrmecobius fasciatus
Peramelidae
Chaeropus ecaudatus
Isoodon auratus
Perameles bougainville
Perameles eremiana
Thylacinidae
Thylacinus cynocephalus
Thylacomyidae
Macrotis lagotis
Macrotis leucura
PRIMATES
Callimiconidae
Callimico geoldii
Callithricidae
Callithrix jacchus aurita
Callithrix jacchus flaviceps
Leontopithecus (Leontideus) spp
Saguinus bicolor
Saguinus leucopus
Saguinus oedipus (geoffroyi)
Cebidae
Alouatta palliata
Ateles geoffroyi frontatus
Ateles geoffroyi panamensis
Brachyteles arachnoides
Cacajao spp
Chiropotes albinasus
Lagothrix flavicauda
Saimiri oerstedii
Cercopithecidae
Cercocebus galeritus galeritus
Cercopithecus diana (roloway)
Colobus pennantii (badius) kirki
Colobus (badius) rufomitratus
Macaca silenus
Nasalis (Simias) spp
Papio (Mandrillus) leucophaeus
Papio (Mandrillus) sphinx
Presbytis entellus
Presbytis geei
Presbytis pileata
Presbytis potenziani
Pygathrix
(Rhinopithecus) spp
Cheirogaleidae
(All species of the family Cheirogaleidae)
Daubentoniidae
Daubentonia madagascariensis
Hylobatidae
(All species of the family Hylobatidae)
Indriidae
(All species of the family Indriidae)
Lemuridae
(All species of the family Lemuridae)
Pongidae
(All species of the family Pongidae)
PROBOSCIDEA
Elephantidae
Elephas maximus
Loxodonta africana
RODENTIA
Muridae
Conilurus albipes
Leporillus apicalis
Leporillus conditor
Notomys amplus
Notomys fuscus
Notomys longicaudatus
Notomys macrotis
Notomys mordax
Pseudomys fieldi
Pseudomys gouldii
Pseudomys praeconis
Pseudomys shortridgei
Rattus macleari
Rattus nativitatus
Xeromys myoides
Zyzomys pedunculatus
Sciuridae
Cynomys mexicanus
SIRENIA
Trichechidae
Trichechus inunguis
Trichechus manatus
Division 4 - Class Mollusca
UNIONOIDA
Unionidae
Conradilla caelata
Dromus dromas
Epioblasma (Dysnomia) curtisi
Epioblasma (Dysnomia) florentina
Epioblasma (Dysnomia) sampsoni
Epioblasma (Dysnomia) sulcata perobliqua
Epioblasma (Dysnomia) torulosa gubernaculum
Epioblasma (Dysnomia) torulosa torulosa
Epioblasma (Dysnomia) turgidula
Epioblasma (Dysnomia) walkeri
Fusconaia cuneolus
Fusconaia edgariana
Lampsilis higginsi
Lampsilis orbiculata orbiculata
Lampsilis satura
Lampsilis virescens
Plethobasus cicatricosus
Plethobasus cooperianus
Pleurobema plenum
Potamilus (Proptera) capax
Quadrula intermedia
Quadrula sparsa
Toxolasma (Carunculina) cylindrella
Unio nickliniana
Unio tampicoensis tecomatensis
Villosa (Micromya) trabalis
STYLOMMATOPHORA
Achatinellidae
Achatinella spp
Division 5 - Class Pisces
ACIPENSERIFORMES
Acipenseridae
Acipenser brevirostrum
Acipenser sturio
ATHERINIFORMES
Melanotaeniidae
Melanotaenia eachamensis
COELACANTHIFORMES
Coelacanthidae
Latimeria chalumnae
CYPRINIFORMES
Catostomidae
Chasmistes cujus
Cyprinidae
Probarbus jullieni
PERCIFORMES
Percichthyidae
Maccullochella ikei
Maccullochella macquariensis
Macquaria australasica
Sciaenidae
Cynoscion macdonaldi
SALMONIFORMES
Galaxiidae
Galaxias fontanus
Galaxias fuscus
Galaxias johnstoni
Galaxias pedderensis
SILURIFORMES
Schilbeidae
Pangasianodon gigas
Division 6 - Class Reptilia
CROCODYLIA
Alligatoridae
Alligator sinensis
Caiman crocodilus apaporiensis
Caiman latirostris
Melanosuchus niger
Crocodylidae
Crocodylus acutus
Crocodylus cataphractus
Crocodylus intermedius
Crocodylus moreletii
Crocodylus novaeguineae mindorensis
Crocodylus palustris
Crocodylus rhombifer
Crocodylus siamensis
Osteolaemus tetraspis
Tomistoma schlegelii
Gavialidae
Gavialis gangeticus
RHYNCHOCEPHALIA
Sphenodontidae
Sphenodon punctatus
SAURIA
lguanidae
Brachylophus spp
Cyclura spp
Sauromalus varius
Lacertidae
Gallotia simonyi
Pygopodidae
Aprasia aurita
Aprasia parapulchella
Ophidiocephalus taeniatus
Scincidae
Ctenotus lancelini
Lerista lineata
Pseudemoia palfreymani
Tiliqua adelaidensis
Varanidae
Varanus bengalensis
Varanus flavescens
Varanus griseus
Varanus komodoensis
SERPENTES
Boidae
Acrantophis spp
Boa (Constrictor) constrictor occidentalis
Bolyeria multocarinata
Casarea dussumieri
Division 6 - Class Reptilia
Epicrates inornatus
Epicrates monensis
Epicrates subflavus
Python molurus molurus
Sanzinia madagascariensis
Elapidae
Hoplocephalus bungaroides
Neelaps calonotus
TESTUDINATA
Chelidae
Pseudemydura umbrina
Cheloniidae
(All species in the family Cheloniidae)
Dermochelyidae
Dermochelys coriacea
Emydidae
Batagur baska
Clemmys muhlenbergi
Geoclemys hamiltonii
Kachuga tecta tecta
Melanochelys (Geoemyda/Nicoria) tricarinata
Morenia ocellata
Terrapene coahuila
Testudinidae
Geochelone (Testudo) elephantopus
Geochelone (Testudo) radiata
Geochelone (Testudo) yniphora
Gopherus flavomarginatus
Psammobates (Testudo) geometricus
Trionychidae
Lissemys punctata punctata
Trionyx ater
Trionyx gangeticus
Trionyx hurum
Trionyx nigricans
Division 7 - Class Insecta
LEPIDOPTERA
Papilionidae
Ornithoptera alexandrae
Papilio chikae
Papilio homerus
Papilio hospiton
PART III - POPULATION OF ANIMALS
Populations of animals of the species Antilocapra americana in Mexico.
Populations of animals of the species Aonyx congica (microdon) or Paraonyx
microdon (Cameroon clawless otter) in Cameroon and Nigeria. Populations of
animals of the species Canis lupus (wolf) in Bhutan, India, Nepal or Pakistan.
Populations of animals of the genus Chinchilla in South America. Populations
of animals of the species Crocodylus niloticus in areas outside Botswana,
Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Somalia, South Africa,
Uganda, United Republic of Tanzania, Zambia and Zimbabwe. Populations of
animals of the species Crocodylus porosus in areas outside Australia,
Indonesia and Papua New Guinea. Populations of animals of the species Dugong
dugon in areas outside Australia. Populations of the animals of the
sub-species Felis bengalensis bengalensis (leopard cat) outside China.
Populations of animals of the species Felis (Lynx/Caracal) caracal (desert
lynx or caracal) in Asia. Populations of animals of the species Felis
rubiginosa (rusty spotted cat) in India. Populations of animals of the species
Felis yagouaroundi (jaguarundi) in Central and North America. Populations of
animals of the genus Moschus (musk deer) in Afghanistan, Bhutan, Myanmar,
India, Nepal and Pakistan. Populations of animals of the species Scleropages
formosus (Asian bonytongue fish) in areas outside Indonesia. Populations of
animals of the species Struthio camelus (ostrich) in Algeria, Burkina Faso,
Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the
Niger, Nigeria, Senegal, and the Sudan. Populations and parts of populations
of animals of the species Vicugna vicugna (vicuna) which are not specified in
Part lll of Schedule 2. Populations of animals of the species Vipera ursinii
(Orsini's viper) in Europe, except the area which formerly constituted the
Union of Soviet Socialist Republics. Populations of animals of the species
Ursus arctos (grizzly or brown bear) in Bhutan, China, Mexico and Mongolia.
PART IV - PLANTS
Agavaceae
Agave arizonica
Agave parviflora
Nolina interrata
Apocynaceae
Pachypodium baronii
Pachypodium brevicaule
Pachypodium decaryi
Pachypodium namaquanum
Cactaceae
Ariocarpus spp
Astrophytum (Echinocactus) asterias
Aztekium ritteri
Coryphantha (Escobaria) minima
Coryphantha (Escobaria) sneedii
Coryphantha werdermannii
Discocactus spp
Discocactus (Nopalxochia/Lobeira) macdougallii
Echinocereus ferreirianus var. lindsayi
(Echinocereus lindsayi)
Echinocereus (Wilcoxia) schmollii
Leuchtenbergia principis
Mammillaria pectinifera (= Solisia pectinata)
Mammillaria plumosa
Mammillaria solisioides
Melocactus conoideus
Melocactus deinacanthus
Melocactus glaucescens
Melocactus paucispinus
Obregonia denegrii
Pachycereus (Backebergia) militaris
Pediocactus bradyi
Pediocactus despainii
Pediocactus knowltonii
Pediocactus (Sclerocactus) papyracanthus
Pediocactus paradinei
Pediocactus peeblesianus
Pediocactus sileri
Pediocactus winkleri
Pelecyphora spp
Sclerocactus brevihamaticus (= Ancistrocactus
tobuschii)
Sclerocactus (Echinomastus/Neolloydia) erectocentrus
Sclerocactus glaucus
Sclerocactus (Echinomastus/Neolloydia) mariposensis
Sclerocactus mesae-verdae
Sclerocactus pubispinus
Sclerocactus wrightiae
Strombocactus disciformis
Turbinicarpus (Neolloydia) spp
Uebelmannia spp
Compositae
Saussurea costus (lappa)
Crassulaceae
Dudleya stolonifera
Dudleya traskiae
Cupressaceae
Fitzroya cupressoides
Pilgerodendron uviferum
Cycadaceae
Cycas beddomei
Euphorbiaceae
Euphorbia ambovombensis
Euphorbia cylindrifolia
Euphorbia decaryi
Euphorbia francoisii
Euphorbia moratii
Euphorbia parvicyathophora
Euphorbia primulifolia
Euphorbia quarziticola
Euphorbia tulearensis
Fouquieriaceae
Fouquieria fasciculata
Fouquieria purpusii
Leguminosae (Fabaceae)
Dalbergia nigra
Liliaceae
Aloe albida
Aloe pillansii
Aloe polyphylla
Aloe thorncroftii
Aloe vossii
Nepenthaceae
Nepenthes khasiana
Nepenthes rajah
Orchidaceae
Cattleya skinneri
Cattleya trianae
Didiciea cunninghamii
Laelia jongheana
Laelia lobata
Peristeria elata
Paphiopedilum spp
Phragmipedium spp
Renanthera imschootiana
Vanda coerulea
Pinaceae
Abies guatemalensis
Podocarpaceae
Podocarpus parlatorei
Proteaceae
Orothamnus zeyheri
Protea odorata
Rubiaceae
Balmea stormiae
Sarraceniaceae
Sarracenia alabamensis (rubra) alabamensis
Sarracenia jonesii (rubra jonesii)
Sarracenia oreophila
Stangeriaceae
Stangeria (paradoxa) eriopus
Zamiaceae
Ceratozamia spp
Chigua spp
Encephalartos spp
Microcycas calocoma
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, other than faeces, that is, or is derived from, an animal of a
genus, species or sub-species specified, or described in Part II. A specimen,
other than faeces, that is, or is derived from, an animal that is, or has
been, part of a population specified in Part III. A specimen that is, or is
derived from, a plant of a genus, species, or sub-species specified, or
described, in Part IV, other than a fruit and parts and derivatives thereof
that are derived from a naturalised or artificially propagated plant of the
family Cactaceae; separate stem joints (pads) and parts and derivatives
thereof that are derived from a naturalised or artificially propagated plant
of Opuntia subgenus Opuntia spp; separate leaves and parts and derivatives
thereof that are derived from a naturalised or artificially propagated plant
of the species Aloe vera;
a flower that is derived from an artificially propagated plant of the family
Orchidaceae; a fruit and parts and derivatives thereof that is derived from an
artificially propagated plant of the genus Vanilla; chemical derivatives of
Rauvolfia serpentina and podophyllum hexandrum (emodi); or a seed, spore,
pollen (including pollinia), a tissue culture or flasked seedling culture. A
specimen, other than a seed, spore, pollen (including pollinia), a tissue
culture or flasked seedling culture, that is, or is derived from a plant, that
is, or has been, part of the population of plants of the species Araucaria
araucana outside Chile. A specimen that is a root or readily recognizable part
thereof of Panax quinquefolius (American ginseng). A specimen, being a
saw-log, sawn wood or veneer, that is derived from the species Pericopsis
elata. A specimen, being a saw-log, sawn wood or veneer, that is derived from
the species Swietenia mahogani. A specimen derived from the population of
Crocodylus porosus or Crocodylus johnstoni in Australia:
(a) bred in captivity; or
(b) taken under an approved management program; other than a manufactured
article that is produced from that specimen that is:
(c) a personal effect of a person departing for a foreign country; and
(d) not intended for sale, lease, hire, exchange or any other commercial
purpose; and
(e) accompanied by a Personal Effects Permit Exemption label
which has been approved for the purposes of Article VII.3 of the Convention by
the Designated Authority. Order Family
Genus species or subspecies
PART II - ANIMALS
Division 1 - Class Alcyonaria
COENOTHECALIA
(All species in the Order COENOTHECALIA
(except fossils))
STOLONIFERA
Tubiporidae
(All species in the family Tubiporidae
(except fossils))
Division 2 - Class Amphibia
ANURA
Bufonidae
Bufo retiformis
Dendrobatidae
Dendrobates spp
Phyllobates spp
Myobatrachidae
(Species of Rheobatrachus not specified in
Part II of Schedule 1)
Ranidae
Rana hexadactyla
Rana tigerina
CAUDATA
Ambystomidae
Ambystoma dumerilii
Ambystoma mexicanum
Division 3 - Class Anthozoa
ANTIPATHARIA
(All species in the Order ANTIPATHARIA)
SCLERACTINIA
(All species in the Order SCLERACTINIA
(except fossils))
Division 4 - Class Arachnida
ARANEAE
Theraphosidae
Brachypelma smithi
Division 5 - Class Aves
ANSERIFORMES
Anatidae
Anas aucklandica aucklandica
Anas aucklandica chlorotis
Anas bernieri
Anas formosa
Branta ruficollis
Coscoroba coscoroba
Cygnus melanocoryphus
Dendrocygna arborea
Oxyura leucocephala
Sarkidiornis melanotos
APODIFORMES
Trochilidae
(Species in the family Trochilidae other than
species specified in Part II of Schedule 1)
CICONIIFORMES
Balaenicipitidae
Balaeniceps rex
Ciconiidae
Ciconia nigra
Phoenicopteridae
(All species in the family Phoenicopteridae)
Threskiornithidae
Eudocimus ruber
Geronticus calvus
Platalea leucorodia
COLUMBIFORMES
Columbidae
Gallicolumba luzonica
Goura spp
CORACIIFORMES
Bucerotidae
(Species of Aceros not specified in Part II of
Schedule 1)
Anorrhinus spp
Anthracoceros spp
(Species of Buceros not included in Part II of
Schedule 1)
Penelopides spp
Ptilolaemus spp
CUCULIFORMES
Musophagidae
Musphaga (Gallirex/Tauraco) porphyreolophus
Tauraco corythaix
Tauraco fischeri
Tauraco livingstonii
Tauraco persa
Tauraco schalowi
Tauraco schuettii
ACCIPITRIFORMES
(Species in the Order ACCIPITRIFORMES, except
species in the family Cathartidae, 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 Accipitriformes a
sub-species of which is specified in Part II of
Schedule 1, other than sub-species so specified)
Division 5 - Class Aves
GALLIFORMES
Phasianidae
Argusianus argus
Gallus sonneratii
lthaginis cruentus
Pavo muticus
Polyplectron bicalcaratum
Polyplectron germaini
Polyplectron malacense
Polyplectron schleiermacheri
GRUIFORMES
Gruidae
(Species in the family
Gruidae, 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 Gruidae, a
sub-species of which is specified in Part II of
Schedule 1, other than sub-species so specified)
Otididae
(Species in the family Otididae, other than
species specified in Part II of Schedule 1)
Rallidae
Gallirallus australis hectori
Turnicidae
Turnix melanogaster
PASSERIFORMES
Cotingidae
Rupicola spp
Emberizidae
Gubernatrix cristata
Paroaria capitata
Paroaria coronata
Estrildidae
Poephila cincta cincta
Fringillidae
Carduelis (Spinus) yarrellii
Muscicapidae
Cyornis ruckii (= Niltave (Muscicapa) ruecki)
Paradisaeidae
(All species in the family Paradisaeidae)
Pittidae
Pitta brachyura nympha
Pitta guajana
PICIFORMES
Ramphastidae
Pteroglossus aracari
Pteroglossus viridis
Ramphastos sulfuratus
Ramphastos toco
Ramphastos tucanus
Ramphastos vitellinus
PSITTACIFORMES
(Species in the Order PSITTACIFORMES, other
than -
(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) Melopsittacus 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
SPHENISCIFORMES
Spheniscidae
Spheniscus demersus
STRIGIFORMES
(Species in the Order STRIGIFORMES, 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 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
Rhynchotus rufescens pallescens
Rhynchotus rufescens rufescens
Division 6 - Class Hydrozoa
ATHECATA
Milleporidae
(All species in the family Milleporidae
(except fossils))
Stylasteridae
(All species in the family Stylasteridae
(except fossils))
Division 7 - Class Insecta
LEPIDOPTERA
Papilionidae
Bhutanitis spp
(Species of Ornithoptera (sensu D'Abrera) not
specified in Part II of Schedule 1)
Parnassius apollo
Teinopalpus spp
Trogonoptera
(sensu D'Abrera) spp
Troides (sensu D'Abrera) spp
Division 8 - Mammalia
ARTIODACTYLA
Bovidae
Ammotragus lervia
Budorcas taxicolor
Cephalophus dorsalis
Cephalophus monticola
Cephalophus ogilbyi
Cephalophus sylvicultor
Cephalophus zebra
Damaliscus dorcas dorcas
Kobus leche
(Sub-species of Ovis ammon not specified in Part
II of Schedule 1)
Camelidae
Lama guanicoe
Cervidae
Cervus elaphus bactrianus
Pudu mephistophiles
Hippopotamidae
Choeropsis liberiensis
CARNIVORA
Canidae
Chrysocyon brachyurus
Cuon alpinus
Dusicyon culpaeus
Dusicyon griseus (fulvipes)
Dusicyon gymnocercus
Dusicyon (Cerdocyon) thous
Vulpes cana
Vulpes (Fennecus) zerda
Felidae
(Species in the family -
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; and
(c) Felis catus)
(Sub-species of species of the family Felidae,
a sub-species of which is specified in Part II
of Schedule 1, other than sub-species so
specified)
Mustelidae
Conepatus humboldti
(Species of the sub-family Lutrinae not
specified in Part 11 or Part III of Schedule 1)
Procyonidae
Ailurus fulgens
Ursidae
(Species in the family -
Ursidae 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;
(Sub-species of species of the family Urisidae,
a sub-species of which is specified in Part II
of Schedule 1, other than sub-species so
specified)
(Species of Ursidae other than species or
sub-species specified in Part II or Part III of
Schedule 1)
Viverridae
Cryptoprocta ferox
Cynogale bennettii
Eupleres goudotii (major)
Fossa fossa
Hemigalus derbyanus
Prionodon linsang
CHIROPTERA
Pteropodidae
Acerodon
(Species of Pteropus other then species
specified in Part II of Schedule 1)
DIPROTODONTA
Burramyidae
Burramys parvus
Macropodidae
Dendrolagus bennettianus
Dendrolagus inustus
Dendrolagus lumholtzi
Dendrolagus ursinus
Phalangeridae
Phalanger maculatus
Phalanger orientalis
EDENTATA
Bradypodidae
Bradypus (griseus/boliviensis) variegatus
Myrmecophagidae
Myrmecophaga tridactyla
MONOTREMATA
Tachyglossidae
Zaglossus spp
PERISSODACTYLA
Equidae
(Sub-species of
Equus hemionus (kiang/onager) not specified in
Part II of Schedule 1)
Equus zebra hartmannae
Tapiridae
Tapirus terrestris
PHOLIDOTA
Manidae
Manis crassicaudata
Manis javanica
Manis pentadactyla
PINNIPEDIA
Otariidae
(Species of Arctocephalus not specified in
Part II of Schedule 1)
Phocidae
Mirounga leonina
PRIMATES
(Species of the Order Primates, including the
family Tupaiidae 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)
RODENTIA
Sciuridae
Ratufa spp
SIRENIA
Trichechidae
Trichechus senegalensis
Division 9 - Class Mollusca
MESOGASTROPODA
Strombidae
Strombus gigas
UNIONOIDA
Unionidae
Cyprogenia aberti
Epioblasma (Dysnomia) torulosa rangiana
Fusconaia subrotunda
Lampsilis brevicula
Lexingtonia dolabelloides
Pleurobema clava
STYLOMMATOPHORA
Camaenidae
Papustyla (Papuina) pulcherrima
Paryphantidae
(Species of Paryphanta indigenous to
New Zealand)
VENEROIDA
Tridacnidae
(All species of the family Tridacnidae)
Division 10 - Class Pisces
ACIPENSERIFORMES
Acipenseridae
Acipenser oxyrhynchus
Polyodontidae
Polyodon spathula
CERATODIFORMES
Ceratodidae
Neoceratodus forsteri
CYPRINIFORMES
Cyprinidae
Caecobarbus geertsi
OSTEOGLOSSIFORMES
Osteoglossidae
Arapaima gigas
Division 11 - Class Reptilia
CROCODYLIA
(Species in the Order Crocodylia (including
Alligatoridae, Crocodylidae and Gavialidae)
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 Crocodylia a
sub-species of which is specified in Part II of
Schedule 1, other than sub-species so specified)
SAURIA
Agamidae
Uromastyx spp
Chamaeleonidae
Bradypodion spp
Chamaeleo spp
Cordylidae
Cordylus spp
Pseudocordylus spp
Gekkonidae
Cyrtodactylus serpensinsula
Phelsuma spp
Helodermatidae
Heloderma spp
lguanidae
Amblyrhynchus cristatus
Conolophus spp
lguana spp
Phrynosoma coronatum
Lacertidae
Podarcis lilfordi
Podarcis pityusensis
Scincidae
Corucia zebrata
Teiidae
Cnemidophorus hyperythrus
Crocodilurus lacertinus
Dracaena spp
Tupinambis spp
Varanidae
(Species of Varanus not specified in Part 11 of
Schedule 1)
Xenosauridae
Shinisaurus crocodilurus
SERPENTES
Boidae
(Species of the family Boidae, 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 Boidae a sub-species
of which is specified in Part II of Schedule 1,
other than sub-species so specified)
Colubridae
Clelia clelia
(Pseudoboa cloelia)
Cyclagras (Hydrodynastes) gigas
Elachistodon westermanni
Ptyas mucosus
Elapidae
Naja naja
Ophiophagus hannah
Viperidae
Vipera wagneri
TESTUDINATA
Dermatemydidae
Dermatemys mawii
Emydidae
Clemmys insculpta
Pelomedusidae
Erymnochelys madagascariensis
Peltocephalus dumeriliana
Podocnemis spp
Testudinidae
(Species of Testudinidae not specified in Part
II of Schedule 1)
Division 12 - Class Hirudinea
ARHYNCHOBDELLAE
Hirudinidae
Hirudo medicinalis
PART III - POPULATION OF ANIMALS
Populations of animals of the species Aonyx congica (microdon) or Paraonyx
microdon (Cameroon clawless otter) outside Cameroon and Niger. Populations of
animals of the species Canis lupus (wolf) outside Bhutan, India, Nepal and
Pakistan. Populations of animals of the species Crocodylus niloticus in
Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Somalia, South
Africa, Uganda, United Republic of Tanzania, Zambia and Zimbabwe. Populations
of animals of the species Crocodylus porosus in Australia, Indonesia and Papua
New Guinea. Populations of animals of the species Dugong dugon in Australia.
Populations of animals of the sub-species Felis bengalensis bengalensis
(leopard or Bengal cat) in China. Populations of animals of the species Felis
(Lynx/Caracal) caracal (caracal, lynx or Asian lynx) in areas outside Asia.
Populations of animals of the species Felis rubiginosa (rusty spotted cat) in
areas outside India. Populations of animals of the species Felis yagouaroundi
(jaguarundi) outside Central and North America. Populations of the genus
Moschus (musk deer) outside Afghanistan, Bhutan, India, Myanmar, Nepal and
Pakistan. Populations of animals of the species Ovis canadensis (American
bighorn sheep) in Mexico. Populations of animals of the species Scleropages
formusus (Asian bonytonguefish) in Indonesia. Populations of animals of the
family Tayassuidae (peccaries) (other than species specified in Part II of
Schedule 1) outside the United States of America. Populations of animals of
any sub-species Ursus arctos (grizzly or brown bear) (other than sub-species
or populations specified in Schedule 1). Populations of animals of the species
Vicugna vicugna (vicuna) in Pampa Galeras National Reserve and Nuclear Zone,
Pedregal, Oscconta and Sawacocha (Province of Lucanas), Sais Picotani
(Province of Azangara), Sais Tupac Amaru (Province of Junin), and of Salinas
Aguada Blanca National Reserve (Provinces of Arequipa and Cailloma) and part
of the population of Paranicota Province, la. Region of Tarapaca.
PART IV - PLANTS
Agavaceae
Agave victoriae-reginae
Amaryllidaceae
Galanthus spp
Sternbergia spp
Apocynaceae
(Species of Pachypodium not specified in Part IV of
Schedule 1)
Rauvolfia serpentina
Araceae
Alocasia sanderiana
Asclepiadaceae
Ceropegia spp
Frerea indica
Berberidaceae
Podophyllum hexandrum (emodi)
Bromeliaceae
Tillandsia harrisii
Tillandsia kammii
Tillandsia kautskyi
Tillandsia mauryana
Tillandsia sprengeliana
Tillandsia sucrei
Tillandsia xerographica
Byblidaceae
Byblis spp
Cactaceae
(Species of the family Cactaceae not specified in Part
IV of Schedule 1)
Caryocaraceae
Caryocar costaricense
Cephalotaceae
Cephalotus follicularis
Cyatheaceae
(All species of Cyatheaceae)
Cycadaceae
(Species of Cycadaceae not specified in Part IV of
Schedule 1)
Diapensiaceae
Shortia galacifolia
Dicksoniaceae
(All species of Dicksoniaceae)
Didiereaceae
(All species of Didiereaceae)
Dioscoreaceae
Dioscorea deltoidea
Droseraceae
Dionea muscipula
Ericaceae
Kalmia cuneata
Euphorbiaceae
(Species of Euphorbia that are succulent not
specified in Part IV of Schedule 1)
Fouquieriaceae
Fouquieria columnaris
Fabaceae
Platymiscium pleiostachyum
Juglandaceae
Oreomunnea (Engelhardtia) pterocarpa
Liliaceae
(Species of Aloe not specified in Part IV of
Schedule 1)
Meliaceae
Swietenia humilis
Nepenthaceae
(Species of Nepenthes not specified in Part IV of
Schedule 1)
Orchidaceae
(Species in the family, Orchidaceae, including the
families Apostasiaceae and Cypripediaceae, other than -
(a) species specified in Part IV of Schedule 1;
and
(b) specimens of species specified in Part I of
Schedule 1)
(varieties of species of Orchidaceae a variety of which
is specified in Part I of Schedule 1, other than
varieties so specified)
Palmae
Chrysalidocarpus decipiens
Neodypsis decaryi
Portulacaceae
Anacampseros spp
Lewisia cotyledon
Lewisia maguirei
Lewisia serrata
Lewitsia tweedyi
Primulaceae
Cyclamen spp
Sarraceniaceae
Darlingtonia californica
(Species of Sarracenia, other than -
(a) species specified in Part IV of Schedule 1; and
(b) species a sub-species of which is specified in
Part IV of Schedule 1)
(Sub-species of species of Sarracenia a sub-species of
which is specified in Part IV of Schedule 1, other than
sub-species so specified)
Stangeriaceae
(Species of Stangeriaceae not specified in Part IV
of Schedule 1)
Theaceae
Camellia chrysantha
Welwitschiaceae
Welwitschia mirabilis (bainesil)
Zamiaceae
(Species of Zamiaceae not specified in Part IV of
Schedule 1)
Zingiberaceae
Hedychium philippinense
Zygophyllaceae
Guaiacum sanctum
Guaiacum officinale
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 1 - 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, other than a live animal, derived from one or more of the following
species of kangaroo (family Macropodidae) which is the personal property of a
person departing from Australia or an external Territory and which is not
intended to be used for any commercial purpose, including sale, lease, hire or
exchange. Macropus fuliginosus (kangaroo, western grey) Macropus giganteus
(kangaroo, eastern grey) Macropus parryi (wallaby, whiptail) Macropus robustus
(euro) Macropus rufogriseus (wallaby, bennet's) Macropus rufus (kangaroo, red)
Thylogale billardierii (wallaby, rufous) A specimen that is, or is derived
from, an invertebrate of a genus, species or subspecies specified in Part II.
A seed, spore, pollen (including pollinia), a tissue culture or flasked
seedling culture. 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 derived from Eucalyptus species, Melaleuca
alternifolia or Melaleuca linariifolia. A specimen that is, or is derived
from, a plant that has been artificially propagated or has been taken in
accordance with the program for the management in Western Australia of
commercially harvested protected plants approved by the Minister for the Arts,
Sport, the Environment, Tourism and Territories pursuant to section 10 of the
Wildlife Protection (Regulation of Exports and Imports) Act 1982, and is the
personal property of a person departing from Australia or an external
Territory and which is not intended to be used for any commercial purpose,
including sale, lease, hire or exchange. A specimen that is, or is derived
from, a fish of the species Anguilla australis or the species Anguilla
reinhardti. Honey. Faeces. A specimen, other than a live animal, derived from
the species Trichosurus vulpecula (Brush possum), which has been taken in
accordance with an approved management program, which is the personal property
of a person departing Australia or an external Territory and which is not
intended to be used for any commercial purpose, including sale, lease, hire or
exchange. Gut contents for the purpose of prescribed scientific research. A
specimen other than a live animal, derived from the species Dromaius
novaehollandiae (emu), which has been bred in captivity, which is the personal
property of a person departing Australia or an external Territory and which is
not intended to be used for any commercial purpose, including sale, lease,
hire or exchange. A specimen, being a manufactured article:
(a) produced from the population of Crocodylus porosus or Crocodylus
johnstoni in Australia:
(i) bred in captivity; or
(ii) taken under an approved management program; and
(b) that is:
(i) a personal effect of a person departing for a foreign
country; and
(ii) not intended for sale, lease, hire, exchange or any other
commercial purpose; and
(iii) accompanied by a Personal Effects Permit Exemption label
which has been approved for the purposes of Article VII 3 of the Convention by
the Designated Authority.
PART II INVERTEBRATES
Phylum
Class
Order
Family
(common name)
Genus, species or sub-species
(common name)
MOLLUSCA
STREPTONEURA
(PROSO-
BRANCHIA)
Haliotidae (abalone)
Notohaliotis ruber (blacklip)
Schismotis laevigata (greenlip)
Marinauris roei (Roe's)
Trochidae (top shells)
Trochus maximus
Trochus nilotius
Turbinidae
(turban shells)
Turbo
Subninella undulata (periwinkle)
Littorinidae (periwinkles)
PELECYPODA
(LAMELLI-
BRANCHIATA)
Mytilidae (mussels)
Mytilus edulis planulatus (mussel)
Pectinidae (scallops)
Amusium balloti (saucer)
Mimachlamys asperrimus (doughboy)
Equichlamys bifrons (queen)
Pecten alba (Tasmanian, commercial)
Pecten fumata
Pecten meridionalis
Pecten modestus
Ostreidae (oysters)
Crassostrea commercialias (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 tetricus
Decapoda
(cuttlefish,
squid)
Sepiidae
(All species of Sepia) (cuttlefish)
Sepioteuthis australis
(southern calamari squid)
Nototodarus gouldi (Gould's squid)
Todarodes filippovae
Onnastrephes bartramii
Syntletoteuthis luminosa
Symplectoteuthis ovalaniensis
Ornithoteuthis 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)
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 (yabbies, shrimp)
Cherax tenuimanus (marron)
Eustacus armatus (Murray
lobster - freshwater crayfish)
Cherax destructor-albidus (yabbie)
Macrobrachium rosenbergii
(freshwater shrimp)
ANNELIDA
POLYCHAETA
Onuphis teres (beach worms)
ECHINO-DERMATA
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 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
brine shrimp of the species Artemia salina. 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)
Genus, species or sub-species
Common Name
Abramites hypselonotus
headstander Acanthophthalmus spp.
loach, kuhlii Aequidens maronii
keyhole Aequidens pulcher
acara, blue Anostomus spp.
headstander Aphyocharax spp.
tetras, bloodfin Aphyosemeion spp.
killie fish Apistogramma spp.
cichlid, dwarf Aplocheilus spp.
panchax Apteronotus albifrons
knife fish/black ghost Apteronotus
leptorhynchus
long nose brown ghost knifefish
Arnoldichthys spilopterus
Arnold's or redeye characin Astronotus
ocellatus
oscar Astyanax fasciatus mexicanis
"jordani"
fish, blind cave (only albino form)
Aulonocara nyassae
cichlid, African peacock (length
5 cm and over) Aulonocara spp.
cichlids, African Bagrichthys
hypselopterus
catfish, black lancer (only males)
Balantiocheilus melanopterus
shark, silver Barbodes everetti
barb, clown Barbodes fasciatus
barb, striped Barbodes hexazona
barb, tiger Barbodes lateristriga
barb Barbodes pentazona
barb, banded Bedotia geayi
rainbow, Madagascar Benthochromis
tricoti
benthochromis tricoti Betta spp.
fighting fish
tetra, Chochui's blue Botia
macracantha
loach, clown< Brachydanio albolineatus
danio, pearl Brachydanio frankei
danio, leopard Brachydanio kerri
danio, kerr's Brachydanio
nigrofasciatus
danio, spotted Brachydanio rerio
danio, zebra Brachygobius spp.
bumble bee fish Brochis spp.
catfish, armored/catfish, blue
Brycinus longipinnis
tetra, African Campylomormyrus
cassaicus
double-nose elephant nose
Campylomormyrus rhynchophorus
double-nose elephant nose Capoeta
arulius
barb, longfin Capoeta oligolepis
barb, checker Capoeta partipentazona
barb, tiger Capoeta semifasciolatus
barb, golden Capoeta tetrazona
barb, tiger Capoeta titteya
barb, cherry Carassius auratus
goldfish Carnegiella spp.
hatchet fish Chalinochromis brichardi
cichlid, Lake Tanganyika (only bridled
morph of 5 cm & over)
Chalinochromis spp.
cichlids, Lake Tanganyika Chanda spp.
perchlets Chilodus punctatus
headstander, spotted Cichlasoma
nicaraguense
cichlid, Nicaraguan (length 5 cm &
over) Coelurichthys microlepis
tetra, croaking Colisa chuna
gourami, honey dwarf Colisa fasciata
gourami, giant dwarf Colisa labiosa
gourami, thick-lipped Colisa lalia
gourami, dwarf Copeina arnoldi
tetra, splash/characin, jumping
Copeina guttata
red spotted copeina Corydoras spp.
cat, armoured Corynopoma riisei
characin, swordtail (only males)
Crenicara filamentosa
checkerboard lyretail Crenicara
maculata
cichlid, checkerboard (length 5 cm &
over)
Cyathopharnx furcifer
thread fin furficer Cyprichromis
leptosoma
cyprichromis, yellowtail Cyrtocara
moorii Danio devario
danio, bengal Danio malabaricus
danio, giant Dermogenys pusillus
half beak Dianema urostriata
catfish, stripe tailed Epalzeorhynchus
kallopterus
flying fox Epalzeorhynchus siamensis
siamese flying fox Epiplatys spp.
killie fish Eretmodus cyanostictus
dwarf goby cichlid Eretmodus maculatus
cichlid, Tangyanikan clown Esomus
malayensis
barb, flying Farlowella acus
catfish, twig Gasteropelecus spp.
hatchet fish Gnathonemus
macrolepidotus
elephant nose Gnathonemus petersi
elephant nose Gymnocorymbus ternetzi
tetra, black widow Gyrinocheilus
aymonieri
catfish, sucking - Asia Hasemania nana
tetra, silver tip Helostoma rudolfi
gourami, pink kissing Helostoma
temminckii
gourami, green kissing Hemigrammus
spp.
tetra Hemiodopsis sterni
hemiodopsis, striped
Hemigrammopetersius caudalis
yellow-tail congo tetra Homaloptera
orthogoniata
lizard fish - Indonesia Hyphessobrycon
spp.
tetra Inpaichthys kerri
blue emperor tetra Iodotropheys
sprengerae
cichlid, African Julidochromis spp.
cichlid, dwarf Kryptopterus bicirrhis
catfish, glass Kryptopterus
macrocephalus
catfish, poormans glass Labeo bicolor
shark, redtail Labeo erythrurus
shark, red fin Labeo frenatus
shark, rainbow Labeo variegatus
shark, variegated Laetacara curviceps
curviceps Laetacara dorsigerus
cichlid Laubuca laubuca
Indian hatchet fish
Leiocassis siamensis
catfish, Siamese or bumble bee
(only males) Lepidarchus adonis
tetra, flagtail or adonis Leporinus
arcus
leporinus, lipstick Leporinus
fasciatus
leporinus, banded Leporinus maculatus
leporinus, spotted Leporinus
multifasciatus
leporinus, multi-banded Loricaria
filamentosa
catfish, whiptail Macrognathus
aculeatus
eel, spiny Macropodus opercularis
(only males of length 6 cm & over)
paradise fish Megalamphodus spp.
tetras Melanochromis auratus
auratus Melanochromis simulans
auratus Mesonauta festivus
festivum (albino prohibited)
Metynnis spp.
silver dollars (length 4 cm & over)
Moenkhausia spp.
tetra Monodactylus argenteus
angel, Malayan/mono/batfish
Monodactylus sebae
mono, African Morulius chrysophekadion
shark, black Myleus rubripinnis
red hook (only males of length 8 cm &
over) Nannacara anomala
acara, golden dwarf Nannacara
aureocephalus
cichlid, golden head Nannacara taenia
cichlid, dwarf lattice Nannostomus
spp.
pencil fish Nematobrycon spp.
tetra, emperor Neolamprologus
brichardi
Burundi, Princess of Neolamprologus
cylindricus
cichlid, Tanganyikan Neolamprologus
leleupi
cichlid, lemon (only yellow morph of
length 5 cm & over) Neolamprologus
meeli
cichlid, African (length 5 cm & over)
Neolamprologus ocellatus
cichlid, African (length 5 cm & over)
Ophthalmotilapia spp.
threadfin/cichlid, blacknosed Oryzias
latipes
medaka, golden Osteochilus hasselti
barb, bony lipped Osteochilus vittatus
barb, bony lipped
Otocinclus arnoldi
catfish, sucker Oxygaster
oxygastroides
barb, glass Pantodon buchholzi
butterfly fish Papiliochromis
altispinosa
cichlid, Bolivian butterfly
Papiliochromis ramirezzii
ram Paracheirodon axelrodi
tetra, cardinal Paracheirodon innesi
tetra, neon Paracyprichromis
nigripinnis
blue neon cyprichromis
Parauchenipterus fisheri
woodcat (only males of length 7 cm &
over) Parosphromenus deissneri
licorice gourami (only males of length
4 cm & over) Pelvicachromis pulcher
kribensis Pelvicachromis subocellatus
kribensis Pelvicachromis taeniatus
kribensis Petitella georgiae
false rummy nose Phenacogrammus
interruptus
tetra, congo Pimelodella pictus
cat, pictus Pimelodus ornatus
cat, pictus Poecilia latipinna
mollie, sailfin Poecilia reticulata
guppy Poecilia sphenops
mollie, black Poecilia velifera
mollie, yucatan sailfin Poecilocharax
weitzmani
shining tetra (only males) Prionobrama
filigera
bloodfin, glass Pristella maxillaris
pristella Pseudogastromyzon myersi
sucker, dwarf stone Pterophyllum spp.
angel fish Puntius asoka
barb, asoka Puntius bimaculatus
barb, two spot Puntius conchonius
barb, rosy Puntius cumingi
barb, cummings Puntius filamentosus
barb, black spot Puntius lineatus
barb, striped Puntius nigrofasciatus
barb, ruby Puntius ticto
barb, ticto Puntius vittatus
barb, kooli Rasbora argyrotaenia
rasbora, silver Rasbora borapetensis
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 hengelii
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 Rasbora taeniata
rasbora, blue line Rasbora trilineata
scissortail, black Rasbora
vaterifloris
rasbora, flame Rhodeus amarus
bitterling Rhodeus sericeus
bitterling Semaprochilodus insignis
prochilodus Semaprochilodus taeniurus
prochilodus, flagtail Spathodus
erythrodon
cichlid, blue spotted goby
Sphaerichthys osphronemoides
gourami, chocolate Sturiosoma
panamense
catfish, armoured (only females of
length 8 cm & over) Symphysodon spp.
discus Synodontis decorus
catfish (only males of length 10 cm &
over) Synodontis multipunctatus
catfish, African Synodontis
nigriventris
cat, upsidedown Tanganicodus irsacae
goby cichlid Tanichthys albonubes
white cloud Telmatherina ladigesi
rainbow, celebes Thayeria spp.
tetra, hockeystick Thoracocharax spp.
hatchet, fish Toxotes jaculator
archer, fish Trichogaster leeri
gourami, pearl Trichogaster microlepis
gourami, moonbeam Trichogaster
trichopterus
gourami, golden/gourami,
opaline/gourami, blue Trichopsis
pumilus gourami
Trichopsis vittatus
gourami Trinectes maculatus
flounder, freshwater Triportheus spp.
fish, false hatchet Tropheus spp.
cichlids, African Xiphophous helleri
swordtail Xiphophorus maculatus
platy Xiphophorus variatus
platy, variegated
Division 2 - Marine Fish (Class Pisces)
Family
Genus, species or sub-species
Common Name
Acanthuridae
All species of the family Acanthuridae
Surgeonfish
Anomalopidae
All species of the family Anomalopidae
Flashlight fish
Apogonidae
All species of the family Apogonidae
Cardinal fishes
Balistidae
All species of the family Balistidae
Triggerfish
Blennidae
Cirripectes stigmaticus
Blennies
Ecsenius axelrodi
Ecsenius bicolor
Ecsenius graveri
Ecsenius melarchus
Ecsenius midas
Ecsenius pulcher
Lipophrys nigriceps
Meiacanthus astrodorsalis
Meiacanthus grammistes
Meiacanthus ovalauensis
Brotulidae
All species of the family Brotulidae
Eel-Pouts
Bythitidae
All species of the family Bythitidae
Cusk Eels
Callionymidae
All species of the family Callionymidae
Dragonets
Carangidae
Alectis sp
Trevally
Carapidae
All species of the family Carapidae
Pearlfish
Centriscidae
All species of the family Centriscidae
Razor fish
Chaetodontidae
All species of the family Chaetodontidae
Butterfly fish
Cirrhitidae
All species of the family Cirrhitidae
Hawk fish
Dasyatidae
Taeniura lymma
Stingrays
Ephippididae
All species of the family Ephippididae
Batfish
Gobiidae
Gobiodon sp
Gobies
Lythrypnus sp
Nemateleotris sp
Ptereleotris sp
Signigobius sp
Valenciennea strigata
Grammidae
All species of the family Grammidae
Grammas
Heterodontidae
Heterodontidae zebra
Bullhead sharks
Holocentridae
All species of the family Holocentridae
Squirrel fish
Labridae
All species of the family Labridae
Wrasses
Lobotidae
Lobotes sp
Jumping Cod
Lutjanidae
Macolor sp
Sea perches
Symphorichthys sp
Malacanthidae
All species of the family Malacanthidae
Blanquillos
Monocentrididae
All species of the family Monocentrididae
Pineapple fish
Mugiloididae
All species of the family Mugiloididae
Weevers
Mullidae
All species of the family Mullidae
Goatfish
Muraenidae
All species of the family Muraenidae
Moray eels
Ostraciidae
All species of the family Ostraciidae
Box fish
Pegasidae
All species of the family Pegasidae
Seamoths
Pempherididae
All species of the family Pempherididae
Sweepers
Pholidichthyidae
All species of the family Pholidichthyidae
Convict blennies
Plesiopidae
All species of the family Plesiopidae
Longfins
Plotosidae
Plotosus lineatus
Eel-tailed catfish
Pomacanthidae
All species of the family Pomacanthidae
Angel fish
Pomacentridae
All species of the family Pomacentridae
Damsel fish
Priacanthidae
All species of the family Priacanthidae
Bullseyes
Pseudochromidae
All species of the family Pseudochromidae
Dottybacks
Scaridae
All species of the family Scaridae
Parrotfish
Scolopsidae
Scolopsis bilineatus
Spine-cheeks
Scolopsis (Nemipterus) bleekeri
Scorpaenidae
Brachirus sp
Scorpion fish
Dendrochirus sp
Pterois sp
Rhinopias sp
Serranidae
Anthias sp
Rock Cods
Cromileptes sp
Siganidae
Siganus (Lo) sp
Rabbit fish
Syngnathidae
All species of the family Syngnathidae
Pipe fish
Tetraodontidae
Canthigaster sp
Puffer fish
Zanclidae
All species of the family Zanclidae
Tangs
SCHEDULE 7 Section 16
SPECIES OF NATIVE AUSTRALIAN ANIMALS ELIGIBLE TO BE TREATED
AS HOUSEHOLD PETS
Class
Order
Family
Species
AVES
PSITTACIFORMES
Cacatuidae
Cacatua galerita
(cockatoo, sulphur-crested)
Cacatua roseicapilla
(galah)
Cacatua sanguinea
(corella, little)
Cacatua tenuirostris
(corella, long-billed)
Nymphicus hollandicus
(cockatiel)
Platycercidae
Melopsittacus undulatus
(budgerigar)
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 9A
Register of persons concerned about management programs*3*
SECT
9A.*3* (1) The Designated Authority must maintain a register containing a
list of the names and postal addresses of persons and organisations who are to
be notified of:
(a) proposals for declarations of approved management programs under section
10; and
(b) proposals for declarations of controlled specimens under section 10A.
(2) As soon as practicable after the commencement of this section and on
each anniversary of that commencement, the Designated Authority must give
public notice:
(a) inviting persons and organisations to have their names and postal
addresses entered on the register; and
(b) in the case of the second or a later notice given when there is a person
or organisation on the register - inviting persons and organisations on the
register to have their names and postal addresses left on the register.
(3) A notice must state that the acceptance of an invitation:
(a) is to be in writing sent to the Designated Authority at a place
specified in the notice accompanied, except in the case of an invitation under
paragraph (2) (b), by particulars of the name and postal address of the
acceptor; and
(b) is to be given:
(i) in the case of a person, or organisation, in existence on the
publication of the notice - within one month after that publication; and
(ii) in any other case - within 12 months after that publication.
(4) Where a person or organisation accepts an invitation in the way required
by the notice, the Designated Authority is to enter, or retain, the name and
postal address of the person or organisation on the register.
(5) The Designated Authority may vary the address on the register of a
person or organisation at the written request of the person or organisation.
(6) The Designated Authority must remove the name and address of a person or
organisation from the register if:
(a) in the case of a name and address that was on the register before the
most recent notice under subsection (2) - the invitation to keep that name and
address on the register was not accepted within one month after the
publication of that notice; or
(b) the person or organisation makes a written request for the removal; or
(c) the Designated Authority becomes satisfied that:
(i) in the case of a natural person - the person has died; or
(ii) in any other case - the person or organisation has ceased to
exist.
(7) In subsection (2), a reference to public notice is a reference to a
notice published:
(a) in the Gazette; and
(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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 9B
Views of concerned persons to be considered before making declarations
SECT
9B.*3* (1) Where the Minister proposes to:
(a) declare an approved management program under section 10; or
(b) declare a controlled specimen under section 10A;
the Designated Authority must send each person and organisation on the
register maintained under section 9A written notice of the proposal and,
without contravening the Privacy Act 1986, sufficient information to enable
the person or organisation to consider adequately the merits of the proposal.
(2) A person or organisation on the register may give the Designated
Authority written comments on the proposal within one month after its receipt
of the notice or such longer period as the Designated Authority determines.
(3) The Minister is not to make the proposed declaration unless the Minister
has considered all comments on the proposal given under subsection (2).
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 10
Approved management programs
SECT
10.*3* (1) Subject to any regulations referred to in subsection (2), the
Minister may, by instrument under the Minister's 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 the Minister 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 the Minister shall declare a management program to be
an approved management program.
(3) The Minister may make a declaration about a management program even
though he or she considers that the program should be an approved management
program only:
(a) during a particular period; or
(b) while certain circumstances exist; or
(c) while a certain condition is complied with;
but:
(d) in such a case, the instrument of declaration is to specify the period,
circumstances or condition; and
(e) where paragraph (b) or (c) applies - the Minister is to revoke the
declaration if he or she becomes satisfied that:
(i) those circumstances have ceased to exist; or
(ii) that condition has been contravened.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 10A
Controlled specimens
SECT
10A.*3* (1) In this section:
"ordinary Australian specimen" means a specimen that is, or is derived from,
a native Australian animal or a native Australian plant other than:
(a) a live native Australian animal of a species included in the sub-phylum
vertebrata, not being a fish; or
(b) a specimen specified in Part I of Schedule 1; or
(c) a specimen specified in Part I of Schedule 3;
"ordinary specimen" means a specimen other than:
(a) a live animal; or
(b) a specimen specified in Part I of Schedule 1; or
(c) a specimen specified in Part I of Schedule 3.
(2) Where the Minister decides that it would be consistent with the object
of this Act for ordinary Australian specimens of a particular kind to be taken
from a particular place in Australia or an external Territory otherwise than
in accordance with an approved management program and exported, he or she may,
by signed instrument published in the Gazette , declare those specimens so
taken to be controlled specimens for the purposes of this Act.
(3) Where the Minister decides that it would be consistent with the object
of this Act for ordinary specimens of a particular kind to be taken in a
particular place in a foreign country otherwise than in accordance with an
approved management program and imported, he or she may, by signed instrument
published in the Gazette, declare those specimens so taken to be controlled
specimens for the purposes of this Act.
(4) The Minister may make a decision under subsection (2) or (3) about
specimens of a particular kind even though the decision is:
(a) limited to specimens taken during a particular period; or
(b) limited to a particular number or other quantity of the specimens; or
(c) subject to the existence of particular circumstances; or
(d) subject to compliance with a particular condition;
but:
(e) in such a case, the instrument of declaration is to specify the period,
quantity, circumstances or condition; and
(f) where paragraph (c) or (d) applies - the Minister is to revoke the
declaration that the specimens are controlled specimens if he or she becomes
satisfied that:
(i) those circumstances have ceased to exist; or
(ii) that condition has been contravened.
(5) The Minister, in making a decision about specimens for the purposes of
subsection (2) or (3), is to take into account advice from the Designated
Authority on:
(a) the size of the populations of the animals or plants from which the
specimens would be taken; and
(b) the potential impact on those populations of taking the specimens; and
(c) any management program relating to those animals or plants; and
(d) the extent of controls over the taking, possession and disposal of the
specimens; and
(e) the extent of any proposed or potential export or import, as the case
requires, of the specimens for commercial purposes; and
(f) any other prescribed matter.
(6) The Designated Authority must maintain a register containing
descriptions of the controlled specimens.
(7) The register is to set out opposite to each description of controlled
specimens the date of the declaration of the specimens.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 11
Approved institutions
SECT
11. (1) Subject to any regulations referred to in subsection (2), the
Designated Authority may, by instrument under the Designated Authority's 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 subsection (1) to be an approved institution in
relation to any class, a particular class, or particular classes, of specimens
unless the Designated Authority 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 the Designated Authority
will declare an organization referred to in subsection (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 subsection (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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 12
Approved zoological organizations
SECT
12. (1) Subject to any regulations referred to in subsection (2), the
Designated Authority may, by instrument under the Designated Authority's 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 the
Designated Authority 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 the Designated Authority 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 13
Inter zoological gardens transfer
SECT
13.*3* (1) 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, or a relevant approved institution, 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, exhibition or research;
(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:
(i) where the exporter or the sender is an approved zoological
organisation, either:
(A) an approved zoological organisation; or
(B) a relevant approved institution; or
(ii) where the exporter or the sender is a relevant approved
institution - an approved zoological organisation;
in relation to a class of specimens that includes that specimen.
(2) In this section, "relevant approved institution" means an approved
institution that is also a prescribed scientific organisation.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 14
Breeding in captivity
SECT
14. For the purposes of this Act, a live animal of a particular kind shall
be taken to have been bred in captivity if, and only if, it was bred in
circumstances declared by the regulations to be circumstances the breeding in
which of:
(a) any live animal;
(b) any live animal of that kind; or
(c) any live animal included in a class of live animals that includes live
animals of that kind;
would constitute breeding in captivity.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 15
Artificial propagation
SECT
15. For the purposes of this Act, a live plant of a particular kind shall be
taken to have been artificially propagated if, and only if, it was propagated
in circumstances declared by the regulations to be circumstances the
propagation in which of:
(a) any live plant;
(b) any live plant of that kind; or
(c) any live plant included in a class of live plants that includes live
plants of that kind;
would constitute artificial propagation.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 16
Export of household pets - native Australian animals
SECT
16.*3* (1) 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;
(e) it is not proposed to export (whether by virtue of this subsection or
otherwise) 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; and
(f) it is not proposed to export (whether by virtue of this subsection or
otherwise) more than 6 animals (including the animal referred to in paragraph
(a) or the animal and one other animal of that species) of species specified
in Schedule 7 that have been kept as household pets by the exporter or the
members of the household of the exporter.
(2) The export of a live native Australian animal of the species
Melopsittacus undulatus (common name budgerigar) from Australia or from an
external Territory is an export of a household pet in accordance with this
section if:
(a) the animal was bred in captivity;
(b) the exporter has owned and kept the animal as a household pet;
(c) 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
(d) it is not proposed to export (whether by virtue of this subsection or
otherwise) 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.
(3) The export before 1 May 1987 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:
(i) for not less than 2 years immediately preceding the export;
and
(ii) since a day on or before 1 May 1984;
(c) the exporter has been ordinarily resident in Australia or that
Territory, as the case may be:
(i) for not less than 3 years immediately preceding the export;
and
(ii) since a day on or before 1 May 1984; and
(d) it is not proposed to export (whether by virtue of this subsection or
otherwise) 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 16A
Export of household pets - other animals
SECT
16A. The export of a live animal, other than a 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 exporter has owned and kept the animal as a household pet; and
(b) the exporter is leaving Australia or that Territory, as the case may be,
with the intention of taking up residence in another country.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 17
Designated Authority
SECT
17. There shall be a Designated Authority for the purposes of this Act.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 18
Constitution of Designated Authority
SECT
18. (1) On and after the commencement of this Act and unless and until any
appointment is made under subsection (2), the Designated Authority is the
Director, but the Director may resign the office of Designated Authority under
subsection (5).
(2) Subject to subsection (1), the Designated Authority:
(a) shall be a person appointed by the Minister;
(b) shall be appointed on a part-time basis;
(c) holds office at the pleasure of the Minister; and
(d) may be the Director or a person who is an officer or employee within the
meaning of the Public Service Act 1922.
(3) A person shall not be appointed to be the Designated Authority unless
the person 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 the person 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 or her office by writing signed
by the Designated Authority and delivered to the Minister.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 19
Remuneration and allowances of Designated Authority
SECT
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, the Designated Authority 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 20
Acting Designated Authority
SECT
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 the 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 subsection (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 subsection (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 the person resigns the appointment by writing signed by the
person and delivered to the Minister.
(6) Where a person is acting as Designated Authority, the person 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
subsection (1) shall not be called in question on the ground that the occasion
for the appointment or acting had not arisen, that there is a defect or
irregularity in or in connection with the appointment, that the appointment
had ceased to have effect or that the occasion for the person to act had not
arisen or had ceased.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - PART II
PART II - REGULATION OF EXPORT AND IMPORT OF SPECIMENS
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 1
Division 1 - Prohibition of certain exports and imports
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 21
Certain exports prohibited
SECT
21.*3* 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 10
years, or both; or
(b) if the person is a body corporate - $200,000.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 22
Certain imports prohibited
SECT
22.*3* 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 10
years, or both; or
(b) if the person is a body corporate - $200,000.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISOIN 2
Division 2 - Permits to export or to import specimens
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 23
Application for permit
SECT
23.*3* (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 the Minister to deal
with the application (including the purpose of enabling the Designated
Authority to advise the Minister 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 the Minister to
deal with the application (including the purpose of enabling the Designated
Authority to advise the Minister 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 24
Grant of permit
SECT
24.*3* (1) Subject to this Act, the Minister may, in the Minister's
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 subsection (3), the Minister shall give a decision under
subsection (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 or her 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 subsection (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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 3
Division 3 - Requirements for permits to export specimens
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 25
Permits to export not to be granted if detrimental to survival of kind
of animals or plants
SECT
25.*3* The Minister shall not grant a permit to export a specimen unless the
Designated Authority has advised the Minister that the Designated Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 26
Permits to export not to be granted in respect of specimens unlawfully
obtained etc.
SECT
26.*3* The Minister shall not grant a permit to export a specimen unless the
Designated Authority has advised the Minister that the Designated Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 27
Requirements for permits to export live animals and live plants
SECT
27.*3* (1) The Minister shall not grant a permit to export a live animal
unless the Designated Authority has advised the Minister that the Designated
Authority is satisfied that:
(a) the proposed recipient of the animal is equipped to provide, and will
provide, suitable care for the animal; and
(b) the animal will be prepared and shipped so that the risk of:
(i) injury to the animal;
(ii) adverse effect on the health of the animal; and
(iii) cruel treatment of the animal;
is minimised.
(2) The Minister shall not grant a permit to export a live plant unless the
Designated Authority has advised the Minister that the Designated Authority is
satisfied that the plant will be prepared and shipped so that the risk of:
(a) injury to the plant; and
(b) adverse effect on the health of the plant;
is minimised.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 28
Requirements for permits to export - Schedule 1
SECT
28.*3* Subject to section 32, the Minister shall not grant a permit to
export a specimen specified in Part I of Schedule 1 unless the Designated
Authority has advised the Minister that the Designated Authority 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;
(ii) the proposed export would be an inter zoological gardens
transfer; or
(iii) in the case of a live animal, other than a native Australian
animal, the proposed export would be an export of a household pet in
accordance with section 16A;
(c) where the specimen is a live native Australian animal of a species
included in the sub-phylum VERTEBRATA, that the proposed export:
(i) would be an inter zoological gardens transfer; or
(ii) is for the purposes of prescribed scientific research;
(d) where the specimen is an animal specimen, other than a live native
Australian animal of a species included in the sub-phylum VERTEBRATA, 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 29
Requirements for permits to export - Schedule 2
SECT
29.*3* 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 the Minister that the Designated Authority is
satisfied:
(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;
(ia) the proposed export would be an inter zoological gardens
transfer;
(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;
or
(iii) in the case of a live animal, other than a live native
Australian animal, the proposed export would be an export of a household pet
in accordance with section 16A;
(c) where the specimen is a live native Australian animal of a species
included in the sub-phylum VERTEBRATA, that the proposed export:
(i) would be an inter zoological gardens transfer;
(ii) is for the purposes of prescribed scientific research; or
(iii) would be an export of a household pet in accordance with
section 16;
(d) where the specimen is an animal specimen, other than a live native
Australian animal of a species included in the sub-phylum VERTEBRATA, 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;
(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; or
(v) in the case of a specimen that is, or is derived from, a
native Australian animal, the specimen is, or is derived from, a controlled
specimen; 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;
(iii) the specimen is, or is derived from, a plant specimen that
was taken in accordance with an approved management program; or
(iv) the specimen is, or is derived from, a plant specimen that is
a controlled specimen.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 30
Requirements for permits to export - Schedule 3
SECT
30.*3* 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 the Minister that the Designated Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 31
Requirements for permits to export - native Australian animals and
plants
SECT
31.*3* 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 the Minister that the Designated Authority 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 or from an
animal of a species which is not included in the sub-phylum VERTEBRATA, that:
(i) the specimen is, or is derived from, a live animal that was
bred in captivity;
(ii) the specimen is, or is derived from, an animal specimen that
was taken in accordance with an approved management program; or
(iii) the specimen is, or is derived from, an animal specimen that
is a controlled specimen;
(c) where the specimen is an animal specimen, other than a live animal,
that:
(i) the proposed export would be an inter zoological gardens
transfer;
(ii) the proposed export is for the purposes of prescribed
scientific research;
(iii) the specimen is derived from a live animal that was bred in
captivity;
(iv) the specimen is, or is derived from, an animal specimen that
was taken in accordance with an approved management program; or
(v) the specimen is, or is derived from, an animal specimen that
is a controlled specimen; 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;
(iii) the specimen is, or is derived from, a plant specimen that
was taken in accordance with an approved management program; or
(iv) the specimen is, or is derived from, a plant specimen that is
a controlled specimen.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 32
Permits to re-export
SECT
32.*3* (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 the Minister that the Designated Authority 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, in the case of a specimen specified in Part I of Schedule 1 or
Part I of Schedule 3:
(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 the Minister that the Designated Authority 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, in the case of a specimen specified in Part I of Schedule 1 or
Part I of Schedule 3:
(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 Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 4
Division 4 - Requirements for permits to import specimens
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 33
Permits to import not to be granted if detrimental to survival of kind
of animals or plants
SECT
33.*3* 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 the Minister that the Designated
Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 34
Requirements for permits to import live animals and live plants
SECT
34.*3* The Minister shall not grant a permit to import a live animal or a
live plant unless the Designated Authority has advised the Minister that the
Designated Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 35
Requirements for permits to import certain live animals and live plants
SECT
35.*3* (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 the Minister that the Designated Authority is satisfied:
(a) that:
(i) the proposed recipient is an approved institution in relation
to a class of specimens that includes that live animal; or
(ii) the proposed import would be an inter zoological gardens
transfer; 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 the
Minister that the Designated Authority 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 the Minister that the Designated Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 36
Requirements for permits to import - Schedule 1
SECT
36.*3* (1) Subject to subsection (2), the Minister shall not grant a permit
to import a specimen specified in Part I of Schedule 1 unless the Designated
Authority has advised the Minister that the Designated Authority 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:
(i) the proposed sender is an approved institution in relation to
a class of specimens that includes that live animal; or (ii) the proposed
import would be an inter zoological gardens transfer;
(c) where the specimen is an animal specimen, that:
(i) the proposed import would be an inter zoological gardens
transfer;
(ii) the proposed import is for the purposes of prescribed
scientific research; or
(iii) the specimen is, or is derived from, a live animal that was
bred in captivity; and
(d) where the specimen is a plant specimen, that:
(i) the proposed import is for the purposes of prescribed
scientific research; or
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated.
(2) The Minister may grant a permit to import a specimen specified in Part I
of Schedule 1, other than a live animal, if the Designated Authority has
advised the Minister that the Designated Authority is satisfied that:
(a) the country from which the specimen is proposed to be imported has a
relevant authority;
(b) a relevant authority of that country has issued a certificate under
paragraph 2 of Article VII of the Convention in respect of the specimen; and
(c) the specimen is not an object of trade.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 37
Requirements for permits to import - Schedule 2
SECT
37.*3* (1) Subject to subsection (2), the Minister shall not grant a permit
to import a specimen specified in Part I of Schedule 2 unless the Designated
Authority has advised the Minister that the Designated Authority 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:
(i) the proposed sender is an approved institution in relation to
a class of specimens that includes that live animal; or (ii) the proposed
import would be an inter zoological gardens transfer;
(c) where the specimen is an animal specimen, that:
(i) the proposed import would be an inter zoological gardens
transfer;
(ii) the proposed import is for the purposes of prescribed
scientific research;
(iii) the specimen is, or is derived from, a live animal that was
bred in captivity;
(iv) the specimen is, or is derived from, an animal specimen that
was taken in accordance with an approved management program; or
(v) the specimen is, or is derived from, an animal specimen that
is a controlled specimen; and
(d) where the specimen is a plant specimen, that:
(i) the proposed import is for the purposes of prescribed
scientific research;
(ii) the specimen is, or is derived from, a live plant that was
artificially propagated;
(iii) the specimen is, or is derived from, a plant specimen that
was taken in accordance with an approved management program; or
(iv) the specimen is, or is derived from, a plant specimen, that
is a controlled specimen.
(2) The Minister may grant a permit to import a specimen specified in Part I
of Schedule 2, other than a live animal, if the Designated Authority has
advised the Minister that the Designated Authority is satisfied that:
(a) the country from which the specimen is proposed to be imported has a
relevant authority;
(b) a relevant authority of the country from which the specimen is proposed
to be imported has issued a certificate under paragraph 2 of Article VII of
the Convention in respect of the specimen; and
(c) the specimen is not an object of trade.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 38
Requirements for permits to import - Schedule 3
SECT
38.*3* The Minister shall not grant a permit to import a specimen specified
in Part I of Schedule 3 unless it appears to the Minister, after consultation
with the Designated Authority, that there are exceptional circumstances
justifying the grant of the permit and the Designated Authority has advised
the Minister that the Designated Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 38A
SECT
38A.*3* * * * * *
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISOIN 5
Division 5 - Authorities to export or to import specimens
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 39
Application for authority
SECT
39. Subsections 23 (4) and (5) and 24 (2) and (3) apply in relation to an
application for an authority under this Division in like manner as they apply
in relation to an application for a permit under section 23 and, for the
purposes of those subsections as so applying, the references in those
subsections to a permit shall be read as references to an authority.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 40
Register of scientific organizations
SECT
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 subsection (1) shall set out opposite to
the name of a scientific organization entered in the register:
(a) the address of that organization;
(b) the date on which the name of the organization was entered in the
register; and
(c) such other particulars as the Designated Authority considers
appropriate.
(3) Subject to any regulations referred to in subsection (4), the Designated
Authority may, in the Designated Authority's discretion, enter in the register
maintained under subsection (1) the name of a scientific organization in
Australia, in an external Territory or in another country.
(4) The regulation:
(a) may provide that the Designated Authority shall not enter the name of a
scientific organization in the register maintained under subsection (1) unless
the Designated Authority is satisfied of certain matters in relation to the
organization;
(b) may prescribe matters that are to be taken into account by the
Designated Authority when determining whether the Designated Authority will
enter the name of a scientific organization in that register; or
(c) may provide that the name of a scientific organization may be entered in
that register if the name of the organization is set out in, or in a specified
part of, the latest edition of a publication specified in the regulations.
(5) A scientific organization in Australia, in an external territory or in
another country may apply to the Designated Authority to have its name entered
in the register maintained under subsection (1).
(6) An application under subsection (5) shall be made in accordance with the
prescribed form or, if no form is prescribed, a form approved by the
Designated Authority.
(7) Subject to any regulations referred to in subsection (8), the Designated
Authority may, in the Designated Authority's discretion, remove the name of a
scientific organization from the register maintained under subsection (1).
(8) The regulations:
(a) may provide that the Designated Authority shall not remove the name of a
scientific organization from the register maintained under subsection (1)
unless the Designated Authority is satisfied of certain matters in relation to
the organization;
(b) may prescribe matters that are to be taken into account by the
Designated Authority when determining whether the Designated Authority will
remove the name of a scientific organization from that register; or
(c) may provide that the name of a scientific organization may be removed
from that register if the name of the organization ceases to be set out in, or
in a specified part of, the latest edition of a publication specified in the
regulations.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 41
Authority to export or import scientific specimens
SECT
41.*3* (1) In this section:
"prescribed specimen" means a specimen other than a live animal;
"registered scientific institution" means a scientific organization the name
of which is entered in the register maintained under subsection 40 (1).
(2) A registered scientific institution may make an application, in writing,
to the Minister for an authority under this section to:
(a) export prescribed specimens, or specimens included in a class of
prescribed specimens, being specimens the export of which, otherwise than in
accordance with a permit or an authority, is prohibited by section 21, in
pursuance of:
(i) arrangements for the non-commercial loan of prescribed
specimens by the registered scientific institution to other registered
scientific institutions;
(ii) arrangements for the donation of prescribed specimens by the
registered scientific institution to other registered scientific institutions;
or
(iii) arrangements for the exchange of prescibed specimens between
the registered scientific institution and other registered scientific
institutions;
being arrangements for the purposes of scientific research;
(b) import prescribed specimens, or specimens included in a class of
prescribed specimens, being specimens the import of which, otherwise than in
accordance with a permit or an authority, is prohibited by section 22, in
pursuance of:
(i) arrangements for the non-commercial loan of prescribed
specimens to the registered scientific institution by other registered
scientific institutions;
(ii) arrangements for the donation of prescribed specimens to the
registered scientific institution by other registered scientific institutions;
or
(iii) arrangements for the exchange of prescribed specimens
between the registered scientific institution and other registered scientific
institutions;
being arrangements for the purposes of scientific research;
(c) re-import prescribed specimens exported in pursuance of arrangements
referred to in subparagraph (a) (i); and
(d) re-export prescribed specimens imported in pursuance of arrangements
referred to in subparagraph (b) (i).
(3) Subject to subsection (4), the Minister shall give an authority under
this section to a registered scientific institution that has made an
application for the authority under subsection (2).
(4) The Minister shall not give an authority under this section unless the
Designated Authority has advised the Minister that the Designated Authority is
satisfied that:
(a) the recipient of any live plant that is not specified in Schedule 5 or 6
imported by virtue of the authority will be an approved institution in
relation to a class of specimens that includes that live plant; and
(b) specimens exported or imported by virtue of the authority will be
exported or imported in pursuance of arrangements specified in paragraph (2)
(a) or (2) (b).
(5) An authority under this section:
(a) shall be in writing;
(b) comes into force on the date on which it is given; and (c) subject to
section 46, remains in force while the scientific organization to which the
authority was given remains a registered scientific institution.
(6) An authority under this section to export or to import specimens shall
set out particulars of a kind of label to be borne by the containers in which
the specimens are to be exported or imported, as the case may be, and the
authority shall be taken to be only an authority to export or to import the
specimens, as the case may be, while they are in containers that bear labels
of that kind.
(7) Subject to subsection (8), where a registered scientific institution
that holds an authority under this section wishes to foster scientific
research by an individual, that institution may, by instrument in writing,
declare that individual to be an affiliate of that institution and, while the
declaration is in force:
(a) arrangements for the loan of prescribed specimens by or to that
individual shall, for the purposes of this section, be taken to be
arrangements for the loan of prescribed specimens by or to, as the case may
be, that institution;
(b) arrangements for the donation of prescribed specimens by or to that
individual shall, for the purposes of this section, be taken to be
arrangements for the donation of prescribed specimens by or to, as the case
may be, that institution;
(c) arrangements for the exchange of prescribed specimens between that
individual and another registered scientific institution shall, for the
purposes of this section, be taken to be arrangements for the exchange of
prescribed specimens between the first-mentioned institution and that other
institution; and
(d) arrangements for the exchange of prescribed specimens between that
individual and another individual in respect of whom another declaration under
this subsection is in force shall, for the purposes of this section, be taken
to be arrangements for the exchange of prescribed specimens between the
first-mentioned institution and the registered scientific institution that
made that other declaration.
(8) A registered scientific institution shall not make a declaration under
subsection (7) in relation to an individual without the consent in writing of
the Designated Authority and shall revoke such a declaration if requested by
the Designated Authority in writing to do so.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 42
Authority to export or import artificially propagated plants
SECT
42.*3* (1) A person may make an application to the Minister for:
(a) an authority under this section to export artificially propagated plants
that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3;
(b) an authority under this section to export artificially propagated native
Australian plants that are specimens not specified in Part I of Schedule 1,
Part I of Schedule 2 or Part I of Schedule 3; or
(c) an authority under this section to import artificially propagated plants
that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3.
(2) An application under subsection (1) shall be made in accordance with the
prescribed form, or, if no form is prescribed, a form approved by the
Minister.
(3) Subject to subsections (4) and (5), the Minister may, in the Minister's
discretion, give, or refuse to give, an authority under this section to a
person who has made an application for the authority under subsection (1).
(4) The Minister shall not give an authority under subsection (3) to export
or to import plants unless the Designated Authority has advised the Minister
that the Designated Authority is satisfied that plants that would be exported
or imported by virtue of the authority will have been artificially propagated.
(5) The Minister shall not give an authority under subsection (3) to import
live plants that are not specified in Schedule 5 or 6 unless the Designated
Authority has advised the Minister that the Designated Authority 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 42A
Authority to export certain specimens
SECT
42A.*3* (1) In this section, "prescribed class" means a class of specimens
the description of which is entered in the register maintained under
subsection (3).
(2) The Minister may, on the recommendation of the Designated Authority,
give the Designated Authority notice, in writing, that a class of specimens
described in the notice, not being a class of:
(a) specimens specified in Part I of Schedule 1;
(b) specimens specified in Part I of Schedule 2 that are not, or are not
derived from, live plants that were artificially propagated;
(c) specimens specified in Part I of Schedule 3; or
(d) specimens that are live native Australian animals of a species included
in the sub-phylum VERTEBRATA, other than fish;
is to be a prescribed class for the purposes of this section.
(3) The Designated Authority shall maintain a register containing a
description of each class of specimens described in a notice which has been
given to the Designated Authority under subsection (2).
(4) A person may make an application to the Minister for an authority under
this section to export specimens included in a specified prescribed class.
(5) An application under subsection (4) shall be made in accordance with the
prescribed form, or, if no form is prescribed, a form approved by the
Minister.
(6) Subject to subsection (7), the Minister may, in the discretion of the
Minister, give or refuse to give, an authority under this section to export
specimens included in a particular prescribed class to a person who has made
an application for the authority under subsection (4).
(7) The Minister shall not give an authority under subsection (6) to export
specimens unless the Designated Authority has advised the Minister that the
Designated Authority is satisfied that the specimens that would be exported by
virtue of the authority would be:
(a) in the case of animal specimens:
(i) specimens that are, or are derived from, live animals that
were bred in captivity;
(ii) specimens that are, or are derived from, animal specimens
that were taken in accordance with an approved management program; or
(iii) specimens that are, or are derived from, animal specimens
that are controlled specimens; or
(b) in the case of plant specimens:
(i) specimens that are, or are derived from, live plants that were
artificially propagated;
(ii) specimens that are, or are derived from, plant specimens that
were taken in accordance with an approved management program; or
(iii) specimens that are, or are derived from, plant specimens
that are controlled specimens.
(8) An authority under this section:
(a) shall be in writing;
(b) comes into force on the day on which it is given; and
(c) subject to section 46, remains in force for a period of 12 months
commencing on the day on which it is given or, if a lesser period is specified
in the authority, that lesser period.
(9) A person who has been given an authority under this section shall, when
the authority is produced to an officer of Customs or an inspector in
accordance with subsection 45 (1) in relation to the export of specimens to
which the authority applies, give the officer or inspector, or cause the
officer or inspector to be given, particulars in writing of those specimens in
accordance with a form approved by the Designated Authority.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 42B
Authority to import certain specimens
SECT
42B.*3* (1) In this section:
"prescribed class" means a class of specimens the description of which is
entered in the register maintained under subsection (3);
"prescribed research" means scientific research the description of which is
entered in the register maintained under subsection (5).
(2) The Minister may, on the recommendation of the Designated Authority,
give the Designated Authority notice, in writing, that a class of specimens
described in the notice, not being a class of specimens in Part I of Schedule
1, Part I of Schedule 2 or Part I of Schedule 3, is to be a prescribed class
for the purposes of this section.
(3) The Designated Authority shall maintain a register containing a
description of each class of specimens described in a notice which has been
given to the Designated Authority under subsection (2).
(4) The Minister may inform the Designated Authority, by notice in writing,
that scientific research described in the notice is to be prescribed research
for the purposes of this section.
(5) The Designated Authority shall maintain a register containing
descriptions of the scientific research notice of which has been given to the
Designated Authority under subsection (4).
(6) A person may make an application to the Minister for an authority under
this section to import specimens included in a specified prescribed class.
(7) An application under subsection (6) shall be made in accordance with the
prescribed form, or, if no form is prescribed, a form approved by the
Minister.
(8) Subject to subsection (9), the Minister may, in the discretion of the
Minister, give or refuse to give, an authority under this section to import
specimens included in a particular prescribed class to a person who has made
an application for the authority under subsection (6).
(9) The Minister shall not give an authority under subsection (8) to import
specimens unless the Designated Authority has advised the Minister that the
Designated Authority is satisfied that:
(a) the recipient of any specimens imported in accordance with the authority
will be an approved institution in relation to a class of specimens that
includes those specimens; and
(b) the specimens will be used for the purpose of prescribed research.
(10) An authority under this section:
(a) shall be in writing;
(b) comes into force on the day on which it is given; and
(c) subject to section 46, remains in force for a period of 12 months
commencing on the day on which it is given or, if a lesser period is specified
in the authority, that lesser period.
(11) Where a specimen to which an authority under this section applies is
imported, the holder of the authority shall, within 7 days after the
importation of the specimen, give the Designated Authority, or cause to be
given to the Designated Authority, particulars in writing of that specimen.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 43
Authority to export or import for the purposes of travelling circuses
etc.
SECT
43.*3* (1) In this section, "exhibition" includes a zoo or menagerie.
(2) Where a person wishes to export a specimen, other than a live native
Australian animal, the export of which, otherwise than in accordance with a
permit or an authority, is prohibited by section 21, from Australia or from an
external Territory for the purpose of the use of the specimen in a circus or
an exhibition that is proposed to be, or has been, temporarily taken out of
Australia or that Territory, as the case may be, that person may make an
application to the Minister for an authority under this section to export that
specimen for that purpose.
(3) Where a person wishes to import a specimen, other than a live native
Australian animal, the import of which, otherwise than in accordance with a
permit or an authority, is prohibited by section 22, into Australia or into an
external Territory for the purpose of the use of the specimen in a circus or
an exhibition that is proposed to be, or has been, temporarily brought into
Australia or that Territory, as the case may be, that person may make an
application to the Minister for an authority under this section to import that
specimen for that purpose.
(4) An application under subsection (2) or (3) shall:
(a) be in writing;
(b) contain particulars of the specimen to which the application relates;
and
(c) contain particulars of the purpose of the export or import of the
specimen, as the case requires.
(5) Subject to subsection (6), the Minister may, in the Minister's
discretion, give, or refuse to give, an authority under this section to a
person who has made an application for the authority under subsection (2) or
(3).
(6) The Minister shall not give an authority under this section to export or
to import a specimen unless the Designated Authority has advised the Minister
that the Designated Authority is satisfied:
(a) that the specimen will be exported or imported, as the case may be, for
the purpose specified in subsection (2) or (3), as the case may be;
(b) where the specimen is a live animal or a live plant, that:
(i) in the case of an authority to import - the proposed recipient
of the animal or plant is equipped to confine, and will confine, the animal or
plant;
(ii) the proposed recipient of the animal or plant is equipped to
provide, and will provide, suitable care for the animal or plant; and
(iii) the animal or plant will be prepared and shipped (including
prepared and shipped for the subsequent re-importation or re-exportation, as
the case may be) so that the risk of:
(A) injury to the animal or plant;
(B) adverse effect on the health of the animal or
plant; and
(C) in the case of an animal - cruel treatment of the animal;
is minimized; and
(c) except in the case of an authority to import a specimen not referred to
in paragraph 22 (a), that:
(i) the specimen:
(A) in the case of an animal specimen - is, or is derived from,
a live animal that was bred in captivity; or
(B) in the case of a plant specimen - is, or is derived from, a
live plant that was artificially propagated; or
(ii) the specimen was acquired by the applicant:
(A) where the specimen is of a species that was included in an
Appendix to the Convention when the Convention entered into force - before the
Convention entered into force;
(B) where the specimen is of a species that was first included
in an Appendix to the Convention after the Convention came into force and
before the commencement of this Act - before the species was so included;
(C) where a preceding provision of this subparagraph does not
apply to the specimen and the specimen is of a kind to which section 21 or 22,
as the case may be, applied on the commencement of this Act - before that
commencement; or
(D) in any other case - before section 21 or 22, as the case may
be, commenced to apply to specimens of the kind of which the specimen is a
kind.
(7) An authority under this section shall be in writing in the prescribed
form or, if no form is prescribed, a form approved by the Minister.
(8) Without limiting the powers of the Minister under subsection 47 (1), an
authority under this section to export or to import a specimen is subject to
the condition that the holder of the authority will not, without reasonable
excuse, fail to re-import or re-export the specimen, as the case may be,
before the authority expires.
(9) An authority under this section:
(a) comes into force on the date on which it is given; and
(b) subject to section 46, remains in force for a period of 12 months
commencing on the date on which it is given or, if another period is specified
in the authority, that other period.
(10) For the purposes of this Act:
(a) an authority in force under this section to export a specimen from
Australia or an external Territory is also an authority to re-import the
specimen into Australia or that Territory, as the case may be, after its
export in accordance with the authority; and
(b) an authority in force under this section to import a specimen into
Australia or an external Territory is also an authority to re-export that
specimen from Australia or that Territory, as the case may be, after its
import in accordance with the authority.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 43A
Authority for Designated Authority to export or import specimens
SECT
43A. (1) The Designated Authority may make an application, in writing, to
the Minister for an authority under this section to export or import a
specimen.
(2) Subject to subsections (3) and (4), the Minister may give an authority
under this section to the Designated Authority to export or import a specimen
when the Designated Authority has made an application for the authority under
subsection (1).
(3) The Minister shall not give an authority under this section to export a
specimen unless the Minister is satisfied:
(a) that:
(i) the recipient of the specimen will be a relevant authority of
a country; and
(ii) the specimen will be used by that relevant authority for the
purpose of:
(A) the identification of a specimen; or
(B) education or training; or
(b) that:
(i) the specimen has been seized under this Act; and
(ii) the specimen will be used to facilitate investigations
outside Australia in relation to trade relating to wildlife.
(4) The Minister shall not give an authority under this section to import a
specimen unless the Minister is satisfied that:
(a) the specimen will be used by the Designated Authority for the purposes
of the identification of a specimen;
(b) that:
(i) the sender of the specimen will be a relevant authority of a
country; and
(ii) the specimen will be used for the purpose of education or
training;
(c) that the specimen was exported from Australia in contravention of this
Act; or
(d) that the specimen will be used to facilitate investigations in Australia
in relation to trade relating to wildlife.
(5) An authority under this section:
(a) shall be in writing;
(b) comes into force on the day on which it is given; and
(c) subject to section 46, remains in force for a period of 12 months
commencing on the day on which it is given or, if a lesser period is specified
in the authority, that lesser period.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 44
Authority to export or import in exceptional circumstances
SECT
44.*3* (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 the Minister
that the Designated Authority is satisfied in relation to a matter; and
(c) the Designated Authority has advised the Minister that, though the
Designated Authority is not satisfied in relation to that matter, the
Designated Authority is satisfied that:
(i) the export or import of the specimen, as the case may be,
would not be contrary to the object of this Act; and
(ii) exceptional circumstances exist that justify the proposed
export or import of the specimen;
the Minister may, in the Minister's discretion, give public notice:
(d) that the Minister is considering giving the person authority under this
section to export or to import the specimen, as the case may be;
(e) setting out the conditions (if any) that the Minister would impose in
accordance with section 47 in respect of that authority; and
(f) inviting interested persons to lodge with the Minister, not later than a
date specified in the notice (not being a date earlier than 5 days after the
last date of publication of the notice) and at a place specified in the
notice, comments in writing on the desirability of the Minister giving that
authority.
(2) Where:
(a) the Minister has given public notice under subsection (1) that the
Minister is considering giving a person an authority under this section to
export or to import a specimen; and
(b) the Minister has considered, and discussed with the Designated
Authority, any comments lodged in response to that notice;
the Minister may, in the Minister's discretion, give, or refuse to give, an
authority under this section to that person to export or to import the
specimen, as the case may be.
(3) An authority under this section:
(a) shall be in writing;
(b) comes into force on the date on which it is given; and
(c) subject to section 46, remains in force for a period of 6 months
commencing on the date on which it is given or, if a lesser period is
specified in the authority, that lesser period.
(4) In subsection (1), a reference to public notice is a reference to a
notice published:
(a) in the Gazette;
(b) in each State and internal Territory in a newspaper circulating
generally in that State or Territory; and
(c) in each external Territory that the Minister considers appropriate (if
any) in a newspaper circulating generally in that external Territory.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 6
Division 6 - Permits and Authorities
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 45
Permit or authority to be produced
SECT
45.*3* (1) For the purposes of this Act, where the holder of a permit or an
authority (other than an authority under section 41) to export a specimen
exports that specimen, he or she shall not be taken to have exported that
specimen in accordance with that permit or authority unless, before exporting
the specimen, he or she:
(a) produced the permit or authority, or caused the permit or authority to
be produced, to:
(i) where the export is from Australia - an officer of Customs; or
(ii) where the export is from an external Territory - an
inspector;
doing duty in relation to the export of the specimen; or
(b) received written notice from the Designated Authority authorising the
export of the specimen without the production of the permit or authority.
(1A) The Designated Authority must not give the notice referred to in
paragraph (1) (b) unless he or she:
(a) is satisfied that the production of the permit or authority is
impracticable; and
(b) endorses a copy of the permit or authority to show that the notice is
being given; and
(c) makes that copy available to an officer of Customs, or an inspector,
doing duty in relation to the export of the specimen.
(2) Subject to section 56A, for the purposes of this Act, where the holder
of a permit or an authority (other than an authority under section 41) to
import a specimen imports that specimen, he or she shall not be taken to have
imported that specimen in accordance with that permit or authority unless,
before, or within a reasonable time after, importing the specimen, he or she
produced the permit or authority, or caused the permit or authority to be
produced, to:
(a) where the import is into Australia - an officer of Customs; or
(b) where the import is into an external Territory - an inspector;
doing duty in relation to the import of the specimen.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 46
Revocation etc. of permits and authorities
SECT
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, the Minister is
satisfied that:
(a) a provision of this Act relating to the permit or authority, or a
condition imposed in respect of the permit or authority, has been contravened;
or
(b) it is necessary or expedient to do so for the furtherance of the object
of this Act.
(2) The Minister may, at any time, by notice in writing served on the holder
of a permit or an authority, suspend the permit or authority where, after
consultation with the Designated Authority, the Minister believes on
reasonable grounds that:
(a) a provision of this Act relating to the permit or authority, or a
condition imposed in respect of the permit or authority, has been contravened;
or
(b) it is necessary or expedient to do so for the furtherance of the object
of this Act.
(3) A suspension of a permit or an authority may be of indefinite duration
or for a period specified in the notice.
(4) The suspension of a permit or an authority is not affected by any
proceedings for an offence in relation to the permit or authority (including
any appeal) or by the termination of any such proceedings.
(5) During the period of suspension of a permit or an authority, the permit
or authority has no force or effect, but the period of currency of the permit
or authority continues to run.
(6) The suspension of a permit or an authority does not prevent its
revocation.
(7) The variation, revocation or suspension of a permit or an authority
takes effect when notice of the variation, revocation or suspension, as the
case may be, is served on the holder of the permit or authority or on such
later date (if any) as is specified in the notice.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 47
Conditions in respect of permits and authorities
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 47A
SECT
47A.*3* * * * * *
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 48
Compliance with conditions of permit or authority
SECT
48.*3* The holder of a permit or an authority who contravenes, or fails to
comply with, a condition imposed under subsection 47 (1) in respect of the
permit or authority or, in the case of an authority under section 43, the
condition to which the authority is subject under subsection 43 (8), is guilty
of an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person - $10,000; or
(b) if the person is a body corporate - $20,000.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 49
Applications to Minister to vary operation of permits or authorities
SECT
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
subsection 47 (1) in respect of the permit or authority.
(2) The holder of a permit or an authority that is suspended may make
application to the Minister for the cancellation of that suspension.
(3) The Minister shall, within 60 days after the receipt of an application
under subsection (1) or (2):
(a) if, after consultation with the Designated Authority, the Minister is
satisfied that the application should be granted:
(i) revoke the condition;
(ii) vary the condition in accordance with the application; or
(iii) cancel the suspension of the permit or authority;
as the case may be; or
(b) if, after consultation with the Designated Authority, the Minister is
not so satisfied - refuse to grant the application.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 50
Conditions relating to imported animals
SECT
50.*3* (1) Without limiting the powers of the Minister under subsection 47
(1), a permit or an authority to import a live animal is subject to the
condition that the holder of the permit or authority will not, without the
approval in writing of the Designated Authority:
(a) sell or otherwise dispose of that animal, or any progeny of that animal,
to another person;
(b) release that animal, or any progeny of that animal, from captivity; or
(c) where that animal, or any progeny of that animal, dies - bury, cremate,
sell or otherwise dispose of the body, or any part of the body, of the dead
animal.
(2) The Designated Authority shall not, for the purposes of subsection (1),
approve of the sale or other disposal of a live animal to a person if the
keeping of the animal by that person would be contrary to a law of a State or
of a Territory.
(3) Without limiting the generality of subsection (1), a person shall, for
the purposes of that subsection, be taken to have released an animal from
captivity if that animal has escaped from captivity and that person allowed
the animal so to escape or failed to take all reasonable measures to prevent
the animal from so escaping.
(4) The holder of a permit or an authority who 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 51
Conditions relating to imported plants
SECT
51.*3* (1) Without limiting the powers of the Minister under subsection 47
(1), a permit or an authority to import a live plant that is not specified in
Schedule 5 or 6 is subject to the condition that the holder of the permit or
authority will not, without the approval in writing of the Designated
Authority:
(a) sell or otherwise dispose of that plant, or any progeny of that plant,
to another person;
(b) plant or sow that plant, or any progeny of that plant, so that that
plant or any progeny of that plant would be in, or could spread to, a place
that is not under the control of the holder; or
(c) where that plant, or any progeny of that plant, dies - bury, burn, sell
or otherwise dispose of the plant or any part of the plant.
(2) The Designated Authority shall not, for the purposes of subsection (1),
approve of the sale or other disposal of a live plant to a person if the
keeping of the plant by that person would be contrary to a law of a State or
of a Territory.
(3) Without limiting the generality of subsection (1), a person shall, for
the purposes of that subsection, be taken to have planted or sown a plant if
that plant was planted or sown (including sown without human intervention) and
that person allowed the plant to be so planted or sown or failed to take all
reasonable measures to prevent the plant from being so planted or sown.
(4) The holder of a permit or an authority who 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION
6A
Division 6A - (ss. 51A-51E) (Not in operation see Note 3)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 7
Division 7 - Miscellaneous
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 52
Matters published in Gazette
SECT
52.*3* (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:
(b) permits granted or authorities given;
(c) refusals to grant permits or to give authorities; and
(d) specimens exported or imported in accordance with permits or
authorities.
(2) Where, in accordance with subsection (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 subsection (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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 53
Possession of illegally imported specimens
SECT
53.*3* (1) A person who:
(a) without reasonable excuse (proof of which lies upon the person) has in
his or her possession, whether on board any vessel or aircraft or otherwise,
any specimen that has been imported in contravention of this Act; or
(b) without reasonable excuse (proof of which lies upon the person) has in
his or her possession any specimen that he knows, or has reasonable grounds
for suspecting, has been imported in contravention of this Act;
is guilty of an offence.
(2) On the prosecution of a person for an offence against subsection (1),
being an offence to which paragraph (1) (a) applies, it is a defence if the
person proves that he or she did not know, and had no reasonable grounds for
knowing or suspecting, that the specimen in the person's possession had been
imported in contravention of this Act.
(3) On the prosecution of a person for an offence against subsection (1),
being an offence to which paragraph (1) (b) applies, it is a defence if the
person proves that the specimen was not imported in contravention of this Act.
(4) Any defence for which provision is made under subsection (2) or (3) in
relation to an offence does not limit any defence otherwise available to the
person charged.
(5) A person who is guilty of an offence against subsection (1) is
punishable upon conviction by 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 the person is not
liable to be punished twice in respect of any one offence.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 53A,
53B
SECT
53A, 53B.*3* * * * * *
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 54
Specimens in personal effects of visitors to Australia
SECT
54.*3* (1) Where:
(a) a person, other than a person who permanently resides, or intends
permanently to reside, in Australia, has arrived in Australia;
(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; and
(ba) the person disclosed the existence of the specimen to an inspector
before, or as soon as practicable after, arriving in Australia;
that person may:
(c) surrender the specimen to an inspector;
(d) state to the inspector his or her full name, an address at which he or
she may be contacted and his or her permanent address outside Australia; and
(e) inform the inspector of the date on which he or she proposes to depart
from Australia;
and the person shall, for the purposes of this Act, be taken not to have
imported that specimen.
(2) Where a person complies with subsection (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 that person
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) of this section and of section 56A; and
(vi) specifying the address of the Designated Authority to which
notifications for the purposes of subsection (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
subsection (1).
(3) Where a person who has complied with subsection (1) changes the date on
which he or she proposes to depart from Australia, he or she may notify the
Designated Authority in writing of the change.
(4) Subject to subsections (5), (7) and (8) of this section and to section
56A, where a person has complied with subsection (1) in relation to a
specimen, the Designated Authority shall take all reasonable steps to enable
that person to take the specimen with him or her if and when that person
leaves Australia from the port or airport at which that person surrendered the
specimen on the date specified in relation to the specimen under paragraph (1)
(e) or notified by that person under subsection (3), as the case requires.
(5) Subject to subsection (8) of this section and to section 56A, a person
who has complied with subsection (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 subsection (1) leaves Australia with that person or in accordance with
arrangements referred to in subsection (5), that leaving by the specimen shall
be taken not to constitute the export of the specimen.
(7) Subject to section 56A, 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 subsection (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), being costs 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 subsection (7) in any way that
could result in the specimen becoming an object of trade.
(11) In this section, "Australia" includes:
(a) Norfolk Island;
(b) the Territory of Cocos (Keeling) Islands; or
(c) the Territory of Christmas Island.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 55
Specimens in personal effects of intending residents of Australia
SECT
55.*3* (1) Where:
(a) a person who intends to reside permanently in Australia has arrived in
Australia;
(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; and
(ba) the person disclosed the existence of the specimen to an inspector
before, or as soon as practicable after, arriving in Australia;
that person may:
(c) surrender the specimen to an inspector; and
(d) state to the inspector his or her full name and an address at which he
or she may be contacted;
and that person shall, for the purposes of this Act, be taken not to have
imported that specimen.
(2) Where a person complies with subsection (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
subsections (3), (4), (5) and (6) of this section and of section 56A; 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
subsection (1).
(3) Subject to subsection (6) of this section and to section 56A, a person
who has complied with subsection (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 subsection (1) leaves Australia in accordance with arrangements referred
to in subsection (3), that leaving by the specimen shall be taken not to
constitute the export of the specimen.
(5) Subject to section 56A, where:
(a) a person has surrendered a specimen in compliance with this section;
and
(b) arrangements referred to in subsection (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 subsection (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), being costs 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 subsection (5) in any way that
could result in the specimen becoming an object of trade.
(9) In this section, "Australia" has the same meaning as it has in section
54.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 56
Specimens in personal effects of residents of Australia
SECT
56.*3* (1) Where:
(a) a person who resides permanently in Australia has arrived back in
Australia;
(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; and
(ba) the person disclosed the existence of the specimen to an inspector
before, or as soon as practicable after, arriving in Australia;
that person may surrender the specimen to an inspector, and that person shall,
for the purposes of this Act, be taken not to have imported that specimen.
(1A) Where a person complies with subsection (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
subsection (2) of this section and of section 56A; 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
subsection (1).
(2) Subject to section 56A, a specimen surrendered by a person in
accordance with subsection (1) is, at the expiration of the period of one
month commencing on the day of the surrender of the specimen, forfeited to the
Commonwealth and, subject to subsection (3), may be disposed of in accordance
with the directions of the Designated Authority.
(3) A specimen shall not be disposed of under subsection (2) in any way that
could result in the specimen becoming an object of trade.
(5) In this section, "Australia" has the same meaning as it has in section
54.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 56A
Release of surrendered specimens
SECT
56A.*3* (1) Subject to this section, where a specimen, other than a live
animal, is in the custody of the Commonwealth because it has been surrendered
by a person under section 54, 55 or 56, not being a specimen that has been
forfeited to the Commonwealth, an application may be made by that person under
section 23 for the grant of a permit to import the specimen.
(2) An application by virtue of subsection (1) in respect of a specimen may
be made and dealt with, and a permit to import the specimen may be granted
because of the application, as if:
(a) the specimen had not been imported; and
(b) the specimen were proposed to be imported from the country from which it
was imported.
(3) The Minister shall not grant a permit pursuant to an application made by
virtue of subsection (1) in respect of a specimen unless the Designated
Authority has advised the Minister that the Designated Authority is
satisfied:
(a) where the specimen is an animal specimen, that:
(i) the specimen:
(A) is derived from a live animal that was bred in captivity; or
(B) is, or is derived from, an animal specimen that was taken in
accordance with an approved management program;
(ii) the country from which the specimen was imported has a
relevant authority; and
(iii) a permit or certificate authorising the export of the
specimen from that country was given by a relevant authority of that country
before the export;
(b) where the specimen is a plant specimen, that:
(i) the specimen is, or is derived from:
(A) a live plant that was artificially propagated; or
(B) a plant specimen that was taken in accordance with an
approved management program;
(ii) the country from which the specimen was imported has a
relevant authority; and
(iii) a permit or certificate authorising the export of the
specimen from that country was given by a relevant authority of that country
before the export;
(c) that:
(i) the country from which the specimen was imported has a
relevant authority; and
(ii) a relevant authority of the country issued a certificate
under paragraph 2 of Article VII of the Convention in respect of the specimen
before the export of the specimen from that country; or
(d) that:
(i) the country from which the specimen was imported is a country
for which the Convention has entered into force;
(ii) the export of the specimen from that country was not contrary
to the laws of that country or of any part of that country; and
(iii) the specimen was acquired by the applicant:
(A) where the specimen is of a species that was included in an
Appendix to the Convention when the Convention entered into force - before the
Convention entered into force;
(B) where the specimen is of a species that was first included
in an Appendix to the Convention after the Convention came into force and
before the commencement of this Act - before the species was so included;
(C) where a preceding provision of this subparagraph does not
apply to the specimen and the specimen is of a kind to which section 22
applied on the commencement of this Act - before that commencement; or
(D) in any other case - before section 22 commenced to apply to
specimens of the kind of which the specimen is a kind.
(4) Subject to subsections 54 (8) and 55 (6) and to subsection (6), where:
(a) a permit to import a specimen has been granted because of an application
made by virtue of subsection (1); and
(b) the holder of the permit produces the permit to an inspector doing duty
in relation to the custody of the specimen;
an inspector shall release the specimen to the holder of the permit.
(5) Where a specimen is released to a person in accordance with subsection
(4), the specimen shall, for the purposes of this Act, be deemed to have been
imported by the person in accordance with the permit at the time at which it
was released.
(6) A specimen surrendered under section 56 shall not be released in
accordance with subsection (4) unless and until the person who surrendered the
specimen has paid all costs incurred by the Commonwealth in relation to the
custody of the specimen (including any costs of transporting the specimen),
being costs 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) Where:
(a) an application has been made by virtue of subsection (1) in respect of a
specimen; and
(b) the period specified in subsection 54 (7), 55 (5) or 56 (2), as the case
requires, at the end of which, but for this subsection, the specimen would be
forfeited to the Commonwealth expires while the application is under
consideration or after a permit to import the specimen has been granted;
the specimen is not forfeited to the Commonwealth because of subsection 54
(7), 55 (5) or 56 (2), as the case requires.
(8) Where:
(a) an application made by virtue of subsection (1) in respect of a specimen
is withdrawn or finally disposed of without the issue of a permit to import
the specimen; and
(b) but for subsection (7), the specimen would have been forfeited to the
Commonwealth;
the specimen is forfeited to the Commonwealth and, subject to subsection (10),
may be disposed of in accordance with the directions of the Designated
Authority.
(9) Where:
(a) a permit to import a specimen has been granted because of an application
made by virtue of subsection (1);
(b) but for subsection (7), the specimen would have been forfeited to the
Commonwealth; and
(c) the specimen is not released in accordance with subsection (4) within
one month after the grant of the permit;
the specimen is forfeited to the Commonwealth and, subject to subsection (10),
may be disposed of in accordance with the directions of the Designated
Authority.
(10) A specimen shall not be disposed of under subsection (8) or (9) in any
way that could result in the specimen becoming an object of trade.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 57
Uncertainty regarding specimen
SECT
57.*3* (1) In this section, "prescribed specimen" means a specimen that the
Minister, the Designated Authority or an inspector believes on reasonable
grounds:
(a) has been exported;
(b) has been imported;
(c) is proposed to be exported; or
(d) is proposed to be imported.
(2) An inspector may ask any person who the inspector believes on reasonable
grounds has information in respect of a prescribed specimen any question
regarding the nature or origin of the specimen.
(3) Where:
(a) an inspector has asked a person a question in accordance with subsection
(2) in respect of a prescribed specimen; and
(b) that person has not answered that question or has not answered that
question to the satisfaction of the inspector;
the inspector may seize the specimen and retain it until:
(c) that person answers that question or answers that question to the
satisfaction of the inspector, as the case may be;
(d) the inspector becomes satisfied as to the nature or origin of the
specimen;
(e) the Designated Authority becomes satisfied as to the nature and origin
of the specimen and informs the inspector that the Designated Authority is
satisfied as to those matters;
(f) the Minister makes a declaration under subsection (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 subsection (3),
the inspector 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 the
Designated Authority is not satisfied as to the nature or origin of a
prescribed specimen, the Minister may, by writing signed by the Minister,
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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - PART IIA
PART IIA - (ss. 57A-57Z, 57ZA-57ZQ)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - PART III
PART III - ADMINISTRATION*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 1
Heading to Division (Not in operation)1*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 58
Appointment of inspectors
SECT
58.*3* The Minister may, by instrument in writing, appoint a person as an
inspector.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 59
Inspectors ex officio
SECT
59. By force of this section:
(a) any officer of Customs;
(b) any member of the Australian Federal Police; and
(c) any member of the police force of an external Territory;
is an inspector.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 60
Arrangements for State and Territory officers to be inspectors
SECT
60.*3* (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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 61
Identity cards
SECT
61.*3* (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 or her
under subsection (1) ceases to be an inspector, that person shall forthwith
return the identity card to the Minister.
Penalty: $100.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 2
Heading to Division 2 (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 62
Boarding of vessels etc. by inspectors
SECT
62.*3* (1) This section applies to:
(a) any Australian vessel, Australian aircraft or Australian platform;
(b) any vehicle, vessel or aircraft that is in Australia or an external
Territory;
(c) any vessel, or any aircraft capable of landing on water, that is in
Australian waters; and
(d) any aircraft that is over Australia, an external Territory or
Australian waters.
(2) An inspector may, with such assistance as he or she 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 or she 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 goods 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 the inspector finds committing,
or whom the inspector suspects on reasonable grounds of having committed, an
offence against this Act to state that person's 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 or she
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 or she 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, the inspector 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 or she 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 or she is an officer of Customs; or
(c) in any other case - produce his or her identity card for inspection by
that person;
and, if he fails to do so, the inspector is not authorized to remain, or to
require any person assisting the inspector 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 or she 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 or she is an officer of Customs;
or
(c) in any other case - produce his or her identity card for inspection by
that person;
and, if the inspector 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 the person by an inspector under this section or by the
person in command of a Commonwealth ship or a Commonwealth aircraft under
subsection (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;
"goods" includes documents but does not include any specimen or any article
to which subsection 4 (2) applies.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 63
Access to premises*3*
SECT
63.*3* (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 goods 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 subsection (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 goods 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 the inspector 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 subsection (3) shall specify a date after which the
warrant ceases to have effect.
(5) Where an inspector has entered any premises in pursuance of subsection
(1) or in pursuance of a warrant granted under subsection (3), he or she may
exercise the functions of an inspector in accordance with section 64.
(6) In this section:
"goods" includes documents but does not include any specimen or any article
to which subsection 4 (2) applies.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 64
Functions of inspectors*3*
SECT
64.*3* (1) The functions of an inspector who boards a vehicle, vessel,
aircraft or platform under section 62 or enters premises under section 63
are:
(a) to search the vehicle, vessel, aircraft, platform or premises, as the
case may be;
(b) to inspect, take extracts from, and make copies of, any document that
relates to the export or import of any prescribed specimen; and
(c) to inspect, and take samples of, any prescribed specimen.
(2) For the purposes of carrying out any functions under subsection (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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 3
Division 3 (ss. 64A-64P) (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 4
Division 4 (ss. 64Q, 64R) (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 65
Powers of arrest of inspectors
SECT
65.*3* (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 subsection (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 or she 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 or she is an officer of Customs;
or
(c) in any other case - produce his or her identity card for inspection by
that person.
(3) Where a person is arrested under subsection (1), an inspector shall
without unreasonable delay bring the person, or cause the person 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 5
Heading to Division 5 (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT
65A-65C
SECT
65A-65C*3* * * * * *
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 6
Division 6 (ss. 65D-65L) (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 66
Persons to assist inspectors
SECT
66.*3* (1) Subject to subsection (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 or she 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 or she is an officer of Customs;
or
(c) in any other case - produce his or her identity card for inspection by
that person;
and, if the inspector fails to do so, that person is not obliged to comply
with the request.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 7
Heading to Division 7 (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 67
Power to search baggage etc.
SECT
67.*3* (1) An inspector may examine any goods that are to be, are being, or
have been, taken on or off a prescribed vessel or any goods that the inspector
believes, on reasonable grounds, to be such goods.
(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, goods that
the inspector is examining or entitled to examine under subsection (1) any
question in respect of the goods.
(3) A person shall not, without reasonable excuse, refuse or fail to answer
a question put to the person under subsection (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 or
her on the vessel;
"examine" includes:
(a) in relation to goods that are baggage, open and search the baggage; and
(b) in relation to goods in a container, open and search the container;
"goods" includes a specimen and baggage;
"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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 68
Obstruction of inspectors
SECT
68.*3* A person shall not, without reasonable excuse, obstruct or hinder an
inspector in the exercise of the inspector's powers under this Act.
Penalty: $2,000 or imprisonment for 12 months, or both.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 8
Heading to Division 8 (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 69
Seizure and forfeiture of specimens
SECT
69.*3* (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 subsection (2)) used
or otherwise involved in the commission of the offence.
(2) An inspector may seize any specimen that the inspector 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 subsection (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 subsection (4), where a specimen is seized by an inspector
under subsection (2), the inspector 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 subsection 69 (2) and specifying
the reason for the seizure; and
(c) setting out the terms of subsection (5).
(4) An inspector is not required to serve a notice under subsection (3) in
relation to a specimen if:
(a) after making such inquiries as the inspector thinks appropriate, the
inspector does not, within 20 days after the specimen was seized, have
sufficient information to enable him or her to serve the notice; or
(b) the Minister is required to serve a notice under subsection 70 (2).
(5) Where a specimen is seized under subsection (2), the owner of the
specimen may, within 30 days after the seizure, or, where a notice is served
under subsection (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 or her 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 or her, forfeited to the
Commonwealth or disposed of under subsection 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 subsection 70 (1);
the specimen is forfeited to the Commonwealth.
(6) In any action in a court brought under subsection (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 subsection (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
could 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 subsection (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 the inspector 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION 9
Heading to Division 9 (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 69A
Separation of certain articles
SECT
69A.*3* (1) Where:
(a) an article that:
(i) has been surrendered under section 54, 55 or 56; or
(ii) has been seized by an inspector under section 69;
consists of:
(iii) a specimen and other material;
(iv) 2 or more specimens; or
(v) 2 or more specimens and other material;
(b) a person whom the inspector is satisfied is the owner of the article, or
is authorised by that owner to make a request under this section in relation
to the article, requests an inspector, in writing, to allow the article to be
separated by a person into 2 or more articles at least one of which will be an
article that, if it were outside Australia, could be imported without a permit
or authority; and
(c) it is practicable to comply with that request without the article
leaving the control of an inspector;
then an inspector shall comply with that request.
(2) Where, in accordance with subsection (1), an article (in this subsection
referred to as the "original article" ) is separated into 2 or more articles
(in this subsection referred to as the "new articles"), then:
(a) an inspector shall, if it is practicable to do so without significant
cost to the Commonwealth, cause either or any of the new articles that:
(i) consists of material other than a specimen; or
(ii) is a specimen, or consists of specimens, that, if it were
outside Australia, could be imported without a permit or an authority;
to be returned to the person who made the request under subsection (1) in
relation to the original article;
(b) where the original article was surrendered under a section of this Act -
the new article, or new articles, that cannot be returned to the owner of the
original article under paragraph (a) shall be taken to have been surrendered
under that section when the original article was surrendered under that
section;
(c) where the original article was seized under section 69 - the new
article, or new articles, that cannot be returned to the owner of the original
article under paragraph (a) shall be taken to have been seized under that
section when the original article was seized under that section; and
(d) the separation of the original article shall not affect the commission
of any offence.
(3) No action or other proceeding shall be instituted in any court to
recover damages in respect of any loss alleged to have been incurred, or any
damage alleged to have been suffered, because of any action taken by an
inspector under this section.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - DIVISION
10
Division 10 (ss.69B-69W) (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 70
Disposal of certain live animals and plants seized
SECT
70.*3* (1) Where:
(a) any specimen, being a live animal or live plant, is seized under
subsection 69 (2); and
(b) the Minister considers on reasonable grounds that it is not appropriate
that that specimen be retained in accordance with that subsection 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 the
Minister considers appropriate.
(2) Subject to subsection (3), where a specimen is dealt with in accordance
with subsection (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
subsection 69 (3) - stating that the specimen has been seized under subsection
69 (2) and specifying the reason for the seizure;
(c) stating that the specimen has been dealt with under subsection 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 subsection (4).
(3) The Minister is not required to serve a notice under subsection (2) in
relation to a specimen if, after making such inquiries as the Minister thinks
appropriate, the Minister does not, within 20 days after dealing with the
specimen, have sufficient information to enable the Minister to serve the
notice.
(4) Where a specimen is dealt with in accordance with subsection (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 subsection (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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 71
Seizure and forfeiture of goods involved in offences
SECT
71.*3* (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 the inspector 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 subsection (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 the Minister 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 goods (not being goods to which subsection
(2) applies) that the inspector believes on reasonable grounds will afford
evidence of the commission of an offence against this Act or the regulations
and may retain them 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 they 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, platforms
and documents but does not include any specimen or any article to which
subsection 4 (2) applies.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 71A
Rescuing goods
SECT
71A.*3* (1) A person who:
(a) rescues any goods that have been, or are about to be, seized under this
Act; or
(b) staves, breaks or destroys any goods, or destroys any documents relating
to, any goods to prevent the seizure of goods, the securing of goods, or the
proof of any offence under this Act;
is guilty of an offence punishable upon conviction by a fine not exceeding
$5,000 or imprisonment for a term not exceeding 2 years.
(2) In this section, "goods" includes vehicles, vessels, aircraft,
platforms, specimens and documents.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - PART IV
Heading to PART IV (Not in operation)*3*
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 72
False statements
SECT
72.*3* (1) A person who, in, or in connection with, an application for a
permit or an authority:
(a) makes a statement that, to the person's knowledge, is false or
misleading in a material particular; or
(b) furnishes to an inspector or other person doing duty in relation to this
Act a document that, to the knowledge of the first-mentioned person, contains
information that is false or misleading in a material particular;
is guilty of an offence punishable, on conviction, by:
(c) if the person is a natural person - a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both; or
(d) if the person is a body corporate - a fine not exceeding $20,000.
(2) A person who:
(a) makes to an inspector doing duty in relation to this Act a statement
that, to the knowledge of the person, is false or misleading in a material
particular; or
(b) furnishes to an inspector doing duty in relation to this Act a document
that, to the knowledge of the person, contains information that is false or
misleading in a material particular;
is guilty of an offence punishable, on conviction, by a fine not exceeding:
(c) if the person is a natural person - $2,000; or
(d) if the person is a body corporate - $5,000.
(3) For the purposes of the application of subsections (1) and (2) in
relation to a corporation but without prejudice to the liability of any person
other than the corporation:
(a) a statement made, or a document furnished, by a person acting on behalf
of the corporation shall be deemed to have been made or furnished by the
corporation; and
(b) the knowledge of any person employed by, or concerned in the management
of, the corporation shall be deemed to be knowledge of the corporation.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 73
Indictable offences
SECT
73.*3* (1) An offence against section 21, 22, 48, 50, 51, 53 or 71A or
subsection 72 (1) is an indictable offence.
(2) Notwithstanding that an offence referred to in subsection (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 subsection (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 subsection (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 subsection (2), a court of summary
jurisdiction convicts a person of an offence against section 71A or subsection
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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 74
Evidence
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 75
Evidence of examiner
SECT
75. (1) The Minister may appoint appropriately qualified persons to be
examiners for the purposes of this Act.
(2) Subject to subsection (4), a certificate signed by an examiner appointed
under subsection (1) setting out, in relation to a substance, matter or thing
one or more of the following:
(a) that he or she is appointed as the examiner under subsection (1);
(b) when and from whom the substance, matter or thing was received;
(c) what labels or other means of identification accompanied the substance,
matter or thing when it was received;
(d) what container held the substance, matter or thing when it was
received;
(e) a description, including the weight, of the substance, matter or thing
when it was received;
(f) the name of any method used to analyse the substance, matter or thing or
any portion of it;
(g) the results of any such analysis;
(h) how the substance, matter or thing was dealt with after handling by the
examiner, including details of:
(i) the quantity of the substance, matter or thing retained after
analysis; and
(ii) names of any person to whom any of the substance, matter or
thing was given after analysis; and
(iii) measures taken to secure any retained quantity of the
substance, matter or thing after analysis;
is admissible in any proceeding for an offence against this Act as prima facie
evidence of the matters in the certificate and the correctness of the results
of the analysis.
(3) For the purposes of this section, a document purporting to be a
certificate referred to in subsection (2) shall, unless the contrary is
established, be deemed to be such a certificate.
(4) A certificate shall not be admitted in evidence in pursuance of
subsection (2) in proceedings for an offence against this Act unless the
person charged with the offence has been given a copy of the certificate
together with reasonable notice of the intention to produce the certificate as
evidence in the proceedings.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 75A
Protection of witness
SECT
75A. (1) A witness for the prosecution in any proceedings for an offence
against this Act shall not be compelled to disclose:
(a) the fact that the witness received any information;
(b) the nature of any information received by the witness; or
(c) the name of the person who gave the witness any information.
(2) An inspector who is a witness in any proceedings for an offence against
this Act shall not be compelled to produce any report:
(a) that was made or received by the inspector in confidence in his or her
capacity of an inspector; or
(b) that contains information received by the inspector in confidence.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 76
Delegation by Minister
SECT
76.*3* (1) The Minister may, either generally or as otherwise provided by
the instrument of delegation, by writing signed by the Minister, delegate to
the Designated Authority or another person all or any of the Minister's powers
under this Act, other than:
(a) the Minister's powers under section 9;
(b) the Minister's powers under section 24 in relation to an application for
a permit to export a specimen specified in Part I of Schedule 3;
(c) the Minister's powers under section 24 in relation to an application for
a permit to import a specimen specified in Part I of Schedule 3;
(ca) the powers of the Minister under section 43A; and
(e) this power of delegation.
(2) A power so delegated, when exercised by the delegate shall, for the
purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power
by the Minister.
(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 the Minister that the
Designated Authority 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 the Designated Authority is satisfied in relation to that
matter.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 76A
Delegation by Designated Authority
SECT
76A.*3* (1) The Designated Authority, with the approval, in writing, of the
Minister, may, either generally or as otherwise provided by the instrument of
delegation, by writing signed by the Designated Authority, delegate to an
officer or employee of the Australian National Parks and Wildlife Service all
or any of the powers of the Designated Authority under this Act, other than
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 Designated
Authority.
(3) A delegation under this section does not prevent the exercise of the
power by the Designated Authority.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 77
Arrangements by Minister*3*
SECT
77.*3* 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.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 78
Co-operation with States and Territories
SECT
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 subsection (1) to a Minister of the Northern Territory
shall be read as a reference to a person holding an office referred to in
section 34 of the Northern Territory (Self-Government) Act 1978.
(3) The Minister shall ensure that:
(a) management programs for the purposes of this Act relating to the taking
in or near Norfolk Island of specimens of native Australian animals or native
Australian plants;
(b) proposed amendments to a Schedule, other than Schedule 8, (including
amendments that would be deemed to be made by declarations under section 9)
that would involve or affect native Australian animals or native Australian
plants found in or near Norfolk Island;
(c) conditions to which permits or authorities are subject, being conditions
relating to the confinement of live animals and live plants imported into
Norfolk Island; and
(d) the requirements to be met by organizations that are to be entitled by
virtue of this Act to receive live animals and live plants imported into
Norfolk Island;
are formulated or determined, as the case requires, in accordance with
procedures that provide for the participation of a person holding an office
under section 13 of the Norfolk Island Act 1979 whom the Minister considers to
be appropriate for the purpose.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 79
Fees
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 80
Review on decisions
SECT
80.*3* (1) An application may be made to the Administrative Appeals Tribunal
for a review of:
(a) a declaration by the Minister under subsection 10 (1);
(aa) the revocation by the Minister under paragraph 10 (3) (e) of a
declaration;
(ab) a declaration by the Minister under subsection 10A (2) or
(3);
(ac) the revocation by the Minister under paragraph 10A (4) (f) of a
declaration;
(b) a declaration by the Designated Authority under subsection 11 (1) or 12
(1);
(c) a refusal by the Designated Authority of an application made under
subsection 11 (3) or 12 (3);
(d) a requirement by the Minister under subsection 23 (5);
(e) a decision of the Designated Authority that the Designated Authority is
satisfied, or not satisfied, in relation to a matter for the purposes of
section 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or 38;
(f) a decision of the Minister to grant, or refuse to grant, a permit, other
than a permit to export, or a permit to import, a specimen specified in Part I
of Schedule 3;
(g) a determination by the Minister for the purposes of paragraph 24 (5) (b)
of the period for which a permit is to remain in force;
(h) a refusal by the Designated Authority of an application made under
subsection 40 (5);
(j) a decision of the Designated Authority under subsection 40 (7) to remove
the name of a scientific organization from the register maintained under
subsection 40 (1);
(k) a decision of the Designated Authority that the Designated Authority is
satisfied, or not satisfied, in relation to a matter for the purposes of
section 41 or 42, subsection 42A (7) or 42B (9), section 43 or 44 or
subsection 56A (3);
(l) a decision of the Minister to give, or refuse to give, an authority
under section 42, 42A, 42B or 43;
(m) a determination by the Minister for the purposes of paragraph 42 (6) (c)
of the period for which an authority under section 42 is to remain in force;
(ma) a determination by the Minister for the purposes of paragraph 42A (8)
(c) of the period for which an authority under section 42A is to remain in
force;
(mb) a determination by the Minister for the purposes of paragraph 42B (10)
(c) of the period for which an authority under section 42B is to remain in
force;
(n) a determination by the Minister for the purposes of paragraph 43 (9) (b)
of the period for which an authority under section 43 is to remain in force,
being a period of less than 12 months;
(o) a determination by the Minister for the purposes of paragraph 44 (3) (c)
of the period for which an authority under section 44 is to remain in force;
(p) a decision of the Minister to vary, revoke or suspend a permit or
authority under section 46;
(q) a determination by the Minister of the period of suspension of a permit
or authority for the purposes of subsection 46 (3);
(r) an imposition under subsection 47 (1) of conditions in respect of a
permit or an authority;
(s) a decision of the Minister to revoke, suspend, vary, or cancel a
suspension of, a condition in respect of a permit or an authority under
subsection 47 (1);
(t) a refusal by the Minister of an application under subsection 49 (1) or
(2);
(u) a decision by the Designated Authority to give, or refuse to give, an
approval under subsection 50 (1) or 51 (1); or
(v) a declaration by the Minister under subsection 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 the Designated Authority is satisfied, or not
satisfied, in relation to a matter for the purposes of section 25, 27, 33 or
34 or paragraph 43 (6) (b), the President of the Tribunal shall ensure that,
for the purposes of the review, the Tribunal is constituted by, or includes, a
member of the Tribunal who, in the opinion of the President, has special
knowledge or skill in relation to environmental matters.
(3) Where the Minister or the Designated Authority makes a decision of a
kind referred to in subsection (1) and gives to the person or persons whose
interests are affected by the decision notice in writing of the making of the
decision, that notice shall include a statement to the effect that, subject to
the Administrative Appeals Tribunal Act 1975, application may be made to the
Administrative Appeals Tribunal for review of the decision to which the notice
relates by or on behalf of the person or persons whose interests are affected
by the decision.
(4) Any failure to comply with the requirements of subsection (3) in
relation to a decision shall not be taken to affect the validity of the
decision.
(5) In subsection (1), "decision" has the same meaning as it has in the
Administrative Appeals Tribunal Act 1975.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 81
Regulations
SECT
81.*3* The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act;
and, in particular:
(c) providing for the manner of service of notices under this Act;
(d) providing for forms to be completed, or declarations to be made, in
relation to specimens by persons arriving in Australia or an external
Territory; and
(e) prescribing penalties not exceeding $500 for offences against the
regulations.
*3* The Wildlife Protection (Regulation of Exports and Imports) Act 1982 was
amended by Wildlife Protection (Regulation of Exports and Imports) Amendment
Act 1995, section 2 of which provides as follows:
"2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(2) Subject to subsections (3) and (4), the items of the Schedules commence
on a day or days to be fixed by Proclamation.
"(3) If an item of a Schedule (other than an item of Schedule 14) does not
commence under subsection (2) within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
"(4) If an item of Schedule 14 does not commence under subsection (2) within
the period of 11 months beginning on the day on which this Act receives the
Royal Assent, it commences on the first day after the end of that period."
As at 6 December 1995 no date had been fixed and the amendments are not
incorporated in this reprint. They are set below under the heading "EXTRACTS
FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT
1995"
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SECT 82
Customs (Endangered Species) Regulations
SECT
82. (1) The Customs (Endangered Species) Regulations made under the Customs
Act 1901 are repealed.
(2) Notwithstanding the repeal by subsection (1) of the regulations referred
to in that subsection, where an import permit, an export permit or a re-export
certificate granted under those regulations was in force immediately before
the commencement of this Act:
(a) that permit or certificate shall, subject to those regulations, continue
in force; and
(b) those regulations shall continue to apply in relation to that permit or
certificate;
as if those regulations had not been repealed.
(3) While an import permit, an export permit or a re-export certificate
granted under the regulations referred to in subsection (1) in relation to a
specimen continues in force by virtue of subsection (2), this Act shall not be
taken to prohibit the import, export or re-export, as the case requires, of
the specimen in accordance with those regulations.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SCHEDULE 1
SCH
SCHEDULE 1
PART I - SPECIMENS
A specimen that is an artificially propagated hybrid produced from one or more
of those species or taxa of Plants set out in Part IV, other than a seed or
pollen (including pollinia), cut flowers, seedling or tissue cultures obtained
in vitro, in solid or liquid media, transported in sterile containers of these
hybrids.
A specimen, other than faeces, that is, or is derived from, an animal of a
genus, species or sub-species specified, or described, in Part II.
A specimen, other than faeces, 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 tissue culture or flasked seedling culture, that is
or is derived from, a plant of the family Orchidaceae specified 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.
Division 1- Class Amphibia
ANURA FROGS
Hylidae Litoria spenceri spotted tree frog
Microhylidae Dyscophus antongilii
Myobatrachidae Geocrinea vitellina yellow-bellied frog
Rheobatrachus silus platypus frog
gastric-brooding frog
Rheobatrachus
vitellinus Eungella gastric-brooding
frog
Taudactylus acutirostris sharp-snouted day frog
Taudactylus diurnus southern day frog
Taudactylus eungellensis Eungella day frog
Bufonidae Atelopus varius zeteki Zetek's frog,
(Panamanian) golden or
golden arrow poison frog
Bufo periglenes golden toad
Bufo superciliaris
Nectophrynoides spp
CAUDATA SALAMANDERS
Cryptobranchidae
Andrias (Megalobatrachus)
spp giant salamanders
Division 2 - Class Aves
ANSERIFORMES
Anatidae DUCKS, GEESE, SWANS
Anas aucklandica
(=A.chlorotis/ Auckland Island
flightless teal
A. nesiotis)
Anas nesiotis Campbell Island
flightless teal
or Campbell Island brown
teal
Anas chlorotis New Zealand brown teal
Anas laysanensis Laysan duck or Laysan
teal
(Anas platyrhynchos laysanensis)
Anas oustaleti Marianas duck, Island
duck,
Oustalet's grey mallard
or
Marianas mallard
Branta canadensis
leucopareia Aleutian goose or
Canada goose
Branta sandvicensis Hawaiian goose or Nene
duck
Cairina scutulata white-winged wood duck
Rhodonessa caryophyllacea pink-headed duck
APODIFORMES
Trochilidae HUMMINGBIRDS
Ramphodon (Glaucis)
dohrnii hook billed hermit
CHARADRIIFORMES
Alcidae AUKS
Lunda cirrhata tufted puffin
Uria aalge inornata common murre or guillemot
Laridae GULLS, TERNS
Larus relictus relict or khar gull
Sterna albifrons little tern
Scolopacidae SANDPIPERS, SNIPE
Numenius borealis Eskimo curlew
Numenius tenuirostris slender curlew, billed
or long billed curlew
Scolopax mira Amami woodcock
Tringa guttifer Nordmann's or spotted
greenshank
CICONIIFORMES
Ciconiidae STORKS
Ciconia boyciana Japanese or white
oriental
(Ciconia ciconia
boyciana) stork
Jabiru mycteria jabiru
Mycteria cinerea milky woodstork
Threskiornithidae IBISES, SPOONBILLS
Geronticus eremita hermit ibis
Nipponia nippon Japanese crested ibis
COLUMBIFORMES
Columbidae DOVES, PIGEONS
Caloenas nicobarica Nicobar pigeon or Nicobar
dove
Chalcophaps indica emerald dove
yamashinai
Columba janthina nitens red-headed pigeon, wood
or black wood pigeon
Columba janthina
stejnegeri Stejneger's pigeon,
wood or black wood pigeon
Columba vitiensis
godmanae Lord Howe pigeon
Ducula mindorensis Mindoro imperial pigeon
or Mindoro zone-tailed
pigeon
Gallicolumba norfolciensis
Norfolk Island ground-dove
Hemiphaga novaeseelandiae New Zealand pigeon
spadicea or Norfolk Island race
Petrophassa smithii
blaauwi Western partridge pigeon
CORACIIFORMES
Bucerotidae HORNBILLS
Aceros nipalensis rufous necked hornbill
Aceros subruficollis Blyth's hornbill
Buceros bicornis great pied hornbill or
great Indian hornbill
Buceros (Rhinoplax) vigil helmeted hornbill
FALCONIFORMES
(ACCIPITRIFORMES)
Accipitridae HAWKS, EAGLES
Accipiter gentilis northern goshawk
fugiyamae
Aquila (heliaca
adalberti) adalberti Spanish imperial eagle
Aquila chrysaetos
japonica Japanese golden eagle
Aquila heliaca imperial eagle
Buteo buteo oshiroi Daito Island Buzzard
Buteo buteo toyoshimae Bonin buzzard
Chondrohierax (wilsonii) Cuba(n) hook-billed kite
uncinatus wilsonii
Haliaeetus albicilla white-tailed (sea)
or grey sea eagle
Haliaeetus leucocephalus (American) bald eagle
Haliaeetus pelagicus
pelagicus Steller's sea eagle
Harpia harpyja harpy eagle
Pithecophaga jefferyi Philippine or
monkey-eating eagle
Spilornis (Haematornis) Ryuykyu serpent eagle
cheela perplexus
Spizaetus nipalens Hodgson's hawk eagle
orientalis
Cathartidae VULTURES, CONDORS
Gymnogyps californianus California condor
Vultur gryphus Andean condor
Falconidae FALCONS, CARACARAS
Falco araea Seychelles kestrel
Falco jugger laggar falcon
Falco pelegrinoides Barbary falcon
(F. peregrinus babylonicus/
F. peregrinus pelegrinoides)
Falco peregrinus Peregrine falcon
Falco punctatus Mauritius kestrel
Falco rusticolus gyrfalcon
GALLIFORMES
Cracidae CURASSOWS, GUANS
Crax blumenbachii red-billed curassow
Mitu (Crax) mitu mitu razor billed curassow
Oreophasis derbianus horned guan
Penelope albipennis white-winged guan
Pipile (Aburria) jacutinga
black-faced piping or
black-fronted piping
guan,
black-fronted curassow
jacutinga
Pipile (Aburria) pipile
pipile Trinidad white-headed
curassow, or Trinidad
white-headed piping guan
Megapodiidae MEGAPODES
Leipoa ocellata malleefowl
Macrocephalon maleo maleo (bird) or
megapode
Phasianidae PHEASANTS, GROUSE
Catreus wallichii cheer pheasant
Colinus virginianus
ridgwayi masked bobwhite
Crossoptilon crossoptilon
white eared or
Tibetan eared pheasant
Crossoptilon harmani
Crossoptilon mantchuricum
pheasant, brown eared
Lophophorus impejanus monal pheasant,
Lophophorus lhuysii Chinese monal pheasant
Lophophorus sclateri Sclater's monal pheasant
Lophura edwardsi Edwards' pheasant
Lophura imperialis Imperial pheasant
Lophura swinhoii Swinhoe's pheasant
Polyplectron emphanum Palawan peacock pheasant
Rheinartia (nigrescens)
ocellata Rheinard's pheasant
Syrmaticus ellioti Elliot's pheasant
Syrmaticus humiae Hume's or (Hume's)
bar-tailed
or Mrs Hume's pheasant
Syrmaticus mikado Mikado pheasant
Tetraogallus caspius Caspian snowcock
Tetraogallus tibetanus Tibetan snowcock
Tragopan blythii Blyth's tragopan
Tragopan caboti Cabot's tragopan
Tragopan melanocephalus western (horned) tragopan
Tympanuchus cupido
attwateri Attwater's (greater)
prairie chicken
Tetraonidae GROUSES AND
PTARMIGANS
Lagopus mutus japonicus Japanese ptarmigan
GRUIFORMES
Gruidae CRANES
Grus americana whooping crane
Grus canadensis nesiotes Cuba sandhill crane
Grus canadensis pulla Mississippi sandhill
crane
Grus japonensis Japanese, Manchurian
or red-crowned crane
Grus leucogeranus Siberian white, snow or
great white crane
Grus monacha hooded crane
Grus nigricollis black-necked or Tibetan
crane
Grus vipio white-naped or (Japanese)
white necked crane
Otididae BUSTARDS
Ardeotis (Choriotis)
nigriceps great Indian bustard
Chlamydotis undulata Houbara bustard
Eupodotis (Houbaropsis) Bengal or great bustard,
bengalensis Bengal florican
Rallidae RAILS, COOTS
Gallirallus (Tricholimnas)
sylvestris Lord Howe Island Woodhen
Notornis alba white gallinule
Rallus okinawae Okinawa rail
Rallus pectoralis clelandi
Lewin's water rail
(Western race)
Rallus philippensis
maquariensis Macquarie Island rail
Rhynochetidae Rhynochetos jubatus kagu
PASSERIFORMES
Atrichornithidae SCRUB BIRDS
Atrichornis clamosus noisy scrub bird or
western scrub bird
Campephagidae CUCKOO SHRIKES
Coracina tenuirostris Melville cicadabird
melvillensis
Lalage leucopyga leucopyga
Norfolk Island long-
tailed
triller
Corvidae CROWS, JAYS
Garrulus lidthi Lidth's or purple jay
Cotingidae COTTINGAS
Cotinga maculata spotted or banded cotinga
Xipholena atropurpurea white-winged cotinga
Fringillidae FINCHES
Carduelis (Spinus)
cucullata red siskin
Carduelis (Chloris) Bonin greenfinch, Bonin
sinica kittlitzi Islands Japanese
greenfinch
Hirundinidae SWALLOWS, MARTINS
Pseudochelidon sirintarae white-eyed river martin
Icteridae AMERICAN ORIOLES AND
BLACKBIRDS
Agelaius flavus Saffron-cowled blackbird
Maluridae AUSTRALIAN WARBLERS
OR WRENS
Stipiturus malachurus Mount Lofty southern
intermedius emu-wren
Meliphagidae HONEYEATERS
Apalopteron familiare
hahasima Hahajima honeyeater
Lichenostomus melanops helmeted honeyeater
cassidix (Meliphaga cassidix)
Manorina melanotis black-eared miner
Xanthomyza phrygia regent honeyeater
Muscicapidae THRUSHES, WARBLERS ETC
Dasyornis broadbenti south-western rufous
littoralis bristlebird
Dasyornis (brachypterus) Western bristlebird
longirostris
Drymodes superciliaris northern (or Roper
colcloughi River) scrub robin
Erithacus komadori
komadori Ryukyu or Temminck's
robin
Erithacus komadori
namiyei Stejneger's robin
Erithacus komadori
subrufus Yaeyama robin
Falcunculus frontatus
whitei Kimberley crested
shriketit
Gerygone insularis Lord Howe warbler
Megalurus pryeri pryeri Japanese swamp-warbler
Picathartes gymnocephalus white-necked bald crow
Picathartes oreas grey-necked bald crow
Poecilodryas superciliosa Derby White-browed robin
cerviniventris
Psophodes nigrogularis western whipbird
Rhipidura cervina Lord Howe fantail
Turdus dauma amami Amami tiger thrush,
ground thrush
Turdus poliocephalus Norfolk Island thrush
poliocephalus
Turdus xanthopus
vinitinctus Lord Howe Island
vinous-tinted thrush
Pardalotidae FLOWER PECKERS
Pardalotus quadragintus forty-spotted pardalote
Pittidae PITTAS
Pitta brachyura nympha Japanese fairy pitta
Pitta gurneyi Gurney's pitta
Pitta kochi Koch's pitta
Ploceidae WEAVERS, SPARROWS
Erythrura gouldiae Gouldian finch
Sturnidae STARLINGS
Aplonis fusca Norfolk Island starling
Leucopsar rothschildi Rothchild's mynah
Zosteropidae WHITE EYES
Zosterops albogularis white-chested white eye
Norfolk Island silver eye
Zosterops strenua robust white-eye
PELECANIFORMES
FRIGATEBIRDS
Fregatidae Fregata andrewsi Christmas Island
Frigatebird
Pelicanidae PELICANS
Pelecanus crispus Dalmation pelican
Sulidae GANNETS, BOOBIES
Sula (Papasula) abbotti Abbott's booby
PICIFORMES
Picidae WOODPECKERS
Campephilus imperialis imperial woodpecker
Dryocopus javensis
richardsi Tristram's or
white-bellied
black woodpecker
Picoides (Dendrocopus) Owston's white-backed
leucotos owstoni woodpecker
Picoides tridactylus
inouyei Ezo three-toed woodpecker
or Inoue's three-toed
woodpecker
Sapheopipo noguchii Pryer's woodpecker
PODICIPEDIFORMES
Podicipedidae GREBES
Podilymbus gigas Atitlan (pied-billed) or
giant pied-billed grebe
PROCELLARIIFORMES
Diomedeidae ALBATROSSES
Diomedea albatrus short-tailed or
Steller's albatross
Phalacrocoracidae CORMORANTS
Phalacrocorax urile Red-faced cormorant
Procellariidae PETRELS, SHEARWATERS
Pterodroma leucoptera white-winged or Gould's
leucoptera petrel
PSITTACIFORMES
Psittacidae PARROTS
Amazona arausiaca red-necked amazon
Amazona barbadensis yellow-shouldered amazon
Amazona brasiliensis red-tailed amazon
Amazona guildingii St Vincent amazon
Amazona imperialis Imperial amazon
Amazona leucocephala Cuban or Bahaman parrot
Amazona pretrei red spectacled amazon
parrot
Amazona (dufresniana) red-crowned amazon,
rhodocorytha red-browed or red-crowned
Amazona tucumana Tucuman amazon
Amazona versicolor St Lucia amazon
Amazona vinacea vinaceous amazon or
vinaceous (breasted)
parrot
Amazona vittata Puerto Rican or
red-fronted
amazon
Anodorhynchus spp macaws
Ara ambigua green macaw
Ara (caninde) glaucogularis
caninde macaw
Ara macao scarlet macaw
Ara maracana Illiger's macaw
Ara militaris military macaw
Ara rubrogenys red-fronted macaw
Aratinga guarouba golden parakeet, golden
or
Queen of Bavaria's conure
Cacatua goffini Goffin's cockatoo
Cacatua haematuropygia Philippine or red-vented
cockatoo
Cacatua moluccensis salmon crested cockatoo
Cacatua pastinator
pastinator western long-billed
corella
Calyptorhynchus banksii south-eastern red-tailed
graptogyne black cockatoo
Cyanopsitta spixii Spix's little blue or
macaw
Cyanoramphus auriceps
forbesi Forbes' or yellow-fronted
parakeet, Forbes'
kakariki
Cyanoramphus (novaezelandiae
cookii) cookii red-fronted parakeet
Cyanoramphus novaezelandiae
red-fronted parakeet
Cyclopsitta (Opopsitta) Coxen's fig-parrot
diophthalma coxeni
Eos histrio red and blue lory
Neophema chrysogaster orange-bellied parrot
Nestor productus Norfolk Island kaka
Ognorhynchus icterotis yellow-eared conure
Pezoporus (Geopsittacus) night parrot
occidentalis
Pezoporus wallicus ground parrot
Pionopsitta pileata pileated or red-capped
parrot
Probosciger aterrimus palm cockatoo
Psephotus chrysopterygius golden-shouldered parrot
Psephotus (chrysopterygius)
dissimilis hooded parrot
Psephotus pulcherrimus paradise parrot
Psittacula (krameri echo)
echo Mauritius ring-necked
parakeet
Psittaculirostris
diophthalma Coxen's fig-parrot
coxeni
Pyrrhura cruentata blue-throated or
red-rumped conure,
ochre-marked parakeet
Rhynchopsitta spp thick-billed or
maroon-fronted parrot
Strigops habroptilus kakapo, owl parrot
RHEIFORMES
Rheidae RHEAS
Rhea (Pterocnemia) pennata
Darwin's, lesser or puna
rhea
SPHENISCIFORMES
Spheniscidae PENGUINS
Spheniscus humboldti Humboldt or Peruvian
penguin
STRIGIFORMES
Strigidae OWLS
Athene blewitti forest little owl or
forest spotted owl
Ketupa (Bubo) blakistoni Blakiston's eagle owl or
blakistoni Blakiston's fish-owl
Mimizuku (Otus) gurneyi giant scops owl
Ninox novaeseelandiae
albaria Lord Howe boobook
Ninox novaeseelandiae Norfolk Island boobook
undulata (royana)
Ninox squamipila natalis Christmas Island (hawk-)
owl
Tytonidae BARN OWLS
Tyto soumagnei Soumagne's owl or
Madagascar grass owl
STRUTHIONIFORMES EMUS
Dromaiidae
Dromaius baudinianus Kangaroo Island emu
Dromaius minor King Island emu
TINAMIFORMES
Tinamidae TINAMOUS
Tinamus solitarius solitary tinamou
TROGONIFORMES
Trogonidae TRIGONS, QUETZALS
Pharomachrus mocinno resplendent quetzal
Division 3 - Class Mammalia
ARTIODACTYLA
Bovidae PRONGHORNS,ANTELOPES,
CATTLE, DUIKERS,
GAZELLES, SHEEP
Addax nasomaculatus addax
Bison bison athabascae wood bison
Bos (frontalis) gaurus gaur, saladang or
Indian wild ox
Bos (grunniens) mutus
(except wild yak
specimens of
domesticated form)
Bos (Novibos) sauveli kouprey
Bubalus (Anoa)
depressicornis lowland anoa
Bubalus (Anoa)
mindorensis tamaraw or tamarou
Bubalus (Anoa) quarlesi mountain anoa
Capra falconeri markhor
Cephalophus jentinki Jentink's duiker
Gazella dama dama gazelle
Hippotragus niger variani giant antelope or sable
Naemorhedus (Capricornis) serow
sumatraensis
Nemorhaedus (goral)
baileyi, goral
Nemorhaedus (goral) caudatus,
Nemorhaedus goral
Oryx dammah (= Oryx tao) scimitar-horned oryx
or white oryx
Oryx leucoryx Arabian oryx
Ovis ammon hodgsonii great Tibetan sheep or
nyan
Ovis orientalis (aries)
ophion urial or Cyprian mouflon
Ovis vignei urial
Pantholops hodgsoni chiru or Tibetan
antelope
Pseudoryx nghetinhensis Vu Quang Ox
Rupicapra pyrenaica
(rupicapra) Abruzzi chamois
ornata
Cervidae DEER
Blastocerus dichotomus marsh deer
Cervus (Dama) fallow deer, Persian
dama mesopotamicus or Mesopotamian
Cervus duvaucelii swamp deer or barasingha
Cervus elaphus hanglu Kashmir deer or hangul
Cervus eldii Eld's deer or thamin
Cervus (Axis/Hyelaphus)
porcinus annamiticus hog deer
Cervus (Axis/Hyelaphus)
porcinus calamianensis Calamain deer
Cervus (Axis/Hyelaphus)
porcinus kuhli Kuhl's or Bawean deer
Dama mesopotamica Mesopotamian swamp deer
Hippocamelus spp heumal or guemal
Megamuntiacus
vuquanghensis giant muntjac
Muntiacus crinifrons black muntjac or
hairy-fronted muntjac
Ozotoceros bezoarticus Pampas deer
Pudu pudu Southern or Chilean pudu
Suidae PIGS, BOARS
Babyrousa babyrussa babirusa or deer hog
Sus salvanius pygmy hog
Tayassuidae PECCARIES
Catagonus wagneri Chacoan peccary
CARNIVORA DOGS,WOLVES, COYOTES,
Canidae JACKALS, FOXES
Speothos venaticus bush dog, or savannah
dog
Felidae CATS
Acinonyx jubatus cheetah
Catopuma (Felis) temmincki Asiatic golden cat or
Temmick's golden cat
Felis nigripes black-footed cat
Leopardus (Felis) pardalis ocelot
Leopardus tigrinus tiger cat, little spotted
cat,
(Felis tigrina) ocelot cat or oricilla
Leopardus (Felis) wiedii margay
Lynx (Felis pardina/F.
lynx pardina) lynx
pardinus
Neofelis nebulosa clouded leopard
Oncifelis (Felis) geoffroyi
Geoffroy's cat
Oreailurus (Felis)
jacobita mountain or Andean cat
Panthera leo persica Asiatic or Indian lion
Panthera onca jaguar
Panthera pardus leopard
Panthera tigris tiger
Pardofelis (Felis)
marmorata marbled cat
Prionaulurus (Felis)
planiceps flat-headed cat
Puma (Felis) concolor
coryi Florida cougar Florida
puma or Florida panther
Puma (Felis) concolor Costa Rica or Central
costaricensis American puma
Puma (Felis) concolor cougar
eastern cougar, eastern
puma or eastern panther
Unicia (Panthera) uncia snow leopard
Otariidae Arctocephalus townsendi
Mustelidae WEASELS, POLECATS,
MARTENS, WOLVERINES,
SKUNKS, OTTERS, BADGERS
Enhydra lutris nereis southern sea otter or
Californian sea otter
Lontra (Lutra) felina marine otter or
chungungo
Lontra (Lutra) longicaudis neotropical river otter
(=Lutra platensis/annectens/
enudris/incarum)
Lontra (Lutra) provocax southern river otter
Lutra lutra Eurasian or European
river otter
Mustela nigripes black-footed ferret
Pteronura brasiliensis giant or Brasilian otter
Ursidae BEARS
Ailuropoda melanoleuca giant panda
Ailurus fulgens lesser or red panda
Helarctos malayanus sun bear or Malayan sun
bear
Melursus ursinus sloth bear
Tremarctos ornatus spectacled bear or
Andean
bear
Ursus arctos isabellinus red bear or Himalayan
brown bear
Ursus (Selenarctos)
thibetanus Asian black bear or
Himalayan black bear
Viverridae MONGOOSES, CIVETS,
GENETS
Prionodon pardicolor spotted linsang
CHIROPTERA
Pteropodidae BATS AND FLYING FOXES
Acerodon jubatus golden crowned flying
fox
Acerodon lucifer Panay giant fruit bat
Pteropus brunneus Percy island flying fox
Pteropus insularis Carolines fruit bat or
Chuuck (Truk) fruit bat
Pteropus mariannus Marianus fruit bat
Pteropus molossinus Pohnpei fruit bat
Pteropus phaeocephalus Mortlock Islands fruitbat
Pteropus pilosus Belau fruit bat
Pteropus samoensis Samoa fruit bat
Pteropus tonganus Insular fruit bat
DIPROTODONTA
Macropodidae KANGAROOS, WALLABIES
Lagorchestes asomatus central hare-wallaby
Lagorchestes hirsutus rufous hare-wallaby
Lagorchestes leporides eastern hare-wallaby
Lagostrophus fasciatus banded hare-wallaby
Macropus greyi toolache wallaby
Onychogalea fraenata bridled nailtail wallaby
Onychogalea lunata crescent nailtail
wallaby
Petauridae POSSUMS
Gymnobelideus leadbeateri Leadbeater's possum
Petaurus gracilis Mahogany glider
Pseudocheirus peregrinus western ringtail possum
occidentalis
Potoridae Bettongia spp bettong
Caloprymnus campestris desert rat-kangaroo
Potorous longipes long-footed potoroo
Potorous platyops broad-faced potoroo
Potorous tridactylus
gilberti Gilbert's potoroo
Vombatidae WOMBATS
Lasiorhinus krefftii northern hairy-nosed
wombat
XENARTHRA
Dasypodidae ARMADILLOS
Priodontes maximus
(giganteus) giant armadillo
INSECTIVORA
Soricidae SHREWS
Crocidura tenuata var.
trichura Christmas Island shrew
LAGOMORPHA
Leporidae RABBITS, HARES
Caprolagus hispidus Assam rabbit or hispid
hare
Romerolagus diazi volcano rabbit
PERISSODACTYLA
Equidae HORSES, ASSES, ZEBRAS
Equus (asinus) africanus African wild ass
Equus grevyi Grevy's zebra
Equus hemionus hemionus Mongolian wild ass,
kulan or oziggetai ass
Equus (hemionus) onager
khur Indian wild ass or
ghor-khar khar
Equus (caballus)
przewalskii Przewalski's or wild
Asian horse
Equus zebra zebra Cape Mountain zebra
Rhinocerotidae (All species of the family RHINOCEROSES
Rhinocerotidae other than
Ceratotherium simum simum)
Tapiridae (All species of the family TAPIRS
Tapiridae other than
Tapirus terrestris)
PINNIPEDIA
Otariidae EARED SEALS
Arctocephalus townsendi Guadeloupe fur seal
Phocidae SEALS
Monachus spp monk seals
POLYPROTODONTA (Dasyuromorphia)
Dasyuridae Dasyuroides byrnei Kowari
Dasyurus geoffroyii western quoll
Parantechinus apicalis dibbler
Phascogale calura red-tailed phascogale
Sminthopsis douglasi Julia Creek dunnart
Sminthopsis longicaudata Long-tailed dunnart
Sminthopsis psammophila Sandhill dunnart
Myrmecobiidae Myrmecobius fasciatus NUMBAT
(Peramelemorphia)
Peramelidae BANDICOOTS
Chaeropus ecaudatus pig-footed bandicoot
Isoodon auratus golden bandicoot
Perameles bougainville western barred bandicoot
Perameles eremiana desert bandicoot
Thylacinidae Thylacinus cynocephalus THYLACINE
Thylacomyidae BILBIES
Macrotis lagotis Bilby
Macrotis leucura lesser bilby
PRIMATES MARMOSETS, TAMARINS
Callimiconidae Callimico goeldii Goeldi's marmoset or
Goeldi's tamarin
Callithricidae Callithrix (jacchus)
aurita white-eared or buffy
tufted-ear marmoset
Callithrix (jacchus)
flaviceps buffy-headed marmoset
Leontopithecus (Leontideus)
spp golden or lion tamarins
Saguinus bicolor pied bare-face tamarin
Saguinus leucopus silvery-brown bare face
or white-footed tamarin
Saguinus oedipus cotton top tamarin
Saguinus geoffroyi
Cebidae CAPUCHIN-LIKE
MONKEYS
Alouatta palliata mantled or Guatemalan
howler
Alouatta pigra
Ateles geoffroyi frontatus
black-browed spider
monkey
Ateles geoffroyi
panamensis Panama spider monkey or
red(-bellied) spider
monkey
Brachyteles arachnoides woolly spider monkey
Cacajao spp uakaris
Chiropotes albinasus white-nosed saki
Lagothrix flavicauda yellow tailed woolly
monkey
Saimiri oerstedii red-backed squirrel
monkey or
Central American
squirrel monkey
Cercopithecidae OLD WORLD MONKEYS:
BABOONS, MACAQUES,
GUENONS
Cercocebus galeritus
galeritus Tana River mangabey
Cercopithecus diana
(roloway) Diana monkey
Macaca silenus lion-tailed macaque
Nasalis (Simias) concolor proboscis monkey
Nasalis (Simias) larvatus probiscis monkey
Mandrillus (Papio)
leucophaeus drill
Mandrillus (Papio) sphinx mandrill
Semnopithecus (Presbytis) surelis or entellus,
entellus true, hanuman
or common langur
Trachypithecus (Presbytis/ golden langur
Semnopithecus) geei
Trachypithecus (Presbytis/ capped langur or
Semnopithecus) pileatus bonneted capped monkey
Presbytis potenziani Mentawi Islands sureli,
long-tailed langur or
Mentawi leaf monkey
Procolobus (Colobus)
pennantii Kirk's red colobus or
(badius)kirkii Zanzibar red colobus
Procolobus (Colobus badius)
Tana River red
rufomitratus colobus
Pygathrix (Rhinopithecus)
spp snub-nosed monkeys
Cheirogaleidae (All species of the family DWARF AND MOUSE
Cheirogaleidae) LEMURS
Daubentoniidae Daubentonia madagascariensis
AYE-AYE
Hylobatidae (All species of the family GIBBONS
Hylobatidae)
Indriidae (All species of the family INDRIS, SIFAKAS
Indriidae) WOOLLY LEMURS
Lemuridae (All species of the family LEMURS
Lemuridae)
Megaladpidae (All species of the family
Megaladpidae (Lemuridae) LEMURS
Megaladpidae (Lemuridae)
Hominidae GREAT APES
Gorilla gorilla gorilla
Pan spp. chimpanzees
Pongo pygmaeus orang-utan
PROBOSCIDEA
Elephantidae ELEPHANTS
Elephas maximus Asian or Indian elephant
Loxodonta africana African elephant
RODENTIA
Chinchillidae Chinchilla spp (except wild chinchilla
specimens of the
domesticated form)
Muridae RATS, MICE
Conilurus albipes rabbit-eared tree-rat,
white-footed rabbit-rat
Leporillus apicalis lesser stick-nest rat
Leporillus conditor greater stick-nest rat
or house-building rat
Notomys amplus short-tailed
hopping-mouse
Notomys fuscus dusky hopping-mouse
Notomys longicaudatus long-tailed
hopping-mouse,
Notomys macrotis big-eared hopping-mouse
Notomys mordax Darling Downs
hopping-mouse,
Pseudomys fieldi Alice Springs mouse
Pseudomys gouldii Gould's mouse
Pseudomys oralis Hasting river mouse
Pseudomys praeconis Shark Bay mouse
or false mouse
Pseudomys shortridgei heath rat
Rattus macleari Christmas Island rat
Rattus nativitatus Christmas Island rat
Xeromys myoides false water-rat
Zyzomys pedunculatus central rock rat or
Macdonald Range rock rat
Sciuridae SQUIRRELS
Cynomys mexicanus Mexican prairie dog or
Mexican prairie marmot
SIRENIA
Trichechidae MANATEES, SEA COWS
Trichechus inunguis South American or
Amazonian manatee
Trichechus manatus Caribbean, North
American
or West Indian manatee
Division 4 - Class Mollusca
STYLOMMATOPHORA
Achatinellidae Achatinella spp
UNIONOIDA
Unionidae MUSSELS
Conradilla caelata birdwing pearly mussel
or
rimose naiad
Dromus (Chonchodromus) dromedary pearly mussel
dromas or dromedary naiad
Epioblasma
(Dysnomia/Plagiola) Curtis pearly mussel or
curtisi Curtis' naiad
Epioblasma
(Dysnomia/Plagiola) yellow-blossom, pearly
florentina mussel, or yellow-blossom
naiad
Epioblasma
(Dysnomia/Plagiola) Sampson's pearly mussel
sampsoni or Sampson's naiad
Epioblasma (Dysnomia/
Plagiola) white catspaw mussel
sulcata perobliqua
Epioblasma (Dysnomia/Plagiola)
torulosa gubernaculum
Epioblasma (Dysnomia/
Plagiola) tuberculed-blossom
pearly
torulosa torulosa mussel
tuberculed-blossomn niad
Epioblasma (Dysnomia/
Plagiola) turgid-blossom pearly
mussel
turgidula or turgid-blossom naiad
Epioblasma (Dysnomia/
Plagiola) brown-blossom mussel,
tan
walkeri rifle shell or
brown-blossom naiad
Fusconaia cuneolus fine-rayed pearly pigtoe
mussel
Fusconaia edgariana pearly shiny pigtoe
mussel
Lampsilis higginsii pearly Higgin's eye
mussel
Lampsilis orbiculata pearly pink mucket
mussel
orbiculata
Lampsilis satur plain pocketbook mussel
Lampsilis virescens Alabama lamp pearly
mussel or Alabama lamp naiad
Plethobasus cicatricosus pearly white wartyback
mussel
Plethobasus cooperianus orange-footed pimpleback
mussel
Pleurobema plenum pearly rough pigtoe
mussel
Potamilus (Proptera)
capax pearly fat pocketbook
mussel
Quadrula intermedia Cumberland monkeyface
mussel
Quadrula sparsa Appalachian monkeyface
pearly mussel
Toxolasma (Carunculina) pale lilliput pearly
cylindrella mussel or pale lilliput
naiad
Unio (Megalonaias) nickliniana
Nicklin's pearly mussel
Unio (Cyrtonaias/Lampsilis)
Tampico pearly mussel
tampicoensis tecomatensis
Villosa (Micromya) trabalis pearly Cumberland bean
mussel
Division 5- Class Pisces
ACIPENSERIFORMES FISH
Acipenseridae Acipenser brevirostrum shortnose sturgeon
Acipenser sturio common or Baltic
sturgeon
ATHERINIFORMES
Melanotaeniidae
Melanotaenia eachamensis Lake Eacham rainbow
fish
COELACANTHIFORMES
Coelacanthidae Latimeria chalumnae coelacanth
CYPRINIFORMES
Catostomidae Chasmistes cujus cui-ui
Cyprinidae Probarbus jullieni ikan, temoleh. pla eesok
(Thai), ikan temelian
(Malay)
OSTEOGLOSSIFORMES
Osteoglossidae Scleropages formosus Asian bonytongue fish
PERCIFORMES
Percichthyidae Maccullochella ikei eastern freshwater cod
Maccullochella macquariensis
trout cod
Sciaenidae Cynoscion macdonaldi MacDonald weakfish,
totoaba
SALMONIFORMES
Galaxiidae Galaxias fontanus Swan galaxias
Galaxias fuscus brown galaxias
Galaxias johnstoni Clarence galaxias
Galaxias pedderensis Pedder galaxias
SILURIFORMES
Schilbeidae Pangasianodon gigas giant catfish
Division 6 - Class Reptilia
CROCODYLIA
Alligatoridae ALLIGATORS, CAIMANS
Alligator sinensis China or Chinese
alligator
Caiman crocodilus
apaporiensis Rio Apaporis
(spectacled) caiman
or Apaporis River
caiman
Caiman latirostris broad-nosed or broad-
snouted caiman
Crocodylidae CROCODILES
Crocodylus acutus American crocodile
Crocodylus cataphractus African slender-snouted
crocodile or African
sharp-nosed crocodile
Crocodylus intermedius Orinoco crocodile
Crocodylus moreletii Morelet's crocodile
Crocodylus (mindorensis) Mindoro crocodile or
novaeguineae mindorensis Philippine crocodile
Crocodylus palustris marsh, broad-snouted
or mugger crocodile
Crocodylus rhombifer Cuban crocodile
Crocodylus siamensis Siamese crocodile
Osteolaemus tetraspis (African) dwarf
crocodile
Tomistoma schlegelii false gavial or
tomistoma
(crocodile) false
gharial
Gavialidae GAVIALS
Gavialis gangeticus (Indian) gavial,
gharial
RHYNCHOCEPHALIA
Sphenodontidae Sphenodon spp TUATARA
SAURIA
Iguanidae IGUANAS
Brachylophus spp banded & Fiji crested
iguanas
Cyclura spp West Indian rock or
ground iguanas
Sauromalus varius San Esteban Island
chuckwalla
Lacertidae TRUE LIZARDS
Gallotia simonyi
Pygopodidae LEGLESS LIZARDS
Aprasia aurita legless lizard
Aprasia parapulchella flat-footed lizard or
pink-tailed legless
lizard
Scincidae SKINKS
Ctenotus lancelini Lancelin Island striped
skink
Lerista lineata lined burrowing skink
Pseudemoia palfreymani Pedra Branca skink
Tiliqua adelaidensis Adelaide blue-tongued
lizard
Varanidae MONITORS
Varanus bengalensis Indian or Bengal
monitor
Varanus flavescens yellow or ruddy snub-
nosed monitor, yellow
land or Indian) oval-
grain lizard
Varanus griseus grey or desert monitor
Varanus komodoensis Komodo dragon, ora or
Komodo (Island) monitor
SERPENTES
Boidae BOAS, PYTHONS
Acrantophis spp Madagascar boas
Boa (Constrictor) boa constrictor
constrictor occidentalis
Bolyeria multocarinata Round Island boas
Casarea dussumieri keel-scaled or Round
Island boas
Epicrates inornatus Puerto Rican or yellow
tree boa, culebra
grande
Epicrates monensis boa
Epicrates subflavus Jamaica(n) boa
Python molurus molurus
(pimbra) Indian (rock) or tiger
python
Sanzinia madagascariensis Madagascar tree boa
or sanzinia
Elapidae COBRAS
Hoplocephalus bungaroides broad-headed snake
TESTUDINATA TURTLES, TORTOISES
Chelidae Pseudemydura umbrina short-necked turtle,
swamp or western swamp
tortoise
Cheloniidae (All species in the family (true) sea turtles
Cheloniidae)
Dermochelyidae Dermochelys coriacea leathery, leather-backed
turtle or luth
Emydidae Batagur baska river or tuntong
terrapin, common
batagur
Clemmys muhlenbergi bog or Muhlenberg's
turtle
Geoclemys hamiltonii black pond or spotted
pond turtle, Hamilton's
terrapin
Kachuga (tecta tecta) tecta Indian tent or Indian
roof turtle, or Indian
sawback or dura
Melanochelys (Geoemyda/
Nicoria) three-keeled or Asian
tricarinata three-keeled turtle,
Bengal three-keeled
land
terrapin or three-keeled
land tortoise
Morenia ocellata Burmese swamp or
Burmese
peacock turtle, or
Bengal eyed terrapin
Terrapene coahuila aquatic box turtle,
water box or coahuila
Testudinidae Geochelone (Testudo) Galapagos giant
nigra (elephantopus) tortoise,
Geochelone (Testudo) (Madagascar) radiated
radiata tortoise
Geochelone (Testudo) Madagascar or angulated
yniphora tortoise, or angonoka
Gopherus flavomarginatus Bolson tortoise or
Mexican giant gopher
Psammobates (Testudo) geometric tortoise
geometricus
Testudo kleinmanni Egyptian tortoise
Trionychidae Trionyx (Aspederetes) ater black soft-shell(ed) or
black mud turtle, or
Cuatro Cienagas soft-
shell(ed) turtle
Trionyx (Aspederetes)
gangeticus Ganges soft-shell(ed)
turtle, or Indian soft-
shell(ed) turtle
Trionyx (Aspederetes) hurum
peacock-marked soft
shell(ed) turtle or
brown soft-shell(ed)
turtle
Trionyx (Aspederetes)
nigricans dark-coloured soft-
shell(ed) turtle or
sacred black mud turtle
Division 7- Class Insecta
LEPIDOPTERA
Papilionidae BIRDWING BUTTERFLIES
Ornithoptera alexandrae Queen Alexandra's
butterfly
Papilio chikae Luzon Peacock butterfly
Papilio homerus Homerus swallowtail
Papilio hospiton Corsican swallowtail
PART III - POPULATION OF ANIMALS
Populations of animals of the species Antilocapra americana in Mexico.
Populations of animals of the species Aonyx congica (microdon) or Paraonyx
microdon (Cameroon clawless otter) in Cameroon and Nigeria.
Populations of animals of the species Canis lupus (wolf) in Bhutan, India,
Nepal or Pakistan.
Populations of animals of the species Caracal (Felis/Lynx) caracal (desert
Iynx or caracal) in Asia.
Populations of animals of the species Ceratotherium simum simum (white
rhinoceros) outside South Africa.
Populations of animals of the species Crocodylus niloticus in areas outside
Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, South Africa,
Uganda, United Republic of Tanzania, Zambia and Zimbabwe and including
populations of the following countries subject to the indicated export
quotas:
1995 1996 1997
Madagascar 4,700 5,200 5,200
(ranched specimens: 4,500 5,000 5,000
wild nuisance specimens: 200 200 200)
Uganda 2,500 2,500 2,500
Populations of animals of the species Crocodylus porosus in areas outside
Australia, Indonesia and Papua New Guinea.
Populations of animals of the species Dugong dugon in areas outside
Australia.
Populations of animals of the species Falco newtoni (Aldabra kestrel) in
Seychelles.
Populations of animals of the species Herpailurus (Felis) yagouaroundi
(jaguarundi) in Central and North America.
Populations of animals of the species Melanosuchus niger (black caiman)
outside Ecuador.
Populations of animals of the genus Moschus (musk deer) in Afghanistan,
Bhutan, Myanmar, India, Nepal and Pakistan.
Populations of the animals of the sub-species Prionailurus (Felis) bengalensis
bengalensis (leopard cat) in Bangladesh, India and Thailand.
Populations of animals of the species Prionailurus (Felis) rubiginosus (rusty
spotted cat) in India.
Populations of animals of the species Struthio camelus (ostrich) in Algeria,
Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania,
Morocco, the Niger, Nigeria, Senegal, and the Sudan.
Populations of animals of the species Ursus arctos (grizzly or brown bear) in
Bhutan, China, Mexico and Mongolia.
Populations and parts of populations of animals of the species Vicugna vicugna
(vicuna) which are not specified in Part III of Schedule 2.
Populations of animals of the species Vipera ursinii (Orsini's viper) in
Europe, except the area which formerly constituted the Union of Soviet
Socialist Republics.
PART IV - PLANTS
Acanthaceae Graptophyllum reticulatum
Isoglossa eranthemoides
Xerothamnella herbacea
Agavaceae Agave arizonica
Agave parviflora
Nolina interrata
Aizoaceae Trianthema cypseloides
Amaranthaceae Ptilotus beckerianus
Ptilotus fasciculatus
Ptilotus pyramidatus
Apiaceae Trachymene scapigera
Apocynaceae Ochrosia moorei
Pachypodium ambongense
Pachypodium baronii
Pachypodium decaryi
Araliaceae Astrotricha roddii
Arecaceae Ptychosperma bleeseri
Asclepiadaceae Cynanchum elegans
Marsdenia coronata
Marsdenia longiloba
Tylophora linearis
Tylophora rupicola
Tylophora woollsii
Aspidiaceae Tectaria devexa
Brassicaceae Ballantinia antipoda
Barbarea australis
Hutchinsia tasmanica
Lepidium catapycnon
Lepidium drummondii
Lepidium hyssopifolium
Lepidium monoplocoides
Lepidium peregrinum
Menkea draboides
Phlegmatospermum drummondii
Cactaceae Ariocarpus spp
Astrophytum (Echinocactus) asterias
Aztekium ritteri
Coryphantha werdermannii
Discocactus spp
Discocactus (Nopalxochia/Lobeira)
macdougallii
Echinocereus ferreirianus var. Iindsayi
(Echinocereus Iindsayi)
Echinocereus (Wilcoxia) schmollii
Escobaria (Coryphantha) minima
Escobaria (Coryphantha) sneedii
Mammillaria pectinifera
( = Solisia pectinata)
Mammillaria solisioides
Melocactus conoideus
Melocactus deinacanthus
Melocactus glaucescens
Melocactus paucispinus
Obregonia denegrii
Pachycereus (Backebergia) militaris
Pediocactus (Toumeya) bradyi
Pediocactus despainii
Pediocactus (Toumeya) knowltonii
Pediocactus paradinei
Pediocactus (Toumeya) peeblesianus
Pediocactus sileri
Pediocactus winkleri
Pelecyphora spp
Sclerocactus brevihamaticus
(= Ancistrocactus tobuschii)
Sclerocactus (Echinomastus/Neolloydia)
erectocentrus
Sclerocactus glaucus
Sclerocactus (Echinomastus/Neolloydia)
mariposensis
Sclerocactus mesae-verdae
Sclerocactus (Pediocactus) papyracanthus
Sclerocactus pubispinus
Sclerocactus wrightiae
Strombocactus disciformis
Turbinicarpus (Neolloydia) spp
Uebelmannia spp
Caryophyllaceae Colobanthus curtisiae
Casuarinaceae Allocasuarina defungens
Allocasuarina emuina
Allocasuarina portuensis
Allocasuarina thalassoscopica
Celastraceae Apatophyllum constablei
Centrolepidaceae Centrolepis caespitosa
Centrolepis pedderensis
Chenopodiaceae Atriplex kochiana
Sclerolaena napiformis
Chloanthaceae Dicrastylis morrisonii
Pityrodia scabra
Compositae Acanthocladium dockeri
(Asteraceae) Argentipallium spiceri
Brachyscome muelleri
Leucochrysum albicans subsp. incanum
Olearia flocktoniae
Olearia hygrophila
Olearia microdisca
Olearia oliganthema
Ozothamnus selaginoides
Rutidosis leptorrhynchoides
Saussurea costus (lappa)
Senicio behrianus
Senecio georgianus
Crassulaceae Dudleya stolonifera
Dudleya traskiae
Cucurbitaceae Muellerargia timorensis
Cupressaceae Fitzroya cupressoides
Pilgerodendron uviferum
Cyatheaceae Cyathea exilis
Cycadaceae Cycas beddomei
Cyperaceae Cyperus ohwii
Fimbristylis adjuncta
Schoenus natans
Tetraria australiensis
Ebenaceae Diospyros mabacea
Elaeocarpaceae Elaeocarpus williamsianus
Epacridaceaea Choristemon humilis
Coleanthera virgata
Epacris hamiltonii
Epacris stuartii
Leucopogon cryptanthus
Leucopogon marginatus
Eriocaulaceae Eriocaulon carsonii
Euphorbiaceae Beyeria lepidopetala
Euphorbia ambovombensis
Euphorbia carissoides
Euphorbia cylindrifolia
Euphorbia cylindrifolia ssp. tuberifera
Euphorbia cremersii
Euphorbia decaryi
Euphorbia francoisii
Euphorbia moratii
Euphorbia parvicyathophora
Euphorbia quarziticola
Euphorbia (capsaintemariensis var
tulearensis) tulearensis
Fontainea oraria
Neoroepera buxifolia
Pseudanthus nematophorus
Fabaceae Cajanus mareebensis
Daviesia bursarioides
Daviesa microcarpa
Daviesa oxylobium
Daviesa purpurascens
Gastrolobium callistachys
Gastrolobium glaucum
Gastrolobium graniticum
Gastrolobium hamulosum
Nemcia lehmannii
Psoralea parva
Ptychosema pusillum
Pultenaea pauciflora
Pultenaea trichophylla
Swainsona recta
Frankeniaceae Frankenia conferta
Frankenia decurrens
Frankenia parvula
Frankenia plicata
Fouquieriaceae Fouquieria fasciculata
Fouquieria purpusii
Gentianaceae Gentiana baeuerlenii
Gentiana wingecarribiensis
Goodeniaceae Scaevola attenuata
Scaevola macrophylla
Gyrostemonaceae Gyrostemon reticulatus
Haemodoraceae Constylis setigera subsp. dasys
Haloragaceae Gonocarpus intricatus
Haloragis eyreana
Haloragis platycarpa
Haloragodendron lucassi
Meziella trifida
Hydatellaceae Hydatella leptogyne
Lamiaceae Hemigenia exilis
Hemigenia obtusa
Prostanthera eurybioides
Westringia crassifolia
Lauraceae Endriandra floydii
Leguminosae (Fabaceae) Dalbergia nigra
Liliaceae Aloe albida
Aloe albiflora
Aloe alfredii
Aloe bakeri
Aloe bellatula
Aloe calcairophila
Aloe compressa (inc var.
rugosquamosa and var. schistophila)
Aloe delphinensis
Aloe descoingsii
Aloe fragilis
Aloe haworthioides (inc. var.
aurantiaca)
Aloe helenae
Aloe laeta (inc. var. maniensis)
Aloe parallelifolia
Aloe parvula
Aloe pillansii
Aloe polyphylla
Aloe rauhii
Aloe suzannae
Aloe thorncroftii
Aloe versicolor
Aloe vossii
Sowerbaea multicaulis
Thysanotus wangariensis
Lobeliaceae Hypsela sessiliflora
Lycopodiaceae Huperzia carinata
Huperzia dalhousieana
Huperzia filiformis
Huperzia squarrosa
Mimosaceae Acacia cretacea
Acacia enterocarpa
Acacia leptalea
Acacia murruboensis
Acacia pinguifolia
Acacia porcata
Acacia prismifolia
Acacia volubilis
Myoporaceae Eremophila caerulea subsp. merrallii
Eremophila nivea
Eremophila veneta
Eremophila verticillata
Myoporum turbinatum
Myrtaceae Austromyrtus fragrantissima
Austromyrtus gonoclada
Calothamnus accedens
Calytrix breviseta subsp. breviseta
Chamaelaucium griffinii
Darwinia apiculata
Darwinia carnea
Darwinia ferricola
Eucalyptus absita
Eucalyptus conglomerata
Eucalytus crenulata
Eucalyptus crucis subsp. praecipua
Eucalytus cuprea
Eucalyptus dolorosa
Eucalyptus granitocola
Eucalyptus impensa
Eucalyptus morrisbyi
Eucalyptus phylacis
Eucalyptus recurva
Eucalyptus rhodantha
Hypocalymma longifolium
Kunzea rupestris
Uromyrtus australis
Verticoidia fimbrilepsis
Verticoidia harveyi
Verticoidia hughanii
Verticoidia plumosa var. ananeotes
Xanthostemon formosus
Nepenthaceae Nepenthes khasiana
Nepenthes rajah
Orchidaceae Acianthus ledwardii
Caladenia atkinsonii
Caladenia audasii
Caladenia busselliana
Caladenia cristata
Caladenia elegans
Caladenia formosa
Caladenia fragrantissima subsp.
orientalis
Caladenia fulva
Caladenia hastata
Cladenia lowanensis
Caladenia pumila
Caladenia robinsonii
Caladenia rosella
Caladenia tensa
Caladenia thysanochila
Caladenia viridescens
Calochilus psednus
Calochilus richae
Cattleya trianae
Dendrobium antennatum
Dendrobium cruentum
Dendrobium mirbelianum
Dendrodium nindii
Dipodium pictum
Diuris fragrantissima
Diuris micrantha
Diuris pallens
Drakonorchis drakeoides
Epiblema grandiflorum var. cyanea
Genoplesium rhyoliticum
Genoplesium tectum
Habenaria macraithii
Laelia jongheana
Laelia lobata
Malaxis lawleri
Oberonia attenuata
Paphiopedilum spp
Peristeria elata
Phaius bernaysii
Phalaenopsis rosenstromii
Phragmipedium spp
Prasophyllum chasmogamum
Prasophyllum concinnum
Prasophullum diversiflorum
Prasophyllum petilum
Prasophyllum subbisectum
Prasophyllum uroglossum
Pterostylis arenicola
Pterostylis despectans
Pterostylis gibbosa
Renanthera imschootiana
Thelymitra dedmaniae
Thelymitra epipactoides
Vanda coerulea
Vrydagzynea paludosa
Pinaceae Abies guatemalensis
Pittosporaceae Bentleya spinescens
Pleurophascaceae Pleurophascum occidentale
Poaceae Amphibromus whitei
Aristida granitica
Danthonia popinensis
Deyeuxia appressa
Deyeuxia drummondii
Deyeuxia lawrencei
Digitaria porrecta
Glyceria drummondii
Homopholis belsonii
Plectrachne bromoides
Podocarpaceae Podocarpus parlatorei
Proteaceae Adenanthos pungens
Adenanthos velutinus
Agrostis adamsonii
Agrostis limiteanea
Banksia brownii
Dryandra mimica
Grevillia batrachioides
Grevillea beadleana
Grevillea caleyi
Grevillea calliantha
Grevillia divaricata
Grevillia flexuosa
Grevillea iaspicula
Grevillea scapigera
Grevillea wilkinsonii
Hakea aculeata
Hakea pulvinifera
Isopogon uncinatus
Lambertia echinata subsp. echinata
Lambertia fairallii
Lambertia orbifolia
Lomatia tasmanica
Orothamnus zeyheri
Persoonia nutans
Persoonia prostrata
Protea odorata
Triunia robusta
Ranunculaceae Ranunculus prasinus
Restionaceae Restio abortivus
Rhamnaceae Pomaderris cotoneaster
Rubiaceae Balmea stormiae
Gardenia actinocarpa
Opercularia acolytantha
Randia moorei
Rutaceae Acronychia littoralis
Asterolasia elegans
Boronia granitica
Boronia repanda
Eriostemon falcatus
Rutaceae (continued)
Phebalium obtusifolium
Phebalium lachnaeoides
Zieria adenophora
Zieria baeuerlenii
Zieria buxijugum
Zieria formosa
Zieria obcordata
Zieria parrisiae
Zieria prostrata
Santalacea Leptomeria dielsiana
Leptomeria laxa
Sapindaceae Alectryon ramiflorus
Atalaya collina
Dipoglottis campbellii
Dodonaea subglandulifera
Sapotaceae Planchonella eerwah
Sarraceniaceae Sarracenia alabamensis (rubra)
alabamensis
Sarracenia jonesii (rubra jonesii)
Sarracenia oreophila
Scrophulariaceae Euphrasia arguta
Euphrasia collina subsp. muelleri
Euphrasia collina subsp. osbornii
Solanaceae Anthocercis gracilis
Stangeriaceae Stangeria (paradoxa) eriopus
Sterculiaceae Lasiopetalum rotundifolium
Thomasia gardneri
Stylidiceae Stylidium coroniforme
Stylidium merrallii
Stylidium neglectum
Stylidium scabridum
Tremandraceae Tetratheca gunnii
Tetratheca paynteri
Thymelaeaceae Pimelea rara
Pimelea spicata
Pimelea spinescens subsp. pubiflora
Tiliaceae Corchorus cunninghamii
Tremandraceae Tetratheca elliptica
Tetratheca fasciculata
Zamiaceae Ceratozamia spp
Chigua spp
Encephalartos spp
Macrozamia lomandroides
Microcycas calocoma
PART V - POPULATION OF PLANTS
Populations of plants of the species Davidsonia sp. in the
Mullumbimby-Currumbin Creek area.
Populations of plants of the species Andersonia sp. in the Two Peoples Bay
area.
Populations of plants of the species Rapanea sp. in the Richmond River area.
Populations of plants of the species Pterostylis sp. in the Dimboola and
Northhampton areas.
Populations of plants of the species Dryandra sp. in the Kamballup and
Stirling Range areas.
Populations of plants of the species Macadamia sp. in the Woopen Creek area.
Populations of plants of the species Euphrasia sp in the Southport and
Tamworth areas.
Populations of plants of the species Quassia sp. in the Mooney Creek area.
* * *
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SCHEDULE 2
SCH
SCHEDULE 2
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
PART I - SPECIMENS
A specimen, other than faeces, that is, or is derived from, an animal of a
genus, species or sub-species specified, or described in Part II.
A specimen, other than faeces, that is, or is derived from, an animal that is,
or has been, part of a population specified in Part III.
A specimen that is, or is derived from, a plant of a genus, species, or
sub-species specified, or described, in Part IV, other than:
. seeds and pollen, seedling or tissue cultures obtained in vitro,
in solid or liquid media, transported in sterile containers of the family
Cactaceae;
. fruits and parts and derivatives thereof of naturalized or
artificially propagated plants of the family Cactaceae;
. separate stem joints (pads) and parts and derivatives thereof of
naturalised or artificially propagated plants of the genus Opuntia subgenus
Opuntia of the family Cactaceae;
. a flower that is derived from an artificially propagated plant of
the family Orchidaceae;
. a fruit and parts and derivatives thereof that is derived from
an artificially propagated plant of the genus Vanilla;
. chemical derivatives of Rauvolfia serpentina and Podophyllum
hexandrum (emodi);
. a seed, spore, pollen (including pollinia), a tissue culture or
flasked seedling culture, other than seeds of the species Wodyetia bifurcata
(foxtail or fantail palm);
. seeds and pollen, seedling or tissue cultures obtained in vitro,
in solid or liquid media, transported in sterile containers and finished
pharamaceutical products of Taxus (baccuta ssp. wallichiana) wallichiana.
A specimen, other than a seed, spore, pollen (including pollinia), a tissue
culture or flasked seedling culture, that is, or is derived from a plant, that
is, or has been, part of the population of plants of the species Araucaria
araucana outside Chile.
A specimen that is a root or readily recognizable part thereof of Panax
quinquefolius (American ginseng).
A specimen, being a saw-log, sawn wood or veneer, that is derived from the
species Pericopsis elata.
A specimen, being a log, wood-chips and unprocessed broken material, that is
derived from the species Pterocarpus santalinus.
A specimen, being a saw-log, sawn wood or veneer, that is derived from the
species Swietenia mahogani.
A specimen derived from the population of Crocodylus porosus or Crocodylus
johnstoni in Australia:
(a) bred in captivity; or
(b) taken under an approved management program; other than a manufactured
article that is produced from that specimen that is:
(c) a personal effect of a person departing for a foreign country; and
(d) not intended for sale, lease, hire, exchange or any other commercial
purpose; and
(e) accompanied by an "EXPORT PERMIT MANUFACTURED CROCODILE PRODUCTS" label
which has been approved for the purposes of Article VII.3 of the Convention by
the Designated Authority.
Order
Family Genus Common name
species
or sub-species
Part II - ANIMALS
Division 1- Class Alcyonaria
COENOTHECALIA (All species in the Order HARD CORALS
COENOTHECALIA
(except fossils))
Heliopridae Heliopora coerulea
STOLONIFERA
Tubiporidae (All species in the family
Tubiporidae
(except fossils))
Division 2 - Class Amphibia
ANURA FROGS
Bufonidae Bufo retiformis Sonoran green toad
Dendrobatidae Dendrobates spp
Phyllobates spp
Myobatrachidae (Species of Rheobatrachus
not specified in Part II
of Schedule 1)
Ranidae Mantella aurantiaca golden mantella or
Malagasy golden frog
Rana hexadactyla
Rana tigerina Indian bullfrog
CAUDATA SALAMANDERS
Ambystomidae Ambystoma dumerilii Lake Patzcuaro
salamander,
achoque
Ambystoma mexicanum salamander, axolotl
Division 3 - Class Anthozoa
ANTIPATHARIA All species in the Order BLACK CORALS
ANTIPATHARIA) black corals,
antipatharians
SCLERACTINIA (All species in the Order HARD CORALS
SCLERACTINIA hard corals
(except fossils))
Division 4 - Class Arachnida
ARANEAE SPIDERS
Theraphosidae Brachypelma spp. tarantulas
SCORPIONES SCORPIONS
Scorpionidae Pandinus dictator
Pandinus gambiensis
Pandinus imperator
Division 5 - Class Aves
ANSERIFORMES
Anatidae DUCKS, GEESE, SWANS
Anas bernieri Madagascar teal
Anas formosa Baikal teal,
Spectacled
teal or Formosa teal
Branta ruficollis red-breasted goose
Coscoroba coscoroba Coscoroba swan
Cygnus melanocorypha black-necked swan
Dendrocygna arborea Cuban tree or black-
billed whistling duck
Oxyura leucocephala white-headed duck
Sarkidiornis melanotos comb or knob-billed
duck,
APODIFORMES
Trochilidae (Species in the family HUMMINGBIRDS
Trochilidae other than species
specified in Part II of Schedule 1)
CICONIIFORMES
Balaenicipitidae Balaeniceps rex WHALE-HEADED STORK
Ciconiidae STORKS
Ciconia nigra black stork
Phoenicopteridae (All species in the family FLAMINGOS
Phoenicopteridae)
Threskiornithidae IBISES, SPOONBILLS
Eudocimus ruber scarlet ibis
Geronticus calvus (southern) bald ibis
Platalea leucorodia white or Eurasian
spoonbill
COLUMBIFORMES
Columbidae DOVES, PIGEONS
Gallicolumba luzonica bleeding heart dove or
bleeding heart pigeon
Goura spp crowned pigeons
CORACIIFORMES
Bucerotidae HORNBILLS
(Species of Aceros not specified
in Part II of Schedule 1)
Anorrhinus (Ptilolaemus) spp
Anthracoceros spp
(Species of Buceros not included
in Part II of Schedule 1)
Penelopides spp
CUCULIFORMES
Musophagidae TURACOS
Tauraco spp.
Musophaga (Gallirex/Tauraco)
purple-crested or
porphyreolophus violet-crested turaco
FALCONIFORMES
(ACCIPITRIFORMES) (Species in the Order FALCONS,HAWKS, EAGLES,
FALCONIFORMES (ACCIPITRIFORMES)
except species in the family OSPREYS,
Cathartidae, other than - SECRETARY BIRD
(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
Accipitriformes a sub-species of
which is specified in
Part II of Schedule 1,
other than sub-species
so specified)
GALLIFORMES
Phasianidae PHEASANTS, GROUSE
Argusianus argus great argus pheasant
Gallus sonneratii Sonnerat's jungle fowl
or grey jungle fowl
Ithaginis cruentus blood pheasant
Pavo muticus green peafowl
Polyplectron bicalcaratum grey peacock pheasant
or common peacock or
Burmese peacock
Polyplectron germaini Germain's peacock
pheasant
Polyplectron malacense Malay(sian) peacock
pheasant
Polyplectron schleiermacheri
GRUIFORMES
Gruidae (Species in the family Gruidae, CRANES
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
Gruidae, a sub-species of
which is specified in
Part II of Schedule 1, other
than sub-species so specified)
Otididae (Species in the family BUSTARDS
Otididae, other than
species specified in
Part II of Schedule 1)
Pedionomidae Pedionomus torquatus
Rallidae RAILS, COOTS
Gallirallus australis hectori eastern weka rail or
New Zealand wood
rail
Turnicidae BUTTON QUAILS
Turnix melanogaster black-breasted
button-quail
PASSERIFORMES
Cotingidae COTINGAS
Rupicola spp cock-of-the-rock
Emberizidae BUNTINGS, TANAGERS,
CARDINALS
Gubernatrix cristata yellow cardinal
Paroaria capitata yellow-billed
cardinal
Paroaria coronata red-crested cardinal
Estrildidae WAXBILLS
Poephila cincta cincta black-throated finch
Fringillidae FINCHES
Carduelis (Spinus) yarrellii yellow-faced siskin
Muscicapidae THRUSHES, WARBLERS
Cyornis ruckii Rueck's blue
flycatcher
(Niltava (Muscicapa) ruecki)
Paradisaeidae (All species in the family BIRDS OF PARADISE
Paradisaeidae)
Pittidae PITTAS
Pitta (brachyura) nympha Japanese fairy pitta
or blue-winged pitta
Pitta guajana blue-tailed pitta
PICIFORMES
Ramphastidae Pteroglossus aracari black-necked aracari
Pteroglossus viridis green aracari
Ramphastos sulfuratus keel-billed toucan
Ramphastos toco Toco toucan
Ramphastos tucanus red-billed or
Cuvier's toucan
Ramphastos vitellinus channel-billed
toucan
PSITTACIFORMES
(Species in the Order PARROTS
PSITTACIFORMES, other than -
(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) Melopsittacus 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 RHEAS
Rhea americana Rhea, American
ostrich
SPHENISCIFORMES PENGUINS
Spheniscidae Spheniscus demersus black-footed or
jackass penguin
STRIGIFORMES
(Species in the Order BIRDS OF PREY, OWLS
STRlGlFORMES, 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
STRIGIFORMES, a
sub-species of which is
specified in Part II of
Schedule 1, other than
sub-species so specified)
Division 6- Class Hydrozoa
ATHECATA
Milleporidae (All species in the family HARD CORALS
Milleporidae (except fossils))
Stylasteridae (All species in the family HARD CORALS
Stylasteridae (except fossils))
Division 7 - Class Insecta
LEPIDOPTERA
Papilionidae BIRDWING BUTTERFLIES
Bhutanitis spp
(Species of Ornithoptera birdwing
butterflies
(Sensu D'Abrera) not
specified in Part II of
Schedule 1)
Parnassius apollo apollo mountain
butterfly
Teinopalpus spp birdwing
butterflies
Trogonoptera birdwing
butterflies
(Sensu D'Abrera) spp
Troides (Sensu D'Abrera) spp birdwing
butterflies
Division 8 - Class Mammalia
ARTIODACTYLA
Bovidae PRONGHORNS,ANTELOPES
CATTLE, DUIKERS,
GAZELLES, SHEEP
Ammotragus lervia Barbary sheep,
Budorcas taxicolor takin
Cephalophus dorsalis bay duiker
Cephalophus monticola blue (antelope)
duiker
Cephalophus ogilbyi Ogilby's duiker
Cephalophus (sylvicultor)
silvicultor giant duiker
Cephalophus zebra banded duiker
Damaliscus dorcas (pyargus)
dorcas (antelope) bontebok
Kobus leche (antelope) lechwe
(Sub-species of Ovis ammon Marco Polo sheep or
argali
not specified in Part II
of Schedule 1)
Saiga tatarica Saiga
Camelidae Lama guanicoe guanaco
Cervidae DEER
Cervus elaphus bactrianus Bactrian (red)
deer,
Bokharan deer or
Bactrian wapiti
Pudu mephistophiles northern pudu
Hippopotamidae HIPPOPOTAMUS
Hexapotodon (Choeropsis) pygmy hippopotamus
liberiensis
Hippopotamus amphibius hippopotamus
CARNIVORA
Canidae Canis lupus (except populations WOLVES, DOGS,
COYOTES included in Schedule 1) JACKALS FOXES
Cerdocyon (Dusicyon ) thous crab-eating fox,
Forrest fox,
savannah fox
Chrysocyon brachyurus maned wolf
Cuon alpinus Asiatic wild dog,
Indian wild dog or
dhole
Pseudalopex (Dusicyon) culpaeus Colpeo or red fox
Pseudalopex (Dusicyon) griseus Argentine grey,
little or chico
(fulvipes) grey fox or chilla
Chiloe fox
Pseudalopex (Dusicyon) Azara's fox
gymnocercus
Vulpes cana Blanford's or
Afghan
fox, dog, steppe or
corsac
Vulpes (Fennecus) zerda fennec fox
CARNIVORA
Felidae (Species in the family- CATS
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; and
(c) Felis catus
(Sub-species of species
of the family
Felidae, a sub-species of
which is specified
in Part II of Schedule 1,
other than sub-species
so specified)
Hyaenidae HYENAS
Parahyaena (Hyaena) brunnea brown hyaena
Mustelidae WEASELS, POLECATS,
MARTENS,
WOLVERINES,
SKUNKS, OTTERS,
BADGERS
Conepatus humboldti Patagonian skunk
(Species of the sub-family otters
Lutrinae not specified in
Part II or Part III of Schedule 1)
Ursidae BEARS
(Species in the family-
Ursidae 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;
(Sub-species of species
of the family
Ursidae, a sub-species of
which is specified
in Part II of Schedule 1,
other than sub-species
so specified)
(Species of Ursidae other than
species or sub-species specified
in Part II or Part III of Schedule 1)
Viverridae MONGOOSES, CIVETS
GENETS
Cryptoprocta ferox fossa (cat)
Cynogale bennettii civet otter
Eupleres goudotii (major) fanalouc (civet)
Fossa fossana Malagasy civet or
fanaloka
Hemigalus derbyanus banded palm civet,
Hardwick's civet
banded musang
Prionodon linsang banded linsang
CHIROPTERA
Pteropodidae BATS
(Species of Acerodon Old World fruit
bats,
other then species specified flying foxes
in Part II of Schedule 1)
(Species of Pteropus Old World fruit
bats,
other then species specified flying foxes
in Part II of Schedule 1)
DIPROTODONTA
Burramyidae PIGMY POSSUM
Burramys parvus mountain pigmy-
possum
Macropodidae KANGAROOS,
WALLABIES
Dendrolagus bennettianus Bennett's tree-
kangaroo
Dendrolagus inustus grizzled grey tree-
kangaroo
Dendrolagus lumholtzi Lumholtz's tree-
kangaroo
Dendrolagus ursinus black tree-
kangaroo
Phalangeridae CUSCUSES,
BRUSHTAIL POSSUMS
Spilocuscus (Phalanger)
maculatus common spotted
cuscus
Phalanger orientalis grey cuscus
XENARTHA (EDENTATA)
Bradypodidae SLOTHS
Bradypus variegatus Bolivian three-
toed
sloth
(=Bradypus griseus/boliviensis)
Myrmecophagidae ANTEATERS
Myrmecophaga tridactyla giant anteater
MONOTREMATA
Tachyglossidae ECHIDNAS
Zaglossus spp New Guinea
echidnas,
long-nosed or long
snouted echidnas or
anteaters, New
Guinea long-nosed
spiny or New Guinea
egg-laying echidna.
PERISSODACTYLA
Equidae HORSES, ASSES,
ZEBRAS
(Sub-species of Asiatic ass
Equus hemionus (kiang/onager)
not specified in
Part II of Schedule 1)
Equus zebra hartmannae Hartmann's mountain
zebra
Tapiridae TAPIRS
Tapirus terrestris Brazilian or South
American tapir
PHOLIDOTA
Manidae PANGOLINS
Manis spp
PINNIIPEDIA
Otariidae EARED SEALS
(Species of Arctocephalus southern fur seals
not specified in Part II of
Schedule 1)
Phocidae SEALS
Mirounga leonina Elephant seal
PRIMATES (Species of the Order
LEMURS,BUSHBABIES
Primates, including the LORISES, POTTOS,
family Tupaiidae TARSIERS, MONKEYS,
other than - GUENONS, MACAQUES,
(a) species specified in BABOONS, GIBBONS,
Part II of Schedule 1; and CHIMPANZEES,
GORILLAS
(b) species of sub-species of ORANG-UTANS
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)
RODENTIA
Sciuridae SQUIRRELS
Ratufa spp giant squirrels
SIRENIA
Trichechidae MANATEES, SEA COWS
Trichechus senegalensis West African manatee
Division 9 - Class Mollusca
MESOGASTROPODA
Strombidae Strombus gigas Queen conch
UNIONOIDA
Unionidae MUSSELS
Cyprogenia aberti edible pearly mussel
or edible naiad
Epioblasma (Dysnomia/Plagiola) tan-blossomed pearly
mussel
torulosa rangiana or tan-blossom naiad
Fusconaia subrotunda long solid mussel or
long solid naiad
Lampsilis brevicula Ozark lamp pearly
mussel or Ozark lamp
naiad
Lexingtonia dolabelloides slab sided naiad
mussel
Pleurobema clava club pearly mussel or
club naiad
STYLOMMATOPHORA SNAILS
Camaenidae Papustyla (Papuina) pulcherrima
green tree, emerald
green or Manus Island
tree snail
Paryphantidae (Species of Paryphanta New Zealand amber
snails
indigenous to New Zealand)
VENEROIDA
Tridacnidae (All species of the family GIANT CLAMS
Tridacnidae)
Division 10 - Class Pisces
FISH
ACIPENSERIFORMES
Acipenseridae Acipenser oxyrhynchus Atlantic sturgeon
Polyodontidae Polyodon spathula Paddlefish
CERATODIFORMES
Ceratodidae Neoceratodus forsteri Australian lungfish,
Queensland lungfish,
ceratodus
CYPRINIFORMES
Cyprinidae Caecobarbus geertsi African blind barb
fish or Congo blind
barb fish
OSTEOGLOSSIFORMES
Osteoglossidae Arapaima gigas arapaima or pirarucu
Division 11 - Class Reptilia
CROCODYLIA
(Species in the Order
CROCODlLES,ALLIGATORS,
Crocodylia (including Alligatoridae, GAVIALS
Crocodylidae and Gavialidae)
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
Crocodylia a sub-species
of which is specified in Part II
of Schedule 1, other than
sub-species so specified)
SAURIA LIZARDS
Agamidae AGAMIDS
Uromastyx spp spiny-tailed, dabb or
palm lizards,
mastigures
Chamaeleonidae Bradypodion spp CHAMELEONS
Chamaeleo spp
Cordylidae GIRDLE-TAILED LIZARDS
Cordylus spp girdled lizards
Pseudocordylus spp crag lizards
Gekkonidae GECKOS
Cyrtodactylus serpensinsula Serpent Island gecko
Phelsuma spp day geckos
Helodermatidae BEARDED LIZARDS
Heloderma spp bearded gila monster
or poisonous lizards
Iguanidae IGUANAS
Amblyrhynchus cristatus Galapagos marine
iguana
Conolophus spp (Galapagos) land
iguanas
Iguana spp common iguanas
Phrynosoma coronatum horned lizard
Lacertidae TRUE LIZARDS
Podarcis lilfordi Balearic lizard
Podarcis pityusensis Balearic lizard
Scincidae Corucia zebrata prehensile-tailed
skink
Teiidae WHIPTAILS
Cnemidophorus hyperythrus orange-throated
whiptail,
orange-throated
racerunner
Crocodilurus lacertinus dragon lizard,
dragon
lizardet
Dracaena spp caiman lizard
Tupinambis spp tegu lizards
Varanidae MONITORS
(Species of Varanus not monitor lizards
specified in Part II of
Schedule 1)
Xenosauridae Shinisaurus crocodilurus Chinese crocodile
lizard
SERPENTES
Boidae (Species of the family PYTHONS, BOAS
Boidae, 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
Boidae a sub-species of
which is specified in
Part II of Schedule 1,
other than sub-species
so specified)
Colubridae COBRAS
Clelia clelia (Pseudoboa
cloelia) mussurana snake
Cyclagras (Hydrodynastes)
gigas (South American)
false
cobra, South
American
water or beach
cobra.
surucucu
Elachistodon westermanni Indian egg-eating
snake or
Westermann's
Indian egg-eater
snake
Ptyas mucosus oriental or Indian
rat snake or Asian
rat snake
Elapidae
Naja naja cobra
Ophiophagus hannah king cobra
Viperidae Vipera wagneri Wagner's viper
TESTUDINATA TURTLES
Dermatemydidae Dermatemys mawii Central American
river turtle
Emydidae Clemmys insculpta wood turtle
(Species of Terrapene not box turtles
not specified in Part II of
Schedule 1)
Pelomedusidae Erymnochelys (Podocnemis)
madagascariensis
Peltocephalus (Podocnemis)
dumeriliana
Podocnemis spp river or sideneck
turtle
Testudinidae (Species of Testudinidae true tortoises
not specified in
Part
II of Schedule 1)
Trionychidae Lissemys punctata Indian flap- shell(ed)
turtle or
flap-shell(ed)
spotted turtle
Division 12 - Class Hirudinea
ARHYNCHOBDELLAE LEECHES
Hirudinidae Hirudo medicinalis medicinal leech
PART III- POPULATION OF ANIMALS
Populations of animals of the species Aonyx congica (microdon) or Paraonyx
microdon (Cameroon clawless otter) outside Cameroon and Niger.
Populations of animals of the species Canis lupus (wolf) outside Bhutan,
India, Nepal and Pakistan.
Populations of animals of the species Ceratotherium simum simum (white
rhinoceros) in South Africa. For the exclusive purpose of allowing
international trade in live animals to appropriate and acceptable destinations
and hunting trophies.
Populations of animals of the species Crocodylus niloticus in Botswana,
Ethiopia, Kenya, Madagascar, Malawi, Mozambique, South Africa, Uganda, United
Republic of Tanzania, Zambia and Zimbabwe.
Populations of animals of the species Crocodylus porosus in Australia,
Indonesia and Papua New Guinea.
Populations of animals of the species Dugong dugon in Australia.
Populations of animals of the species Caracal (Felis /Lynx) caracal (caracal,
lynx or Asian lynx) in areas outside Asia.
Populations of animals of the species Prionailurus (Felis) rubiginosus (rusty
spotted cat) in areas outside India.
Populations of animals of the species Herpailurus (Felis) yagouaroundi
(jaguarundi) outside Central and North America.
Populations of animals of the species Melanosuchus niger (black caiman) in
Ecuador.
Populations of the genus Moschus (musk deer) outside Afghanistan, Bhutan,
India, Myanmar, Nepal and Pakistan.
Populations of animals of the species Ovis canadensis (American bighorn sheep)
in Mexico.
Populations of animals of the family Tayassuidae (peccaries) (other than
species specified in Part II of Schedule 1) outside the United States of
America.
Populations of animals of any sub-species Ursus arctos (grizzly or brown bear)
(other than sub-species or populations specified in Schedule 1).
Populations of animals of the species Vicugna vicugna (vicuna) in Peru and
part of the population of Paranicota Province, la. Region of Tarapaca in
Chile. Also, for the exclusive purpose of allowing international trade in wool
sheared from live vicugnas of the populations above, and in the extant stock
in Peru of 3249 kg of wool, and in cloth and items made thereof. The reverse
side of the cloth must bear the logotype adopted by the range States of the
species, which are signatories to the Convenio para la Conservaci(n y Manejo
de la Vicu(a, and the selvages either the words VICUANDES-CHILE or the words
VICUANDES-PERU, depending on the country of origin.
PART IV - PLANTS
Agavaceae Agave victoriae-reginae
Amaryllidaceae Galanthus spp
Sternbergia spp
Apocynaceae (Species of Pachypodium
not specified in Part IV of
Schedule 1).
Rauvolfia serpentina
Asclepiadaceae Ceropegia spp
Frerea indica
Berberidaceae Podophyllum hexandrum (emodi)
or Sinopodophyllum hexandrum
Bromeliaceae Tillandsia harrisii
Tillandsia kammii
Tillandsia kautskyi
Tillandsia mauryana
Tillandsia sprengeliana
Tillandsia sucrei
Tillandsia xerographica
Byblidaceae Byblis spp
Cactaceae (Species of the family Cactaceae not
specified in Part IV of Schedule 1).
Caryocaraceae Caryocar costaricense
Cephalotaceae Cephalotus follicularis
Cyatheaceae (All species of Cyatheaceae)
Cycadaceae (Species of Cycadaceae not
specified in Part IV of Schedule 1)
Diapensiaceae Shortia galacifolia
Dicksoniaceae (All species of Dicksoniaceae)
Didiereaceae (All species of Didiereaceae)
Dioscoreaceae Dioscorea deltoidea
Droseraceae Dionaea muscipula
Ericaceae Kalmia cuneata
Euphorbiaceae (Species of Euphorbia
that are succulent not specified
in Part IV of Schedule 1)
Fouquieriaceae Fouquieria columnaris
Juglandaceae Oreomunnea (Engelhardia) pterocarpa
Leguminosae Platymiscium pleiostachyum
(Fabaceae) Pterocarpus santalinus
Liliaceae (Species of Aloe not specified
in Part IV of Schedule 1, other than the
species Aloe vera) ( = Aloe barbadensis)
Meliaceae Swietenia humilis
Nepenthaceae (Species of Nepenthes not specified in Part
IV of Schedule 1)
Orchidaceae (Species in the family, Orchidaceae,
including the families Apostasiaceae and
Cypripediaceae as subfamilies Apostasioideae
and Cypripedioideae other than -
(a) species specified in Part IV of Schedule
1; and
(b) specimens of species
specified in Part I of Schedule 1)
(varieties of species of Orchidaceae
a variety of which is specified in
Part I of Schedule 1, other than varieties
so specified).
Palmae Chrysalidocarpus decipiens
Neodypsis decaryi
Portulacaceae Anacampseros spp
Lewisia cotyledon
Lewisia maguirei
Lewisia serrata
Lewisia tweedyi
Primulaceae Cyclamen spp
Rosacea Prunus africana
Sarraceniaceae Darlingtonia californica
(Species of Sarracenia,
other than, -
(a) species specified in
Part IV of Schedule 1; and
(b) species a sub-species
of which is specified in
Part IV of Schedule 1)
(Sub-species of species of
Sarracenia a sub-species
of which is specified in
Part IV of Schedule 1,
other than sub-species
so specified)
Stangeriaceae (Species of Stangeriaceae
not specified in
Part IV of Schedule 1)
Taxaceae Taxus (baccuta ssp wallichiana) wallichiana
Theaceae Camellia chrysantha
Thymelaeaceae Aquilaria malaccensis
(Aquilariaceae)
Welwitschiaceae Welwitschia mirabilis (bainesii)
Zamiaceae (Species of Zamiaceae
not specified in
Part IV of Schedule 1)
Zingiberaceae Hedychium philippinense
Zygophyllaceae Guaiacum sanctum
Guaiacum officinale
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SCHEDULE 4
SCH
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 1 - 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, other than a live animal, derived from one or
more of the following species of kangaroo (family Macropodidae)
which is the personal property of a person departing from
Australia or an external Territory and which is not intended to
be used for any commercial purpose, including sale, lease, hire
or exchange.
Macropus fuliginosus (kangaroo, western grey) Macropus giganteus
(kangaroo, eastern grey) Macropus parryi (wallaby, whiptail)
Macropus robustus (euro) Macropus rufogriseus (wallaby,
bennet's) Macropus rufus (kangaroo, red) Thylogale billardierii
(wallaby, rufous) A specimen that is, or is derived from, an
invertebrate of a genus, species or subspecies specified in Part
II.
A seed, spore, pollen (including pollinia), a tissue culture or
flasked seedling culture.
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 derived from Eucalyptus species, Melaleuca alternifolia or
Melaleuca linariifolia.
A specimen that is, or is derived from, a plant that has been
artificially propagated or has been taken in accordance with the
program for the management in Western Australia of commercially
harvested protected plants approved by the Minister for the
Arts, Sport, the Environment, Tourism and Territories pursuant
to section 10 of the Wildlife Protection (Regulation of Exports
and Imports) Act 1982, and is the personal property of a person
departing from Australia or an external Territory and which is
not intended to be used for any commercial purpose, including
sale, lease, hire or exchange.
A specimen that is, or is derived from, a fish of the species
Anguilla australis or the species Anguilla reinhardti.
Honey.
Faeces.
A specimen, other than a live animal, derived from the species
Trichosurus vulpecula (Brush possum), which has been taken in
accordance with an approved management program, which is the
personal property of a person departing Australia or an external
Territory and which is not intended to be used for any
commercial purpose, including sale, lease, hire or
exchange.
Gut contents for the purpose of prescribed scientific research.
A specimen other than a live animal, derived from the species
Dromaius novaehollandiae (emu), which has been bred in
captivity, which is the personal property of a person departing
Australia or an external Territory and which is not intended to
be used for any commercial purpose, including sale, lease, hire
or exchange.
A specimen, being a manufactured article:
(a)produced from the population of Crocodylus porosus or
Crocodylus johnstoni in Australia:
(i)bred in captivity; or
(ii)taken under an approved management program; and
(b)that is:
(i)a personal effect of a person departing for a foreign
country; and
(ii)not intended for sale, lease, hire, exchange or any
other commercial purpose; and
(iii)accompanied by a Personal Effects Permit Exemption
label which has been approved for the purposes of Article VII 3
of the Convention by the Designated Authority.
PART II
INVERTEBRATES
Phylum Family Genus, species or sub-species
Class common (common name)
Order name)
MOLLUSCA
STREPTONEURA
(PROSO-
BRANCHIA) Haliotidae Notohaliotis ruber (blacklip)
(abalone)
Schismotis laevigata (greenlip)
Marinauris roei (Roe's)
Trochidae Trochus maximus
(top shells)
Trochus nilotius
Turbinidae Turbo
(turban
shells)
Subninella undulata
(periwinkle)
Littorinidae
(periwinkles)
PELECYPODA
(LAMELLI-
BRANCHIATA) Mytilidae Mytilus edulis planulatus
(mussels) (mussel)
Pectinidae Amusium balloti (saucer)
(scallops)
Mimachlamys asperrimus
(doughboy)
Equichlamys bifrons (queen)
Pecten alba (Tasmanian,
commercial)
Pecten fumata
Pecten meridionalis
Pecten modestus
Ostreidae Crassostrea commercialias
(oysters) (Sydney or N.S.W. rock oyster)
Crassostrea tuberculata
(Western Rock oyster)
Ostrea angasi (oyster)
(Mother-of- Pinctada margaritifera
pearl (blacklip mother-of-pearl)
shells)
Pinctada maxima (silverlip)
Pinctada sugillata
(mother-of-pearl)
Donacidae Plebidonax deltoides (pipi,
(pipis, surf clam)
cockles) (All species of Katylesia)
(cockle)
CEPHALOPODA
Octopoda
(octopus) Octopodidae Octopus tetricus
Decapoda
(cuttle-
fish,
squid) Sepiidae (All species of Sepia)
(cuttlefish)
Sepioteuthis australis
(southern calamari squid)
Nototodarus gouldi (Gould's
squid)
Todarodes filippovae
Onnastrephes bartramii
Syntletoteuthis luminosa
Symplectoteuthis
ovalaniensis
Ornithoteuthis volatilis
Loligo etheridgei
CRUSTACEA
NATANTIA Alphaeidae ALPHAEIDAE (clicker, pistol, or
(prawns) 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 Austro- Panulirus penicillatus
(crayfish) astocidae (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)
Jasus novaehollandiae
(=lalandei) (southern rock
lobster - crayfish)
Thenus orientalis (bay lobster)
Ibacus incisus (flapjack or
Balmain bug)
Ibacus peronii (shovelnose
lobster)
BRACHYURA Portunidae Portunus pelagicus (sand crab,
(crabs, (crabs) blue swimmer)
yabbies,
shrimp)
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)
ECHINO-
DERMATA
ECHINOIDEA Strongylo- Heliocidarus (sea urchin)
(sea urchins) centrotidae
HOLOTHUROIDEA Stichopus variegatus (red
(sea prickly fish)
cucumbers,
beche-de-mer)
Actinopyga obesa (red fish)
Holothuria mammifera (black
or teat fish)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SCHEDULE 6
SCH
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 brine shrimp of the species Artemia salina.
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)
Genus, species or sub-species Common Name
Abramites hypselonotus headstander
Acanthophthalmus spp. loach, kuhlii
Aequidens maronii keyhole
Aequidens pulcher acara, blue
Anostomus spp. headstander
Aphyocharax spp. tetras, bloodfin
Aphyosemeion spp. killie fish
Apistogramma spp. cichlid, dwarf
Aplocheilus spp. panchax
Apteronotus albifrons knife fish/black ghost
Apteronotus leptorhynchus long nose brown ghost knifefish
Arnoldichthys spilopterus Arnold's or redeye characin
Astronotus ocellatus oscar
Astyanax fasciatus mexicanis fish, blind cave
"jordani" (only albino form)
Aulonocara nyassae cichlid, African peacock
(length 5 cm and over)
Aulonocara spp. cichlids, African
Bagrichthys hypselopterus catfish, black lancer
(only males)
Balantiocheilus melanopterus shark, silver
Barbodes everetti barb, clown
Barbodes fasciatus barb, striped
Barbodes hexazona barb, tiger
Barbodes lateristriga barb
Barbodes pentazona barb, banded
Bedotia geayi rainbow, Madagascar
Benthochromis tricoti benthochromis tricoti
Betta spp. fighting fish
Boehlkea fredcochui tetra, Chochui's blue
Botia macracantha loach, clown
Brachydanio albolineatus danio, pearl
Brachydanio frankei danio, leopard
Brachydanio kerri danio, kerr's
Brachydanio nigrofasciatus danio, spotted
Brachydanio rerio danio, zebra
Brachygobius spp. bumble bee fish
Brochis spp. catfish, armored/catfish, blue
Brycinus longipinnis tetra, African
Campylomormyrus cassaicus double-nose elephant nose
Campylomormyrus rhynchophorus double-nose elephant nose
Capoeta arulius barb, longfin
Capoeta oligolepis barb, checker
Capoeta partipentazona barb, tiger
Capoeta semifasciolatus barb, golden
Capoeta tetrazona barb, tiger
Capoeta titteya barb, cherry
Carassius auratus goldfish
Carnegiella spp. hatchet fish
Chalinochromis brichardi cichlid, Lake Tanganyika
(only bridled morph of 5 cm
& over)
Chalinochromis spp. cichlids, Lake Tanganyika
Chanda spp. perchlets
Chilodus punctatus headstander, spotted
Cichlasoma nicaraguense cichlid, Nicaraguan
(length 5 cm & over)
Coelurichthys microlepis tetra, croaking
Colisa chuna gourami, honey dwarf
Colisa fasciata gourami, giant dwarf
Colisa labiosa gourami, thick-lipped
Colisa lalia gourami, dwarf
Copeina arnoldi tetra, splash/characin, jumping
Copeina guttata red spotted copeina
Corydoras spp. cat, armoured
Corynopoma riisei characin, swordtail
(only males)
Crenicara filamentosa checkerboard lyretail
Crenicara maculata cichlid, checkerboard
(length 5 cm & over)
Cyathopharnx furcifer thread fin furficer
Cyprichromis leptosoma cyprichromis, yellowtail
Cyrtocara moorii
Danio devario danio, bengal
Danio malabaricus danio, giant
Dermogenys pusillus half beak
Dianema urostriata catfish, stripe tailed
Epalzeorhynchus kallopterus flying fox
Epalzeorhynchus siamensis siamese flying fox
Epiplatys spp. killie fish
Eretmodus cyanostictus dwarf goby cichlid
Eretmodus maculatus cichlid, Tangyanikan clown
Esomus malayensis barb, flying
Farlowella acus catfish, twig
Gasteropelecus spp. hatchet fish
Gnathonemus macrolepidotus elephant nose
Gnathonemus petersi elephant nose
Gymnocorymbus ternetzi tetra, black widow
Gyrinocheilus aymonieri catfish, sucking - Asia
Hasemania nana tetra, silver tip
Helostoma rudolfi gourami, pink kissing
Helostoma temminckii gourami, green kissing
Hemigrammus spp. tetra
Hemiodopsis sterni hemiodopsis, striped
Hemigrammopetersius caudalis yellow-tail congo tetra
Homaloptera orthogoniata lizard fish - Indonesia
Hyphessobrycon spp. tetra
Inpaichthys kerri blue emperor tetra
Iodotropheys sprengerae cichlid, African
Julidochromis spp. cichlid, dwarf
Kryptopterus bicirrhis catfish, glass
Kryptopterus macrocephalus catfish, poormans glass
Labeo bicolor shark, redtail
Labeo erythrurus shark, red fin
Labeo frenatus shark, rainbow
Labeo variegatus shark, variegated
Laetacara curviceps curviceps
Laetacara dorsigerus cichlid
Laubuca laubuca Indian hatchet fish
Leiocassis siamensis catfish, Siamese or bumble bee
(only males)
Lepidarchus adonis tetra, flagtail or adonis
Leporinus arcus leporinus, lipstick
Leporinus fasciatus leporinus, banded
Leporinus maculatus leporinus, spotted
Leporinus multifasciatus leporinus, multi-banded
Loricaria filamentosa catfish, whiptail
Macrognathus aculeatus eel, spiny
Macropodus opercularis (only paradise fish
males of length 6 cm & over)
Megalamphodus spp. tetras
Melanochromis auratus auratus
Melanochromis simulans auratus
Mesonauta festivus festivum
(albino prohibited)
Metynnis spp. silver dollars
(length 4 cm & over)
Moenkhausia spp. tetra
Monodactylus argenteus angel, Malayan/mono/batfish
Monodactylus sebae mono, African
Morulius chrysophekadion shark, black
Myleus rubripinnis (only males red hook
of length 8 cm & over)
Nannacara anomala acara, golden dwarf
Nannacara aureocephalus cichlid, golden head
Nannacara taenia cichlid, dwarf lattice
Nannostomus spp. pencil fish
Nematobrycon spp. tetra, emperor
Neolamprologus brichardi Burundi, Princess of
Neolamprologus cylindricus cichlid, Tanganyikan
Neolamprologus leleupi cichlid, lemon
(only yellow morph of length
5 cm & over)
Neolamprologus meeli cichlid, African
(length 5 cm & over)
Neolamprologus ocellatus cichlid, African
(length 5 cm & over)
Ophthalmotilapia spp. threadfin/cichlid, blacknosed
Oryzias latipes medaka, golden
Osteochilus hasselti barb, bony lipped
Osteochilus vittatus barb, bony lipped
Otocinclus arnoldi catfish, sucker
Oxygaster oxygastroides barb, glass
Pantodon buchholzi butterfly fish
Papiliochromis altispinosa cichlid, Bolivian butterfly
Papiliochromis ramirezzii ram
Paracheirodon axelrodi tetra, cardinal
Paracheirodon innesi tetra, neon
Paracyprichromis nigripinnis blue neon cyprichromis
Parauchenipterus fisheri woodcat
(only males of length
7 cm & over)
Parosphromenus deissneri licorice gourami
(only males of length
4 cm & over)
Pelvicachromis pulcher kribensis
Pelvicachromis subocellatus kribensis
Pelvicachromis taeniatus kribensis
Petitella georgiae false rummy nose
Phenacogrammus interruptus tetra, congo
Pimelodella pictus cat, pictus
Pimelodus ornatus cat, pictus
Poecilia latipinna mollie, sailfin
Poecilia reticulata guppy
Poecilia sphenops mollie, black
Poecilia velifera mollie, yucatan sailfin
Poecilocharax weitzmani shining tetra
(only males)
Prionobrama filigera bloodfin, glass
Pristella maxillaris pristella
Pseudogastromyzon myersi sucker, dwarf stone
Pterophyllum spp. angel fish
Puntius asoka barb, asoka
Puntius bimaculatus barb, two spot
Puntius conchonius barb, rosy
Puntius cumingi barb, cummings
Puntius filamentosus barb, black spot
Puntius lineatus barb, striped
Puntius nigrofasciatus barb, ruby
Puntius ticto barb, ticto
Puntius vittatus barb, kooli
Rasbora argyrotaenia rasbora, silver
Rasbora borapetensis 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 hengelii 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
Rasbora taeniata rasbora, blue line
Rasbora trilineata scissortail, black
Rasbora vaterifloris rasbora, flame
Rhodeus amarus bitterling
Rhodeus sericeus bitterling
Semaprochilodus insignis prochilodus
Semaprochilodus taeniurus prochilodus, flagtail
Spathodus erythrodon cichlid, blue spotted goby
Sphaerichthys osphronemoides gourami, chocolate
Sturiosoma panamense catfish, armoured
(only females of length
8 cm & over)
Symphysodon spp. discus
Synodontis decorus catfish
(only males of length
10 cm & over)
Synodontis multipunctatus catfish, African
Synodontis nigriventris cat, upsidedown
Tanganicodus irsacae goby cichlid
Tanichthys albonubes white cloud
Telmatherina ladigesi rainbow, celebes
Thayeria spp. tetra, hockeystick
Thoracocharax spp. hatchet, fish
Toxotes jaculator archer, fish
Trichogaster leeri gourami, pearl
Trichogaster microlepis gourami, moonbeam
Trichogaster trichopterus gourami, golden/gourami,
opaline/gourami, blue
Trichopsis pumilus gourami
Trichopsis vittatus gourami
Trinectes maculatus flounder, freshwater
Triportheus spp. fish, false hatchet
Tropheus spp. cichlids, African
Xiphophous helleri swordtail
Xiphophorus maculatus platy
Xiphophorus variatus platy, variegated
Division 2 - Marine Fish (Class Pisces)
Family Genus, species or sub-species Common Name
Acanthuridae All species of the family Surgeonfish
Acanthuridae
Anomalopidae All species of the family Flashlight
Anomalopidae fish
Apogonidae All species of the family Cardinal
Apogonidae fishes
Balistidae All species of the family Triggerfish
Balistidae
Blennidae Cirripectes stigmaticus Blennies
Ecsenius axelrodi
Ecsenius bicolor
Ecsenius graveri
Ecsenius melarchus
Ecsenius midas
Ecsenius pulcher
Lipophrys nigriceps
Meiacanthus astrodorsalis
Meiacanthus grammistes
Meiacanthus ovalauensis
Brotulidae All species of the family Eel-Pouts
Brotulidae
Bythitidae All species of the family Cusk Eels
Bythitidae
Callionymidae All species of the family Dragonets
Callionymidae
Carangidae Alectis sp Trevally
Carapidae All species of the family Pearlfish
Carapidae
Centriscidae All species of the family Razor fish
Centriscidae
Chaetodontidae All species of the family Butterfly
Chaetodontidae fish
Cirrhitidae All species of the family Hawk fish
Cirrhitidae
Dasyatidae Taeniura lymma Stingrays
Ephippididae All species of the family Batfish
Ephippididae
Gobiidae Gobiodon sp Gobies
Lythrypnus sp
Nemateleotris sp
Ptereleotris sp
Signigobius sp
Valenciennea strigata
Grammidae All species of the family Grammas
Grammidae
Heterodontidae Heterodontidae zebra Bullhead
sharks
Holocentridae All species of the family Squirrel
Holocentridae fish
Labridae All species of the family Wrasses
Labridae
Lobotidae Lobotes sp Jumping Cod
Lutjanidae Macolor sp Sea perches
Symphorichthys sp
Malacanthidae All species of the family Blanquillos
Malacanthidae
Monocentrididae All species of the family Pineapple
Monocentrididae fish
Mugiloididae All species of the family Weevers
Mugiloididae
Mullidae All species of the family Mullidae Goatfish
Muraenidae All species of the family Moray eels
Muraenidae
Ostraciidae All species of the family Box fish
Ostraciidae
Pegasidae All species of the family Seamoths
Pegasidae
Pempherididae All species of the family Sweepers
Pempherididae
Pholidichthyidae All species of the family Convict
Pholidichthyidae blennies
Plesiopidae All species of the family Longfins
Plesiopidae
Plotosidae Plotosus lineatus Eel-tailed
catfish
Pomacanthidae All species of the family Angel fish
Pomacanthidae
Pomacentridae All species of the family Damsel fish
Pomacentridae
Priacanthidae All species of the family Bullseyes
Priacanthidae
Pseudochromidae All species of the family Dottybacks
Pseudochromidae
Scaridae All species of the family Scaridae Parrotfish
Scolopsidae Scolopsis bilineatus Spine-
cheeks
Scolopsis (Nemipterus) bleekeri
Scorpaenidae Brachirus sp Scorpion
Dendrochirus sp fish
Pterois sp
Rhinopias sp
Serranidae Anthias sp Rock Cods
Cromileptes sp
Siganidae Siganus (Lo) sp Rabbit fish
Syngnathidae All species of the family Pipe fish
Syngnathidae
Tetraodontidae Canthigaster sp Puffer fish
Zanclidae All species of the family Tangs
Zanclidae
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - SCHEDULE 7
SCH
SCHEDULE 7 Section 16
SPECIES OF NATIVE AUSTRALIAN ANIMALS ELIGIBLE TO BE
TREATED AS HOUSEHOLD PETS
Class Order Family Species
AVES PSITTA- Cacatuidae Cacatua galerita
CIFORMES (cockatoo, sulphur-crested)
Cacatua roseicapilla
(galah)
Cacatua sanguinea
(corella, little)
Cacatua tenuirostris
(corella, long-billed)
Nymphicus hollandicus
(cockatiel)
Platycercidae Melopsittacus undulatus
(budgerigar)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 - EXTRACT
SECT
EXTRACTS FROM WILDLIFE PROTECTION (REGULATION OF EXPORTS AND
IMPORTS) AMENDMENT ACT 1995 SCHEDULE 1 Section 3
DEFINITIONS OF "ANIMAL SPECIMEN" AND "PLANT SPECIMEN"
1. Subsection 4(1) (paragraph (d) of the definition of "animal specimen"):
Omit the paragraph, substitute:
(d) any article wholly produced by or from, or otherwise wholly derived
from, a single animal;
but does not include:
(e) a fossil; or
(f) a mineralised deposit;".
2. Subsection 4(1) (definition of "plant"):
After "kingdom" insert ", and includes fungi".
3. Subsection 4(1) (paragraph (d) of the definition of "plant specimen"):
Omit the paragraph, substitute:
(d) any article wholly produced by or from, or otherwise wholly derived
from, a single plant;
but does not include:
(e) a fossil; or
(f) a mineralised deposit;".
SCHEDULE 2 Section 3
POWERS OF THE DESIGNATED AUTHORITY AND THE MINISTER
1. Subsections 23(4) and (5):
Omit "(including the purpose of enabling the Designated Authority to advise
the Minister in relation to the application)".
2. Amendment of listed provisions (1) Each of the following provisions of the
Wildlife Protection (Regulation of Exports and Imports) Act 1982 is amended by
omitting "the Designated Authority has advised the Minister that the
Designated Authority is satisfied" and substituting "the Minister is
satisfied":
section 25 section 26 subsections 27(1) and (2) sections 28, 29, 30, 31, 33
and 34 subsections 32(2) and (3) subsections 35(1), (2) and (3) subsections
36(1) and (2) subsections 37(1) and (2) section 38 subsection 41(4)
subsections 42(4) and (5) subsection 42A(7) subsection 42B(9) subsection 43(6)
paragraph 44(1)(b) subsection 56A(3).
(2) If section 56A of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 is repealed before the commencement of this item, the list
in subitem (1) has effect as if it did not include a reference to subsection
56A(3) of that Act.
3. Paragraph 44(1)(c):
Omit all the words before " is satisfied that:", substitute "even though the
Minister is not satisfied in relation to that matter, the Minister".
4. Subsection 76(4):
Omit the subsection.
5. Paragraph 80(1)(e):
Omit "Designated Authority that the Designated Authority", substitute
"Minister that the Minister".
6. Paragraph 80(1)(k):
Omit "Designated Authority that the Designated Authority", substitute
"Minister that the Minister".
7. Subsection 80(2):
Omit "Designated Authority that the Designated Authority", substitute
"Minister that the Minister".
8. Saving - AAT review of pre-commencement decisions Despite the amendments of
section 80 of the Wildlife Protection (Regulation of Exports and Imports) Act
1982 made by this Schedule, that section continues to apply, in relation to a
decision of the Designated Authority made before the commencement of this
item, as if those amendments had not been made.
SCHEDULE 3 Section 3
MANAGEMENT PROGRAMS AND CONTROLLED SPECIMENS
1. Subsection 10(1):
After "Subject to" insert "subsection (1B) and to".
2. Before subsection 10(2):
Insert:
"(1B) If:
(a) a management program has been, is being, or is proposed to be, carried
out in a State or Territory; and
(b) the management program relates to the protection, conservation or
management of particular animals or of particular plants, or of both;
the Minister must not make a declaration about the management program unless:
(c) legislation relating to the protection, conservation or management of
the animals or plants is in force in the State or Territory; and
(d) the legislation applies throughout the State or Territory; and
(e) in the opinion of the Minister, the legislation is effective.".
3. Subsection 10(2):
Omit the subsection, substitute:
"(2) The regulations may provide that the Minister must not declare a
management program to be an approved management program unless the Minister is
satisfied of certain matters in relation to the program.".
4. After subsection 10(2):
Insert:
"(2A) A declaration under subsection (1) ceases to be in force at the
beginning of the fifth anniversary of the day on which the declaration took
effect. However, this rule does not apply if a period of less than 5 years is
specified in the declaration in accordance with subsection (3).
"(2B) If a declaration ceases to be in force because of subsection (2A), this
Act does not prevent the Minister from making a fresh declaration under
subsection (1).
"(2C) A fresh declaration under subsection (1) may be made during the 90-day
period before the time when the current declaration ceases to be in force.
"(2D) A fresh declaration that is made during that 90-day period takes effect
immediately after the end of that period.".
5. Subsection 10(3):
Omit all the words and paragraphs after "complied with;", substitute "but, in
such a case, the instrument of declaration is to specify the period,
circumstances or condition.".
6. Section 10:
Add at the end:
"(4) If a declaration specifies circumstances as mentioned in subsection (3),
the Minister must revoke the declaration if he or she is satisfied that those
circumstances have ceased to exist.
"(5) The Minister may vary a declaration by:
(a) specifying one or more conditions (or further conditions) to which the
declaration is subject; or
(b) revoking or varying a condition:
(i) specified in the instrument of declaration; or
(ii) specified under paragraph (a).
"(6) The Minister must revoke a declaration if he or she is satisfied that a
condition of the declaration has been contravened.
"(7) The Minister may revoke a declaration at any time.".
7. After subsection 10A(2):
Insert:
"(2A) Except in special circumstances, the Minister must not make a
declaration under subsection (2) about specimens of a particular kind unless:
(a) legislation relating to the protection, conservation or management of
the specimens is in force in each State and Territory from which the specimens
are to be taken; and
(b) the legislation applies throughout each State and Territory from which
the specimens are to be taken; and
(c) in the opinion of the Minister, the legislation is effective.".
8. After subsection 10A(3):
Insert:
"(3A) A declaration under subsection (2) or (3) ceases to be in force at the
beginning of the fifth anniversary of the day on which the declaration took
effect. However, this rule does not apply if a period of less than 5 years is
specified in the declaration in accordance with subsection (4).
(3B) If a declaration ceases to be in force because of subsection
(3A), this Act does not prevent the Minister from making a fresh declaration
under subsection (2) or (3).
(3C) A fresh declaration under subsection (2) or (3) may be made during the
90-day period before the time when the current declaration ceases to be in
force.
(3D) A fresh declaration that is made during that 90-day period takes effect
immediately after the end of that period.".
9. Subsection 10A(4):
Omit all the words and paragraphs after "a particular condition;", substitute
"but, in such a case, the instrument of declaration is to specify the period,
quantity, circumstances or condition.".
10. After subsection 10A(4):
Insert:
(4A) If a declaration specifies circumstances as mentioned in subsection
(4), the Minister must revoke the declaration if he or she becomes satisfied
that those circumstances have ceased to exist.
(4B) The Minister may vary a declaration by:
(a) specifying one or more conditions (or further conditions) to which the
declaration is subject; or
(b) revoking or varying any condition:
(i) specified in the instrument of declaration; or
(ii) specified under paragraph (a).
(4C) The Minister must revoke a declaration if he or she becomes satisfied
that a condition of the declaration has been contravened.
(4D) The Minister may revoke a declaration at any time.".
11. Subsection 10A(5):
Omit the subsection, substitute:
(5) The regulations may prescribe matters that are to be taken into account
by the Minister when deciding whether or not to declare specimens to be
controlled specimens under subsection (2) or (3).".
12. Paragraphs 80(1)(aa), (ab) and (ac):
Omit the paragraphs, substitute:
"(aa) a decision of the Minister under subsection 10(4), (6) or (7) to revoke
a declaration;
(ab) a decision by the Minister under subsection 10(5) to vary a
declaration;
(ac) a declaration by the Minister under subsection 10A(2) or (3);
(ad) a decision of the Minister under subsection 10A(4A), (4C) or (4D) to
revoke a declaration;
(ae) a decision by the Minister under subsection 10A(4B) to vary a
declaration;".
13. Application Despite the repeal of paragraphs 80(1)(aa), (ab) and (ac) of
the Wildlife Protection (Regulation of Exports and Imports) Act 1982 effected
by this Schedule, those paragraphs continue to apply, in relation to a
declaration or revocation, as the case requires, made before the commencement
of this item, as if those repeals had not happened.
14. Transitional - declarations about management programs If:
(a) a declaration under subsection 10(1) of the Wildlife Protection
(Regulation of Exports and Imports) Act 1982 in relation to a management
program is in force immediately before the commencement of this item; and
(b) the instrument of declaration does not specify a period for the purposes
of subsection 10(3) of that Act;
the declaration expires on the commencement of this item. However, this item
does not prevent the Minister from making a fresh declaration under subsection
10(1) of that Act in relation to the management program.
15. Transitional - declarations about controlled specimens If:
(a) a declaration under subsection 10A(2) or (3) of the Wildlife Protection
(Regulation of Exports and Imports) Act 1982 in relation to a specimen is in
force immediately before the commencement of this item; and
(b) the instrument of declaration does not specify a period for the purposes
of subsection 10A(4) of that Act;
the declaration expires on the commencement of this item. However, this item
does not prevent the Minister from making a fresh declaration under subsection
10A(2) or (3) of that Act in relation to the specimen.
SCHEDULE 4 Section 3
IMPORT OF CERTAIN SPECIMENS
1. After paragraph 22(a):
Insert:
"(aa) a specimen specified in Part I of Schedule 2A; or".
2. Subsection 35(1):
Omit "or Part I of Schedule 3", substitute ", Part I of Schedule 2A or Part I
of Schedule 3".
3. Subparagraph 36(1)(c)(i):
Add at the end "or".
4. Subsection 37(1):
Omit "subsection (2)", substitute "subsections (2) and (3)".
5. Section 37:
Add at the end:
(3) The Minister may grant a permit to import a specimen specified in Part I
of Schedule 2, other than a live animal, if the Minister is satisfied that:
(a) the country from which the specimen is proposed to be imported has a
relevant authority; and
(b) permission to export that specimen from that country has been given by a
relevant authority of that country; and
(c) the specimen is not an object of trade.".
6. After section 38:
Insert:
Requirements for permits to import - Schedule 2A
"38A. The Minister must not grant a permit to import a specimen specified in
Part I of Schedule 2A unless the Minister is satisfied:
(a) in a case where the import is not by way of introduction from the sea
and the country from which the specimen is imported is specified in a column
of Part II or III of that Schedule opposite the name of the species to which
the specimen belongs - that:
(i) the country from which the specimen is proposed to be
imported has a relevant authority; and
(ii) permission to export that specimen from that country has
been given by a relevant authority of that country; and
(b) in a case where the import is not by way of introduction from the sea
and the country from which the specimen is imported is not specified in a
column of Part II or III of that Schedule opposite the name of the species to
which the specimen belongs - that the proposed sender holds a certificate of
origin, or an equivalent document or notation, in relation to the specimen;
and
(c) in a case where the specimen is a live animal - that:
(i) the proposed sender is an approved institution in relation
to a class of specimens that includes that live animal; or
(ii) the proposed import would be an inter zoological
gardens transfer.".
7. After Schedule 2:
Insert:
" SCHEDULE 2A Sections 22, 35 and 38A
CITES APPENDIX III SPECIMENS
PART I - SPECIMENS
A specimen, other than faeces, 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, a plant of a genus, species or
sub-species specified, or described, in Part III, other than:
a seed, spore, pollen (including pollinia), a tissue culture or
flasked seedling culture; or
a part or derivative of the specimen that is not readily
recognisable.
PART II - ANIMALS
Order/Family
Genus, species or sub-species
Country
Common name
DIVISION 1 - Class Mammalia
CHIROPTERA
BATS
Phyllostomidae
Vampyrops lineatus
Uruguay
EDENTATA
SLOTHS
Myrmecophagidae
Tamandua tetradactyla
Guatemala
Megalonychidae
Choloepus hoffmanni
Costa Rica
Dasypodidae
Cabassous centralis
Costa Rica
Cabassous tatouay
Uruguay
RODENTIA SQUIRRELS
Sciuridae
Epixerus ebii
Ghana
Marmota caudata
India
Marmota himalayana
India
Sciurus deppei
Costa Rica
Anomaluridae
Anomalurus beecrofti
Ghana
Anomalurus derbianus
Ghana
Anomalurus pelii
Ghana
Idiurus macrotis
Ghana
Hystricidae
Hystrix cristata
Ghana
Erethizontidae
Sphiggurus mexicanus
Honduras
Sphiggurus spinosus
Uruguay
Agoutidae
Agouti paca
Honduras
Dasyproctidae
Dasyprocta punctata
Honduras
CARNIVORA
DOGS, WOLVES,
COYOTES,
JACKALS,
FOXES
Canidae
Canis aureus
India
Vulpes bengalensis
India
Vulpes vulpes griffithi
India
Vulpes vulpes montana
India
Vulpes vulpes pusilla
India
Procyonidae
Bassaricyon gabbii
Costa Rica
Bassariscus sumichrasti
Costa Rica
Nasua narica
Honduras
Nasua nasua solitaria
Uruguay
Potos flavus
Honduras
Mustelidae
Eira barbara
Honduras
Galictis vittata
Costa Rica
Martes flavigula
India
Martes foina intermedia
India
Mellivora capensis
Botswana, Ghana
Mustela altaica
India
Mustela erminea ferghanae
India
Mustela kathiah
India
Mustela sibirica
India
Viverridae
Arctictis binturong
India
Civettictis civetta
Botswana
Paguma larvata
India
Paradoxurus hermaphroditus
India
Paradoxurus jerdoni
India
Viverra civettina
India
Viverra zibetha
India
Viverricula indica
India
Herpestidae
Herpestes javanicus
auropunctata
India
Herpestes edwardsi
India
Herpestes brachyurus fusca
India
Herpestes smithii
India
Herpestes urva
India
Herpestes vitticollis
India
Protelidae
Proteles cristatus
Botswana
PINNIPEDIA EARED
SEALS
Odobenidae
Odobenus rosmarus
Canada
ARTIODACTYLA PRONGHORNS,
ANTELOPES,
CATTLE,
DUIKERS,
GAZELLES,
SHEEP
Tragulidae
Hyemoschus aquaticus
Ghana
Cervidae
Cervus elaphus barbarus
Tunisia
Mazama americana cerasina
Guatemala
Odocoileus virginianus mayensis
Guatemala
Bovidae
Antilope cervicapra
Nepal
Bubalus arnee
Nepal
Damaliscus lunatus
Ghana
Gazella cuvieri
Tunisia
Gazella dorcas
Tunisia
Gazella leptoceros
Tunisia
Tetracerus quadricornis
Nepal
Tragelaphus eurycerus
Ghana
Tragelaphus spekii
Ghana
DIVISION 2 - Aves
CICONIIFORMES STORKS
Ardeidae
Ardea goliath
Ghana
Bubulcus ibis
Ghana
Casmerodius albus
Ghana
Egretta garzetta
Ghana
Ciconiidae
Ephippiorhynchus senegalensis
Ghana
Leptoptilos crumeniferus
Ghana
Threskiornithidae
Bostrychia hagedash
Ghana
Bostrychia rara
Ghana
Threskiornis aethiopicus
Ghana
ANSERIFORMES DUCKS,
GEESE,
SWANS
Anatidae
Alopochen aegyptiacus
Ghana
Anas acuta
Ghana
Anas capensis
Ghana
Anas clypeata
Ghana
Anas crecca
Ghana
Anas penelope
Ghana
Anas querquedula
Ghana
Aythya nyroca
Ghana
Cairina moschata
Honduras
Dendrocygna autumnalis
Honduras
Dendrocygna bicolor
Ghana,
Honduras
Dendrocygna viduata
Ghana
Nettapus auritus
Ghana
Plectropterus gambensis
Ghana
Pteronetta hartlaubii
Ghana
FALCONIFORMES
Cathartidae
Sarcoramphus papa
Honduras
GALLIFORMES PHEASANTS,
GROUSE
Cracidae
Crax alberti
Colombia
Crax daubentoni
Colombia
Crax globulosa
Colombia
Crax rubra
Colombia, Costa Rica, Guatemala, Honduras
Ortalis vetula
Guatemala, Honduras
Pauxi pauxi
Colombia
Penelope purpurascens
Honduras
Penelopina nigra
Guatemala
Phasianidae
Agelastes meleagrides
Ghana
Agriocharis ocellata
Guatemala
Arborophila charltonii
Malaysia
Arborophila orientalis
Malaysia
Caloperdix oculea
Malaysia
Lophura erythrophthalma
Malaysia
Lophura ignita
Malaysia
Melanoperdix nigra
Malaysia
Polyplectron inopinatum
Malaysia
Rhizothera longirostris
Malaysia
Rollulus rouloul
Malaysia
Tragopan satyra
Nepal
CHARADRIIFORMES
Burhinidae
Burhinus bistriatus
Guatemala
COLUMBIFORMES DOVES,
PIGEONS
Columbidae
Columba guinea
Ghana
Columba iriditorques
Ghana
Columba livia
Ghana
Columba mayeri
Mauritius
Columba unicincta
Ghana
Oena capensis
Ghana
Streptopelia decipiens
Ghana
Streptopelia roseogrisea
Ghana
Streptopelia semitorquata
Ghana
Streptopelia senegalensis
Ghana
Streptopelia turtur
Ghana
Streptopelia vinacea
Ghana
Treron calva
Ghana
Treron waalia
Ghana
Turtur abyssinicus
Ghana
Turtur afer
Ghana
Turtur brehmeri
Ghana
Turtur tympanistria
Ghana
PSITTACIFORMES PARROTS
Psittacidae
Psittacula krameri
Ghana
CUCULIFORMES
TURACOS
Musophagidae
Corythaeola cristata
Ghana
Crinifer piscator
Ghana
Musophaga violacea
Ghana
PICIFORMES
TOUCANS
Capitonidae
Semnornis ramphastinus
Colombia
Ramphastidae
Baillonius bailloni
Argentina
Pteroglossus castanotis
Argentina
Ramphastos dicolorus
Argentina
Selenidera maculirostris
Argentina
PASSERIFORMES
COTINGAS
Cotingidae
Cephalopterus ornatus
Colombia
Cephalopterus penduliger
Colombia
Muscicapidae
Bebrornis rodericanus
Mauritius
Terpsiphone bourbonnensis
Mauritius
Fringillidae
Serinus canicapillus
Ghana
Serinus leucopygius
Ghana
Serinus mozambicus
Ghana
Estrildidae
Amadina fasciata
Ghana
Amandava subflava
Ghana
Estrilda astrild
Ghana
Estrilda caerulescens
Ghana
Estrilda melpoda
Ghana
Estrilda troglodytes
Ghana
Lagonosticta rara
Ghana
Lagonosticta rubricata
Ghana
Lagonosticta rufopicta
Ghana
Lagonosticta senegala
Ghana
Lagonosticta vinacea
Ghana
Lonchura bicolor
Ghana Lonchura cantans Ghana Lonchura
cucullata Ghana Lonchura fringilloides Ghana
Mandingoa nitidula Ghana Nesocharis
capistrata Ghana Nigrita bicolor Ghana
Nigrita canicapilla Ghana Nigrita fusconota
Ghana Nigrita luteifrons Ghana Ortygospiza
atricollis Ghana Parmoptila rubrifrons Ghana
Pholidornis rushiae Ghana Pyrenestes
ostrinus Ghana Pytilia hypogrammica Ghana
Pytilia phoenicoptera
Ghana
Spermophaga haematina
Ghana
Uraeginthus bengalus
Ghana
Ploceidae
Amblyospiza albifrons
Ghana
Anaplectes rubriceps
Ghana
Anomalospiza imberbis
Ghana
Bubalornis albirostris
Ghana
Euplectes afer
Ghana
Euplectes ardens
Ghana
Euplectes franciscanus
Ghana
Euplectes hordeaceus
Ghana
Euplectes macrourus
Ghana
Malimbus cassini
Ghana
Malimbus malimbicus
Ghana
Malimbus nitens
Ghana
Malimbus rubricollis
Ghana
Malimbus scutatus
Ghana
Pachyphantes superciliosus
Ghana
Passer griseus
Ghana
Petronia dentata
Ghana
Plocepasser superciliosus
Ghana
Ploceus albinucha
Ghana
Ploceus aurantius
Ghana
Ploceus cucullatus
Ghana
Ploceus heuglini
Ghana
Ploceus luteolus
Ghana
Ploceus melanocephalus
Ghana
Ploceus nigerrimus
Ghana
Ploceus nigricollis
Ghana
Ploceus pelzelni
Ghana
Ploceus preussi
Ghana
Ploceus tricolor
Ghana
Ploceus vitellinus
Ghana
Quelea erythrops
Ghana
Sporopipes frontalis
Ghana
Vidua chalybeata
Ghana
Vidua interjecta
Ghana
Vidua larvaticola
Ghana
Vidua macroura
Ghana
Vidua orientalis
Ghana
Vidua raricola
Ghana
Vidua togoensis
Ghana
Vidua wilsoni
Ghana
Sturnidae
Gracula religiosa
Thailand
DIVISION 3 - Reptilia
TESTUDINATA
TURTLES
Trionychidae
Trionyx triunguis
Ghana
Pelomedusidae
Pelomedusa subrufa
Ghana
Pelusios adansonii
Ghana
Pelusios castaneus
Ghana
Pelusios gabonensis
Ghana
Pelusios niger
Ghana
SERPENTES
SNAKES
Colubridae
Atretium schistosum
India
Cerberus rhynchops
India
Xenochrophis piscator
India
Elapidae
Micrurus diastema
Honduras
Micrurus nigrocinctus
Honduras
Viperidae
Agkistrodon bilineatus
Honduras
Bothrops asper
Honduras
Bothrops nasutus
Honduras
Bothrops nummifer
Honduras
Bothrops ophryomegas
Honduras
Bothrops schlegelii
Honduras
Crotalus durissus
Honduras
Vipera russellii
India
PART III - PLANTS
GNETACEAE
Gnetum montanum
Nepal
MAGNOLIACEAE
Talauma hodgsonii
Nepal
PAPAVERACEAE
Meconopsis regia
Nepal
PODOCARPACEAE
Podocarpus neriifolius
Nepal
TETRACENTRACEAE
Tetracentron sinense
Nepal".
SCHEDULE 5 Section 3
ZOOLOGICAL EXPORT OF LIVE ANIMALS
1. Paragraph 13(1)(a):
Add at the end "and".
2. Paragraph 13(1)(b):
Omit the paragraph, substitute:
"(b) in the case of a specimen that is a live animal:
(i) in all cases - the animal is not required by the exporter or
the sender, as the case may be, for the purposes of breeding, exhibition or
research; and
(ii) if the animal was bred in captivity - the animal was bred
in captivity by the exporter or the sender, as the case may be; and".
3. Subsection 13(1):
Add at the end:
"; and (e) in the case of the export of a live native Australian animal:
(i) the animal belongs to a species that can readily be bred in
captivity; and
(ii) the animal is for use in a breeding program specified in
the regulations; and
(f) in the case of a live animal specified in Part I of Schedule 1:
(i) the animal belongs to a species that can be bred in
captivity; and
(ii) the animal is for use in a breeding program specified in
the regulations.".
4. After section 47:
Insert:
Export of live native Australian animals by way of inter zoological gardens
transfer - special conditions in respect of permits or authorities
When section applies
"47A. (1) This section applies to a permit granted, or an authority given, to
export a live native Australian animal by way of an inter zoological gardens
transfer.
Conditions relating to agreements
(2) Without limiting the conditions that may be imposed under subsection
47(1) in respect of the permit or authority, a condition so imposed may:
(a) require the exporter of the animal to enter into a specified kind of
legally enforceable agreement about the treatment or disposal of the animal
and any progeny of the animal; and
(b) require the exporter of the animal to take reasonable steps to enforce
the agreement.
Duration of permit or authority
(3) For the purposes of section 48, the permit or authority is taken to be
in force:
(a) throughout the life of the animal; and
(b) throughout the life, or lives, of any progeny of the animal;
or for such lesser period as the Designated Authority determines in writing.
Meaning of progeny
(4) In this section:
"progeny" does not include animal reproductive material.".
5. After paragraph 80(1)(s):
Insert:
"(sa) a decision by the Designated Authority under subsection 47A(3);".
SCHEDULE 6 Section 3
EXPORT OF HOUSEHOLD PETS
1. Paragraph 16(1)(a):
After "Schedule 7" insert ", other than the species Melopsittacus undulatus
(common name budgerigar)".
2. Paragraph 16(1)(b):
Omit the paragraph, substitute:
"(b) the exporter kept the animal as a household pet immediately before the
export;".
3. Paragraphs 16(1)(e) and (f):
Omit the paragraphs, substitute:
"(e) it is not proposed to export (whether by virtue of this subsection or
otherwise) more than one other animal of a species specified in Schedule 7
(other than a budgerigar), where that other animal has been kept as a
household pet by the exporter or the members of the household of the
exporter.".
SCHEDULE 7 Section 3
DURATION OF CERTAIN PERMITS
1. Paragraph 24(5)(b):
Omit the paragraph, substitute:
"(b) subject to section 46, remains in force:
(i) in the case of a permit to export or import a specimen
(other than a specimen specified in Part I of Schedule 1, Part I of Schedule 2
or Part I of Schedule 3) for the purposes of scientific research - for a
period of 2 years beginning on the date on which it is granted or, if a lesser
period is specified in the permit, that lesser period; or
(ii) in any other case - for a period of 6 months beginning on
the date on which it is granted or, if a lesser period is specified in the
permit, that lesser period.".
2. Application The amendment made by this Schedule applies to a permit granted
after the commencement of this item.
SCHEDULE 8 Section 3
MARKING OF CERTAIN SPECIMENS FOR IDENTIFICATION PURPOSES
1. After Division 6 of Part II:
Insert:
"Division 6A - Marking of certain specimens for the
purposes of identification
Object
"51A. The object of this Division is:
(a) to comply with Australia's obligations under:
(i) the Convention on Biological Diversity; and
(ii) the Convention (as defined by subsection 4(1)); and
(b) otherwise to further the protection and conservation of the wild fauna
and flora of Australia and of other countries;
by requiring the marking of certain live specimens for the purposes of
identification.
Note: Article 8 of the Convention on Biological Diversity requires each
Contracting Party to, among other things, as far as possible and as
appropriate:
promote the protection of ecosystems, natural habitats and the maintenance
of viable populations of species in natural surroundings; and
prevent the introduction of, control or eradicate those alien species which
threaten ecosystems, habitats or species; and
develop or maintain necessary legislation and/or other regulatory provisions
for the protection of threatened species and populations.
Specimens to which Division applies
"51B. This Division applies to a live specimen belonging to a species
specified in the regulations if:
(a) the specimen has been imported in accordance with a permit or authority;
or
(b) the specimen is the progeny of a specimen referred to in paragraph (a).
Extended meaning of "marking"
"51C. A reference in this Division to the marking of a specimen includes a
reference to the following:
(a) in the case of a live plant:
(i) the marking or labelling of a container within which the
plant is kept or in which the plant is growing; and
(ii) the placement of a label or tag on the plant;
(b) in the case of a live animal:
(i) the implantation of a scannable device in the animal; and
(ii) the placement of a band on any part of the animal; and
(iii) the placement (whether by piercing or otherwise) of a tag
or ring on any part of the animal; and
(iv) the marking or labelling of a container within which the
animal is kept.
Designated Authority may make determinations about marking of specimens
Determinations
"51D. (1) The Designated Authority may make a written determination about the
marking of specified kinds of specimens for the purposes of identification.
Matters that may be covered by determination
(2) Without limiting subsection (1), a determination by the Designated
Authority under that subsection may:
(a) require specimens to be marked; and
(b) deal with the manner in which specimens are to be marked; and
(c) deal with the times at which marking is to occur; and
(d) deal with the removal or destruction of marks; and
(e) deal with the replacement or modification of marks; and
(f) require that marking be carried out by persons approved in writing by
the Designated Authority under that determination; and
(g) deal with the circumstances in which marks may be, or are required to
be, rendered useless; and
(h) in the case of a mark that consists of a label, tag, band or device:
(i) set out specifications relating to the label, tag, band or
device; and
(ii) require that any destruction or removal of the label, tag,
band or device be carried out by a person approved in writing by the
Designated Authority under that determination.
Marking of animals not to involve undue pain etc.
(3) In the case of a live animal, a determination under subsection (1) must
not require marking that involves:
(a) undue pain or distress to the animal; or
(b) undue risk of the death of the animal.
Marking of plants not to involve undue risk of death (4) In the case of a
live plant, a determination under subsection (1) must not require marking that
involves undue risk of the death of the plant.
Disallowable instrument
(5) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.
Offences
Owner to ensure specimens marked etc.
"51E. (1) If a determination under section 51D applies to a specimen, the
owner of the specimen must comply with the determination.
Person not to remove or interfere with mark etc.
(2) If a specimen is marked in accordance with a determination under section
51D, a person must not:
(a) remove the mark; or
(b) interfere with the mark; or
(c) render the mark unusable;
except in accordance with a determination under that section.
Offence
(3) A person who intentionally or recklessly contravenes subsection (1) or
(2) is guilty of an offence punishable on conviction by a fine not exceeding
120 penalty units.
Concurrent operation of State and Territory laws
"51E. This Division is not intended to exclude or limit the operation of a law
of a State or Territory that is capable of operating concurrently with this
Division.".
2. Subsection 80(1):
After "review of" insert "any of the following decisions".
3. Paragraph 80(1)(u):
Omit "or" (last occurring).
4. After paragraph 80(1)(u):
Insert:
"(ua) a decision of the Designated Authority under a determination in force
under section 51D;".
SCHEDULE 9 Section 3
ARRANGEMENTS RELATING TO ENFORCEMENT ETC.
1. Section 77:
Add at the end:
(2) The Designated Authority may make arrangements with:
(a) an authority, agency or instrumentality of the Commonwealth; or
(b) the Secretary to a Department; or
(c) an authority, agency or instrumentality of a State or internal
Territory; or
(d) the administration of an external Territory; or
(e) an authority, agency or instrumentality of a foreign country; or
(f) an organisation specified in the regulations;
about any matter in connection with:
(g) the administration or enforcement of this Act; or
(h) the implementation of the Convention.".
SCHEDULE 10 Section 3
NOTIFICATION OF PERMITS AND AUTHORITIES ETC.
1. Subsection 52(1):
Omit the subsection, substitute:
(1) The Designated Authority must, from time to time, but not less
frequently than every 12 months, prepare a document setting out particulars
of:
(a) permits granted or authorities given; and
(b) refusals to grant permits or to give authorities; and
(c) specimens exported or imported in accordance with permits or
authorities.
(1A) The Designated Authority must:
(a) give a free copy of the document to any person who asks for a copy; and
(b) make the document available for inspection at each office of the
Designated Authority.
(1B) As soon as practicable after the Designated Authority prepares a
document under subsection (1), the Designated Authority must publish a notice
in the Gazette:
(a) stating that the document has been prepared; and
(b) setting out the effect of subsection (1A).".
2. Subsections 52(2) and (3):
Omit "published in the Gazette", substitute "set out in a document".
SCHEDULE 11 Section 3
IDENTITY CARDS FOR INSPECTORS
1. After subsection 61(2):
Insert:
(3) A person who, without reasonable excuse, contravenes subsection (2) is
guilty of an offence punishable on conviction by a fine not exceeding one
penalty unit.".
2. Section 61:
Omit the penalty.
SCHEDULE 12 Section 3
APPLICATIONS
1. After subsection 9 (1):
Insert:
"(1A) A declaration under subsection (1) that relates to Schedule 6 may be
made:
(a) on the Minister's own initiative; or
(b) on written application being made to the Minister.
2.After subsection 10 (1):
Insert:
"(1A) A declaration under subsection (1) may be made:
(a) on the Minister's own initiative; or
(b) on written application being made to the Minister.
3. After subsection 10A (5):
Insert:
"(5A) A declaration under subsection (2) or (3) may be made:
(a) on the Minister's own initiative; or
(b) on written application being made to the Minister.
SCHEDULE 13 Section 3
PROPOSALS FOR THE AMENDMENT OF SCHEDULE 6 TO THE WILDLIFE
PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
1. Section 9:
Add at the end:
"Note: See section 9B for requirements about comments on proposed declarations
relating to the amendment of Schedule 6.".
2. Before paragraph 9A(1)(a):
Insert:
"(aa) proposals for declarations under section 9, where the declarations
relate to the amendment of Schedule 6; and".
3. Before paragraph 9B(1)(a):
Insert:
"(aa) make a declaration under section 9, where the declaration relates to the
amendment of Schedule 6; or".
SCHEDULE 14 Section 3
REGULATION OF THE POSSESSION OF CLASSIFIED EXOTIC BIRDS
1. Title:
After "goods," insert "and by regulating the possession of certain exotic
birds,".
2. Subsection 4(1) (definition of "holder"):
Add at the end:
"or
(c) in relation to a registration certificate - the person who, or the
partnership that, has been granted that certificate;".
3. Subsection 4(1):
Insert:
""classified exotic bird" means a bird (other than a native Australian bird)
that belongs to a species that is not specified in Schedule 9;
` "Exotic Birds Committee" means the Exotic Birds Committee established by
section 57U;
` "registration certificate" means a registration certificate granted under
section 57H;".
4. After Part II:
Insert:
" PART IIA - REGULATION OF THE POSSESSION OF
CLASSIFIED EXOTIC BIRDS
"Division 1 - Object
Object
"57A. The object of this Part is:
(a) to comply with Australia's obligations under:
(i) the Convention on Biological Diversity; and
(ii) the Convention (as defined by subsection 4(1)); and
(b) otherwise to further the protection and conservation of the wild fauna
and flora of Australia and of other countries;
by regulating the possession of certain exotic birds.
Note: Article 8 of the Convention on Biological Diversity requires each
Contracting Party to, among other things, as far as possible and as
appropriate:
promote the protection of ecosystems, natural habitats and the maintenance
of viable populations of species in natural surroundings; and
prevent the introduction of, control or eradicate those alien species which
threaten ecosystems, habitats or species; and
develop or maintain necessary legislation and/or other regulatory provisions
for the protection of threatened species and populations.
"Division 2 - Prohibition of the unregistered possession of
classified exotic birds etc.
Unregistered possession of classified exotic birds
Possession of classified exotic birds
"57B. (1) Subject to this section, a person must not, after the end of the
transitional period, intentionally possess a classified exotic bird if the
person knows that, or is reckless as to whether, the bird is a classified
exotic bird.
Penalty: Imprisonment for 5 years.
Possession in accordance with a registration certificate
(2) Subsection (1) does not apply to the possession of a bird if the
possession is in accordance with a registration certificate.
Possession by veterinary practitioners
(3) Subsection (1) does not apply to the possession by a person of a bird
if:
(a) the person is registered as a veterinary practitioner (however
described) under a law of a State or Territory; and
(b) the possession is of a kind specified in the regulations.
This subsection does not, by implication, limit subsection (5).
Possession notified to Designated Authority during transitional period
(4) Subsection (1) does not apply to the possession by a person of a bird if
all of the following conditions are satisfied:
(a) the bird does not belong to a species specified in the regulations;
(b) the possession is at a time during the period of 90 days beginning at
the end of the transitional period;
(c) the bird was in the possession of the person at any time during the
transitional period;
(d) the person notified the Designated Authority in writing of the
possession referred to in paragraph (c) before the end of the transitional
period.
This subsection does not, by implication, limit subsection (5).
Possession of a kind specified in the regulations
(5) Subsection (1) does not apply to the possession of a bird if the
possession is of a kind specified in the regulations.
Definition
(6) In this section:
"transitional period" means the period ending 30 days after the commencement
of this section.
Note: Under section 57S, a partnership is treated as a person for the purposes
of this Division.
Unlawful transfers of possession of classified exotic birds
Offence
57C. (1) A person must not intentionally transfer to another person (the
"recipient") possession of a classified exotic bird if:
(a) the person knows that, or is reckless as to whether, the bird is a
classified exotic bird; and
(b) the recipient's possession would contravene section 57B; and
(c) the person knows that, or is negligent as to whether, the recipient's
possession would contravene section 57B.
Penalty: 120 penalty units.
Negligence
(2) For the purposes of this section, a person is taken to be negligent as
to whether the recipient's possession would contravene section 57B if, and
only if, the person's conduct involves:
(a) such a great falling short of the standard of care that a reasonable
person would exercise in the circumstances; and
(b) such a high risk that the recipient's possession would contravene
section 57B;
that the conduct merits criminal punishment.
"Division 3 - Registration certificates
Application for registration certificate
"57D. A person may apply to the Designated Authority for a registration
certificate authorising the applicant to possess birds belonging to one or
more species of classified exotic bird specified in the application.
Note: This means that the application does not have to identify individual
birds - it only needs to specify the species.
Joint applications
"57E. (1) 2 or more persons may make a joint application under section 57D.
(2) If a joint application is made, then, unless the contrary intention
appears, a reference in this Division to the applicant is a reference to the
joint applicants.
Form of application etc.
" 57F. The application must be:
(a) in writing; and
(b) in accordance with the prescribed form or, if no form is prescribed, a
form approved by the Minister.
Further information
"57G. The Designated Authority may refuse to consider the application unless
the applicant gives the Designated Authority such further information about
the application as the Designated Authority requires.
Grant of registration certificate
"57H. (1) After considering the application, the Designated Authority must
grant a registration certificate in accordance with the application.
(2) This section has effect subject to section 57J (which deals with
refusals).
Refusal of registration certificate
Designated Authority to refuse certificate if applicant disqualified "57J. (1)
Except in special circumstances, the Designated Authority must refuse to grant
a registration certificate to an applicant or to joint applicants if, at the
time the application is made, the applicant, or any of the joint applicants,
as the case requires, is:
(a) a disqualified individual; or
(b) a disqualified body corporate; or
(c) a disqualified partnership.
Note: Subsections (2), (3) and (4) define "disqualified individual",
"disqualified body corporate" and "disqualified partnership" respectively.
Disqualified individual
(2) For the purposes of this section, an individual is a disqualified
individual at a particular time if the individual has been convicted of an
offence against this Act during the 5-year period ending at that time.
Disqualified body corporate
(3) For the purposes of this section, a body corporate is a disqualified
body corporate at a particular time if:
(a) the body corporate has been convicted of an offence against this Act
during the 5-year period ending at that time; or
(b) at that time, any of the following individuals is a disqualified
individual:
(i) a director of the body corporate;
(ii) the secretary of the body corporate;
(iii) a person (by whatever name called and whether or not a
director of the body corporate) who is concerned in, or takes part in, the
management of the body corporate.
Disqualified partnership
(4) For the purposes of this section, a partnership is a disqualified
partnership at a particular time if, at that time:
(a) in a case where a partner is an individual - the partner is a
disqualified individual; or
(b) in a case where a partner is a body corporate - the partner is a
disqualified body corporate.
Extended meaning of "conviction" - orders under section 19B of the Crimes Act
1914
(5) A reference in this section to a conviction of a person of an offence
includes a reference to the making of an order under section 19B of the Crimes
Act 1914 in relation to a person in respect of an offence.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a
person to have committed an offence to take action without proceeding to
record a conviction.
Quashed convictions
(6) A reference in this section to a conviction does not include a reference
to a conviction that has been quashed.
Notification of refusal of application
"57K. If the Designated Authority refuses an application, the Designated
Authority must give written notice of the refusal to the applicant.
Duration of registration certificate
When certificate comes into force
"57L. (1) A registration certificate (the "new certificate") comes, or is
taken to have come, into force:
(a) if:
(i) the applicant for the new certificate already holds a
registration certificate (the "previous certificate"); and
(ii) the new certificate is granted by way of the renewal of the
previous certificate; and
(iii) the application for the new certificate was made at least
14 days before the expiry of the previous certificate;
immediately after the expiry of the previous certificate; or
(b) in any other case:
(i) on the day on which the new certificate is granted; or
(ii) if the new certificate is granted during the period ending
30 days after the commencement of this section - at the end of that period.
Period for which certificate remains in force
(2) A registration certificate remains in force for such period, not
exceeding 12 months, as the Designated Authority determines.
Conditions of registration certificate
"57M. (1) A registration certificate is subject to such conditions as are
specified in the certificate.
(2) The Designated Authority may, by written notice given to the holder or
holders of a registration certificate:
(a) impose one or more further conditions to which the certificate is
subject; or
(b) revoke or vary any condition:
(i) imposed under paragraph (a); or
(ii) specified in the certificate.
(3) Without limiting the kinds of conditions to which a registration
certificate may be subject, the conditions may relate to the following:
(a) the maximum number of classified exotic birds of a particular species
that may be in the possession of the holder or holders of the certificate in
accordance with the certificate;
(b) the keeping of records by the holder or holders of the certificate,
where the records relate to classified exotic birds;
(c) the giving of information to the Designated Authority by the holder or
holders of the certificate, where the information relates to classified exotic
birds;
(d) if the registration certificate is held by a partnership - the giving of
information to the Designated Authority about any change in the composition of
the partnership;
(e) the care of classified exotic birds.
Offence of contravening conditions
"57N. The holder, or any of the holders, of a registration certificate must
not intentionally contravene a condition of the certificate.
Penalty: 120 penalty units.
Surrender of registration certificate
"57P. The holder, or any of the holders, of a registration certificate may, at
any time, surrender the certificate by:
(a) returning the certificate to the Designated Authority; and
(b) giving the Designated Authority written notice that the certificate is
surrendered.
Cancellation of registration certificate
"57Q. (1) Except in special circumstances, the Designated Authority must
cancel a registration certificate at a particular time if, at that time, the
holder, or any of the holders, of the certificate is:
(a) a disqualified individual (within the meaning of section 57J); or
(b) a disqualified body corporate (within the meaning of section 57J); or
(c) a disqualified partnership (within the meaning of section 57J).
(2) Except in special circumstances, the Designated Authority must cancel a
registration certificate if the holder, or any of the holders, of the
certificate has contravened any of the conditions to which the certificate is
subject.
(3) If the Designated Authority cancels a registration certificate, the
Designated Authority must give written notice of the cancellation to the
holder or holders of the certificate.
"Division 4 - Operation of State and Territory laws
Concurrent operation of State and Territory laws
" 57R. Divisions 2 and 3 are not intended to exclude or limit the operation of
a law of a State or Territory that is capable of operating concurrently with
those Divisions.
"Division 5 - Partnerships
Treatment of partnerships
"57S. Divisions 2 and 3 apply to a partnership as if the partnership were a
person, but they apply with the following changes:
(a) obligations that would be imposed on the partnership are imposed instead
on each partner, but may be discharged by any of the partners;
(b) any offence against those Divisions that would otherwise be committed by
the partnership is taken to have been committed by each partner who:
(i) aided, abetted, counselled or procured the relevant act or
omission; or
(ii) was in any way knowingly concerned in, or party to, the
relevant act or omission (whether directly or indirectly and whether by any
act or omission of the partner).
Giving of documents to partnerships
"57T. For the purposes of Divisions 2 and 3, if a document is given to a
partner of a partnership in accordance with section 28A of the Acts
Interpretation Act 1901, the document is taken to have been given to the
partnership.
"Division 6 - Exotic Birds Committee
"Subdivision A - Establishment of Committee etc.
Exotic Birds Committee
Committee
"57U. (1) There is to be an Exotic Birds Committee.
Composition of Committee
(2) The Exotic Birds Committee consists of the following members:
(a) a Chairperson;
(b) at least 12 other members.
Vacancy not to affect performance of functions etc.
(3) The performance of the functions, or the exercise of the powers, of the
Exotic Birds Committee is not affected only because of there being a vacancy
or vacancies in the membership of the Committee.
Functions of Committee
General functions
"57V.(1) The functions of the Exotic Birds Committee are as follows:
(a) when requested to do so by the Minister, to advise the Minister about a
matter relating to the operation of the exotic birds provisions;
(b) when requested to do so by the Minister, to review and report to the
Minister about a matter relating to the operation of the exotic birds
provisions;
(c) when requested to do so by the Designated Authority, to advise the
Designated Authority about a matter relating to the operation of the exotic
birds provisions.
Functions relating to birds notified under subsection 57B(4)
(2) If:
(a) the Designated Authority is notified of the possession of a bird under
subsection 57B(4); and
(b) the Designated Authority has not previously been given a notification
under that subsection about a bird of the same species;
the Designated Authority must request the Exotic Birds Committee to advise the
Minister about whether or not birds of that species should be specified in
Schedule 9.
Definition
(3) In this section:
"exotic birds provisions" means the provisions of this Act and the
regulations, to the extent to which they relate to classified exotic birds.
Appointment of members
Appointment by Minister
"
57W. (1) A member of the Exotic Birds Committee is to be appointed by the
Minister by written instrument.
Qualifications of Chairperson of Committee
(2) The Minister may only appoint a person as the Chairperson of the Exotic
Birds Committee if:
(a) in the opinion of the Minister, the person possesses qualifications
and/or expertise relevant to the regulation of classified exotic birds; and
(b) the person is not an employee of the Commonwealth or of an authority of
the Commonwealth; and
(c) the person does not hold a full-time office under a law of the
Commonwealth.
Qualifications of other members of Committee
(3) The Minister must ensure that each of the other members of the Exotic
Birds Committee possesses such qualifications, experience or expertise as the
Minister thinks relevant to the performance of the Committee's functions.
Majority of members not to be Commonwealth employees
(4) The Minister must ensure that persons employed by the Commonwealth or
authorities of the Commonwealth do not constitute a majority of the members of
the Exotic Birds Committee.
Majority of members not to represent any one body or group
(5) The Minister must ensure that persons representing any one interest body
or group do not constitute a majority of the members of the Exotic Birds
Committee.
"Subdivision B - Administrative provisions
Period of appointment
Term of office of Chairperson
"57X. (1) The Chairperson of the Exotic Birds Committee holds office for such
term as is specified in the instrument of appointment. The term must not
exceed 3 years.
Term of office of other members
(2) The other members of the Exotic Birds Committee hold office at the
pleasure of the Minister.
Basis on which members hold office
"57Y. A member of the Exotic Birds Committee holds office on a part-time
basis.
Remuneration and allowances
Remuneration to be determined by Remuneration Tribunal
"57Z. (1) A member of the Exotic Birds Committee is to be paid such
remuneration as is determined by the Remuneration Tribunal.
Remuneration to be prescribed if no determination in operation
(2) If no determination of that remuneration is in operation, a member of
the Exotic Birds Committee is to be paid such remuneration as is prescribed.
Allowances
(3) A member of the Exotic Birds Committee is to be paid such allowances as
are prescribed.
Section has effect subject to the Remuneration Tribunal Act 1973
(4) This section has effect subject to the Remuneration Tribunal Act 1973.
Leave of absence
Leave for Chairperson
"57ZA. (1) The Minister may, by writing, grant leave of absence to the
Chairperson of the Exotic Birds Committee from a meeting of the Committee.
Leave for other members
(2) The Chairperson of the Exotic Birds Committee may, by writing, grant
leave of absence to another member of the Committee from a meeting of the
Committee.
Acting appointments
Acting Chairperson
"57ZB. (1) The Minister may appoint a member of the Exotic Birds Committee to
act as the Chairperson of the Committee:
(a) during a vacancy in the office of Chairperson, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent
from duty or from Australia, or is, for any reason, unable to perform the
duties of the office;
but a person appointed to act during the vacancy is not to continue so to act
for more than 6 months.
Acting member
(2) The Minister may appoint a person to act as a member of the Exotic Birds
Committee (other than as the Chairperson of the Committee):
(a) during a vacancy in an office of member, whether or not an appointment
has previously been made to the office; or
(b) during any period, or during all periods, when a member is absent from
duty or from Australia, or is, for any reason, unable to perform the duties of
the office;
but a person appointed to act during the vacancy is not to continue so to act
for more than 6 months.
Validation
(3) Anything done by or in relation to a person purporting to act under this
section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Disclosure of interests
Disclosure
"57ZC. (1) A member of the Exotic Birds Committee who has a direct or indirect
pecuniary interest in a matter being considered, or about to be considered, by
the Committee must, as soon as possible after the relevant facts have come to
his or her knowledge, disclose the nature of the interest at a meeting of the
Committee.
Participation
(2) A disclosure under subsection (1) is to be recorded in the minutes of
the meeting of the Exotic Birds Committee and the member must not:
(a) be present during any deliberation of the Committee in relation to that
matter; or
(b) take part in any decision of the Committee in relation to that matter.
Resignation "57ZD. A member of the Exotic Birds Committee may resign by
writing signed by him or her and sent to the Minister.
Termination of appointment
Misbehaviour or incapacity
"57ZE. (1) The Minister may terminate the appointment of a member of the
Exotic Birds Committee because of misbehaviour or physical or mental
incapacity.
Bankruptcy, conflict of interest etc.
(2) If a member of the Exotic Birds Committee:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or
her creditors; or
(e) fails, without reasonable excuse, to comply with his or her obligations
under section 57ZC or 57ZJ;
the Minister must terminate the appointment of the member.
Unauthorised absence
(3) If a member of the Exotic Birds Committee is absent, except on leave
granted under section 57ZA, from 3 consecutive meetings of the Committee, the
Minister must terminate the appointment of the member.
Unsatisfactory performance of individual member
(4) The Minister may terminate the appointment of a member of the Exotic
Birds Committee if the Minister is of the opinion that the performance of the
member has been unsatisfactory for a significant period of time.
Other terms and conditions
"57ZF. A member of the Exotic Birds Committee 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 by notice published in the Gazette.
"Subdivision C - Operations of the Exotic Birds Committee
Meetings of the Exotic Birds Committee
Chairperson may convene meetings
"57ZG. (1) The Chairperson of the Exotic Birds Committee may convene a meeting
of the Committee at any time.
When Chairperson must convene meeting
(2) The Chairperson of the Exotic Birds Committee must convene a meeting of
the Committee:
(a) at least once in each financial year; or
(b) whenever the greater of:
(i) 9 other members of the Committee; or
(ii) the number of members that constitutes a majority of the
members for the time being holding office;
request in writing that a meeting be held.
Minister may convene meeting
(3) The Minister may convene a meeting of the Exotic Birds Committee at any
time.
Quorum
(4) At a meeting of the Exotic Birds Committee, a quorum is constituted by
the greater of:
(a) 9 members; or
(b) the number of members that constitutes a majority of the members for the
time being holding office.
Quorum if member excluded under section 57ZC
(5) If:
(a) a member of the Exotic Birds Committee who is present at a meeting is
required by section 57ZC not to be present during the deliberations, or to
take part in any decision, of the Committee with respect to a particular
matter; and
(b) when the member leaves the meeting, there is no longer a quorum
present;
the members remaining at the meeting constitute a quorum for the purpose of
any deliberation or decision at that meeting with respect to that matter.
Chairperson to preside at meetings
(6) The Chairperson of the Exotic Birds Committee is to preside at all
meetings of the Committee at which he or she is present.
Arrangements if Chairperson is not present at a meeting
(7) If the Chairperson of the Exotic Birds Committee is not present at a
meeting of the Committee, the Committee members present must elect one of
their number to preside at the meeting.
Voting
(8) Questions arising at a meeting of the Exotic Birds Committee are to be
determined by a majority of the votes of the Committee members present and
voting.
Vote of person presiding
(9) The person presiding at a meeting of the Exotic Birds Committee has a
deliberative vote and, in the event of an equality of votes, also has a
casting vote.
Proceedings and minutes
(10) The Exotic Birds Committee:
(a) may regulate the conduct of proceedings at its meetings as it thinks
fit; and
(b) must cause minutes of those proceedings to be kept.
Note: Section 33B of the Acts Interpretation Act 1901 provides for the
participation in a meeting by telephone etc.
Resolutions without meetings
Agreement with resolution
"57ZH. (1) A resolution is taken to have been passed at a meeting of the
Exotic Birds Committee if, without meeting, a sufficient number of Committee
members indicate agreement with a resolution in accordance with a method
determined by the Committee under subsection (2).
Note: "Sufficient number of Committee members" is defined by subsection (3).
Determinations
(2) Subsection (1) applies only if the Exotic Birds Committee:
(a) determines that it applies; and
(b) determines the method by which Committee members are to indicate
agreement with a resolution.
Sufficient number of Committee members
(3) In this section:
"sufficient number of Committee members", in relation to a resolution, means
a majority of the number of members of the Exotic Birds Committee who would
have been entitled to vote on the resolution at a meeting of the Committee if
they had been present at the meeting.
"Subdivision D - Other committees
Committees established by the Exotic Birds Committee
Other committees
"57ZI. (1) The Exotic Birds Committee may establish such other committees as
it considers necessary to assist it in the performance of its functions.
Other committee to include at least one member of Exotic Birds Committee
(2) A committee established under subsection (1) must include at least one
member of the Exotic Birds Committee.
Exotic Birds Committee may determine procedures etc.
(3) The Exotic Birds Committee may determine, in relation to a committee
established under subsection (1):
(a) the manner in which the committee is to perform its functions; and
(b) the procedure to be followed at or in relation to meetings of the
committee, including matters with respect to:
(i) the convening of meetings of the committee; and
(ii) the number of members of the committee that constitutes a
quorum; and
(iii) the selection of a member of the committee to preside at
meetings of the committee at which the chairperson of the committee is not
present; and
(iv) the manner in which questions arising at a meeting of the
committee are to be decided.
Minutes
(4) A committee established under subsection (1) is to keep minutes of its
proceedings.
Disclosure of interests
Disclosure
"57ZJ. (1) A member of a committee established under section 57ZI who has a
direct or indirect pecuniary interest in a matter being considered, or about
to be considered, by the committee must, as soon as possible after the
relevant facts have come to his or her knowledge, disclose the nature of the
interest at a meeting of the committee.
Participation
(2) A disclosure under subsection (1) is to be recorded in the minutes of
the meeting and the member must not:
(a) be present during any deliberation of the committee in relation to that
matter; or
(b) take part in any decision of the committee in relation to that matter.
Committee established by Exotic Birds Committee - member's appointment to be
terminated for non-disclosure of interests
When section applies
"57ZK. (1) This section applies to a member of a committee established under
section 57ZI.
Appointment of member to be terminated for non-disclosure of interests
(2) The Exotic Birds Committee must terminate the appointment of the member
if the member fails, without reasonable excuse, to comply with section 57ZJ.
Power of termination not limited
(3) Subsection (2) does not, by implication, limit the Exotic Birds
Committee's power to terminate the appointment of the member.
"Division 7 - Monitoring of compliance
Monitoring powers
"57ZL. For the purposes of this Division, each of the following powers is a
monitoring power in relation to particular premises:
(a) the power to search the premises;
(b) the power to take photographs (including a video recording), or to make
sketches, of the premises or of any substance or thing at the premises;
(c) the power to inspect, examine and take samples of, any substance or
thing on or in the premises;
(d) the power to take extracts from, or make copies of, any document, book
or record on the premises;
(e) the power to take onto the premises any equipment or material reasonably
necessary for the purpose of exercising a power referred to in paragraph (a),
(b), (c) or (d).
Monitoring searches - occupier gives consent
Entry by consent "57ZM. (1) An inspector may, with the consent of the occupier
of any premises, enter the premises for the purpose of finding out whether any
or all of sections 57B, 57C and 57N are being complied with.
Entry for monitoring purposes
(2) An inspector may only enter premises under subsection (1) to the extent
that it is reasonably necessary for the purpose of finding out whether any or
all of sections 57B, 57C and 57N are being complied with.
Exercise of monitoring powers
(3) If an inspector enters premises under subsection (1), the inspector may
exercise monitoring powers in relation to those premises.
Exercise of seizure powers
(4) If an inspector enters premises under subsection (1), the inspector may
exercise powers of seizure conferred on the inspector by section 69B or 69M.
Right to refuse to give consent
(5) Before obtaining the consent of a person for the purposes of this
section, an inspector must tell the person that the person may refuse to give
consent.
Consent must be voluntary
(6) An entry by an inspector in consequence of the consent of a person is
not lawful unless the person voluntarily consented to the entry.
Production of identity card etc.
(7) An inspector is not entitled to:
(a) enter premises under subsection (1); or
(b) exercise any powers referred to in subsection (3) or (4) in relation to
premises;
if the occupier of the premises has required the inspector to produce written
identification for inspection by the occupier and:
(c) if the inspector is a member of a police force - the inspector fails to
produce, for inspection by the occupier, written evidence of the fact that the
inspector is a member of that police force; or
(d) if the inspector is an officer of Customs - the inspector fails to
produce, for inspection by the occupier, written evidence of the fact that the
inspector is an officer of Customs; or
(e) if the inspector is neither a member of a police force nor an officer of
Customs - the inspector fails to produce the inspector's identity card for
inspection by the occupier.
Monitoring warrants
Application for monitoring warrant
"57ZN. (1) An inspector may apply to a Magistrate for a warrant under this
section in relation to particular premises. The warrant is to be known as a
monitoring warrant .
Issue of monitoring warrant
(2) Subject to subsection (3), the Magistrate may issue the monitoring
warrant if he or she is satisfied, by information on oath or affirmation, that
it is reasonably necessary that the inspector should have access to the
premises for the purpose of finding out whether any or all of sections 57B,
57C and 57N are being complied with.
Information about grounds for issue of monitoring warrant
(3) The Magistrate must not issue the monitoring warrant unless the
inspector or another person has given the Magistrate, either orally (on oath
or affirmation) or by affidavit, such further information as the Magistrate
requires about the grounds on which the issue of the monitoring warrant is
being sought.
Terms of warrant
(4) The monitoring warrant must:
(a) authorise an inspector named in the monitoring warrant, with such
assistance and by such force as is necessary and reasonable, from time to time
while the monitoring warrant remains in force, to enter the premises and
exercise monitoring powers; and
(b) state whether an entry under the monitoring warrant is authorised to be
made at any time of the day or night or during specified hours of the day or
night; and
(c) specify the day (not more than 6 months after the issue of the
monitoring warrant) on which the monitoring warrant ceases to have effect;
and
(d) state the purpose for which the monitoring warrant is issued.
Seizure powers
(5) If an inspector enters premises under a monitoring warrant, the
inspector may exercise powers of seizure conferred on the inspector by section
69B or 69M.
Details of monitoring warrant to be given to occupier etc.
"57ZO. (1) If a monitoring warrant in relation to premises is being executed
and the occupier of the premises or another person who apparently represents
the occupier is present at the premises, the inspector named in the monitoring
warrant must make available to that person a copy of the monitoring warrant.
Note: "Monitoring warrant" is defined by subsection 57ZN(1).
(2) The inspector named in the monitoring warrant must identify himself or
herself to that person at the premises.
(3) The copy of the monitoring warrant referred to in subsection (1) need
not include the signature of the Magistrate or the seal of the relevant
court.
Occupier entitled to be present during search
"57ZP. (1) If a monitoring warrant in relation to premises is being executed
and the occupier of the premises or another person who apparently represents
the occupier is present at the premises, the person is, subject to Part 1C of
the Crimes Act 1914, entitled to observe the search being conducted.
Note: "Monitoring warrant" is defined by subsection 57ZN(1).
(2) The right to observe the search being conducted ceases if the person
impedes the search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
Announcement before entry
"57ZQ. (1) The inspector named in a monitoring warrant must, before any person
enters premises under the monitoring warrant:
(a) announce that he or she is authorised to enter the premises; and
(b) give any person at the premises an opportunity to allow entry to the
premises.
Note: "Monitoring warrant" is defined by subsection 57ZN(1).
(2) An inspector is not required to comply with subsection (1) if he or she
believes on reasonable grounds that immediate entry to the premises is
required to ensure:
(a) the safety of a person (including an inspector); or
(b) that the effective execution of the monitoring warrant is not
frustrated.".
5. Subsection 72(1):
Omit "an application for a permit or an authority", substitute "an application
for a permit, an authority or a registration certificate".
6. Subsection 76A(1):
Omit all the words after "by the Designated", substitute the following word
and paragraphs:
"Authority:
(a) delegate to an officer or employee of the Australian National Parks and
Wildlife Service any or all of the powers of the Designated Authority under
this Act, other than this power of delegation; or
(b) delegate to a State/Territory officer any or all of the powers of the
Designated Authority under Division 3 of Part IIA.".
7. Section 76A:
Add at the end:
(4) If the Designated Authority delegates a power conferred on the
Designated Authority by Division 3 of Part IIA to a State/Territory officer,
the State/Territory officer may, by writing, sub-delegate the power to another
State/Territory officer.
(5) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts
Interpretation Act 1901 apply in relation to a sub-delegation in a
corresponding way to the way in which they apply to a delegation.
(6) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation
Act 1901 apply to a sub-delegation as if it were a delegation.
(7) In this section:
"State/Territory officer" means:
(a) a person who holds or performs the duties of an office or position under
a law of a State or Territory; or
(b) a person who is employed by, or by an authority of, a State or
Territory.".
8. Subsection 80(1):
Add at the end:
"(w) a decision of the Designated Authority under subsection 57J(1) to refuse
to grant a registration certificate;
(x) a determination by the Designated Authority under subsection 57L(2) of
the period for which a registration certificate is to remain in force;
(y) an imposition under subsection 57M(1) or (2) of conditions in respect of
a registration certificate;
(z) a decision of the Designated Authority under subsection 57M(2) to vary
or revoke a condition in respect of a registration certificate;
(za) a decision of the Designated Authority under subsection 57Q(1) or (2)
to cancel a registration certificate.".
9. Add at the end:
"SCHEDULE 9 Section 4
EXOTIC BIRDS THAT ARE NOT CLASSIFIED EXOTIC BIRDS
Order/Family Genus, species
or sub-species
Common name
STRUTHIONIFORMES Struthionidae
Struthio camelus
Ostrich
CASUARIIFORMES Casuariidae
Casuarius casuarius
Common rhea (double wattled cassowary)
ANSERIFORMES Anserinae
Anas platyrhynchos
Mallard duck
Anser cygnoides
Chinese goose
Cairina moschata
Muscovy duck
Cygnus olor
Mute swan GALLIFORMES Melagridinae
Phasianus colchicus
Ring-necked pheasant
Chrysolophus pictus
Golden pheasant
Alectoris graeca
Chukoar partridge
Coturnix coturnix
Common (Japanese) quail
Gallus gallus
Domestic (red jungle) fowl
Lophortyx californica
California quail Melagridinae
Meleagris gallopava
Domestic turkey Numidinae
Numida meleagris melagris
Common guineafowl
Numida meleagris mitrata
Helmeted guineafowl
COLUMBIFORMES Columbidae
Columba livia
Domestic pigeon
Streptopelia chinensis
Spotted dove
Streptopelia risoria
Barbary dove
Streptopelia senegalensis
Laughing dove
PSITTACIFORMES Psittacidae
Agapornis fischeri
Fischer's lovebird
Agapornis lilinae
Nyasa lovebird
Agapornis rosiecollis
Peach-faced lovebird
Psittacula krameri
Rose-ringed parakeet
PASSERIFORMES Alaudidae
Alauda arvensis
Common skylark Icteridae
Carduelis carduelis carduelis
European goldfinch
Carduelis chloris
Greenfinch Ploecidae
Passer domesticus
House sparrow
Passer montanus
Tree sparrow Sturnidae
Sturnus vulgaris
Common starling
Acridotheres tristis
Indian mynah Fringillidae
Padda oryzivora
Java sparrow
Lonchura striata
White-rumped mannikin
Serinus canaria
Canary
Lonchura punctulata
Spice finch Turdidae
Turdus merula
Blackbird
Turdus philomelos
Song thrush".
10. Transitional - delegations The amendment of subsection 76A(1) of the
Wildlife Protection (Regulation of Exports and Imports) Act 1982 made by this
Schedule does not affect the continuity of a delegation that was in force
immediately before the commencement of this item.
SCHEDULE 15 Section 3
ADDITIONAL OFFENCES RELATING TO THE IMPORT OR EXPORT OF SPECIMENS
1. Before subsection 53(1):
Insert:
(1A) The object of this section is:
(a) to comply with Australia's obligations under:
(i) the Convention on Biological Diversity; and
(ii) the Convention (as defined by subsection 4(1)); and
(b) otherwise to further the protection and conservation of the wild fauna
and flora of Australia and of other countries;
by prohibiting the possession of illegally imported specimens and the progeny
of such specimens.
Note: Article 8 of the Convention on Biological Diversity requires each
Contracting Party to, among other things, as far as possible and as
appropriate:
promote the protection of ecosystems, natural habitats and the maintenance
of viable populations of species in natural surroundings; and
prevent the introduction of, control or eradicate those alien species which
threaten ecosystems, habitats or species; and
develop or maintain necessary legislation and/or other regulatory provisions
for the protection of threatened species and populations.".
2. Paragraph 53(1)(a):
After "this Act" insert "or any progeny of such a specimen".
3. Paragraph 53(1)(b):
After "this Act" insert "or any progeny of such a specimen".
4. Subsection 53(2):
Omit "in the person's possession".
5. After section 53:
Insert:
Cruelty - import or export of animals
"53A. (1) This section applies to:
(a) a live animal specified in Part I of Schedule 1, Part I of Schedule 2 or
Part I of Schedule 3; or
(b) a live native Australian animal; or
(c) a live animal other than an animal specified in Part I of Schedule 5 or
Part I of Schedule 6.
(2) If:
(a) a person exports an animal in a manner that subjects the animal to cruel
treatment; and
(b) the person knows that, or is reckless as to whether, the export subjects
the animal to cruel treatment; and
(c) the person intentionally or recklessly contravenes section 21 in
relation to the export of the animal;
the person is guilty of an offence punishable on conviction by imprisonment
for a term not exceeding 2 years.
(3) If:
(a) a person imports an animal in a manner that subjects the animal to cruel
treatment; and
(b) the person knows that, or is reckless as to whether, the import subjects
the animal to cruel treatment; and
(c) the person intentionally or recklessly contravenes section 22 in
relation to the import of the animal;
the person is guilty of an offence punishable on conviction by imprisonment
for a term not exceeding 2 years.
Imports of specimens contrary to the laws of a foreign country
"53B. (1) A person must not intentionally import a specimen if the person
knows that:
(a) the specimen was exported from a foreign country; and
(b) at the time the specimen was exported, the export of the specimen was
prohibited by a law of the foreign country that corresponds to this Act.
Penalty: Imprisonment for 5 years.
(2) A prosecution must not be instituted for an offence against this section
unless the relevant authority of the foreign country has requested:
(a) the investigation of the offence; or
(b) assistance in relation to a class of offences in which the offence is
included.".
SCHEDULE 16 Section 3
PENALTIES AND OFFENCES
1. Section 21:
After "authority," insert "intentionally or recklessly".
2. Section 21:
Omit the penalty, substitute the following penalty:
"Penalty: 1,000 penalty units or imprisonment for 10 years, or both.".
3. Section 22:
After "authority," insert "intentionally or recklessly".
4. Section 22:
Omit the penalty, substitute the following penalty:
"Penalty: 1,000 penalty units or imprisonment for 10 years, or both.".
5. Section 48:
Omit "contravenes, or fails to comply with,", substitute "intentionally
contravenes".
6. Section 48:
Omit all the words after "a fine", substitute "not exceeding 120 penalty
units.".
7. Subsection 50(4):
Omit "contravenes, or fails to comply with,", substitute "intentionally
contravenes".
8. Subsection 50(4):
Omit "$100,000", substitute "600 penalty units".
9. Subsection 51(4):
Omit "contravenes or fails to comply with,", substitute "intentionally
contravenes".
10. Subsection 51(4):
Omit "$100,000", substitute "600 penalty units".
11. Subsection 53(5):
Omit "a fine not exceeding $100,000 or imprisonment for a period", substitute
"imprisonment for a term".
12. Subsection 62(9):
After "excuse," insert "intentionally".
13. Subsection 62(9):
Omit "$2,000", substitute "60 penalty units".
14. Subsection 66(1) (penalty):
Omit the penalty.
15. After subsection 66(1):
Insert:
(1A) A person who intentionally contravenes subsection (1) is guilty of an
offence punishable on conviction by imprisonment for a term not exceeding 12
months.".
16. Subsection 67(3):
Omit "refuse or", substitute "intentionally refuse or intentionally fail".
17. Subsection 67(3) (penalty):
Omit "$2,000", substitute "60 penalty units".
18. Section 68:
Repeal the section.
19. Subsection 71A(1):
After "A person who" insert "intentionally or recklessly".
20. Subsection 71A(1):
Omit "a fine not exceeding $5,000 or".
21. Paragraph 72(1)(a):
Before "makes" insert "intentionally".
22. Paragraph 72(1)(b):
Before "furnishes" insert "intentionally".
23. Subsection 72(1):
Omit all the words after "on conviction,", substitute "by imprisonment for a
term not exceeding 2 years.".
24. Paragraph 72(2)(a):
Before "makes" insert "intentionally".
25. Paragraph 72(2)(b):
Before "furnishes" insert "intentionally".
26. Subsection 72(2):
Omit all the words after "on conviction,", substitute "by a fine not exceeding
60 penalty units.".
27. Section 73:
Repeal the section.
28. Paragraph 81(e):
Omit "$500", substitute "10 penalty units".
SCHEDULE 17 Section 3
LIMITATION OF POWERS OF INSPECTORS
1. Section 58:
Add at the end:
(2) The Minister may make a written determination that a specified person,
or a person included in a specified class of persons, does not have such of
the powers conferred on an inspector by this Act as are specified in the
determination. The determination has effect accordingly.
(3) If the Minister makes a determination under subsection (2) about a named
individual, the Minister must give the individual a copy of the
determination.".
2. Section 60:
Add at the end:
(4) The Minister may make a written determination that a specified person,
or a person included in a specified class of persons, who is an inspector
because of this section does not have such of the powers conferred on an
inspector by this Act as are specified in the determination. The determination
has effect accordingly.
(5) If the Minister makes a determination under subsection (4) about a named
individual, the Minister must give the individual a copy of the
determination.".
SCHEDULE 18 Section 3
OBJECT OF ACT
1. Section 3:
Omit all the words after "Australia and of other countries".
SCHEUDLE 19 Section 3
POWERS OF SEARCH, ENTRY AND SEIZURE
1. Subsection 4(1) (definition of "premises"):
Omit the definition, substitute:
""premises" includes a place and a conveyance;".
2. Subsection 4(1):
Insert:
""conveyance" includes an aircraft, vehicle or vessel;
"eligible seizable item" means anything that would present a danger to a
person or that could be used to assist a person to escape from lawful
custody;
"evidential material" means a thing relevant to an offence against this Act,
including such a thing in electronic form;
"executing inspector", in relation to a warrant, means the inspector named in
the warrant as being responsible for executing the warrant;
"frisk search" means:
(a) a search of a person conducted by quickly running the hands over the
person's outer garments; and
(b) an examination of anything worn or carried by the person that is
conveniently and voluntarily removed by the person;
"Magistrate" means a Magistrate who is remunerated by salary or otherwise;
"occupier", in relation to a conveyance, means the person apparently in
charge of the conveyance;
"officer assisting", in relation to a warrant, means:
(a) a person who is an inspector and who is assisting in executing the
warrant; or
(b) a person who is not an inspector and who has been authorised by the
relevant executing inspector to assist in executing the warrant;
"ordinary search" means a search of a person or of articles in the possession
of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and
any gloves, shoes and hat; and
(b) an examination of those items;
"recently used conveyance", in relation to a search of a person, means a
conveyance that the person had operated or occupied at any time within 24
hours before the search began;
"thing relevant to an offence against this Act" means:
(a) anything with respect to which an offence against this Act has been
committed or is suspected, on reasonable grounds, to have been committed; or
(b) anything as to which there are reasonable grounds for suspecting that it
will afford evidence as to the commission of an offence against this Act; or
(c) anything as to which there are reasonable grounds for suspecting that it
is intended to be used for the purpose of committing an offence against this
Act;
"warrant" (except in Part IIA) means a warrant under Part III;
Note: Division 7 of Part IIA provides for monitoring warrants in relation to
classified exotic birds.
"warrant premises" means premises in relation to which a warrant is in
force;".
3. Subsection 4(2):
Omit ", other than subsection 69A(1),".
4. Subsection 45(2):
Omit "Subject to section 56A, for", substitute "For".
5. Sections 54 to 57 (inclusive):
Repeal the sections.
6. Part III (heading):
Omit "ADMINISTRATION", substitute "ENFORCEMENT".
7. Before section 58:
Insert:
"Division 1 - Inspectors".
8. Before section 62:
Insert:
"Division 2 - Boarding of vessels etc. and access to
premises by consent".
9. Subsections 63(2), (3) and (4):
Omit the subsections.
10. Subsection 63(5):
Omit "or in pursuance of a warrant granted under subsection (3)".
11. Subsection 63(6):
Omit the subsection.
12. Paragraph 64(1)(a):
Add at the end "and".
13. Subsection 64(1):
Add at the end:
"; and
(d) to exercise powers of seizure conferred on the inspector by section 69B
or 69M.".
14. After section 64:
Insert:
"Division 3 - Search warrants
When search warrants can be issued
Search of premises
"64A. (1) A Magistrate may issue a warrant authorising an inspector to search
premises if the Magistrate is satisfied by information on oath that there are
reasonable grounds for suspecting that there is, or there will be within the
next 72 hours, any evidential material at the premises.
Search of a person
(2) A Magistrate may issue a warrant authorising an inspector to carry out
an ordinary search or a frisk search of a person if the Magistrate is
satisfied by information on oath that there are reasonable grounds for
suspecting that the person has in his or her possession, or will within the
next 72 hours have in his or her possession, any evidential material.
Use of firearms
(3) If the inspector applying for the warrant suspects that, in executing
the warrant, it will be necessary to use firearms, the inspector must state
that suspicion, and the grounds for that suspicion, in the information.
Statements in warrant - general
(4) If a Magistrate issues a warrant, the Magistrate is to state in the
warrant:
(a) the offence to which the warrant relates; and
(b) a description of the premises to which the warrant relates or the name
or description of the person to whom it relates; and
(c) the kinds of evidential material that are to be searched for under the
warrant; and
(d) the name of the inspector who is to be responsible for executing the
warrant; and
(e) the period for which the warrant remains in force, which must not be
more than 7 days; and
(f) whether the warrant may be executed at any time or only during
particular hours.
Statements in warrant - search of premises
(5) The Magistrate is also to state, in a warrant in relation to premises:
(a) that the warrant authorises the seizure of a thing (other than
evidential material of the kind referred to in paragraph (4)(c)) found at the
premises in the course of the search that the executing inspector or an
officer assisting believes on reasonable grounds to be:
(i) evidential material in relation to an offence to which the
warrant relates; or
(ii) a thing relevant to another offence against this Act, where
the other offence is an indictable offence;
if the executing inspector or an officer assisting believes on reasonable
grounds that seizure of the thing is necessary to prevent its concealment,
loss or destruction or its use in committing an offence against this Act; and
(b) whether the warrant authorises an ordinary search or a frisk search of a
person who is at or near the premises when the warrant is executed if the
executing inspector or an officer assisting suspects on reasonable grounds
that the person has any evidential material or eligible seizable items in his
or her possession.
Statements in warrant - search of a person
(6) The Magistrate is also to state, in a warrant in relation to a person:
(a) that the warrant authorises the seizure of a thing (other than
evidential material of the kind referred to in paragraph (4)(c)) found, in the
course of the search, on or in the possession of the person or in a recently
used conveyance, being a thing that the executing inspector or an officer
assisting believes on reasonable grounds to be:
(i) evidential material in relation to an offence to which the
warrant relates; or
(ii) a thing relevant to another offence against this Act, where
the other offence is an indictable offence;
if the executing inspector or an officer assisting believes on reasonable
grounds that seizure of the thing is necessary to prevent its concealment,
loss or destruction or its use in committing an offence against this Act; and
(b) the kind of search of a person that the warrant authorises.
Successive warrants
(7) Paragraph (4)(e) does not prevent the issue of successive warrants in
relation to the same premises or person.
Emergency searches
(8) If the application for the warrant is made under section 64M, this
section applies as if:
(a) subsections (1) and (2) refer to 48 hours rather than 72 hours; and
(b) paragraph (4)(e) refer to 48 hours rather than 7 days.
Powers of Magistrate - Jervis Bay Territory
(9) A Magistrate in New South Wales or the Australian Capital Territory may
issue a warrant in relation to premises or a person in the Jervis Bay
Territory.
Powers of Magistrate - general (10) A Magistrate in a State or internal
Territory may:
(a) issue a warrant in relation to premises or a person in that State or
Territory; or
(b) issue a warrant in relation to premises or a person in an external
Territory; or
(c) issue a warrant in relation to premises or a person in another State or
internal Territory (including the Jervis Bay Territory) if he or she is
satisfied that there are special circumstances that make the issue of the
warrant appropriate; or
(d) issue a warrant in relation to a person wherever the person is in
Australia or in an external Territory if he or she is satisfied that it is not
possible to predict where the person may be.
Previous applications by member or special member of the Australian Federal
Police (11) If the applicant for a warrant is a member or special member of
the Australian Federal Police and has, at any time previously, applied for a
warrant relating to the same person or premises, the person must state
particulars of those applications and their outcome in the information.
The things that are authorised by a search warrant
Search of premises
"64B. (1) A warrant that is in force in relation to premises authorises the
executing inspector or an officer assisting:
(a) to enter the warrant premises and, if the premises are a conveyance, to
enter the conveyance, wherever it is; and
(b) to search for and record fingerprints found at the premises and to take
samples of things found at the premises for forensic purposes; and
(c) to search the premises for the kinds of evidential material specified in
the warrant, and to seize things of that kind found at the premises; and
(d) to seize other things found at the premises in the course of the search
that the executing inspector or an officer assisting believes on reasonable
grounds to be:
(i) evidential material in relation to an offence to which the
warrant relates; or
(ii) evidential material in relation to another offence against
this Act, where the other offence is an indictable offence;
if the executing inspector or an officer assisting believes on reasonable
grounds that seizure of the thing is necessary to prevent its concealment,
loss or destruction or its use in committing an offence against this Act; and
(e) to seize other things found at the premises in the course of the search
that the executing inspector or an officer assisting believes on reasonable
grounds to be eligible seizable items; and
(f) if the warrant so allows - to conduct an ordinary search or a frisk
search of a person at or near the premises if the executing inspector or an
officer assisting suspects on reasonable grounds that the person has any
evidential material or eligible seizable items in his or her possession.
Search of a person
(2) A warrant that is in force in relation to a person authorises the
executing inspector or an officer assisting:
(a) to search the person as specified in the warrant and things found in the
possession of the person and any recently used conveyance for things of the
kind specified in the warrant; and
(b) to:
(i) seize things of that kind; or
(ii) record fingerprints from things; or
(iii) take forensic samples from things;
found in the course of the search; and
(c) to seize other things found on or in the possession of the person or in
the conveyance in the course of the search that the executing inspector or an
officer assisting believes on reasonable grounds to be:
(i) evidential material in relation to an offence to which the
warrant relates; or
(ii) a thing relevant to another offence against this Act, where
the other offence is an indictable offence;
if the executing inspector or an officer assisting believes on reasonable
grounds that seizure of the thing is necessary to prevent its concealment,
loss or destruction or its use in committing an offence against this Act; and
(d) to seize other things found in the course of the search that the
executing inspector or an officer assisting believes on reasonable grounds to
be eligible seizable items.
Hours when search warrant may be executed
(3) If the warrant states that it may be executed only during particular
hours, the warrant must not be executed outside those hours.
Ordinary searches or frisk searches
(4) If the warrant authorises an ordinary search or a frisk search of a
person, a search of the person different to that so authorised must not be
done under the warrant.
Seized items may be made available to other agencies
(5) If things are seized under a warrant, the warrant authorises the
executing inspector to make the things available to officers of other agencies
if it is necessary to do so for the purpose of investigating or prosecuting an
offence to which the things relate.
Availability of assistance, and use of force, in executing a warrant
"64C. (1) In executing a warrant:
(a) the executing inspector may obtain such assistance; and
(b) the executing inspector, or a person who is an inspector and who is
assisting in executing the warrant, may use such force against persons and
things; and
(c) a person who is not an inspector and who has been authorised to assist
in executing the warrant may use such force against things;
as is necessary and reasonable in the circumstances.
(2) A person who is not an inspector must not take part in searching or
arresting a person.
Details of warrant to be given to occupier etc.
"64D. (1) If a warrant in relation to premises is being executed and the
occupier of the premises or another person who apparently represents the
occupier is present at the premises, the executing inspector or an officer
assisting must make available to that person a copy of the warrant.
(2) If a warrant in relation to a person is being executed, the executing
inspector or an officer assisting must make available to that person a copy of
the warrant.
(3) If a person is searched under a warrant in relation to premises, the
executing inspector or an officer assisting must show the person a copy of the
warrant.
(4) The executing inspector must identify himself or herself to the person
at the premises or the person being searched, as the case may be.
(5) The copy of the warrant referred to in subsections (1) and (2) need not
include the signature of the Magistrate or the seal of the relevant court.
Specific powers available to inspectors executing warrant
"64E. (1) In executing a warrant in relation to premises, the executing
inspector or an officer assisting may:
(a) for a purpose incidental to the execution of the warrant; or
(b) if the occupier of the premises consents in writing;
take photographs (including video recordings) of the premises or of things at
the premises.
(2) If a warrant in relation to premises is being executed, the executing
inspector and all officers assisting may, if the warrant is still in force,
complete the execution of the warrant after all of them temporarily cease its
execution and leave the premises:
(a) for not more than one hour; or
(b) for a longer period if the occupier of the premises consents in
writing.
(3) If:
(a) the execution of a warrant is stopped by an order of a court; and
(b) the order is later revoked or reversed on appeal; and
(c) the warrant is still in force;
the execution of the warrant may be completed.
Use of equipment to examine or process things
"64F. (1) The executing inspector or an officer assisting may bring to the
warrant premises any equipment reasonably necessary for the examination or
processing of things found at the premises in order to determine whether they
are things that may be seized under the warrant.
(2) If:
(a) it is not practicable to examine or process the things at the warrant
premises; or
(b) the occupier of the premises consents in writing;
the things may be moved to another place so that the examination or processing
can be carried out in order to determine whether they are things that may be
seized under the warrant.
(3) If things are moved to another place for the purpose of examination or
processing under subsection (2), the executing inspector must, if it is
practicable to do so:
(a) inform the occupier of the address of the place and the time at which
the examination or processing will be carried out; and
(b) allow the occupier or his or her representative to be present during the
examination or processing.
(4) The executing inspector or an officer assisting may operate equipment
already at the warrant premises to carry out the examination or processing of
a thing found at the premises in order to determine whether it is a thing that
may be seized under the warrant if the executing inspector or an officer
assisting believes on reasonable grounds that:
(a) the equipment is suitable for the examination or processing; and
(b) the examination or processing can be carried out without damage to the
equipment or the thing.
Use of electronic equipment at premises
Operation of equipment
"64G. (1) The executing inspector or an officer assisting may operate
electronic equipment at the premises to see whether evidential material is
accessible by doing so if he or she believes on reasonable grounds that the
operation of the equipment can be carried out without damage to the
equipment.
Seizure etc.
(2) If the executing inspector or an officer assisting, after operating the
equipment, finds that evidential material is accessible by doing so, he or she
may:
(a) seize the equipment and any disk, tape or other associated device; or
(b) if the material can, by using facilities at the premises, be put in
documentary form - operate the facilities to put the material in that form and
seize the documents so produced; or
(c) if the material can be transferred to a disk, tape or other storage
device that:
(i) is brought to the premises; or
(ii) is at the premises and the use of which for the purpose has
been agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the material to the storage
device and take the storage device from the premises.
Limitation on seizure
(3) A person may seize equipment under paragraph (2)(a) only if:
(a) it is not practicable to put the material in documentary form as
mentioned in paragraph (2)(b) or to copy the material as mentioned in
paragraph (2)(c); or
(b) possession of the equipment by the occupier could constitute an
offence.
Securing equipment
(4) If the executing inspector or an officer assisting believes on
reasonable grounds that:
(a) evidential material may be accessible by operating electronic equipment
at the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the material
may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by
locking it up, placing a guard or otherwise.
Notice about securing equipment
(5) The executing inspector or an officer assisting must give notice to the
occupier of the premises of his or her intention to secure equipment and of
the fact that the equipment may be secured for up to 24 hours.
Period for which equipment may be secured
(6) The equipment may be secured:
(a) for a period not exceeding 24 hours; or
(b) until the equipment has been operated by the expert;
whichever happens first.
Extension of period
(7) If the executing inspector or an officer assisting believes on
reasonable grounds that the expert assistance will not be available within 24
hours, he or she may apply to a Magistrate for an extension of that period.
Notice to occupier
(8) The executing inspector or an officer assisting must give notice to the
occupier of the premises of his or her intention to apply for an extension,
and the occupier is entitled to be heard in relation to the application.
Provisions relating to extensions
(9) The provisions of this Part relating to the issue of warrants apply,
with such modifications as are necessary, to the issuing of an extension.
Compensation for damage to electronic equipment
"64H. (1) If:
(a) damage is caused to equipment as a result of it being operated as
mentioned in section 64F or 64G; and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person
who was to operate the equipment; or
(ii) insufficient care being exercised by the person operating
the equipment;
compensation for the damage is payable to the owner of the equipment.
(2) Compensation is payable out of money appropriated by the Parliament for
the purpose.
(3) In determining the amount of compensation payable, regard is to be had
to whether the occupier of the premises and his or her employees and agents,
if they were available at the time, had provided any warning or guidance as to
the operation of the equipment that was appropriate in the circumstances.
Copies of seized things to be provided
"64J. (1) Subject to subsection (2), if an inspector seizes, under a warrant
relating to premises:
(a) a document, film, computer file or other thing that can be readily
copied; or
(b) a storage device the information in which can be readily copied;
the inspector must, if requested to do so by the occupier of the premises or
another person who apparently represents the occupier and who is present when
the warrant is executed, give a copy of the thing or the information to that
person as soon as practicable after the seizure.
(2) Subsection (1) does not apply if:
(a) the thing that has been seized was seized under paragraph 64G(2)(b) or
(c); or
(b) possession of the document, film, computer file, thing or information by
the occupier could constitute an offence.
Occupier entitled to be present during search
"64K. (1) If a warrant in relation to premises is being executed and the
occupier of the premises or another person who apparently represents the
occupier is present at the premises, the person is, subject to Part 1C of the
Crimes Act 1914, entitled to observe the search being conducted.
(2) The right to observe the search being conducted ceases if the person
impedes the search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
Receipts for things seized under warrant
"64L. (1) If a thing is seized under a warrant or moved under subsection
64F(2), the executing inspector or an officer assisting must provide a receipt
for the thing.
(2) If 2 or more things are seized or moved, they may be covered in the one
receipt.
Warrants by telephone or other electronic means
Application
"64M. (1) An inspector may make an application to a Magistrate for a warrant
by telephone, telex, facsimile or other electronic means:
(a) in an urgent case; or
(b) if the delay that would occur if an application were made in person
would frustrate the effective execution of the warrant.
Voice communication
(2) The Magistrate may require communication by voice to the extent that is
practicable in the circumstances.
Information
(3) An application under this section must include all information required
to be provided in an ordinary application for a warrant, but the application
may, if necessary, be made before the information is sworn.
Issue of warrant
(4) If an application is made to a Magistrate under this section and the
Magistrate, after considering the information and having received and
considered such further information (if any) as the Magistrate required, is
satisfied that:
(a) a warrant in the terms of the application should be issued urgently; or
(b) the delay that would occur if an application were made in person would
frustrate the effective execution of the warrant;
the Magistrate may complete and sign the same form of warrant that would be
issued under section 64A.
Notification
(5) If the Magistrate decides to issue the warrant, the Magistrate is to
inform the applicant, by telephone, telex, facsimile or other electronic
means, of the terms of the warrant and the day on which and the time at which
it was signed.
Form of warrant
(6) The applicant must then complete a form of warrant in terms
substantially corresponding to those given by the Magistrate, stating on the
form the name of the Magistrate and the day on which and the time at which the
warrant was signed.
Completed form of warrant to be given to Magistrate
(7) The applicant must, not later than the day after the day of expiry of
the warrant or the day after the day on which the warrant was executed,
whichever is the earlier, give or transmit to the Magistrate the form of
warrant completed by the applicant and, if the information referred to in
subsection (3) was not sworn, that information duly sworn.
Attachment
(8) The Magistrate is to attach to the documents provided under subsection
(7) the form of warrant completed by the Magistrate.
Presumption
(9) If:
(a) it is material, in any proceedings, for a court to be satisfied that the
exercise of a power under a warrant issued under this section was duly
authorised; and
(b) the form of warrant signed by the Magistrate is not produced in
evidence;
the court is to assume, unless the contrary is proved, that the exercise of
the power was not duly authorised.
Restrictions on personal searches
"64N. A warrant can not authorise a strip search or a search of a person's
body cavities.
When a thing is in the possession of a person
"64P. A reference in this Division to a person who has a thing in his or her
possession includes a reference to a person who has a thing under his or her
control in any place (whether for the use or benefit of the person or of
another person), even if another person has the actual possession or custody
of the thing.
"Division 4 - Stopping and searching conveyances
Searches of conveyances without warrant in emergency situations
"64Q. (1) This section applies if an inspector suspects, on reasonable
grounds, that:
(a) a thing relevant to an indictable offence against this Act is in or on a
conveyance; and
(b) it is necessary to exercise a power under subsection (2) in order to
prevent the thing from being concealed, lost or destroyed; and
(c) it is necessary to exercise the power without the authority of a search
warrant because the circumstances are serious and urgent.
(2) The inspector may:
(a) stop and detain the conveyance; and
(b) search the conveyance and any container in or on the conveyance, for the
thing; and
(c) seize the thing if he or she finds it there.
(3) If, in the course of searching for the thing, the inspector finds
another thing relevant to an offence against this Act, the inspector may seize
that thing if he or she suspects, on reasonable grounds, that:
(a) it is necessary to seize it in order to prevent its concealment, loss or
destruction; and
(b) it is necessary to seize it without the authority of a search warrant
because the circumstances are serious and urgent.
(4) The inspector must exercise his or her powers subject to section 64R.
How an inspector exercises a power under section 64Q
"64R. When an inspector exercises a power under section 64Q in relation to a
conveyance, he or she:
(a) may use such assistance as is necessary; and
(b) must search the conveyance in a public place or in some other place to
which members of the public have ready access; and
(c) must not detain the conveyance for longer than is necessary and
reasonable to search it and any container found in or on the conveyance; and
(d) may use such force as is necessary and reasonable in the circumstances,
but must not damage the conveyance or any container found in or on the
conveyance by forcing open a part of the conveyance or container unless:
(i) the person (if any) apparently in charge of the conveyance
has been given a reasonable opportunity to open that part or container; or
(ii) it is not possible to give that person such an
opportunity.".
15. Before section 65:
Insert:
"Division 5 - Arrest and related matters".
16. Subsection 65(4):
Omit the subsection.
17. After section 65:
Insert:
Power to conduct a frisk search of an arrested person
"65A. An inspector who arrests a person for an offence against this Act, or
who is present at such an arrest, may, if the inspector suspects on reasonable
grounds that it is prudent to do so in order to ascertain whether the person
is carrying any eligible seizable items:
(a) conduct a frisk search of the person at or soon after the time of
arrest; and
(b) seize any eligible seizable items found as a result of the search.
Power to conduct an ordinary search of an arrested person
"65B. An inspector who arrests a person for an offence against this Act, or
who is present at such an arrest, may, if the inspector suspects on reasonable
grounds that the person is carrying:
(a) evidential material in relation to that or another offence against this
Act; or
(b) an eligible seizable item;
conduct an ordinary search of the person at or soon after the time of arrest,
and seize any such thing found as a result of the search.
Power to conduct search of arrested person's premises
"65C. An inspector who arrests a person at premises for an offence against
this Act, or who is present at such an arrest, may seize things in plain view
at those premises that the inspector believes on reasonable grounds to be:
(a) evidential material in relation to that or another offence against this
Act; or
(b) eligible seizable items.
"Division 6 - Miscellaneous provisions about searches, entry to
premises, warrants etc.
Conduct of ordinary searches and frisk searches
"65D. An ordinary search or a frisk search of a person under this Part must,
if practicable, be conducted by a person of the same sex as the person being
searched.
Announcement before entry
"65E. (1) An inspector must, before any person enters premises under a warrant
or to arrest a person under this Act:
(a) announce that he or she is authorised to enter the premises; and
(b) give any person at the premises an opportunity to allow entry to the
premises.
(2) An inspector is not required to comply with subsection (1) if he or she
believes on reasonable grounds that immediate entry to the premises is
required to ensure:
(a) the safety of a person (including an inspector); or
(b) that the effective execution of the warrant or the arrest is not
frustrated.
Offence of making false statements in warrants
"65F. A person must not make, in an application for a warrant, a statement
that the person knows to be false or misleading in a material particular.
Penalty: Imprisonment for 2 years.
Offences relating to telephone warrants
"65G. A person must not:
(a) state in a document that purports to be a form of warrant under section
64M the name of a Magistrate unless the Magistrate issued the warrant; or
(b) state on a form of warrant under that section a matter that, to the
person's knowledge, departs in a material particular from the form authorised
by the Magistrate; or
(c) purport to execute, or present to a person, a document that purports to
be a form of warrant under that section that the person knows:
(i) has not been approved by a Magistrate under that section;
or
(ii) to depart in a material particular from the terms
authorised by a Magistrate under that section; or
(d) give to a Magistrate a form of warrant under that section that is not
the form of warrant that the person purported to execute.
Penalty: Imprisonment for 2 years.
Retention of things which are seized
"65H. (1) Subject to any contrary order of a court, if a person seizes a thing
under Division 3, 4 or 5, the person must return it if:
(a) the reason for its seizure no longer exists or it is decided that it is
not to be used in evidence; or
(b) if the thing was seized under section 64Q:
(i) the reason for its seizure no longer exists or it is decided
that it is not to be used in evidence; or
(ii) the period of 60 days after its seizure ends;
whichever first occurs;
unless the thing is forfeited or forfeitable to the Commonwealth or is the
subject of a dispute as to ownership.
(2) If a thing is seized by an inspector under section 64Q, at the end of
the 60 days specified in subsection (1), the inspector must take reasonable
steps to return the thing to the person from whom it was seized (or to the
owner if that person is not entitled to possess it) unless:
(a) proceedings in respect of which the thing may afford evidence were
instituted before the end of the 60 days and have not been completed
(including an appeal to a court in relation to those proceedings); or
(b) the inspector may retain the thing because of an order under section
65J; or
(c) the inspector is otherwise authorised (by a law, or an order of a court,
of the Commonwealth or of a State or Territory) to retain, destroy or dispose
of the thing.
Magistrate may permit a thing to be retained
"65J. (1) If a thing is seized under section 64Q, and:
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a
Magistrate under this section;
proceedings in respect of which the thing may afford evidence have not
commenced, the inspector may apply to a Magistrate for an order that he or she
may retain the thing for a further period.
(2) If the Magistrate is satisfied that it is necessary for the inspector to
continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence against
this Act has been committed; or
(b) to enable evidence of an offence against this Act to be secured for the
purposes of a prosecution;
the Magistrate may order that the inspector may retain the thing for a period
specified in the order.
(3) Before making the application, the inspector must:
(a) take reasonable steps to discover who has an interest in the retention
of the thing; and
(b) if it is practicable to do so, notify each person who the inspector
believes to have such an interest of the proposed application.
(4) A function of making an order conferred on a Magistrate by this section
is conferred on the Magistrate in a personal capacity and not as a court or a
member of a court.
(5) Without limiting the generality of subsection (4), an order made by a
Magistrate under this section has effect only by virtue of this Act and is not
taken, by implication, to be made by a court.
(6) A Magistrate performing a function of, or connected with, making an
order under this section has the same protection and immunity as if he or she
were performing that function as, or as a member of, a court (being the court
of which the Magistrate is a member).
(7) The Governor-General may make arrangements with the Governor of a State,
the Chief Minister of the Australian Capital Territory, the Administrator of
the Northern Territory or the Administrator of Norfolk Island for the
performance, by all or any of the persons who from time to time hold office as
Magistrates in that State or Territory, of the function of making orders under
this section.
Law relating to legal professional privilege not affected
"65K. This Part does not affect the law relating to legal professional
privilege.
Other laws about search, arrest etc. not affected
"65L. (1) This Part is not intended to limit or exclude the operation of
another law of the Commonwealth relating to:
(a) the search of persons or premises; or
(b) arrest and related matters; or
(c) the stopping, detaining or searching of conveyances; or
(d) the seizure of things.
(2) To avoid doubt, it is declared that even though another law of the
Commonwealth provides power to do one or more of the things referred to in
subsection (1), a similar power conferred by this Part may be used despite the
existence of the power under the other law.".
18. Before subsection 66(2):
Insert:
(1B) Subject to subsection (2), the owner, or the person in charge, of:
(a) premises entered under a warrant; or
(b) a conveyance stopped under section 64Q;
must, if requested by an inspector to do so, provide reasonable assistance to
the inspector in:
(c) the performance of the functions; or
(d) the carrying out of the duties; or
(e) the exercise of the powers;
conferred on the inspector under this Act in relation to those premises or
that conveyance.
(1C) person who intentionally contravenes subsection (1B) is guilty of an
offence punishable on conviction by imprisonment for a term not exceeding 12
months.".
19. Before section 67:
Insert:
"Division 7 - Power to search baggage etc.".
20. Sections 69, 69A, 70 and 71:
Repeal the sections, substitute:
"Division 8 - Power to ask questions about specimens
Inspector may ask questions about the nature or origin of specimens
When section applies "69. (1) This section applies to a specimen if an
inspector has reasonable grounds to suspect that:
(a) the specimen has been exported, or is proposed to be exported, in
contravention of section 21; or
(b) the specimen has been imported, or is proposed to be imported, in
contravention of section 22.
Questions
(2) If the inspector has reasonable grounds to suspect that a person has
information about the nature or origin of the specimen, the inspector may ask
the person one or more questions about the nature or origin of the specimen.
Answers to questions
(3) Subject to subsections (6) and (7), if a person is asked a question
under subsection (2), the person must not intentionally refuse or
intentionally fail to answer the question to the extent that the person is
capable of doing so.
False answers
(4) If a person is asked a question under subsection (2), the person must
not give an answer that is false or misleading in a material particular if:
(a) the person knows that the answer is false or misleading in a material
particular; or
(b) the person is reckless as to whether the answer is false or misleading
in a material particular.
Offence
(5) A person who contravenes subsection (3) or (4) is guilty of an offence
punishable on conviction by a fine not exceeding 10 penalty units.
No requirement to give incriminating answers
(6) If a person is asked a question under subsection (2), the person is not
required to answer the question if the answer might tend to incriminate the
person or expose the person to a penalty.
Identity cards etc.
(7) If a person is asked a question under subsection (2) by an inspector,
the person is not required to answer the question unless:
(a) if the inspector is a member of a police force - the inspector produces,
for inspection by the person, written evidence of the fact that the inspector
is a member of that police force; or
(b) if the inspector is an officer of Customs - the inspector produces, for
inspection by the person, written evidence of the fact that the inspector is
an officer of Customs; or
(c) if the inspector is neither a member of a police force nor an officer of
Customs - the inspector produces the inspector's identity card for inspection
by the person.
"Division 9 - Power to ask for names and addresses
Inspector may ask a person to give the person's name and address
"69A. (1) An inspector may ask an individual to tell the inspector the
individual's name and address if the inspector has reasonable grounds to
suspect that the individual has been involved in the commission of an offence
against this Act or the regulations.
(2) Subject to subsection (5), a person must not intentionally refuse or
intentionally fail to comply with a request under subsection (1).
(3) A person must not, in purported compliance with a request under
subsection (1), give a name or address that the person knows is false or
misleading.
(4) A person who contravenes subsection (2) or (3) is guilty of an offence
punishable on conviction by a fine not exceeding 10 penalty units.
(5) If an inspector makes a request of a person under subsection (1), the
person is not required to comply with the request unless:
(a) if the inspector is a member of a police force - the inspector produces,
for inspection by the person, written evidence of the fact that the inspector
is a member of that police force; or
(b) if the inspector is an officer of Customs - the inspector produces, for
inspection by the person, written evidence of the fact that the inspector is
an officer of Customs; or
(c) if the inspector is neither a member of a police force nor an officer of
Customs - the inspector produces the inspector's identity card for inspection
by the person.
"Division 10 - Seizure and forfeiture etc.
"Subdivision A - Seizure of specimens involved in a
contravention of this Act or the regulations
Seizure of specimens involved in a contravention of this Act or the
regulations
"69B. An inspector may seize a specimen if the inspector has reasonable
grounds to suspect that the specimen has been used or otherwise involved in
the commission of an offence against this Act or the regulations.
Notice about seizure
"69C. (1) Subject to subsection (2), if a specimen is seized by an inspector
under section 69B, the inspector must give:
(a) the owner of the specimen; or
(b) the person who had possession, custody or control of the specimen
immediately before it was seized;
a written notice:
(c) identifying the specimen; and
(d) stating that it has been seized under section 69B and giving the reason
for the seizure; and
(e) setting out the terms of sections 69D and 69E.
The notice must be given as soon as practicable after the seizure.
(2) An inspector is not required to give a notice under subsection (1) about
a specimen if, after making such inquiries as the inspector thinks
appropriate, the inspector does not, within 30 days after the seizure, have
sufficient information to enable the inspector to give the notice. In that
event, the inspector must keep a written record of the seizure.
Applications for return of specimen
"69D. (1) If a specimen is seized under section 69B, the owner of the specimen
may apply in writing to the Designated Authority for the delivery to the owner
of the specimen.
(2) The application must be made:
(a) within 30 days after the seizure; or
(b) if a notice is given under subsection 69C(1) in relation to the specimen
- within 30 days after the giving of the notice.
(3) The application must be made on the ground that the specimen was not
used or otherwise involved in the commission of an offence against this Act or
the regulations.
(4) If the applicant satisfies the Designated Authority that that ground has
been established, the Designated Authority must grant the application.
Note: Under section 69H, the Designated Authority may retain the specimen for
up to 30 days after making a decision on the application.
Court action for return of specimen
"69E. (1) If a specimen is seized under section 69B, the owner of the specimen
may bring an action against the Commonwealth in a court of competent
jurisdiction for the delivery of the specimen to the owner on the ground that
the specimen was not used or otherwise involved in the commission of an
offence against this Act or the regulations.
(2) An action under subsection (1) must be brought:
(a) within 30 days after the seizure; or
(b) if a notice is given under subsection 69C(1) in relation to the specimen
- within 30 days after the giving of the notice.
(3) If:
(a) an action is brought under subsection (1); and
(b) the court finds that the specimen was used or otherwise involved in the
commission of the offence concerned;
the court must order the specimen to be forfeited to the Commonwealth.
(4) If:
(a) an action is brought under subsection (1); and
(b) the action is discontinued by the owner otherwise than because of:
(i) the delivery of the specimen to the owner; or
(ii) the forfeiture of the specimen to the Commonwealth; or
(iii) the disposal of the specimen under section 69R;
the specimen is forfeited to the Commonwealth.
Consignment of specimen with consent of owner
"69F. (1) If:
(a) a specimen is seized under section 69B; and
(b) the specimen was imported from a particular foreign country;
and
(c) the export of the specimen from the foreign country was not in
contravention of a law of the foreign country that corresponds to this Act;
and
(d) the specimen is not specified in Part I of Schedule 3; and
(e) if the importer had applied for a permit authorising the import of the
specimen, it is not reasonably likely that the permit would have been granted;
and
(f) the importer produces written evidence from the relevant authority of
the foreign country that the specimen may be returned to the foreign country
without contravening such a law;
the Designated Authority may, with the consent of the owner of the specimen,
consign the specimen to a place in the foreign country.
(2) The consignment is to be at the expense of the owner of the specimen.
Release of specimen
"69G. If a specimen is seized under section 69B, the Designated Authority may
release the specimen to the owner, or to the person from whose possession the
specimen was seized, either:
(a) unconditionally; or
(b) on such conditions as the Designated Authority thinks fit (including
conditions about the giving of security for payment of its value if it is
forfeited).
Retention of specimen
"69H. If a specimen is seized under section 69B, the specimen may be retained
until the end of 30 days after whichever is the latest of the following
events:
(a) the seizure;
(b) if a notice is given under subsection 69C(1) in relation to the specimen
- the giving of the notice;
(c) if an application is made under subsection 69D(1) in relation to the
specimen - the making of a decision on that application;
(d) if:
(i) proceedings for an offence against this Act or the
regulations are instituted during the period within which an application may
be made under subsection 69D(1) in relation to the specimen; and
(ii) the specimen may have been used or otherwise involved in
the commission of the offence or the specimen may afford evidence of the
commission of the offence;
the termination of the proceedings (including any appeal to a court in
relation to those proceedings);
(e) if proceedings under section 69L are instituted during the period within
which an application may be made under subsection 69D(1) in relation to the
specimen - the termination of the proceedings (including any appeal to any
court in relation to those proceedings).
However, this rule does not authorise the retention of the specimen if the
owner of the specimen succeeds in an action under subsection 69E(1) for the
delivery of the specimen to the owner. Nor does this rule require the return
of the specimen if proceedings under subsection 69E(1) relating to the
specimen are pending.
Forfeiture of specimen after end of retention period
"69J. (1) If:
(a) a specimen is seized under section 69B; and
(b) none of the following happens before the end of the period for which the
specimen may be retained:
(i) proceedings are instituted for an offence against this Act
or the regulations, where the specimen is alleged to have been used or
otherwise involved in the commission of the offence;
(ii) the specimen is delivered to the owner;
(iii) the owner of the specimen brings an action under
subsection 69E(1) for the delivery of the specimen to the owner;
(iv) proceedings are instituted under section 69L in relation to
the specimen;
(v) the specimen is disposed of under section 69R;
the specimen is forfeited to the Commonwealth at the end of that period.
(2) Subsection (1) has effect only to the extent (if any) to which it gives
effect to paragraph 1(b) of Article VIII of the Convention.
Forfeiture of specimen by consent etc.
"69K. (1) If:
(a) a specimen is seized under section 69B; and
(b) the owner of the specimen agrees to transfer ownership of the specimen
to the Commonwealth, either:
(i) unconditionally; or
(ii) in the event that a future contingency happens; and
(c) if subparagraph (b)(ii) applies - that contingency happens;
then:
(d) the specimen becomes the property of the Commonwealth; and (e) the
provisions of this Part relating to forfeiture apply as if the specimen had
been forfeited to the Commonwealth under this Act.
(2) If:
(a) a specimen is seized under section 69B; and
(b) the owner of the specimen agrees to transfer ownership of the specimen
to the Commonwealth in the event that a future contingency happens;
the Designated Authority may retain the specimen:
(c) until the specimen becomes the property of the Commonwealth; or
(d) if the specimen does not become the property of the Commonwealth - until
the occurrence of the last day on which that contingency could have happened.
(3) Subsection (2) has effect despite anything in section 69H.
Forfeiture of specimen by order of a civil court
"69L. If:
(a) a specimen is seized under section 69B; and
(b) the specimen has been used or otherwise involved in a contravention of
this Act or the regulations;
a court may, on the application of the Designated Authority, order the
forfeiture to the Commonwealth of the specimen.
"Subdivision B - Seizure of goods other than specimens
Seizure of goods other than specimens
"69M. (1) This section applies to goods (including vehicles, vessels,
aircraft, platforms and documents), but does not apply to a specimen.
(2) An inspector may seize goods if the inspector has reasonable grounds to
suspect that:
(a) the goods have been used or otherwise involved in the commission of an
offence against this Act or the regulations; or
(b) the goods will afford evidence of the commission of an offence against
this Act or the regulations.
Retention of goods that have been seized
"69N. (1) Goods seized under section 69M may be retained until:
(a) the end of the period of 60 days after the seizure or the end of such
extended period as is, or such extended periods as are, determined under
subsection (3); or
(b) if:
(i) proceedings for an offence against this Act or the
regulations are instituted within that period; and
(ii) the goods may have been used or otherwise involved in the
commission of the offence or the goods may afford evidence of the commission
of the offence;
the proceedings (including any appeal to a court in relation to those
proceedings) are terminated.
(2) An inspector may apply to a Magistrate for an extension of the period
during which the inspector is entitled to retain particular goods seized under
section 69M.
(3) If the Magistrate is satisfied that the retention of the goods for an
extended period is warranted, the Magistrate may make an order extending the
period during which the goods may be retained. The maximum period of an
individual extension is 30 days.
(4) Subsection (3) does not prevent a Magistrate from granting 2 or more
successive extensions under that subsection of the period during which
particular goods may be retained.
(5) A function of making an order conferred on a Magistrate by subsection
(3) is conferred on the Magistrate in a personal capacity and not as a court
or a member of a court.
(6) Without limiting the generality of subsection (5), an order made by a
Magistrate under subsection (3) has effect only by virtue of this Act and is
not taken, by implication, to be made by a court.
(7) A Magistrate performing a function of, or connected with, making an
order under subsection (3) has the same protection and immunity as if he or
she were performing that function as, or as a member of, a court (being the
court of which the Magistrate is a member).
(8) The Governor-General may make arrangements with the Governor of a State,
the Chief Minister of the Australian Capital Territory, the Administrator of
the Northern Territory or the Administrator of Norfolk Island for the
performance, by all or any of the persons who from time to time hold office as
Magistrates in that State or Territory, of the function of making orders under
subsection (3).
Disposal of goods if owner cannot be located
"69P. If:
(a) goods are seized under section 69M; and
(b) apart from this section, the Commonwealth is required to return the
goods to the owner; and
(c) the Designated Authority cannot, despite making reasonable efforts,
locate the owner;
the Designated Authority may dispose of the goods in such manner as the
Designated Authority thinks appropriate.
Release of goods that have been seized
"69Q. The Designated Authority may authorise goods seized under section 69M 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:
(a) unconditionally; or
(b) on such conditions as the Designated Authority thinks fit (including
conditions about the giving of security for giving payment of their value if
they are forfeited).
"Subdivision C - Immediate disposal of seized items
Immediate disposal of seized items
"69R. (1) If:
(a) a thing is seized under this Division; and
(b) it is reasonably likely that the retention of the thing would:
(i) constitute a serious threat to the environment; or
(ii) constitute a serious threat to the continued existence, in
the wild, of a particular species of animals or of a particular species of
plants; or
(iii) result in the introduction of an alien species that
represents a threat to ecosystems, habitats or other species; or
(iv) constitute a danger to public health; or
(v) in the case of a live specimen - constitute a significant
threat to the health of the specimen;
the Designated Authority may cause the thing to be dealt with in such manner
as the Designated Authority considers appropriate (including the destruction
of the thing).
(2) Subject to subsection (3), if a thing is dealt with in accordance with
subsection (1), the Designated Authority must give to:
(a) the owner of the thing; or
(b) the person who had possession, custody or control of the thing
immediately before it was seized;
a written notice:
(c) identifying the thing; and
(d) stating that the thing has been seized under this Division and giving
the reason for the seizure; and
(e) stating that the thing has been dealt with under subsection (1) and
specifying the manner in which it has been so dealt with and the reason for
doing so; and
(f) setting out the terms of subsection (4).
The notice must be given as soon as practicable after the thing is so dealt
with.
(3) The Designated Authority is not required to give a notice under
subsection (2) about a thing if, after making such inquiries as the Designated
Authority thinks appropriate, the Designated Authority does not, within 20
days after dealing with the thing, have sufficient information to enable the
notice to be given.
(4) If a thing is dealt with in accordance with subsection (1), the owner of
the thing may bring an action against the Commonwealth in a court of competent
jurisdiction for the recovery of the market value of the thing at the time it
was so dealt with. The action must be brought on the ground that the thing was
not used or otherwise involved in the commission of an offence against this
Act or the regulations.
"Subdivision D - Court-ordered forfeiture
Court-ordered forfeiture
"69S. (1) If 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
thing (other than a specimen) used or otherwise involved in the commission of
the offence.
(2) If a court convicts a person of an offence against this Act or the
regulations, the court must order the forfeiture to the Commonwealth of any
specimen used or otherwise involved in the commission of the offence.
(3) A court may make an order under subsection (1) or (2) even if the thing
or specimen has been seized under this Act.
(4) A reference in this section to a conviction of a person of an offence
includes a reference to the making of an order under section 19B of the Crimes
Act 1914 in relation to the person in respect of the offence.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a
person to have committed an offence to take action without proceeding to
record a conviction.
"Subdivision E - Dealings in forfeited items
Dealings in forfeited items
"69T. (1) A thing forfeited to the Commonwealth under this Act becomes the
property of the Commonwealth.
(2) A thing forfeited to the Commonwealth under this Act is to be dealt with
in such manner as the Designated Authority considers appropriate.
(3) Without limiting subsection (2), the Designated Authority may sell a
thing forfeited to the Commonwealth under this Act.
(4) The Designated Authority must not sell a specimen forfeited to the
Commonwealth under this Act unless, in the opinion of the Designated
Authority, the buyer will use the specimen for scientific or educational
purposes.
"Subdivision F - Delivery of forfeited items to the Commonwealth
Delivery of forfeited items to the Commonwealth
"69U. (1) If:
(a) a thing is forfeited to the Commonwealth under this Act; and
(b) the thing has not been dealt with under section 69T; and
(c) the thing is in the possession, custody or control of a person other
than:
(i) the Commonwealth; or
(ii) an agency of the Commonwealth;
the person must deliver the thing to the Designated Authority.
(2) A person who intentionally contravenes subsection (1) is guilty of an
offence punishable on conviction by imprisonment for a term not exceeding 2
years.
"Subdivision G - Keeping of specimens that have been seized
Keeping of specimens retained under this Part
"69V. If a person is authorised under this Part to retain a specimen, the
person 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 Division.
Recovery of costs of storing or keeping specimens
"69W. (1) If a specimen is seized under this Part, the owner is liable to pay
to the Commonwealth an amount equal to the sum of the following costs:
(a) reasonable costs incurred by the Commonwealth in relation to the custody
of the specimen;
(b) reasonable costs incurred by the Commonwealth in transporting the
specimen;
(c) in the case of a specimen that is a live animal or a live plant -
reasonable costs incurred by the Commonwealth in maintaining the animal or
plant.
(2) If:
(a) a specimen is seized under this Part; and
(b) the specimen is disposed of;
the owner is liable to pay to the Commonwealth an amount equal to the
reasonable costs incurred by the Commonwealth in disposing of the specimen.
(3) An amount payable by a person under this section is a debt due by the
person to the Commonwealth.
(4) An amount payable by a person to the Commonwealth under this section may
be recovered by action in a court of competent jurisdiction.
(5) The Designated Authority may remit an amount payable by a person under
this section.
(6) In addition to its effect apart from this subsection, this section also
has the effect it would have if a liability under this section were, by
express provision, confined to the case of a specimen that:
(a) is forfeited to the Commonwealth under this Act; or
(b) would have been forfeited to the Commonwealth under this Act if it had
not been disposed of.
"Subdivision H - Rescuing goods".
21. Before section 72:
Insert:
"PART IV - MISCELLANEOUS".
22. Paragraph 80(1)(k):
Omit ", section 43 or 44 or subsection 56A(3)", substitute "or section 43 or
44".
23. Paragraph 80(1)(v):
Omit the paragraph.
24. Transitional - pre-commencement surrender or seizure (1) This item applies
if, at any time before the commencement of this item, a thing was surrendered
or seized under section 54, 55, 56, 57, 69 or 71 of the Wildlife Protection
(Regulation of Exports and Imports) Act 1982.
(2) Despite the amendments made by this Schedule, subsections 4(2) and 45(2)
and sections 54, 55, 56, 56A, 57, 69, 69A, 70, 71 and 80 of that Act continue
to apply, in relation to the surrender or seizure of the thing, as if those
amendments had not been made.
NOTES ABOUT SECTION HEADINGS
1. On the commencement of the amendment of section 9A of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 13 to
this Act, the heading to that section is altered by omitting "management
programs" and substituting "amendments of Schedule 6 or declarations of
management programs or controlled specimens".
2. On the commencement of the amendments of section 63 of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 19 to
this Act, the heading to that section is altered by adding at the end "by
consent".
3. On the commencement of the amendments of section 64 of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 19 to
this Act, the heading to that section is altered by adding at the end " -
sections 62 and 63".
4. On the commencement of the amendment of section 77 of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 9 to
this Act, the heading to that section is altered by adding at the end "and
Designated Authority"