WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- Updated as at 1 November 1996 (#DATE 1:11:1996)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- TABLE OF PROVISIONS
TABLE
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 amendments of Schedule
6 or declarations of management programs or controlled
specimens
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 permits
Division 3-Requirements for permits to export specimens
25. Permits to export not to be granted if detrimental to
survival of kind of animals or plants
26. Permits to export not to be granted in respect of specimens
unlawfully obtained 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. Requirements for permits to import-Schedule 2A
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
45. Permit or authority to be produced
46. Revocation etc. of permits and authorities
47. Conditions in respect of permits and authorities
47A. Export of live native Australian animals by way of inter
zoological gardens transfer-special conditions in respect
of permits or authorities
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-Marking of certain specimens for the
purposes of identification
51A. Object
51B. Specimens to which Division applies
51C. Extended meaning of marking
51D. Designated Authority may make determinations about
marking of specimens
51E. Offences
51F. Concurrent operation of State and Territory laws
Division 7-Miscellaneous
52. Matters published in Gazette
53. Possession of illegally imported specimens
53A. Cruelty-import or export of animals
53B. Imports of specimens contrary to the laws of a foreign
country
PART IIA-REGULATION OF THE POSSESSION OF CLASSIFIED
EXOTIC BIRDS
Division 1-Object
57A. Object
Division 2-Prohibition of the unregistered possession
of classified exotic birds etc.
57B. Unregistered possession of classified exotic birds
57C. Unlawful transfers of possession of classified exotic
birds
Division 3-Registration certificates
57D. Application for registration certificate
57E. Joint applications
57F. Form of application etc.
57G. Further information
57H. Grant of registration certificate
57J. Refusal of registration certificate
57K. Notification of refusal of application
57L. Duration of registration certificate
57M. Conditions of registration certificate
57N. Offence of contravening conditions
57P. Surrender of registration certificate
57Q. Cancellation of registration certificate
Division 4-Operation of State and Territory laws
57R. Concurrent operation of State and Territory laws
Division 5-Partnerships
57S. Treatment of partnerships
57T. Giving of documents to partnerships
Division 6-Exotic Birds Committee
Subdivision A-Establishment of Committee etc.
57U. Exotic Birds Committee
57V. Functions of Committee
57W. Appointment of members
Subdivision B-Administrative provisions
57X. Period of appointment
57Y. Basis on which members hold office
57Z. Remuneration and allowances
57ZA. Leave of absence
57ZB. Acting appointments
57ZC. Disclosure of interests
57ZD. Resignation
57ZE. Termination of appointment
57ZF. Other terms and conditions
Subdivision C-Operation of the Exotic Birds Committee
57ZG. Meetings of the Exotic Birds Committee
57ZH. Resolutions without meetings
Subdivision D-Other committees
57ZI. Committees established by the Exotic Birds Committee
57ZJ. Disclosure of interests
57ZK. Committee established by Exotic Birds Committee-member's
appointment to be terminated for non-disclosure of
interests
Division 7-Monitoring of compliance
57ZL. Monitoring powers
57ZM. Monitoring searches-occupier gives consent
57ZN. Monitoring warrants
57ZO. Details of monitoring warrant to be given to occupier etc.
57ZP. Occupier entitled to be present during search
57ZQ. Announcement before entry
PART III-ENFORCEMENT
Division 1-Inspectors
58. Appointment of inspectors
59. Inspectors ex officio
60. Arrangements for State and Territory officers to be
inspectors
61. Identity cards
Division 2-Boarding of vessels etc. and access to
premises by consent
62. Boarding of vessels etc. by inspectors
63. Access to premises by consent
64. Functions of inspectors-sections 62 and 63
Division 3-Search warrants
64A. When search warrants can be issued
64B. The things that are authorised by a search warrant
64C. Availability of assistance, and use of force, in executing
a warrant
64D. Details of warrant to be given to occupier etc.
64E. Specific powers available to inspectors executing warrant
64F. Use of equipment to examine or process things
64G. Use of electronic equipment at premises
64H. Compensation for damage to electronic equipment
64J. Copies of seized things to be provided
64K. Occupier entitled to be present during search
64L. Receipts for things seized under warrant
64M. Warrants by telephone or other electronic means
64N. Restrictions on personal searches
64P. When a thing is in the possession of a person
Division 4-Stopping and searching conveyances
64Q. Searches of conveyances without warrant in emergency
situations
64R. How an inspector exercises a power under section 64Q
Division 5-Arrest and related matters
65. Powers of arrest of inspectors
65A. Power to conduct a frisk search of an arrested person
65B. Power to conduct an ordinary search of an arrested person
65C. Power to conduct search of arrested person's premises
Division 6-Miscellaneous provisions about searches,
entry to premises, warrants etc.
65D. Conduct of ordinary searches and frisk searches
65E. Announcement before entry
65F. Offence of making false statements in warrants
65G. Offences relating to telephone warrants
65H. Retention of things which are seized
65J. Magistrate may permit a thing to be retained
65K. Law relating to legal professional privilege not affected
65L. Other laws about search, arrest etc. not affected
66. Persons to assist inspectors
Division 7-Power to search baggage etc.
67. Power to search baggage etc.
Division 8-Power to ask questions about specimens
69. Inspector may ask questions about the nature or origin of
specimens
Division 9-Power to ask for names and addresses
69A. Inspector may ask a person to give the person's name and
address
Division 10-Seizure and forfeiture etc.
Subdivision A-Seizure of specimens involved in a
contravention of this Act or the regulations
69B. Seizure of specimens involved in a contravention of this
Act or the regulations
69C. Notice about seizure
69D. Applications for return of specimen
69E. Court action for return of specimen
69F. Consignment of specimen with consent of owner
69G. Release of specimen
69H. Retention of specimen
69J. Forfeiture of specimen after end of retention period
69K. Forfeiture of specimen by consent etc.
69L. Forfeiture of specimen by order of a civil court
Subdivision B-Seizure of goods other than specimens
69M. Seizure of goods other than specimens
69N. Retention of goods that have been seized
69P. Disposal of goods if owner cannot be located
69Q. Release of goods that have been seized
Subdivision C-Immediate disposal of seized items
69R. Immediate disposal of seized items
Subdivision D-Court-ordered forfeiture
69S. Court-ordered forfeiture
Subdivision E-Dealings in forfeited items
69T. Dealings in forfeited items
Subdivision F-Delivery of forfeited items
to the Commonwealth
69U. Delivery of forfeited items to the Commonwealth
Subdivision G-Keeping of specimens that have
been seized
69V. Keeping of specimens retained under this Part
69W. Recovery of costs of storing or keeping specimens
Subdivision H-Rescuing goods
71A. Rescuing goods
PART IV-MISCELLANEOUS
72. False statements
74. Evidence
75. Evidence of examiner
75A. Protection of witness
76. Delegation by Minister
76A. Delegation by Designated Authority
77. Arrangements by Minister and Designated Authority
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 2
ACITES APPENDIX III SPECIMENS
SCHEDULE 3
Specimens the export or import of which, otherwise than in
accordance with a permit or an authority, is 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
EXOTIC BIRDS THAT ARE NOT CLASSIFIED EXOTIC BIRDS
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 by regulating the possession
of certain exotic birds, and for related purposes
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*
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*
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 3
Object of Act
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears:
"animal" means any member, alive or dead, of the animal kingdom
(other than man);
"animal reproductive material" means:
(a) an embryo, an egg or sperm of an animal; or
(b) any other part, or product, of an animal from which another
animal could be produced;
"animal specimen" means:
(a) an animal;
(b) animal reproductive material;
(c) the skin, feathers, horns, shell or any other part of an animal;
or
(d) any article wholly produced by or from, or otherwise wholly
derived from, a single animal;
but does not include:
(e) a fossil; or
(f) a mineralised deposit;
"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;
"classified exotic bird" means a bird (other than a native
Australian bird) that belongs to a species that is not specified in
Schedule 9;
"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);
"conveyance" includes an aircraft, vehicle or vessel;
"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;
"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;
"Exotic Birds Committee" means the Exotic Birds Committee
established by section 57U;
"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;
"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;
"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; or
(c) in relation to a registration certificate-the person who, or the
partnership that, has been granted that certificate;
"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;
"Magistrate" means a Magistrate who is remunerated by salary or
otherwise;
"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;
"occupier", in relation to a conveyance, means the person apparently
in charge of the conveyance;
"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 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;
"officer of Customs" has the same meaning as it has in the Customs
Act 1901;
"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;
"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, and
includes fungi;
"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;
but does not include:
(e) a fossil; or
(f) a mineralised deposit;
"premises" includes a place and a conveyance;
"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;
"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;
"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;
"registration certificate" means a registration certificate granted
under section 57H;
"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;
"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;
"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;
"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;
"zoological organization" means an organization engaged in the
exhibition or breeding of wild animals.
(2) In any other provision of this Act 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.
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* (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.
(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) 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.
Note: See section 9B for requirements about comments on proposed
declarations relating to the amendment of Schedule 6.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 9A
Register of persons concerned about amendments of Schedule 6 or
declarations of management programs or controlled specimens
SECT
9A. (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:
(aa) proposals for declarations under section 9, where the
declarations relate to the amendment of Schedule 6; and
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 9B
Views of concerned persons to be considered before making declarations
SECT
9B. (1) Where the Minister proposes to:
(aa) make a declaration under section 9, where the declaration
relates to the amendment of Schedule 6; or
(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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 10
Approved management programs
SECT
10. (1) Subject to subsection (1B) and 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.
(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.
(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.
(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.
(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.
(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, in such a case, the instrument of declaration is to specify the
period, circumstances or condition.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 10A
Controlled specimens
SECT
10A. (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.
(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.
(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.
(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.
(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, in such a case, the instrument of declaration is to specify the
period, quantity, circumstances or condition.
(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.
(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).
(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.
(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.
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. (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; and
(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
(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; 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.
(2) In this section, "relevant approved institution" means an
approved institution that is also a prescribed scientific
organisation.
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. (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,
other than the species Melopsittacus undulatus (common name
budgerigar);
(b) the exporter kept the animal as a household pet immediately
before 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) 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.
(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.
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 Tribunal 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. A person shall not, otherwise than in accordance with a permit
or an authority, intentionally or recklessly 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: 1,000 penalty units or imprisonment for 10 years, or both.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 22
Certain imports prohibited
SECT
22. A person shall not, otherwise than in accordance with a permit
or an authority, intentionally or recklessly import:
(a) a specimen specified in Part I of Schedule 1, Part I of Schedule
2 or Part I of Schedule 3; or
(aa) a specimen specified in Part I of Schedule 2A; 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: 1,000 penalty units or imprisonment for 10 years, or both.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 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. (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, 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, 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 24
Grant of permit
SECT
24. (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:
(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.
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. The Minister shall not grant a permit to export a specimen
unless the Minister 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.
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. The Minister shall not grant a permit to export a specimen
unless the Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 27
Requirements for permits to export live animals and live plants
SECT
27. (1) The Minister shall not grant a permit to export a live
animal unless the Minister 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 Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 28
Requirements for permits to export-Schedule 1
SECT
28. Subject to section 32, the Minister shall not grant a permit to
export a specimen specified in Part I of Schedule 1 unless the
Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 29
Requirements for permits to export-Schedule 2
SECT
29. Subject to section 32, the Minister shall not grant a permit to
export a specimen specified in Part I of Schedule 2 unless the
Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 30
Requirements for permits to export-Schedule 3
SECT
30. Subject to section 32, the Minister shall not grant a permit to
export a specimen specified in Part I of Schedule 3 unless it appears
to the Minister, after consultation with the Designated Authority,
that there are exceptional circumstances justifying the grant of the
permit and the Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 31
Requirements for permits to export-native Australian animals and
plants
SECT
31. Subject to section 32, the Minister shall not grant a permit to
export a specimen that is, or is derived from, a native Australian
animal or a native Australian plant, being a specimen that is not
specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of
Schedule 3, unless the Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 32
Permits to re-export
SECT
32. (1) Sections 28, 29, 30 and 31 do not apply in relation to a
permit to export from Australia or an external Territory a specimen,
other than a live animal, that has been imported into Australia or
that Territory, as the case may be.
(2) The Minister shall not grant a permit to export from Australia a
specimen that has been imported into Australia, unless the Minister 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 Minister 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.
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. 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 Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 34
Requirements for permits to import live animals and live plants
SECT
34. The Minister shall not grant a permit to import a live animal or
a live plant unless the Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 35
Requirements for permits to import certain live animals and live
plants
SECT
35. (1) The Minister shall not grant a permit to import a live
animal, including a live animal that is a specimen specified in Part I
of Schedule 1, Part I of Schedule 2, Part I of Schedule 2A or Part I
of Schedule 3, unless the Minister 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 Minister 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
Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 36
Requirements for permits to import-Schedule 1
SECT
36. (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 Minister 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; or
(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 Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 37
Requirements for permits to import-Schedule 2
SECT
37. (1) Subject to subsections (2) and (3), the Minister shall not
grant a permit to import a specimen specified in Part I of Schedule 2
unless the Minister 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 Minister 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 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 38
Requirements for permits to import-Schedule 3
SECT
38. The Minister shall not grant a permit to import a specimen
specified in Part I of Schedule 3 unless it appears to the Minister,
after consultation with the Designated Authority, that there are
exceptional circumstances justifying the grant of the permit and the
Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 38A
Requirements for permits to import-Schedule 2A
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 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. (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 Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 42
Authority to export or import artificially propagated plants
SECT
42. (1) A person may make an application to the Minister for:
(a) an authority under this section to export artificially
propagated plants that are specimens specified in Part I of Schedule 2
or Part I of Schedule 3;
(b) an authority under this section to export artificially
propagated native Australian plants that are specimens not specified
in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3;
or
(c) an authority under this section to import artificially
propagated plants that are specimens specified in Part I of Schedule 2
or Part I of Schedule 3.
(2) An application under 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 Minister 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 Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 42A
Authority to export certain specimens
SECT
42A. (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 Minister 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 42B
Authority to import certain specimens
SECT
42B. (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 Minister 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.
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. (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 Minister 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.
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. (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 Minister is satisfied in
relation to a matter; and
(c) even though the Minister is not satisfied in relation to that
matter, the Minister 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.
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. (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) 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.
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
Export of live native Australian animals by way of inter zoological
gardens transfer-special conditions in respect of permits or
authorities
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 48
Compliance with conditions of permit or authority
SECT
48. The holder of a permit or an authority who intentionally
contravenes 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 120 penalty units.
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. (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 intentionally
contravenes 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 600 penalty units.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 51
Conditions relating to imported plants
SECT
51. (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 intentionally
contravenes 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 600 penalty units.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 6A
Division 6A-Marking of certain specimens for the purposes
of identification
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 51A
Object
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 51B
Specimens to which Division applies
SECT
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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 51C
Extended meaning of "marking"
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 51D
Designated Authority may make determinations about marking of
specimens
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 51E
Offences
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 51F
Concurrent operation of State and Territory laws
SECT
51F. 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.
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. (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) Where, in accordance with subsection (1), particulars of permits
granted, or of refusals to grant permits, are set out in a document,
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 set out in a document, 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 53
Possession of illegally imported specimens
SECT
53. (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.
(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 any progeny of such a specimen; 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 or any progeny of such a specimen;
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 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 imprisonment for a term 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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 53A
Cruelty-import or export of animals
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 53B
Imports of specimens contrary to the laws of a foreign country
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- PART IIA
PART IIA-REGULATION OF THE POSSESSION OF CLASSIFIED
EXOTIC BIRDS
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 1
Division 1-Object
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57A
Object
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 2
Division 2-Prohibition of the unregistered possession
of classified exotic birds etc.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57B
Unregistered possession of classified exotic birds
SECT
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).
period
Possession notified to Designated Authority during transitional
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57C
Unlawful transfers of possession of classified exotic birds
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 3
Division 3-Registration certificates
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57D
Application for registration certificate
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57E
Joint applications
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57F
Form of application etc.
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57G
Further information
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57H
Grant of registration certificate
SECT
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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57J
Refusal of registration certificate
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57K
Notification of refusal of application
SECT
57K. If the Designated Authority refuses an application, the
Designated Authority must give written notice of the refusal to the
applicant.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57L
Duration of registration certificate
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57M
Conditions of registration certificate
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57N
Offence of contravening conditions
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57P
Surrender of registration certificate
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57Q
Cancellation of registration certificate
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 4
Division 4-Operation of State and Territory laws
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57R
Concurrent operation of State and Territory laws
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 5
Division 5-Partnerships
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57S
Treatment of partnerships
SECT
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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57T
Giving of documents to partnerships
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 6
Division 6-Exotic Birds Committee
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION A
Subdivision A-Establishment of Committee etc.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57U
Exotic Birds Committee
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57V
Functions of Committee
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57W
Appointment of members
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION B
Subdivision B-Administrative provisions
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57X
Period of appointment
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57Y
Basis on which members hold office
SECT
57Y. A member of the Exotic Birds Committee holds office on a part-
time basis.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57Z
Remuneration and allowances
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZA
Leave of absence
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZB
Acting appointments
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZC
Disclosure of interests
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZD
Resignation
SECT
57ZD. A member of the Exotic Birds Committee may resign by writing
signed by him or her and sent to the Minister.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZE
Termination of appointment
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZF
Other terms and conditions
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION C
Subdivision C-Operations of the Exotic Birds Committee
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZG
Meetings of the Exotic Birds Committee
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZH
Resolutions without meetings
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION D
Subdivision D-Other committees
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZI
Committees established by the Exotic Birds Committee
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZJ
Disclosure of interests
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZK
Committee established by Exotic Birds Committee-member's appointment
to be terminated for non-disclosure of interests
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 7
Division 7-Monitoring of compliance
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZL
Monitoring powers
SECT
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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZM
Monitoring searches-occupier gives consent
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZN
Monitoring warrants
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZO
Details of monitoring warrant to be given to occupier etc.
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZP
Occupier entitled to be present during search
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 57ZQ
Announcement before entry
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- PART III
PART III-ENFORCEMENT
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 1
Division 1-Inspectors
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 58
Appointment of inspectors
SECT
58. (1) The Minister may, by instrument in writing, appoint a person
as an inspector.
(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.
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. (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.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 61
Identity cards
SECT
61. (1) The Minister may cause to be issued to an inspector, other
than a member of a police force or an officer of Customs, an identity
card in a form approved by the Minister.
(2) Where a person in possession of an identity card issued to him
or her under subsection (1) ceases to be an inspector, that person
shall forthwith return the identity card to the Minister.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 2
Division 2-Boarding of vessels etc. and access
to premises by consent
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 62
Boarding of vessels etc. by inspectors
SECT
62. (1) This section applies to:
(a) any Australian vessel, Australian aircraft or Australian
platform;
(b) any vehicle, vessel or aircraft that is in Australia or an
external Territory;
(c) any vessel, or any aircraft capable of landing on water, that is
in Australian waters; and
(d) any aircraft that is over Australia, an external Territory or
Australian waters.
(2) An inspector may, with such assistance as he 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, intentionally 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 60 penalty
units.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 63
Access to premises by consent
SECT
63. (1) An inspector may, with the consent of the occupier of any
premises, enter the premises for the purpose of exercising the
functions of an inspector in accordance with section 64.
(5) Where an inspector has entered any premises in pursuance of
subsection (1), he or she may exercise the functions of an inspector
in accordance with section 64.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64
Functions of inspectors-sections 62 and 63
SECT
64. (1) The functions of an inspector who boards a vehicle, vessel,
aircraft or platform under section 62 or enters premises under section
63 are:
(a) to search the vehicle, vessel, aircraft, platform or premises,
as the case may be; and
(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; and
(d) to exercise powers of seizure conferred on the inspector by
section 69B or 69M.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 3
Division 3-Search warrants
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64A
When search warrants can be issued
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64B
The things that are authorised by a search warrant
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64C
Availability of assistance, and use of force, in executing a warrant
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64D
Details of warrant to be given to occupier etc.
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64E
Specific powers available to inspectors executing warrant
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64F
Use of equipment to examine or process things
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64G
Use of electronic equipment at premises
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64H
Compensation for damage to electronic equipment
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64J
Copies of seized things to be provided
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64K
Occupier entitled to be present during search
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64L
Receipts for things seized under warrant
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64M
Warrants by telephone or other electronic means
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64N
Restrictions on personal searches
SECT
64N. A warrant can not authorise a strip search or a search of a
person's body cavities.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64P
When a thing is in the possession of a person
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 4
Division 4-Stopping and searching conveyances
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64Q
Searches of conveyances without warrant in emergency situations
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 64R
How an inspector exercises a power under section 64Q
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 5
Division 5-Arrest and related matters
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65
Powers of arrest of inspectors
SECT
65. (1) An inspector may, without warrant, arrest any person, if the
inspector believes on reasonable grounds that:
(a) the person is committing or has committed an offence against
this Act; and
(b) proceedings against the person by summons would not be
effective.
(2) Where an inspector (other than a member of a police force, or an
officer of Customs, who is in uniform) arrests a person under
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65A
Power to conduct a frisk search of an arrested person
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65B
Power to conduct an ordinary search of an arrested person
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65C
Power to conduct search of arrested person's premises
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 6
Division 6-Miscellaneous provisions about searches,
entry to premises, warrants etc.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65D
Conduct of ordinary searches and frisk searches
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65E
Announcement before entry
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65F
Offence of making false statements in warrants
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65G
Offences relating to telephone warrants
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65H
Retention of things which are seized
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65J
Magistrate may permit a thing to be retained
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65K
Law relating to legal professional privilege not affected
SECT
65K. This Part does not affect the law relating to legal
professional privilege.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 65L
Other laws about search, arrest etc. not affected
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 66
Persons to assist inspectors
SECT
66. (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.
(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.
(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.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 7
Division 7-Power to search baggage etc.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 67
Power to search baggage etc.
SECT
67. (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, intentionally
refuse or intentionally fail fail to answer a question put to the
person under subsection (2).
Penalty: 60 penalty units.
(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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 8
Division 8-Power to ask questions about specimens
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69
Inspector may ask questions about the nature or origin of specimens
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 9
Division 9-Power to ask for names and addresses
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69A
Inspector may ask a person to give the person's name and address
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- DIVISION 10
Division 10-Seizure and forfeiture etc.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION A
Subdivision A-Seizure of specimens involved in a
contravention of this Act or the regulations
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69B
Seizure of specimens involved in a contravention of this Act or the
regulations
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69C
Notice about seizure
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69D
Applications for return of specimen
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69E
Court action for return of specimen
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69F
Consignment of specimen with consent of owner
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69G
Release of specimen
SECT
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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69H
Retention of specimen
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69J
Forfeiture of specimen after end of retention period
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69K
Forfeiture of specimen by consent etc.
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69L
Forfeiture of specimen by order of a civil court
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION B
Subdivision B-Seizure of goods other than specimens
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69M
Seizure of goods other than specimens
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69N
Retention of goods that have been seized
SECT
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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69P
Disposal of goods if owner cannot be located
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69Q
Release of goods that have been seized
SECT
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).
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION C
Subdivision C-Immediate disposal of seized items
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69R
Immediate disposal of seized items
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION D
Subdivision D-Court-ordered forfeiture
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69S
Court-ordered forfeiture
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION E
Subdivision E-Dealings in forfeited items
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69T
Dealings in forfeited items
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION F
Subdivision F-Delivery of forfeited items
to the Commonwealth
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69U
Delivery of forfeited items to the Commonwealth
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION G
Subdivision G-Keeping of specimens that have been seized
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69V
Keeping of specimens retained under this Part
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 69W
Recovery of costs of storing or keeping specimens
SECT
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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SUBDIVISION H
Subdivision H-Rescuing goods
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 71A
Rescuing goods
SECT
71A. (1) A person who intentionally or recklessly:
(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 imprisonment for
a term not exceeding 2 years.
(2) In this section, "goods" includes vehicles, vessels, aircraft,
platforms, specimens and documents.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- PART IV
PART IV-MISCELLANEOUS
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 72
False statements
SECT
72. (1) A person who, in, or in connection with, an application for
a permit, an authority or a registration certificate:
(a) intentionally makes a statement that, to the person's knowledge,
is false or misleading in a material particular; or
(b) intentionally furnishes to an inspector or other person doing
duty in relation to this Act a document that, to the knowledge of the
first-mentioned person, contains information that is false or
misleading in a material particular;
is guilty of an offence punishable, on conviction, by imprisonment for
a term not exceeding 2 years.
(2) A person who:
(a) intentionally makes to an inspector doing duty in relation to
this Act a statement that, to the knowledge of the person, is false or
misleading in a material particular; or
(b) intentionally furnishes to an inspector doing duty in relation
to this Act a document that, to the knowledge of the person, contains
information that is false or misleading in a material particular;
is guilty of an offence punishable, on conviction, by a fine not
exceeding 60 penalty units.
(3) For the purposes of the application of subsections (1) and (2)
in relation to a corporation but without prejudice to the liability of
any person other than the corporation:
(a) a statement made, or a document furnished, by a person acting on
behalf of the corporation shall be deemed to have been made or
furnished by the corporation; and
(b) the knowledge of any person employed by, or concerned in the
management of, the corporation shall be deemed to be knowledge of the
corporation.
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. (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.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 76A
Delegation by Designated Authority
SECT
76A. (1) The Designated Authority, with the approval, in writing, of
the Minister, may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Designated
Authority:
(a) delegate to an officer or employee of the 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.
(2) A power so delegated, when exercised by the delegate, shall, for
the purposes of this Act, be deemed to have been exercised by the
Designated Authority.
(3) A delegation under this section does not prevent the exercise of
the power by the Designated Authority.
(4) If the Designated Authority delegates a power conferred on the
Designated Authority by Division 3 of Part IIA to a State/Territory
officer, the State/Territory officer may, by writing, sub-delegate the
power to another State/Territory officer.
(5) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts
Interpretation Act 1901 apply in relation to a sub-delegation in a
corresponding way to the way in which they apply to a delegation.
(6) Section 34A and paragraphs 34AB(c) and (d) of the Acts
Interpretation Act 1901 apply to a sub-delegation as if it were a
delegation.
(7) In this section:
"State/Territory officer" means:
(a) a person who holds or performs the duties of an office or
position under a law of a State or Territory; or
(b) a person who is employed by, or by an authority of, a State or
Territory.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 77
Arrangements by Ministerand Designated Authority
SECT
77. (1) The Minister may make arrangements to the extent necessary
to achieve the object of this Act (including arrangements involving
co-operation by the Commonwealth with the Government of another
country, of a State or of the Northern Territory, the administration
of an external Territory, an organization or a person) for:
(a) the formulation or assessment of a management program for the
purposes of this Act;
(b) the carrying out of research relating to native Australian
animals and native Australian plants the species of which are, or are
likely to become, threatened with extinction and the existence of the
species of which is likely to be affected by trade in specimens of the
species;
(c) the collection of statistics relating to the export and import
of wild animals or wild plants, including statistics relating to the
movement of such animals and plants within Australia before export or
after import, as the case may be; or
(d) the dissemination of information relating to the export and
import of wild animals or wild plants.
(2) The Designated Authority may make arrangements with:
(a) an authority, agency or instrumentality of the Commonwealth; or
(b) the Secretary to a Department; or
(c) an authority, agency or instrumentality of a State or internal
Territory; or
(d) the administration of an external Territory; or
(e) an authority, agency or instrumentality of a foreign country; or
(f) an organisation specified in the regulations;
about any matter in connection with:
(g) the administration or enforcement of this Act; or
(h) the implementation of the Convention.
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. (1) An application may be made to the Administrative Appeals
Tribunal for a review of any of the following decisions:
(a) a declaration by the Minister under subsection 10 (1);
(aa) a decision of the Minister under subsection 10(4), (6) or (7)
to revoke a declaration;
(ab) a decision by the Minister under subsection 10(5) to vary a
declaration;
(ac) a declaration by the Minister under subsection 10A(2) or (3);
(ad) a decision of the Minister under subsection 10A(4A), (4C) or
(4D) to revoke a declaration;
(ae) a decision by the Minister under subsection 10A(4B) to vary a
declaration;
(b) a declaration by the Designated Authority under subsection 11
(1) or 12 (1);
(c) a refusal by the Designated Authority of an application made
under subsection 11 (3) or 12 (3);
(d) a requirement by the Minister under subsection 23 (5);
(e) a decision of the Minister that the Minister is satisfied, or
not satisfied, in relation to a matter for the purposes of section 25,
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or 38;
(f) a decision of the Minister to grant, or refuse to grant, a
permit, other than a permit to export, or a permit to import, a
specimen specified in Part I of Schedule 3;
(g) a determination by the Minister for the purposes of paragraph 24
(5) (b) of the period for which a permit is to remain in force;
(h) a refusal by the Designated Authority of an application made
under subsection 40 (5);
(j) a decision of the Designated Authority under subsection 40 (7)
to remove the name of a scientific organization from the register
maintained under subsection 40 (1);
(k) a decision of the Minister that the Minister is satisfied, or
not satisfied, in relation to a matter for the purposes of section 41
or 42, subsection 42A (7) or 42B (9) or section 43 or 44;
(l) a decision of the Minister to give, or refuse to give, an
authority under section 42, 42A, 42B or 43;
(m) a determination by the Minister for the purposes of paragraph 42
(6) (c) of the period for which an authority under section 42 is to
remain in force;
(ma) a determination by the Minister for the purposes of paragraph
42A (8) (c) of the period for which an authority under section 42A is
to remain in force;
(mb) a determination by the Minister for the purposes of paragraph
42B (10) (c) of the period for which an authority under section 42B is
to remain in force;
(n) a determination by the Minister for the purposes of paragraph 43
(9) (b) of the period for which an authority under section 43 is to
remain in force, being a period of less than 12 months;
(o) a determination by the Minister for the purposes of paragraph 44
(3) (c) of the period for which an authority under section 44 is to
remain in force;
(p) a decision of the Minister to vary, revoke or suspend a permit
or authority under section 46;
(q) a determination by the Minister of the period of suspension of a
permit or authority for the purposes of subsection 46 (3);
(r) an imposition under subsection 47 (1) of conditions in respect
of a permit or an authority;
(s) a decision of the Minister to revoke, suspend, vary, or cancel a
suspension of, a condition in respect of a permit or an authority
under subsection 47 (1);
(sa) a decision by the Designated Authority under subsection 47A(3);
(t) a refusal by the Minister of an application under subsection 49
(1) or (2);
(u) a decision by the Designated Authority to give, or refuse to
give, an approval under subsection 50 (1) or 51 (1);
(ua) a decision of the Designated Authority under a determination in
force under section 51D.
(w) a decision of the Designated Authority under subsection 57J(1)
to refuse to grant a registration certificate;
(x) a determination by the Designated Authority under subsection
57L(2) of the period for which a registration certificate is to remain
in force;
(y) an imposition under subsection 57M(1) or (2) of conditions in
respect of a registration certificate;
(z) a decision of the Designated Authority under subsection 57M(2)
to vary or revoke a condition in respect of a registration
certificate;
(za) a decision of the Designated Authority under subsection 57Q(1)
or (2) to cancel a registration certificate.
(2) In giving a direction as to the persons who are to constitute
the Administrative Appeals Tribunal for the purposes of a review of a
decision of the Minister that the Minister is satisfied, or not
satisfied, in relation to a matter for the purposes of section 25, 27,
33 or 34 or paragraph 43 (6) (b), the President of the Tribunal shall
ensure that, for the purposes of the review, the Tribunal is
constituted by, or includes, a member of the Tribunal who, in the
opinion of the President, has special knowledge or skill in relation
to environmental matters.
(3) Where the Minister or the Designated Authority makes a decision
of a kind referred to in subsection (1) and gives to the person or
persons whose interests are affected by the decision notice in writing
of the making of the decision, that notice shall include a statement
to the effect that, subject to the Administrative Appeals Tribunal Act
1975, application may be made to the Administrative Appeals Tribunal
for review of the decision to which the notice relates by or on behalf
of the person or persons whose interests are affected by the decision.
(4) Any failure to comply with the requirements of subsection (3) in
relation to a decision shall not be taken to affect the validity of
the decision.
(5) In subsection (1), "decision" has the same meaning as it has in
the Administrative Appeals Tribunal Act 1975.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SECT 81
Regulations
SECT
81. The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act;
and, in particular:
(c) providing for the manner of service of notices under this Act;
(d) providing for forms to be completed, or declarations to be made,
in relation to specimens by persons arriving in Australia or an
external Territory; and
(e) prescribing penalties not exceeding 10 penalty units for
offences against the regulations.
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 Sections 21, 22, 28 and 36
SPECIMENS THE EXPORT OR IMPORT OF WHICH, OTHERWISE THAN IN
ACCORDANCE WITH A PERMIT OR AN AUTHORITY, IS PROHIBITED, AND
IN RELATION TO WHICH SECTIONS 28 AND 36 APPLY
PART I-SPECIMENS
A specimen that is, or is derived from, an animal of a genus,
species or sub-species specified, or described, in Part II.
A specimen that is, or is derived from, an animal that is, or has
been, part of a population specified in Part III.
A specimen, other than a seed or spore, that is, or is derived from,
a plant of a genus, species or sub-species specified, or described, in
Part IV.
A specimen, other than a seed or spore, that is, or is derived from,
a plant that is, or has been, part of the population of plants of the
species Araucaria araucana in Chile.
A specimen, other than a seed or spore, that is, or is derived from,
a plant of the variety alba of the species Lycaste virginalis (nun,
white).
PART II-ANIMALS
Division 1-Class Amphibia
Order Family Genus, species or sub-species
Common name
ANURA
Hylidae
Litoria longirostris
frog, long-nosed tree
Microhylidae
Cophixalus concinnus
microhylid, elegant
Cophixalus saxatilis
microhylid, rock-dwelling
Leptodactylidae
Arenophyryne rotunda
frog, sandhill
Philoria frosti
frog, Mt Baw Baw
Rheobatrachus silus
frog, platypus
SALIENTIA
Atelopodidae
Atelopus varius zeteki
frog, Zetek's or (Panamanian) golden
or golden arrow poison
URODELA
Bufonidae
Bufo periglenes
toad, orange or golden or Monte Verde
Bufo superciliaris
toad, Cameroon
Nectophrynoides
toads, viviparous African
Cryptobranchidae
Andrias (Megalobatrachus) davidianus
salamander, Chinese giant
Andrias (Megalobatrachus) japonicus
salamander, Japanese giant
Division 2-Class Aves
Order Family Genus, species or sub-species
Common name
ANSERIFORMES
Anatidae
Anas aucklandica nesiotis
teal, Campbell Island flightless or
Campbell Island brown
Anas platyrhynchos
laysanensis
duck, Laysan. Laysan teal
Anas oustaleti
duck, Marianas Island or Oustalet's
grey or Marianas mallard
Branta canadensis
leucopareia
goose, Aleutian or Canada
Branta sandvicensis
goose, Hawaiian. nene
Cairina scutulata
duck, white-winged wood
Rhodonessa caryophyllacea
duck, pink-headed
APODIFORMES
Trochilidae
Glaucis (Ramphodon) dohrnii
hermit, hook-billed
CAPRIMULGIFORMES
Podargidae
Podargus ocellatus plumiferus
frogmouth, marbled
CHARADRIIFORMES
Laridae
Anous tenuirostris
Larus relictus
noddy, lesser
gull, relict. khar turunt tsakhiai
Scolopacidae
Numenius borealis
curlew, Eskimo
Tringa guttifer
greenshank, Nordmann's or spotted
CICONIIFORMES
Ciconiidae
Ciconia ciconia boyciana
stork, Japanese white or white
oriental
Threskiornithidae
Geronticus eremita
ibis, hermit
Nipponia nippon
ibis, Japanese crested
COLUMBIFORMES
Columbidae
Caloenas nicobarica
pigeon, Nicobar. Nicobar dove
Columba janthina nitens
pigeon, red-headed wood or black wood
Columba janthina stejnegeri
pigeon, Stejneger's wood or black wood
Ducula mindorensis
pigeon, Mindoro imperial or
Mindoro zone-tailed
CORACIIFORMES
Bucerotidae
Buceros bicornis homrai
hornbill, Homrai great pied or
Homrai great Indian or Northern
great pied
Rhinoplax vigil
hornbill, helmeted
FALCONIFORMES
Accipitridae
Erythrotriorchis (Accipiter) radiatus
Goshawk, red
Aquila chrysaetos japonica
eagle, Japanese golden
Aquila heliaca
eagle imperial
Buteo buteo toyoshimae
buzzard, Bonin
Chondrohierax uncinatus wilsonii
kite, Cuba(n) hook-billed
Spilornis (Haematornis) cheela perplexus
eagle, Ryuykyu serpent
Haliaeetus albicilla
eagle, white-tailed (sea) or grey sea
Haliaeetus leucocephalus
eagle, (American) bald
Harpia harpyja
eagle, harpy
Pithecophaga jefferyi
eagle, Philippine or monkey-eating
Cathartidae
Gymnogyps californianus
condor, California
Vultur gryphus
condor, Andean
Falconidae
Falco araea
kestrel, Seychelles
Falco newtoni aldabranus
kestrel, Aldabra
Falco peregrinus (pelegrinoides/babylonicus)
falcon, Peregrine (Barbary
falcon/Shaheen included)
Falco peregrinus furuitii
falcon, Volcano Islands peregrine
Falco punctatus
kestrel, Mauritius
GALLIFORMES
Cracidae
Crax blumenbachii
curassow, red-billed. mutum
Crax (Mitu) mitu mitu
curassow, razor-billed. mitu
Oreophasis derbianus
guan, horned
Penelope albipennis
guan, white-winged
Alburra (Pipile) jacutinga
guan, black-faced piping or
black-fronted piping. black-fronted
curassow jacutinga
Alburra (Pipile) pipile pipile
curassow, Trinidad white-headed.
Trinidad white-headed piping guan
Megapodiidae
Macrocephalon maleo
maleo (bird) or megapode
Phasianidae
Catreus wallichii
pheasant, cheer
Colinus virginianus ridgwayi
bobwhite, masked
Crossoptilon crossoptilon
pheasant, white eared
or Tibetan eared
Crossoptilon mantchuricum
pheasant, brown eared
Lophophorus impeyanus
monal, Himalayan or pheasant,
(Himalayan) monal or Impeyan
Lophophorus lhuysii
pheasant Chinese. Chinese monal
Lophophorus sclateri
pheasant, Sclater's. Sclater's monal
pheasant
Lophura edwardsi
pheasant, Edwards'
Lophura imperialis
pheasant, Imperial
Lophura swinhoii
pheasant, Swinhoe's
Polyplectron emphanum
pheasant, Palawan peacock
Syrmaticus ellioti
pheasant, Elliot's
Syrmaticus humiae
pheasant, Hume's or (Hume's)
bar-tailed or Mrs Hume's
Syrmaticus mikado
pheasant, Mikado
Tetraogallus caspius
snowcock, Caspian
Tetraogallus tibetanus
snowcock, Tibetan
Tragopan blythii
tragopan, Blyth's
Tragopan caboti
tragopan, Cabot's
Tragopan melanocephalus
tragopan, western (horned)
Tetraonidae
Lagopus mutus
japonicus
ptarmigan, Japanese
Tympanuchus cupido attwateri
chicken, Attwater's (greater) prairie
GRUIFORMES
Gruidae
Grus americana
crane, whooping
Grus canadensis nesiotes
crane, Cuba sandhill
Grus canadensis pulla
crane, Mississippi sandhill
Grus japonensis
crane, Japanese or Manchurian or
red-crowned
Grus japonicus
crane, Japanese
Grus leucogeranus
crane, Siberian white or snow or
great white
Grus monacha
crane, Hooded
Grus nigricollis
crane, black-necked or Tibetan
Grus vipio
crane, white-naped or (Japanese)
white-necked
Otidadae
Choriotis nigriceps
bustard, great Indian
Chlamydotis undulata
bustard, Houbara
Eupodotis bengalensis
bustard, Bengal or great. Bengal
florican
Pedionomidae
Pedionomus torquatus
plains-wanderer
Rallidae
Rallus (Tricholimnas) sylvestris
rail, Lord Howe wood or woodhen,
Lord Howe Island
Rhynochetidae
Rhynochetos jubatus
kagu
PASSERIFORMES
Atrichornithidae
Atrichornis clamosus
scrub-bird, noisy. western scrub-bird
Corvidae
Garrulus lidthi
jay, Lidth's or purple
Cotingidae
Cotinga maculata
cotinga, spotted or banded
Xipholena atropurpurea
cotinga, white-winged
Cracticidae
Strepera graculina crissalis
currawong, Lord Howe Island
Fringillidae
Carduelis (Chloris) sinica kittlitzi
greenfinch, Bonin
Spinus cucullatus
siskin, red
Meliphagidae
Apalopteron familiare hahasima
honey-eater, Hahajima
Lichenostomus (Meliphaga)
melanops cassidix
honeyeater, helmeted
Manorina melanotis
miner, black-eared
Muscicapidae
Dasyornis brachypterus
bristlebird, eastern or long-billed
Dasyornis broadbenti littoralis
bristlebird, western
Picathartes gymnocephalus
rock-fowl, white-necked or
bare-headed. white-necked
picathartes. white-necked
bald crow
Picathartes soreas
rock-fowl, grey-necked. grey-necked
Amytornis dorotheae
grasswren, carpentarian or
red-winged
Amytornis textilis textilis
grasswren, thick-billed
Malurus coronatus
fairy-wren, purple-crowned
Bradypterus pryeri pryeri
swamp-warbler, Japanese
Cettia diphone panafidinica
bush-warbler, Torishima
Psophodes nigrogularis
whipbird, western
Drymodes superciliaris colcloughi
robin, northern scrub
Erithacus komadori komadori
robin, Ryukyu or Temminck's
Erithacus komadori namiyei
robin, Stejneger's
Erithacus komadori subrufa
robin, Yaeyama
Turdus dauma amami
thrush, Amami tiger
Pardalotidae (Dicaeidae)
Pardalotus quadragintus
pardalote, forty-spotted
Pittidae
Pitta kochi
pitta, Koch's
Pycnonotidae
Pycnonotus sinensis orii
bulbul, lesser Chinese
Sturnidae
Leucopsar rothschildi
starling, Rothschild's or white.
Rothschild's or Bali mynah
Troglodytidae
Troglodytes troglodytes orii
wren, Borodino
Zosteropidae
Zosterops albogularis
silvereye, white-breasted.
white-chested white eye
PELECANIFORMES
Fregatidae
Fregata andrewsi
frigate bird, Christmas Island
Sulidae
Sula abbotti
booby, Abbott's
PICIFORMES
Picidae
Campephilus imperialis
woodpecker, imperial
Picoides (Dendrocopos) leucotos
owstoni
woodpecker, Owston's white-backed
Dryocopus javensis richardsi
woodpecker, Tristram's or
white-bellied black
Picoides tridactylus inouyei
woodpecker, Ezo three-toed
Sapheopipo noguchii
woodpecker, Pryer's
PODICIPEDIFORMES
Podicipedidae
Podilymbus gigas
grebe, Atitlan (pied-billed) or giant
pied-billed
PROCELLARIIFORMES
Diomedeidae
Diomedea albatrus
albatross, short-tailed or Steller's
Procellariidae
Pterodroma leucoptera leucoptera
petrel, Gould's
Pterodroma solandri
petrel, providence or Solander's
Puffinus carneipes hullianus
shearwater, Lord Howe
Island flesh-footed or pale-footed
PSITTACIFORMES
Psittacidae
Amazona arausiaca
amazon, red-necked jacquot
Amazona barbadensis
amazon, yellow-shouldered
Amazona brasiliensis
amazon, red-tailed
Amazona guildingii
amazon, St. Vincent. St. Vincent
parrot
Amazona imperialis
amazon, imperial. imperial parrot
Amazona leucocephala
amazon, Cuban. Cuban or Bahamas
or Bahaman parrot
Amazona pretrei
amazon, red-spectacled.
red-spectacled parrot
Amazona dufresniana (rhodocorytha)
amazon, red-crowned. red-browned
or red-crowned parrot
Amazona versicolor
amazon, St. Lucia. St. Lucia parrot
Amazona vinacea
amazon. vinaceous. vinaceous
(breasted) parrot
Amazona vittata
amazon. Puerto Rican or
red-fronted. Puerto Rico or Puerto
Rican parrot
Anodorhynchus glaucus
macaw, Glaucous
Anodorhynchus leari
macaw, Lear's or indigo
Aratinga guarouba
parakeet, golden. golden or Queen of
Bavaria or Queen of Bavaria's
conure
Cyanopsitta spixii
macaw, Spix's or little blue
Cyanoramphus auriceps forbesi
parakeet, Forbes' or yellow-fronted.
Forbes' Kakariki
Cyanoramphus novaezelandiae
cookii
parrot, Norfolk Island
Cyclopsitta diophthalma coxeni
fig-parrot, Coxen's
Geopsittacus occidentalis
parrot, night
Neophema chrysogaster
parrot, orange-bellied
Pezoporus wallicus
parrot, ground
Pionopsitta pileata
parrot, pileated or red-capped
Polytelis alexandrae
parrot, Alexandra's
Psephotus chrysopterygius
parrot, golden-shouldered
Psephotus dissimilis
parrot, hooded
Psephotus pulcherrimus
parrot, paradise
Psittacula krameri echo
parakeet, Mauritius ring-necked
Psittacus erithacus princeps
parrot, Fernando poo grey or
principe
Pyrrhura cruentata
conure, blue-throated or
red-rumped. ochre-marked
parakeet
Rhynchopsitta
parrot, thick-billed or
maroon-fronted
Strigops habroptilus
kakapo. owl parrot
RHEIFORMES
Rheidae
Pterocnemia pennata
rhea, Darwin's or lesser orpuna
SPHENISCIFORMES
Spheniscidae
Spheniscus humboldti
penguin, Humboldt or Peruvian
STRIGIFORMES
Strigidae
Athene blewitti
owl, forest little. forest spotted owl
Ketupa (Bubo) blakistoni
blakistoni
owl, Blakiston's eagle or Blakiston's
fish
Ninox novaeseelandiae royana
owl, Norfolk Island boobook
Ninox squamipila natalis
owl, Christmas Island (hawk-)
Mimizuku (Otus) gurneyi
owl, giant scops
Tytonidae
Tyto soumagnei
owl, Soumagne's or Madagascar
grass
TINAMIFORMES
Tinamidae
Tinamus solitarius
tinamou, solitary
TROGONIFORMES
Trogonidae
Pharomachrus mocinno
costaricensis
quetzal, Costa Rica (resplendent)
Pharomachrus mocinno mocinno
quetzal, magnificent or Mexican
resplendent
Division 3-Class Mammalia
Order Family Genus, species or sub-species
Common name
ARTIODACTYLA
Antilocapridae
Antilocapra americana
peninsularis
pronghorn, Lower California or
peninsular
Antilocapra americana sonoriensis
pronghorn, Sonoran
Bovidae
Bison bison athabascae
bison, wood
Bos gaurus
ox, Indian wild. gaur. saladang.
seladang
Bos mutus (grunniens)
yak, wild
Bubalus (Anoa) depressicornis
anoa, lowland
Bubalus (Anoa) mindorensis
tamaraw. tamarou
Bubalus (Anoa) quarlesi
anoa, mountain
Capra falconeri chiltanensis
markhor. Chiltan
Capra falconeri jerdoni
markhor, straight-horned
Capra falconeri megaceros
markhor, Kabul
Capricornis sumatraensis
serow
Hippotragus niger variani
antelope, giant sable
Nemorhaedus goral
goral
Novibos (Bos) sauveli
kouprey
Oryx leucoryx
oryx, Arabian
Ovis ammon hodgsoni
sheep, great Tibetan. nyan
Ovis orientalis ophion
mouflon, Cyprian
Ovis vignei
urial. shapu. shapo
Pantholops hodgsoni
antelope, Tibetan. chiru. orong
Rupicapra rupicapra ornata
chamois, Abruzzi
Camelidae
Vicugna vicugna
vicuna. vicugna
Cervidae
Axis (Hyelaphus) calamianensis
deer, Calamian (hog) or Philippine
Axis (Hyelaphus) kuhli
deer, Kuhl's (hog) or Bawean (hog)
Axis (Hyelaphus) porcinus
annamiticus
deer, Ganges hog or Thai hog
Blastocerus dichotomus
deer, marsh. guasu puca
Cervus duvauceli
deer, swamp. barasingha
Cervus elaphus hanglu
deer, Kashmir. Kashmir stag hangul
Cervus eldi
deer, brow-antlered or Eld's. thamin
Dama mesopotamica
deer, Persian fallow or
Mesopotamian fallow
Hippocamelus antisensis
huemal, North Andean or Peruvian.
taruca. Peruvian guemal
Hippocamelus bisulcus
huemal, South Andean or Chilean.
Chilean guemal
Ozotoceros bezoarticus
deer, Pampas
Pudu pudu
pudu, Chilean
Suidae
Babyrousa babyrussa
babirusa. deer hog. babiroussa
Sus salvanius
hog, pygmy
CARNIVORA
Canidae
Speothos venaticus
dog, bush or savannah
Vulpes velox hebes
fox, northern kit or northern swift
Felidae
Acinonyx jubatus
cheetah, or hunting leopard
Felis bengalensis bengalensis
cat, leopard
Felis concolor coryi
cougar, Florida. Florida puma
Florida panther
Felis concolor costaricensis
puma, Costa Rica or Central
American
Felis concolor cougar
cougar, eastern. eastern puma
eastern panther
Felis jacobita
cat, mountain or Andean
Felis marmorata
cat, marbled
Felis nigripes
cat, black-footed
Felis pardalis mearnsi
ocelot, Costa Rican
Felis pardalis mitis
ocelot, Brazilian
Felis planiceps
cat, flat-headed
Felis (Lynx) rufa escuinapae
bobcat, Mexican
Felis temmincki
cat, Asiatic golden or Temminck's
(golden)
Felis tigrina oncilla
cat, tiger or little spotted
Felis wiedii nicaraguae
margay, Nicaraguan
Felis wiedii salvinia
margay, Guatemalan
Felis yagouaroundi cacomitli
jaguarundi, eastern Mexico
Felis yagouaroundi fossata
jaguarundi, southern Mexico
Felis yagouaroundi panamensis
jaguarundi, Panaman
Felis yagouaroundi tolteca
jaguarundi, western Mexico
Neofelis nebulosa
leopard, clouded
Panthera leo persica
lion, Asiatic or Indian
Panthera onca
jaguar
Panthera pardus
(Sub-species of Panthera tigris
other than Panthera tigris
altaica (also known as Panthera
tigris amurensis))
leopard
Panthera uncia
leopard, snow
Hyaenidae
Hyaena brunnea
hyaena, brown
Mustelidae
Aonyx microdon
otter, Cameroon clawless or
small-toothed clawless or
small-clawed
Enhydra lutris nereis
otter, southern sea or Californian sea
Lutra felina
otter, marine. chungungo seat cat
Lutra longicaudis
(platensis/annectens)
otter, long-tailed (LaPlata otter or
South American otter or lobito de
rio and Central American otter
included)
Lutra lutra
otter, Eurasian or European (river)
or Old World or common
Lutra provocax
otter, southern river. huillin
Mustela nigripes
ferret, black-footed
Pteronura brasiliensis
otter, giant or Brasilian
Ursidae
Helarctos malayanus
bear, Malayan (sun)
Selenarctos thibetanus
bear, Himalayan (black) or Asiatic
black
Tremarctos ornatus
bear, spectacled or Andean
Ursus arctos isabellinus
bear, red or Himalayan brown
Ursus arctos nelsoni
bear, Mexican (grizzli)
Ursus arctos pruinosus
bear, Tibet(an) brown
Viverridae
Prionodon pardicolor
linsang, spotted. tiger-civet
EDENTATA
Dasypodidae
Priodontes giganteus (maximus)
armadillo, giant
LAGOMORPHA
Leporidae
Caprolagus hispidus
rabbit, Assam. hispid hare
Romerolagus diazi
rabbit, volcano
MARSUPIALIA
Dasyuridae
Sminthopsis longicaudata
dunnart, long-tailed
Sminthopsis psammophila
dunnart, sandhill
Macropodidae
Bettongia
bettong
Caloprymnus campestris
kangaroo, desert rat-
Lagorchestes asomatus
hare-wallaby, central
Lagorchestes hirsutus
wallaby, rufous hare-
Lagorchestes leporides
hare-wallaby, eastern
Lagostrophus fasciatus
wallaby, banded hare-
Macropus greyi
wallaby, toolache
Onychogalea fraenata
wallaby, bridled nailtail
Onychogalea lunata
wallaby, crescent nailtail
Petrogale
rock-wallaby, proserpine
Potorous longipes
potoroo, long-footed
Potorous platyops
potoroo, broad-faced
Myrmecobiidae
Myrmecobius fasciatus
numbat
Peramelidae
Chaeropus ecaudatus
bandicoot, pig-footed
Macrotis lagotis
bilby, greater
Macrotis leucura
bilby, lesser
Perameles bougainville
bandicoot, western barred
Perameles eremiana
bandicoot, desert
Petauridae
Gymnobelideus leadbeateri
possum, leadbeater's
Thylacinidae
Thylacinus cynocephalus
thylacine
Vombatidae
Lasiorhinus krefftii
wombat, northern hairy-nosed
PERISSODACTYLA
Equidae
Equus grevyi
zebra, Grevy's
Equus hemionus hemionus
ass, Mongolian wild. kulan, oziggetai
Equus hemionus khur
ass, Indian wild. ghor-khar khar
Equus przewalskii
horse, Przewalski's or Mongolian
wild
Equus zebra zebra
zebra, Cape Mountain
Rhinocerotidae
(All species of Rhinocerotidae)
rhinoceroses. rhinos
Tapiridae
Tapirus bairdii
tapir, Central American or Baird's
Tapirus indicus
tapir, Malayan or Indian or Asian
Tapirus pinchaque
tapir, mountain or woolly
PHOLIDOTA
Manidae
Manis temmincki
pangolin, South African. scaly
anteater
PINNIPEDIA
Otariidae
Arctocephalus townsendi
seal, Guadalupe fur or Lower
California fur
Phocidae
Monachus
seals, monk
PRIMATES
Callithricidae
Callimico goeldii
marmoset, Goeldi's. Goeldi's
tamarin
Callithrix aurita
marmoset, white-eared
Callithrix flaviceps
marmoset, buff-headed
Leontopithecus (Leontideus)
tamarins, golden (lion) or pied
Saguinus bicolor
tamarin, pied
Saguinus leucopus
tamarin, white-footed
Saguinus oedipus (geoffroyi)
tamarin, cotton-headed or cotton
top. cotton-top or pinche
marmoset liszet monkey
(Geoffroy tamarin included)
Cebidae
Alouatta palliata (villosa)
howler, Guatemalan + mantled
Ateles geoffroyi frontatus
monkey, black-browed spider
Ateles geoffroyi panamensis
monkey, Panama spider or red
(-bellied) spider
Brachyteles arachnoides
monkey, woolly spider
Cacajao
uakaris
Chiropotes albinasus
saki, white-nosed
Saimiri oerstedii
monkey, red-backed squirrel or
Central American squirrel
Cercopithecidae
Cercocebus galeritus galeritus
mangabey, Tana River (monkey)
Cercopithecus diana (roloway)
monkey, Diana (Roloway monkey
included)
Colobus badius kirkii
colobus, Kirk's red or Zanzibar red
Colobus badius rufomitratus
colobus, Tana River red
Macaca silenus
macaque, lion-tailed or wanderoo
Nasalis larvatus
monkey, proboscis
Papio (Mandrillus) leucophaeus
drill
Papio (Mandrillus) sphinx
mandrill
Presbytis entellus
langur, entellus or true or hanuman
or common
Presbytis geei
langur, golden
Presbytis pileatus
langur, capped or bonneted. capped
monkey
Presbytis potenziani
langur, long-tailed. mentawi leaf
monkey
Pygathrix nemaeus
langur, douc
Simias concolor
langur, pig-tailed or Mentawi Islands
snub-nosed or Pagi Island
Daubentoniidae
Daubentonia madagascariensis
aye-aye
Hylobatidae
Hylobates
gibbons
Symphalangus syndactylus
siamang
Indriidae
Avahi
avahis or woolly lemurs or woolly
indris
Indri
indris
Propithecus
sifakas
Lemuridae
Allocebus
lemurs, hairy-eared dwarf
Cheirogaleus
lemurs, fat-tailed dwarf
Hapalemur
lemurs, gentle
Lemur
lemurs
Lepilemur
lemurs, sportive and weasel
Microcebus
lemurs, mouse
Phaner
lemurs, fork-marked mouse
Pongidae
(All species of Pongidae)
apes, great
PROBOSCIDEA
Elephantidae
Elephas maximus
elephant, Asian or Indian
RODENTIA
Muridae
Conilurus albipes
tree-rat, rabbit-eared (rabbit-rat)
Leporillus apicalis
rat, lesser stick-nest
Leporillus conditor
rat, greater stick-nest or
house-building
Notomys amplus
hopping-mouse, short-tailed
Notomys aquilo
hopping-mouse, northern
Notomys fuscus
hopping-mouse, dusky
Notomys longicaudatus
hopping-mouse, long-tailed
Notomys macrotis
hopping-mouse, big-eared
Notomys mordax
hopping-mouse, Darling Downs
Pseudomys fieldi
mouse, Alice Springs
Pseudomys fumeus
mouse, smoky (false)
Pseudomys praeconis
mouse, Shark Bay (false)
Xeromys myoides
rat, false water-
Zyzomys pedunculatus
rat, central rock or Macdonnel
Range rock
Sciuridae
Cynomys mexicanus
dog, Mexican prairie. Mexican
prairie marmot
SIRENIA
Trichechidae
Trichechus inunguis
manatee, South American or Amazonian
Trichechus manatus
manatee, Caribbean or North
American or West Indian
Division 4-Class Mollusca
Order Family Genus, species or sub-species
Common name
NAIADOIDA
Unionidae
Conradilla caelata
mussel, birdwing pearly. rimose
naiad
Dromus dromas
mussel, dromedary pearly.
dromedary naiad
Epioblasma (Dysnomia) torulosa
gubernaculum
mussel, green-blossomed pearly.
green-blossom naiad
Epioblasma (Dysnomia)
florentina curtisi
mussel, Curtis pearly. Curtis' naiad
Epioblasma (Dysnomia)
florentina florentina
mussel, yellow-blossom pearly.
yellow-blossom naiad
Epioblasma (Dysnomia) sampsoni
mussel, Sampson's pearly. Sampson's
naiad
Epioblasma (Dysnomia) sulcata
perobliqua
mussel, white catspaw. white cats
paw
Epioblasma (Dysnomia) torulosa
torulosa
mussel, tuberculed-blossom pearly.
tuberculed-blossom naiad
Epioblasma (Dysnomia) turgidula
mussel, turgid-blossom pearly.
turgid-blossom naiad
Epioblasma (Dysnomia) walkeri
mussel, brown-blossom. tan riffle
shell, brown-blossom naiad
Fusconaia cuneolus
mussel, fine-rayed pigtoe pearly.
fine-rayed pigtoe
Fusconaia edgariana
mussel, pearly. shiny pigtoe
Lampsilis higginsi
mussel, pearly. Higgin's eye
Lampsilis orbiculata orbiculata
mussel, pearly. pink mucket
Lampsilis satura
mussel. plain pocketbook
Lampsilis virescens
mussel, Alabama lamp pearly.
Alabama lamp naiad
Plethobasus cicatricosus
mussel, pearly. white wartyback
Plethobasus cooperianus
mussel. orange-footed pimpleback
Pleurobema plenum
mussel, pearly. rough pigtoe
Potamilus (Proptera) capax
mussel, pearly. fat pocketbook
Quadrula intermedia
mussel, Cumberland monkeyface.
Cumberland monkey face
Quadrula sparsa
mussel, Appalachian monkeyface
pearly. Appalachian monkey face
Toxolasma (Carunculina)
cylindrella
mussel, pale lilliput pearly. pale
lilliput naiad
Unio (Megalonaias) nickliniana
mussel, Nicklin's pearly
Unio (Lampsilis) tampicoensis
tecomatensis
mussel, Tampico pearly
Villosa (Micromya) trabalis
mussel, pearly Cumberland bean
Division 5-Class Pisces
Order Family Genus, species or sub-species
Common name
ACIPENSERI
FORMES
Acipenseridae
Acipenser brevirostrum
sturgeon, shortnose
CYPRINIFORMES
Catostomidae
Chasmistes cujus
cui-ui
Cyprinidae
Probarbus jullieni
ikan, temoleh. pla eesok (Thai), ikan
temelian (Malay)
OSTEOGLOSSI
FORMES
Osteoglossidae
Scleropages formosus
bonytongue, Asian or Asiatic. kelesa,
dragon fish, golden arowana
PERCIFORMES
Percichthyidae
Maccullochella macquariensis
cod, Trout
Macquaria australasica
perch, Macquarie
Percidae
Stizostedion vitreum glaucum
walleye, blue. blue pickerel, blue
pike
Sciaenidae
Cynoscion macdonaldi
weakfish, MacDonald. totoaba
SALMONIFORMES
Prototroctidae
Prototroctes maraena
grayling, Australian
Salmonidae
Coregonus alpenae
cisco, longjaw
SILURIFORMES
Schilbeidae
Pangasianodon gigas
catfish, giant
Division 6-Class Reptilia
Order Family Genus, species or sub-species
Common name
CROCODYLIA
Alligatoridae
Alligator sinensis
alligator, China or Chinese
Caiman crocodilus apaporiensis
caiman, Rio Apaporis (septacled) or
Apaporis River
Caiman latirostris
caiman, broad-nosed or
broad-snouted
Melanosuchus niger
caiman, black
Crocodylidae
Crocodylus acutus
crocodile, American
Crocodylus cataphractus
crocodile, African slender-snouted or
African sharp-nosed
Crocodylus intermedius
crocodile, Orinoco
Crocodylus moreletii
crocodile, Morelet's
Crocodylus niloticus
crocodile, Nile or African
Crocodylus novaeguineae mindorensis
crocodile, Mindoro or Philippine
Crocodylus palustris
crocodile, marsh or broad-snouted or
mugger
Crocodylus rhombifer
crocodile, Cuban
Crocodylus siamensis
crocodile, Siamese
Osteolaemus tetraspis
crocodile, (African) dwarf
Tomistoma schlegelii
gavial, false. tomistoma, (crocodile)
false gharial
Gavialidae
Gavialis gangeticus
gavial, (Indian). gharial
RHYNCHOCE-PHALIA
Sphenodontidae
sphenodon punctatus
Tuatara
SAURIA
Iguanidae
Brachylophus
iguanas, banded and Fiji crested
Cyclura
iguanas, West Indian rock or ground
Sauromalus varius
chuckwalla, San Esteban Island
Varanidae
Varanus bengalensis
monitor, Indian or Bengal
Varanus flavescens
monitor, yellow or ruddy snub-nosed.
yellow land or (Indian) oval-grain
lizard
Varanus griseus
monitor, grey or desert
Varanus komodoensis
monitor, Komodo (Island). ora.
Komodo dragon
SERPENTES
Boidae
Acrantophis
boas, Madagascar
Bolyeria
boas, Round Island
Casarea
boas, keel-scaled or Round Island
Epicrates inornatus
boa, Puerto-Rican or yellow tree.
culebra grande
Epicrates subflavus
boa, Jamaca(n)
Python molurus molurus
python, Indian (rock) or tiger
Sanzinia madagascariensis
boa, Madagascar tree. sanzinia
SQUAMATA
Elapidae
Hoplocephalus bungaroides
snake, broad-headed
Neelaps calonotus
snake, black-striped
Pygopodidae
Aprasia parapulchella
lizard, flap-footed
Ophidiocephalus taeniatus
lizard, bronzebacked legless
Scincidae
Ctenotus lancelini
skink, Lancelin Island striped
Lerista lineata
skink, lined burrowing
Pseudemoia palfreymani
skink, Pedra Branca
TESTUDINATA
Chelidae
Pseudemydura umbrina
turtle, short-necked (swamp) or
(western) swamp
Cheloniidae
(All species of Cheloniidae)
turtles, (true) sea
Dermochelyidae
Dermochelys coriacea
turtle, leathery or leather-backed or
luth
Emydidae
Batagur baska
terrapin, river. tuntong, common
batagur
Geoclemys (Damonia) hamiltonii
turtle, black pond or spotted pond.
Hamilton's terrapin
Geoemyda (Nicoria) tricarinata
turtle, three-keeled or Asian
three-keeled. Bengal three-keeled
land terrapin or three-keeled. land
tortoise
Kachuga tecta tecta
turtle, Indian tent or Indian roof(ed)
or Indian sawback or dura
Morenia ocellata
turtle, Burmese swamp or Burmese
peacock. Bengal eyed terrapin
Terrapene coahuila
turtle, Aquatic box. water box.
coahuila
Testudinidae
Geochelone (Testudo)
elephantopus
tortoise, Galapagos giant
Geochelone (Testudo) radiata
tortoise, (Madagascar) radiated
Geochelone (Testudo)
yniphora
tortoise, Madagascar or angulated.
angonoka
Gopherus flavomarginatus
tortoise, Bolson or Mexican giant
gopher
Psammobates (Testudo)
geometricus
tortoise, geometric
Trionychidae
Lissemys punctata punctata
turtle, Indian flap-shell(ed) or
flap-shell(ed) spotted
Trionyx ater
turtle, black soft-shell(ed) or black
mud or Cuatro Cienagas
soft-shell(ed)
Trionyx gangeticus
turtle, Ganges soft-shell(ed) or
Indian soft-shell(ed)
Trionyx hurum
turtle, peacock-marked soft
shell(ed) or brown soft-shell(ed)
or peacock soft-shell(ed)
Trionyx nigricans
turtle, dark-coloured soft-shell(ed)
or sacred black mud
PART III-POPULATIONS OF ANIMALS
Population of animals of the species Falco rusticolus (gyrfalcon) in
Greenland or in areas outside North America
Population of animals of the species Moschus moschiferus in the
Himalayas
Population of animals of the species Canis lupus (wolf) in Bhutan,
India, Nepal or Pakistan
Population of animals of the species Felis caracal (lynx, desert.
caracal) in Asia
Population of animals of the species Felis rubiginosa (cat, rusty
spotted) in India
Population of animals of the species Ursus arctos (bear, brown or
grizzly) in Italy
Population of animals of the genus Chinchilla in South America
Population of animals of the species Dugong dugon in areas outside
Australia
Population of animals of the species Crocodylus porosus in areas
outside Papua New Guinea
PART IV-PLANTS
Family Genus, species or sub-species
Common name
Apocynaceae
Pachypodium namaquanum
Araceae
Alocasia sanderana
Alocasia zebrina
Cactaceae
Ariocarpus agavoides
cactus, living rock
Ariocarpus scapharostrus
cactus, living rock
Aztekium ritteri
cactus, aztec
Echinocereus lindsayi
cactus, Lindsay's
Obregonia denegrii
peyote or cactus, artichoke
Pelecyphora aselliformis
cactus, hatchet
Pelecyphora strobiliformis
cactus, pine cone
Caryocaraceae
Caryocar costaricense
Caryophyllaceae
Gymnocarpos przewalskii
Melandrium mongolicus
Silene mongolica
Stellaria pulvinata
Cupressaceae
Fitzroya cupressoides
larch, Chilean false. alerce
Pilgerodendron uviferum
Cycadaceae
Microcycas calocoma
Gentianaceae
Prepusa hookeriana
prepusa, scarlet flowered or white flowered
Humiriaceae
Vantanea barbourii
chiricana, ira
Juglandaceae
Engelhardtia pterocarpa
Leguminosae
Ammopiptanthus mongolicum
Cynometra hemitomophylla
Platymiscium pleiostachyum
macawood, quira
Tachigalia versicolor
Liliaceae
Aloe albida
Aloe pillansii
Aloe polyphylla
aloe, apiral
Aloe thorncropftii
Aloe vossii
Melastomataceae
Lavoisiera itambana
Meliaceae
Guarea longipetiola
musk-wood
Moraceae
Batocarpus costaricensis
Nepenthaceae
Nepenthes rajah
pitcher-plant, giant tropical
Orchidaceae
Cattleya skinneri
cattleya, skinner's. white nun
Cattleya trianae
orchid, Charistmas. winter cattleya
Didiciea cunninghamii
Laelia jongheana
Laelia lobata
Peristeria elata
orchid, dove or holy ghost. dove or holy ghost
flower
Renanthera imschootiana
vanda, red
Vanda coerulea
vanda, blue
Pinaceae
Abies guatemalensis
fir, guatemalan. pinabete
Abies nebrodensis
Podocarpaceae
Podocarpus costalis
Podocarpus parlatorei
podocarp, Parlatore's
Proteaceae
Orothamnus zeyheri
marsh-rose
Protea odorata
Rubiaceae
Balmea stormae
ayugue
Sarraceniaceae
Sarracenia alabamensis alabamensis
pitcher-plant, Alabama canebrake
Sarracenia jonesii
pitcher-plant, Jones' or mountain sweet
Sarracenia oreophila
pitcher-plant, green head, Hottentot's
Saxifragaceae (Grossulariaceae)
Ribes sardoum
Stangeriaceae
Stageria eriopus
Ulmaceae
Celtis aetnensis
nettle-tree
Welwitschiaceae
Welwitschia bainesii
Zamiaceae
Encephalartos
trees, bread. bread-palms
Zingiberaceae
Hedychium philippinense
garland-flower, Philippine
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SCHEDULE 2
SCH
SCHEDULE 2 Sections 21, 22, 29 and 37
SPECIMENS THE EXPORT OR IMPORT OF WHICH, OTHERWISE THAN IN
ACCORDANCE WITH A PERMIT OR AN AUTHORITY, IS PROHIBITED, AND
IN RELATION TO WHICH SECTIONS 29 AND 37 APPLY
PART I-SPECIMENS
A specimen that is, or is derived from, an animal of a genus,
species or sub-species specified, or described, in Part II
A specimen that is, or is derived from, an animal that is, or has
been, part of a population specified in Part III
A specimen, other than a seed or spore, that is, or is derived from,
a plant of a genus, species or sub-species specified, or described, in
Part IV
A specimen, other than a seed or spore, that is, or is derived from,
a plant that is, or has been, part of the population of plants of the
family Chloanthaceae in Australia
A plant (whether alive or dead), and timber from a plant, that is,
or has been, part of the population of plants of the species Araucaria
araucana outside Chile
A plant (whether alive or dead), and the roots of a plant, of the
species Panax quinquefolius
A plant (whether alive or dead), and the roots of a plant, of the
species Saussurea lappa
A plant (whether alive or dead), and the trunk of a plant, of any
species of the family Cyatheaceae
A plant (whether alive or dead), and the trunk of a plant, of any
species of the family Dicksoniaceae
A plant (whether alive or dead), and the roots of a plant, of the
species Dioscorea deltoidea
A plant (whether alive or dead), and timber from a plant, of the
species Quercus copeyensis
A plant (whether alive or dead), and timber from a plant, of the
species Swietenia humilis
A plant (whether alive or dead), and timber from a plant, of the
species Basiloxylon excelsum
A plant (whether alive or dead), and timber from a plant, of the
species Guaiacum sanctum
PART II-ANIMALS
Division 1-Class Amphibia
Order Family Genus, species or sub-species
Common name
URODELA
Ambystomidae
Ambystoma dumerilii
salamander, Lake Patzcuaro.
achoque
Ambystoma lermaensis
salamander, Lake Lerma
Ambystoma mexicanum
salamander. axolotl
Bufonidae
Bufo retiformis
toad, sonoran green
Division 2-Class Anthozoa
Order Family Genus, species or sub-species
Common name
ANTIPATHARIA
(All species of ANTIPATHARIA)
corals, black. antipatharians
Division 3-Class Aves
Order Family Genus, species or sub-species
Common name
ANSERIFORMES
Anatidae
Anas aucklandica aucklandica
teal, Auckland Island flightless
Anas aucklandica chlorotis
teal, New Zealand brown
Anas bernieri
teal, Madagascar
Anser albifrons gambelli
goose, tule white-fronted
Branta ruficollis
goose, red-breasted
Coscoroba coscoroba
coscoroba (swan)
Cygnus bewickii jankowskii
swan, Jankowski's or eastern
Bewick's
Cygnus melanocoryphus
swan, black-necked
Dendrocygna arborea
duck, Cuban tree or black-billed
whistling
Sarkidiornis melanotos
duck, comb or knob-billed
CHARADRIIFORMES
Laridae
Larus brunnicephalus
gull, brown-headed or Indian
black-headed
Scolopacidae Numenius minutus
curlew, little or Siberian baby or
pigmy
Numenius tenuirostris
curlew, slender-billed or long-billed
CICONIIFORMES
Ciconiidae
Ciconia nigra
stork, black
Phoenicopteridae
Phoenicoparrus andinus
flamingo, Andean
Phoenicoparrus jamesi
flamingo, James'
Phoenicopterus chilensis
flamingo, Chilean
Phoenicopterus ruber ruber
flamingo, Caribbean or American or
Cuban or rosy or West Indian
Threskiornithidae
Geronticus calvus
ibis, (southern) bald
Platalea leucorodia
spoonbill, white or Eurasian
COLUMBIFORMES
Columbidae
Gallicolumba luzonica
dove, bleeding heart. bleeding heart
pigeon
Goura cristata
pigeon, common crowned or blue
crowned. great goura
Goura scheepmakeri
pigeon, Scheepmarker's crowned or
maroon-breasted crowned.
masked goura
Goura victoria
pigeon, victoria crowned. Victoria
goura
CORACIIFORMES
Bucerotidae
Aceros narcondami
hornbill, Narcondam
(Sub-species of Buceros bicornis,
other than Buceros bicornis homrai)
hornbill, great Indian or great pied
Buceros hydrocorax hydrocorax
hornbill, Philippine or Luzon rufus
Buceros rhinoceros rhinoceros
hornbill, Malayan rhinoceros
CUCULIFORMES
Musophagidae
Tauraco (Gallirex) porphyreolophus
turaco, purple-crested or
violet-crested
Tauraco corythaix
turaco, knysna or helmeted
FALCONIFORMES
Accipitridae
(Species of Accipitridae, 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 Accipitridae a
sub-species of which is specified in Part II
of Schedule 1, other than sub-species so
specified)
Falconidae
(Species of Falconidae, other than-
(a) species specified in Part II of Schedule 1; and
(b) species a sub-species of which is specified in
Part II of Schedule 1)
(Sub-species of species of Falconidae a sub-species
of which is specified in Part II of Schedule 1,
other than sub-species so specified)
Pandionidae
(species of Pandionidae)
Sagittariidae
(species of Sagittariidae)
GALLIFORMES
Megapodiidae
Megapodius freycinet abbotti
fowl, Abbott's scrub. Abbott's
megapode
Megapodius freycinet nicobariensis
fowl, Nicobar scrub. Nicobar
megapode
Phasianidae
Argusianus argus
pheasant, great argus
Cyrtonyx montezumae
montezumae
quail, Massena harlequin or
Montezuma
Francolinus ochropectus
francolin, Tadjoura or pale-bellied
Francolinus swierstrai
francolin, Swierstra's
Gallus sonneratii
fowl, Sonnerat's jungle or grey jungle
Ithaginis cruentus
pheasant, blood
Pavo muticus
peafowl, Green
Polyplectron bicalcaratum
pheasant, grey peacock or common
peacock or Burmese peacock
Polyplectron germaini
pheasant, Germain's peacock
Polyplectron malacense
pheasant, Malay (sian) peacock
Tetrao (Lyrurus) mlokosiewiczi
grouse, Caucasian black. Caucasian
blackcock
GRUIFORMES
Gruidae
Balearica regulorum
crane, South African crowned
Grus canadensis pratensis
crane, Florida sandhill
Otididae
Otis tarda
bustard, great
Rallidae
Gallirallus australis hectori
rail, eastern weka or New Zealand
wood
Turnicidae
Turnix melanogaster
button-quail, black breasted
PASSERIFORMES
Cotingidae
Rupicola peruviana
cock-of-the-rock, Andean or red or
scarlet or Peruvian
Rupicola rupicola
cock-of-the-rock, Guianan or orange
or smaller or common
Estrildidae
Emblema oculata
finch, red-eared firetail
Poephila cincta cincta
finch, black-throated
Fringillidae
Carduelis (spinus) yarrellii
siskin, yellow-faced
Hirundinidae
Pseudochelidon sirintarae
martin, white-eyed river
Muscicapidae
Niltava (Muscicapa) ruecki
flycatcher, Rueck's blue
Paradisaeidae
(all species of Paradisaeidae)
birds of paradise
Pittidae
Pitta brachyura nympha
pitta, Japanese fairy or blue-winged
PELECANIFORMES
Pelicanidae
Pelecanus crispus
pelican, Dalmation
PICIFORMES
Picidae
Picus squamatus flavirostris
woodpecker, western scaly or
western scaly-bellied green
PSITTACIFORMES
(Species of 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 albescens
rhea, Argentine (greater) or
Argentine (common)
SPHENISCIFORMES
Spheniscidae
Spheniscus demersus
penguin, black-footed or jackass
STRIGIFORMES
(Species of 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
tinamou, Bolivian rufous or Bolivian
red-winged
Rhynchotus rufescens pallescens
tinamou, Argentine rufous or
Argentine red-winged
Rhynchotus rufescens rufescens
tinamou, Brazilian rufous or
Brazilian red-winged
Division 4-Class Insecta
Order Family Genus, species or sub-species
Common name
LEPIDOPTERA
Papilionidae
Ornithoptera (sensu D'Abrera)
butterflies, birdwing
Parnassius apollo
butterfly, apollo. mountain apollo
Trogonoptera (sensu D'Abrera)
butterflies, birdwing
Troides (sensu D'Abrera)
butterflies, birdwing
Division 5-Class Mammalia
Order Family Genus, species or sub-species
Common name
ARTIODACTYLA
Antilocapridae
Antliocapra americana mexicana
pronghorn, Mexican
Bovidae
Addax nasomaculatus
addax
(Sub-species of Capra falconeri not specified
in Part II of Schedule 1)
markhor
Cephalophus monticola
duiker, blue (antelope)
Damaliscus dorcas dorcas
bontebok (antelope)
Hippotragus equinus
antelope, roan
Kobus leche
lechwe (antelope)
Oryx dammah (tao)
oryx, scimitar-horned or white
(Sub-species of Ovis ammon not specified in
Part II of Schedule 1)
sheep, Marco Polo. argali
Ovis canadensis
sheep, bighorn or mountain
Camelidae
Lama guanicoe
guanaco
Cervidae
Cervus elaphus bactrianus
deer, Bactrian (red) or Bokharan.
Bactrian wapiti
(Species of Moschus, other than-
(a) species specified in Part II or Part III of
Schedule 1; and
(b) species a sub-species of which is specified
in Part II of Schedule 1)
Pudu mephistophiles
pudu, northern
Hippopotamidae
Choeropsis liberiensis
hippopotamus pygmy
CARNIVORA
Canidae
Chrysocyon brachyurus
wolf, maned
Cuon alpinus
dog, Asiatic wild or Indian wild.
dhole
Dusicyon culpaeus
fox, Colpeo or red or culpeo
Dusicyon fulvipes
fox, Chiloe
Dusicyon griseus
fox, Argentine grey or little or chico
grey. chilla
Vulpes cana
fox, Blanford's or Afghan or dog or
steppe. corsac
Felidae
(Species of Felidae other than-
(a) species specified in Part II or Part III of
Schedule 1;
(b) species a sub-species of which is specified
in Part II of Schedule 1;
(c) Panthera tigris; and
(d) Felis catus
(Sub-species of species of Felidae a sub-species
of which is specified in Part II of Schedule 1,
other than sub-species so specified)
(Panthera tigris altaica (also known as Panthera
tigris amurensis))
Mustelidae
Conepatus humboldti
skunk, Patagonian
(Species of sub-family Lutrinae not specified
in Part II of Schedule 1)
otters
Procyonidae
Ailurus fulgens
panda, lesser or red. red cat-bear
Ursidae
Ursus (Thalarctos) maritimus
bear, Polar
Viverridae
Cryptoprocta ferox
fossa (cat)
Cynogale bennetti
otter, civet
Eupleres goudotii
mongoose, Malagasy or small-toothed.
mongoose slender fanalouc
Eupleres major
mongoose, great falanouc or great
Malagasy or great small-toothed.
taller fanalouc
Fossa fossa
civet, Malagasy. fanaloka (civet)
Hemigalus derbyanus
civet, banded palm, Hardwick's civet
banded musang
EDENTATA
Bradypodidae
Bradypus boliviensis
sloth, Bolivian three-toed
Myrmecophagidae
Myrmecophaga tridactyla
anteater, giant
Tamandua tetradactyla chapadensis
anteater, mato gross collared. mato
grosso tamandua
INSECTIVORA
Erinaceidae
Erinaceus frontalis
hedgehog, cape or southern African
LAGOMORPHA
Leporidae
Nesolagus netscheri
rabbit, Sumatra (short-eared)
MARSUPIALIA
Burramyidae
Burramys parvus
possum, mountain pigmy-
Macropodidae
Dendrolagus bennettianus
kangaroo, Bennett's tree-
Dendrolagus inustus
kangaroo, grizzled grey tree-
Dendrolagus lumholtzi
kangaroo, Lumholtz's tree-
Dendrolagus ursinus
kangaroo, black tree-
Phalangeridae
Phalanger maculatus
cuscus, common spotted
Phalanger orientalis
cuscus, grey
MONOTREMATA
Tachyglossidae
(Species of Zaglossus indigenous to Papua New
Guinea or Indonesia)
echidnas, New Guinea long-nosed or
long snouted or anteaters, New
Guinea long-nosed spiny or New
Guinea egg-laying
PERISSODACTYLA
Equidae
(Sub-species of Equus hemionus not specified in
Part II of Schedule 1)
Equus zebra hartmannae
zebra, Hartmann's mountain
Tapiridae
Tapirus terrestris
tapir, Brazilian or South American
PHOLIDOTA
Manidae
Manis crassicaudata
pangolin, Indian
Manis javanica
pangolin, Malayan
Manis pentadactyla
pangolin, Chinese
PINNIPEDIA
Otariidae
(Species of Arctocephalus not specified in Part II
of Schedule 1)
Phocidae
Mirounga angustirostris
seal, northern elephant
Mirounga leonina
seal, southern elephant or South
Atlantic elephant
PRIMATES
(Species of Primates, other than-
(a) species specified in Part II of Schedule 1; and
(b) species a sub-species of which is specified in
Part II of Schedule 1)
(Sub-species of species of Primates a sub-species
of which is specified in Part II of Schedule 1,
other than sub-species so specified)
PROBOSCIDEA
Elephantidae
Loxodonta africana
elephant, African
RODENTIA
Heteromyidae
Dipodomys phillipsii phillipsii
rat, Phillip's kangaroo
Muridae
Notomys
mice, Australian hopping-
Pseudomys shortridgei
mouse, heath or Shortridge's (false)
or Shortridge's native. blunt-faced
rat
Sciuridae
Lariscus hosei
squirrel, four striped ground
Ratufa
squirrels, giant
SIRENIA
Trichechidae
Trichechus senegalensis
manatee, West African
TUBULIDENTATA
Orycteropodidae
Orycteropus afer
aardvark or ant bear
Division 6-Class Mollusca
Order Family Genus, species or sub-species
Common name
ANISOMYARIA
Mytilidae
Mytilus chorus
NAIADOIDA
Unionidae
Cyprogenia aberti
mussel, edible pearly. the edible
naiad
Epioblasma (Dysnomia) torulosa rangiana
mussel. tan-blossomed pearly.
tan-blossom naiad
Fusconaia subrotunda
mussel, long solid. long solid naiad
Lampsilis brevicula
mussel, Ozark lamp pearly. Ozark
lamp naiad
Lexingtonia dolabelloides
mussel. slab sided naiad
Pleurobema clava
mussel, club pearly. club naiad
PROSO-BRANCHIA
Hydrobiidae
Coahuilix hubbsi
snail, Coahuiliz de Hubbs
Cochliopina milleri
snail, Miller's
Durangonella coahuilae
snail, Durangonellode Coahuila
Mexipyrgus carranzae
snail, Mexipyrgus de Carranza
Mexipyrgus churinceanus
snail, Mexipyrgus de Churince
Mexipyrgus escobedae
snail, Mexipyrgus de Escobeda
Mexipyrgus lugoi
snail, Mexipyrgus de Lugo
Mexipyrgus mojarralis
snail, Mexipyrgus de West el
Mojarral
Mexipyrgus multilineatus
snail, Mexipyrgus de East el Mojarral
Mexithauma quadripaludium
snail, Mexithauma de Cienegas
Nymphophilus minckleyi
snail, Numphophilus de Minckley
Paludiscala caramba
snail, Paludiscala de Oro
STYLOMMA-TOPHORA
Camaenidae
Papustyla (Papuina) pulcherrima
snail, green tree or emerald green or
Manus Island tree
Paryphantidae
(Species of Paryphanta indigenous to
New Zealand)
snails, New Zealand amber
Division 7-Class Pisces
Order Family Genus, species or sub-species
Common name
ACIPENSERI-FORMES
Acipenseridae
Acipenser fulvescens
sturgeon, lake
Acipenser oxyrhynchus
sturgeon, Atlantic
Acipenser sturio
sturgeon, common or Baltic
ATHERINI
FORMES
Cyprinodontidae
Cynolebias constanciae
pearlfish. annual tropical killifish
Cynolebias marmoratus
pearlfish, ginger. annual tropical
killifish
Cynolebias minimus
pearlfish, minute. annual tropical
killifish
Cynolebias opalescens
pearlfish, opalescent. annual tropical
killifish
Cynolebias splendens
pearlfish, splendid. annual tropical
killifish
Poeciliidae
Xiphophorus couchianus
platyfish, monterrey
CERATODI-FORMES
Ceratodidae
Neoceratodus forsteri
lungfish, Australian or Queensland.
ceratodus
COELACANTHI-FORMES
Coelacanthidae
Latimeria chalumnae
coelacanth
CYPRINI-FORMES
Cyprinidae
Caecobarbus geertsi
fish, African blind barb. Congo
blinds bard
Plagopterus argentissimus
woundfin
Ptychocheilus lucius
squawfish, Colorado River or
Colorado
OSTEOGLOSSI-FORMES
Osteoglossidae
Arapaima gigas
arapaima. pirarucu
SALMONI-FORMES
Salmonidae
Salmo chrysogaster
trout, Mexican golden
Stenodus leucichthys leucichthys
beloribitsa
Division 8-Class Reptilia
Order Family Genus, species or sub-species
Common name
CROCODYLIA
Alligatoridae
(Species of Alligatoridae, other than-
(a) species specified in Part II of Schedule 1; and
(b) species a sub-species of which is specified in
Part II of Schedule 1)
(Sub-species of species of Alligatoridae a
sub-species of which is specified in Part II of
Schedule 1, other than sub-species so specified)
Crocodylidae
(Species of Crocodylidae, other than-
(a) species specified in Part II or III of Schedule
1; and
(b) species a sub-species of which is specified in
Part II of Schedule 1)
(Sub-species of species of Crocodylidae a
sub-species of which is specified in Part II of
Schedule 1, other than sub-species so specified)
SAURIA
Agamidae
Uromastyx
lizards, spiny-tailed or dabb or palm.
mastigures. spiny-tailed agamids
Chamaeleonidae
Chamaeleo
chamaeleons
Cordylidae
Cordylus
lizards, girdled
Pseudocordylus
lizards, crag
Gekkonidae
Cyrtodactylus serpensinsula
gecko, Serpent Island
Phelsuma
geckos, day
Helodermatidae
Heloderma
lizards, poisonous or bearded gila
monster
Iguanidae
Amblyrhynchus cristatus
iguana, Galapagos marine
Conolophus
iguanas, (Galapagos) land. land
lizards
Iguana
iguanas, (common)
Phrynosoma coronatum blainvillei
lizard, San Diego horned or
Blainville horned
Pygopodidae
Paradelma orientalis
lizard, Queensland snake or
Queensland flap-footed
Teiidae
Cnemidophorus hyperythrus
whiptail, orange-throated (lizard).
orange-throated racerunner
Crocodilurus lacertinus
lizard, dragon. dragon lizardet
Dracaena guianensis
lizard, caiman or four-foot caiman.
armoured teyou croco-teju
Tupinambis
lizards, tegu
Varanidae
(Species of Varanus not specified
in Part II of Schedule 1)
SERPENTES
Boidae
(Species of Boidae, other than-
(a) species specified in Part II of Schedule 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
Cyclagras gigas
cobra, (South American) false or
South American water or beach.
surucucu
Elachistodon westermanni
snake, Indian egg-eating or
Westermann's Indian egg-eater
Pseudoboa cloelia
snake, mussurana musurana
Thamnophis elegans hammondi
snake, two-striped garter
TESTUDINATA
Dermatemydidae
Dermatemys mawii
turtle, Central American river
Emydidae
Clemmys muhlenbergi
turtle, bog or Mulhenberg's
Pelomedusidae
Podocnemis
turtle, river or sideneck
Testudinidae
(Species of Testudidae not specified in Part II
of Schedule 1)
PART III-POPULATIONS OF ANIMALS
Population of animals of the sub-species Cyrtonyx montezumae mearnsi
outside the United States of America
Population of animals of the species Moschus moschiferus in areas
outside the Himalayas
Population of animals of the species Canis lupus outside Bhutan,
India, Nepal and Pakistan
Population of animals of the species Felis caracal in areas outside
Asia
Population of animals of the species Felis rubiginosa in areas
outside India
Population of animals of any sub-species of the species Ursus arctos
(other than sub-species specified in Schedule 1) in North America
Population of animals of the species Dugong dugon in Australia
PART IV-PLANTS
Family Genus, species or sub-species
Common name
Apocynaceae
(Species of Pachypodium not specified in Part IV of
Schedule 1)
trunks; elephant's. halfmen
Ascelpiadaceae
Ceropegia
Frerea indica
Byblidaceae
Byblis
byblis. rainbow plants
Cactaceae
(Species of Cactaceae indigenous to the Americas)
Rhipsalis
cacti; coral
Cephalotaceae
Cephalotus follicularis
pitcher-plant, Albany or Western Australian
Cycadaceae
(Species of Cycadaceae not specified in Part IV of
Schedule 1)
Didiereaceae
(All species of Didiereaceae)
Euphorbiaceae
(Species of Euphorbia that are not succulent)
Haemodoraceae
Anigozanthos
paws, kangaroo
Macropidia fuliginosa
paw, black kangaroo
Leguminosae
Thermopsis mongolica
Liliaceae
(Species of Aloe not specified in Part IV of Schedule 1)
Myrtaceae
Verticordia
featherflowers or cauliflowers
Orchidaceae
(Species of Orchidaceae, other than-
(a) species specified in Part IV of Schedule 1; and
(b) species a sub-species of which is specified in Part
IV of Schedule 1)
(Sub-species of species of Orchidaceae a sub-species
of which is specified in Part IV of Schedule 1, other
than sub-species so specified)
Palmae
Areca ipot
Chrysalidocarpus decipiens
palm, butterfly
Chrysalidocarpus lutescens
palm, Madagascar
Neodypsis decaryi
Phoenix hanceana var philippinensis
Zalacca clemensiana
Portulacaceae
Anacampseros
purselanes
Primulaceae
Cyclamen
cyclamens
Proteaceae
Banksia
banksias
Conospermum
smokebushes, conosperma
Dryandra formosa
dryandra, showy
Dryandra polycephala
dryandra, many-headed
Xylomelum
pears, woody or wooden
Rutaceae
Boronia
boronias
Crowea
croweas
Geleznowia verrucosa
Sarraceniaceae
Darlingtonia californica
pitcher-plant, California or western.
cobra lily
Solanaceae
Solanum sylvestre
Stangeriaceae
(Species of Stangeriaceae not specified in Part IV of
Schedule 1)
Thymelaeaceae
Pimelea physodes
bell, qualup, bluebeard, lignum-vitae,
holy wood, tree of life
Verbenaceae
Caryopteris mongolica
bluebeard
Welwitschiaceae
(Species of Welwitschiaceae not specified in Part IV
of Schedule 1)
Zamiaceae
(Species of Zamiaceae not specified in Part IV of
Schedule 1)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SCHEDULE 2A
SCH
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
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SCHEDULE 3
SCH
SCHEDULE 3 Sections 21, 22, 30 and 38
SPECIMENS THE EXPORT OR IMPORT OF WHICH, OTHERWISE THAN IN
ACCORDANCE WITH A PERMIT OR AN AUTHORITY, IS PROHIBITED,
AND IN RELATION TO WHICH SECTIONS 30 AND 38 APPLY
PART I-SPECIMENS
A specimen of a genus, species or sub-species specified, or
described, in Part II
PART II-ANIMALS
All species of the Order CETACEA (whales, dolphins and porpoises)
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 I-SPECIMENS
A specimen that is, or is derived from, a marine fish
A specimen that is, or is derived from, a fish of the species Lates
calcarifer (barramundi)
A specimen that is, or is derived from, an invertebrate of a genus,
species or sub-species specified in Part II
A seed or spore
Fruit (whether or not containing seeds or spores) not attached to
any part of a plant
Timber, bark and wood chips
An article derived from timber
Oil distilled or otherwise extracted from a plant of the genus
Eucalyptus
PART II
INVERTEBRATES
Phylum Class Order Family (common name)
Genus, species or sub-species
(common name)
MOLLUSCA
STREPTONEURA
(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 commercialis
(Sydney or N.S.W. rock oyster)
Crassostrea tuberculata
(Western Rock oyster)
Ostrea angasi (oyster)
(Mother-of-pearl shells)
Pinctada margaritifera
(blacklip mother-of-pearl)
Pinctada maxima (silverlip)
Pinctada sugillata
(mother-of-pearl)
Donacidae (pipis, cockles)
Plebidonax deltoides (pipi, surf
clam)
(All species of Katylesia)
(cockle)
CEPHALOPODA
Octopoda
(octopus)
Octopodidae
Octopus 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)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SCHEDULE 5
SCH
SCHEDULE 5 Section 22
LIVE ANIMALS AND LIVE PLANTS THE IMPORT OF WHICH IS NOT
PROHIBITED BY PARAGRAPH 22 (b) AND IN RELATION TO WHICH
SECTION 9 DOES NOT APPLY
PART I-LIVE SPECIMENS
A live animal of a genus, species or sub-species specified in Part
II.
A live mule.
A live hinny.
A live animal, or a live plant, that is a biological control agent
of a kind that was approved for general release under the Quarantine
Act 1908 before the commencement of this Act.
PART II-ANIMALS
Division 1-Class Aves
Order Family Genus, species or sub-species
Common name
ANSERIFORMES
Anatidae
Anas platyrhynchos
duck
Anseridae
Anser anser
goose
COLUMBIFORMES
Columbidae
Columba livia
pigeon
GALLIFORMES
Phasianidae
Corturnix corturnix
quail
Gallus gallus
fowl
Meleagris galloparo
turkey
Phasianus calchicus
pheasant
Division 2-Class Insecta
Order Family Genus, species or sub-species
Common name
HYMENOPTERA
Apidae
Apis mellifera mellifera
bee, apiary (honey)
Division 3-Class Mammalia
Order Family Genus, species or sub-species
Common name
ARTIODACTYLA
Bovidae
Bos taurus
cattle, domestic
Bos indicus
ox, indian
Capra hircus
goat, domestic
Ovis aries
sheep, domestic
Camelidae
Camelus dromedarius
camel
Suidae
Sus scrofa
pig, domestic
CARNIVORA
Canidae
Canis familiaris
dog, domestic
Felidae
Felis catus
cat, domestic
PERISSODACTYLA
Equidae
Equus asinus
donkey, (ass)
Equus caballus
horse, domestic
RODENTIA
Caviidae
Cavia porcellus
guinea pig, domestic
Muridae
Mus musculus
house mouse
Rattus rattus
Black rat
Rattus norvegicus
Brown rat
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 male fish of the species Macropodus opercularis
A live plant the introduction of which into Australia is in
accordance with the Quarantine Act 1908
PART II-FISH
Division 1-Freshwater Fish (Class Pisces)
Order Family Genus, species or sub-species
Common name
BELONIFORMES
Hemiramphidae
Dermogenys pusillus
beak, half
Dianema urostriata
catfish, stripe tailed
Epalzeorhynchus kallopterus
fox, flying
Epalzeorhynchus siamensis
fox, Siamese flying
Abramites microcephalus
headstander
CYPRINIFORMES
Anostomidae
Anostomus
headstander
Chilodus punctatus
headstander, spotted
Leporinus arcus
leporinus, lipstick
Leporinus fasciatus
leporinus, banded
Leporinus frederici
leporinus, frederici's
Leporinus maculatus
leporinus, spotted
Leporinus melanopleura
leporinus, spot tailed
Leporinus multifasciatus
leporinus, multi-banded
Leporinus striatus
leporinus, striped
Aphyocharacinae
Aphyocharax rubripinnis
tetra, blood fins
Callichthyidae
Corydoras
cat, armoured
Characidae
Cheirodon axelrodi
tetra, cardinal
Gymnocorymbus ternetzi
tetra, black widow
Hemigrammus
tetra
Hyphessobrycon
tetra
Moenkhausia
tetra
Paracheirodon (Hyphessobrycon)
innesi
tetra, neon
Pelvicachromis pulcher
kribensis
Pelvicachromis subocellatus
kribensis
Pelvicachromis taeniatus
kribensis
Petitella georgiae
nose, false rummy
Prionobrama filigera
bloodfin, glass
Pristella riddlei
pristella
Thayeria
tetra, hockeystick
Cichlidae
Julidochromis
cichlid, dwarf
Kryptopterus bicirrhis
catfish, glass
Kryptopterus macrocephalus
catfish, poormans glass
Cobitidae
Acanthophthalmus
loach, kuhlii
Botia macracantha
loach, clown
Botia sidthimunki
loach, dwarf
Misgurnus anguillicaudatus
loach, weather
Cyprinidae
Balantiocheilus melanopterus
shark, silver
Barbodes everetti
barb, clown
Barbodes fasciatus
barb, striped
Barbodes hexazona
barb, tiger
Barbodes lateristriga
barb, spanner
Barbodes pentazona
barb, banded
Brachydanio albolineatus
danio, pearl
Brachydanio frankei
danio, leopard
Brachydanio kerri
danio, kerr's
Brachydanio nigrofasciatus
danio, spotted
Brachydanio rerio
danio, zebra
Capoeta arulius
barb, longfin
Capoeta oligolepis
barb, checker
Capoeta partipentazona
barb, tiger
Capoeta semifasciolatus
barb, golden
Capoeta tetrazona
barb, tiger
Capoeta titteya
barb, cherry
Carassius auratus
goldfish
Danio malabaricus
danio, giant
Esomus danrica
barb, flying
Esomus goddardi
barb, flying
Esomus malayensis
barb, flying
Labeo bicolor
shark, redtail
Labeo erythrurus
shark, red fin
Labeo frenatus
shark, rainbow
Labeo variegatus
shark, variegated
Laubuca laubuca
fish, Indian hatchet
Morulius chrysophekadion
shark, black
Puntius asoka
barb, asoka
Puntius bimaculatus
barb, two spot
Puntius conchonius
barb, rosy
Puntius cumingi
barb, cummings
Puntius filamentosus
barb, black spot
Puntius nigrofasciatus
barb, ruby
Puntius stoliczkai
barb, Stoliczka's
Puntius ticto
barb, ticto
Puntius vittatus
barb, kooli
Rasbora argyrotaenia
rasbora, silver
Rasbora boraptensis
rasbora, red tail
Rasbora caudimaculata
rasbora, red tail
Rasbora dorsiocellata
rasbora, emerald eye
Rasbora dusonensis
rasbora, yellow tail
Rasbora einthoveni
rasbora, blue line
Rasbora elegans
rasbora, two spot
Rasbora hengelsii
rasbora, harlequin
Rasbora heteromorpha
rasbora, harlequin
Rasbora kalochroma
rasbora, clown
Rasbora leptosoma
rasbora, copper striped
Rasbora maculata
rasbora, dwarf spotted
Rasbora pauciperforata
rasbora, red line
Rasbora sarawakensis
rasbora, sarawak
Rasbora steineri
rasbora, gold line
Rasbora taeniata
rasbora, blue line
Rasbora trilineata
scissortail, black
Rasbora vaterifloris
rasbora, flame
Rhodeus amarus
bitterling
Rhodeus sericeus
bitterling
Tanichthys albonubes
white cloud
Cyprinodontidae
Aphyosemion
fish, killie
Aplocheilus
panchax
Oryzias javanicus
medaka, Java
Oryzias latipes
medaka
Osteochilus hasselti
barb, bony lipped
Osteochilus vittatus
barb, bony lipped
Gasteropelecidae
Carnegiella
fish, hatchet
Gasteropelecus
fish, hatchet
Thoracocharax
fish, hatchet
Gyrinocheilidae
Gyrinocheilus aymonieri
catfish, sucking-Asia
Hemiodontidae
Nannostomus
fish, pencil
Nematrobrycon
tetra, emperor
Poecilobrycon
fish, pencil
Homalopteridae
Homaloptera orthogoniata
fish, lizard-Indonesia
Hydrocynidae
Alestes longipinnis
tetra, African
Loricariidae
Farlowella acus
catfish, twig
Gastromyzon myersi
sucker, dwarf stone
Loricaria filamentosa
catfish, whiptail
Otocinclus arnoldi
catfish, sucker
Oxygaster oxygastroides
barb, glass
Mochokidae
Synodontis nigriventris
cat, upsidedown
Pimelodidae
Pimelodus ornatus
cat, pictus
Poeciliidae
Poecilia latipinna
mollie, sailfin
Poecilia reticulata
guppy
Poecilia sphenops
mollie, black
Poecilia velifera
mollie, sailfin
Xiphophorus helleri
swordtail
Xiphophorus maculatus
platy
Xiphophorus variatus
platy, variegated
Tetragon opterina
Anoptichthys jordani
fish, blind cave
MASTACEMBELI-FORMES
Mastacembelidae
Macrognathus
aculeatus
eel, spiny
MORMYRIFORMES
Mormyridae
Gnathonemus macrolepidotus
nose, elephant
Gnathonemus petersi
nose, elephant
MUGILIFORMES
Atherinidae
Telmatherina ladigesi
rainbow, celebes
Hydrocynidae
Micralestes (Phenacogrammus)
interruptus
tetra, congo
Melanotaeniidae
Melanotaenia (Nematocentrus)
fish, rainbow
OSTEOGLOSI-FORMES
Pantodontidae
Pantodon buchholzi
fish, butterfly
PERCIFORMES
Anabantidae
Betta
fish, fighting
Colisa chuna
gourami, honey dwarf
Colisa fasciata
gourami, giantdwarf
Colisa labiosa
gourami, thick-lipped
Colisa lalia
gourami, dwarf
Helostoma rudolfi
gourami, pink kissing
Helostoma temminckii
gourami, green kissing
Macropodus opercularis
fish, paradise
Megalamphodus megalopterus
tetra, black phantom
Megalamphodus sweglesi
tetra, red phantom
Sphaerichthys osphronemoides
gourami, chocolate
Trichogaster leeri
gourami, pearl
Trichogaster microlepis
gourami, moonbeam
Trichogaster trichopterus
gourami, blue or opaline or golden
Trichopsis (Ctenops) pumilus
gourami
Trichopsis (Ctenops) vittatus
gourami
Trinectes maculatus
flounder, freshwater
Tropheus duboisi
cichlid, dwarf Tanganyikan
Tropheus moorei
cichlid, dwarf Tanganyikan
Centropomidae
Chanda ranga
perchlet, glass
Cichlidae
Aequidens curviceps
curviceps
Aequidens maronii
keyhole
Aequidens pulcher
acara, blue
Apistogramma
cichlid, dwarf
Astronotus ocellatus
oscar
Geophagus jurupari
cichlid, earth eating
Nannacara anomala
acara, golden dwarf
Nannacara taenia
cichlid, dwarf lattice
Papiliochromis (Apistogramma)
ramirezzii
ram
Pterophyllum
fish, angel
Symphysodon
discus
Gobiidae
Brachygobius
fish, bumble bee
Monodactylidae
Monodactylus argenteus
mono
Monodactylus sebae
mono, African
Toxotidae
Toxotes jaculator
fish, archer
PLEURONECTI-FORMES
Soleidae
Achirus fasciatus
sole, freshwater
SILURIFORMES
Callichthyidae
Brochis coeruleus
catfish, blue
Division 2-Marine Fish (Class Pisces)
Order Family Genus, species or sub-species
Common name
Acanthuridae
Acanthurus achilles
surgeonfish
Acanthurus bleekeri
surgeon, striped
Acanthurus dussumieri
surgeonfish
Acanthurus glaucopareius
surgeonfish
Acanthurus guttatus
surgeon, mustard
Acanthurus leucosternon
surgeonfish, blue
Acanthurus lineatus
surgeon, clown
Acanthurus nigricauda
surgeonfish
Acanthurus olivaceus
surgeon, olive
Acanthurus pyroferus
surgeon, chocolate
Acanthurus sohal
surgeon, zebra
Acanthurus triostegus
surgeon, convict
Zebrasoma xanthurum
tang
Ctenochaetus strigosus
tang
Naso brevirostris
unicornfish
Naso lituratus
unicornfish
Paracanthurus hepatus
surgeon, blue
Zanclus cornutus
idol, moorish
Zebrasoma flavescens
tang
Zebrasoma scopas
tang
Zebrasoma veliferum
tang
Antennariidae
Antennarius bigibbus
frogfish, fishing
Antennarius chironectes
frogfish, fishing
Antennarius coccineus
frogfish, fishing
Antennarius hispidus
frogfish, fishing
Antennarius nummifer
frogfish, fishing
Antennarius phymatodes
frogfish, fishing
Antennarius striatus
frogfish, fishing
Histrio histrio
fish, sargassum
Apogonidae
Apogon coccineus
fish, red cardinal
Apogon exostigma
cardinalfish, one-lined
Apogon fasciatus
cardinalfish
Apogon fraenatus
cardinalfish
Apogon leptacanthus
cardinalfish
Apogon maculiferus
cardinalfish
Apogon novaeguineaa
cardinalfish
Apogon novemfasciatus
cardinalfish
Apogon quadrifasciatus
cardinalfish
Apogon sangiensis
cardinalfish
Apogon taeniopterus
cardinalfish
Cheilodipterus macrodon
cardinalfish
Sphaeramia orbicularis
cardinalfish
Balistidae
Abalistes stellaris
triggerfish, starry
Alutera scripta
trigger, scribbled
Balistapus undulatus
trigger, undulate
Balistes vetula
trigger, queen
Balistoides
conspicillum
trigger, clown
Balistoides viridescens
trigger, spotted
Cantherhines pardalis
filefish
Cantherhines pullus
filefish
Cantherhines sandwichiensis
trigger, sandwich
Melichthys indicus
trigger, brown
Melichthys vidua
trigger, pink-tail
Odonus niger
trigger, black
Oxymonacanthus longirostris
filefish, long-nose
Paraluteres prionurus
mimic, valentini
Pervagor melanocephalus
filefish
Pervagor spilosoma
filefish, fantail
Pervagor tomentosus
filefish, red-tail
Pseudobalistes fuscus
trigger
Rhinecanthus aculeatus
trigger
Rhinecanthus rectangulus
trigger
Rhinecanthus verrucosus
trigger
Sufflamen bursa
triggerfish
Xanthichthys mento
trigger, sargassum
Blenniidae
Ecsenius bicolor
blenny, bicolor
Ecsenius pulcher
blenny, rock
Meiacanthus atrodorsalis
blenny, forktail
Meiacanthus grammistes
blenny, striped
Meiacanthus kamohari
blenny, forktail
Meiacanthus mossambicus
blenny, sabre-toothed
Petroscirtes breviceps
blenny, sabre-toothed
Plagiotremus rhinorhynchus
blenny, sabre-toothed
Plagiotremus tapeinosoma
blenny, sabre-toothed
Stanulus seychellensis
blenny, mottled
Bothidae
Bothus mancus
flounder
Branchiostegidae
Malacanthus latovittatus
Callionymidae
Synchiropus splendidus
mandarinfish
Carangidae
Alectis ciliaris
pennantfish
Alectis indicus
mirrorfish
Gnathanodon speciosus
trevally, golden
Carapodidae
Carapus
pearlfish
Centriscidae
Aeoliscus strigatus
razor-fish. shrimpfish
Chaetodontidae
Chaetodon argentatus
butterfish, three band
Chaetodon auriga
butterfish, threadfin
Chaetodon baronessa
butterfish, baroness
Chaetodon bennetti
butterfish, Bennett's
Chaetodon citrinellus
butterfish, speckled
Chaetodon collare
butterfish, red-tailed
Chaetodon decussatus
butterfish, black-finned
Chaetodon ephippium
butterfish, saddled
Chaetodon falcula
butterfish, sickle
Chaetodon fremblii
butterfish, blue-striped
Chaetodon kleinii
butterfish, Klein's
Chaetodon leucopleura
butterfish, somali
Chaetodon lineolatus
butterfish, lined
Chaetodon lunula
butterfish, racoon
Chaetodon melannotus
butterfish, black-backed
Chaetodon mertensii
butterfish, Merten's
Chaetodon meyeri
butterfish, Meyer's
Chaetodon miliaris
butterfish, millet-seed
Chaetodon multicinctus
butterfish, pebbled
Chaetodon octofasciatus
butterfish, eight-banded
Chaetodon ornatissimus
butterfish, ornate
Chaetodon pelewensis
butterfish, dot-and-dash
Chaetodon plebeius
butterfish, blue-spot
Chaetodon punctatofasciatus
butterfish, spot-banded
Chaetodon quadrimaculatus
butterfish, four-spot
Chaetodon rafflesi
butterfish, latticed
Chaetodon reticulatus
butterfish, reticulated
Chaetodon semeion
butterfish, dotted
Chaetodon speculum
butterfish, oval-spot
Chaetodon tinkeri
butterfish, Tinker's
Chaetodon trifascialius
butterfish, chevroned
Chaetodon trifasciatus
butterfish, red-fin
Chaetodon unimaculatus
butterfish, teardrop
Chaetodon vagabundus
butterfish, vagabond
Chaetodon xanthurus
butterfish, chevron
Chelmon rostratus
coralfish, beaked
Coradion chrysozonus
coralfish, orange-banded
Forcipiger flavissimus
butterfish, long-nosed
Forcipiger longirostris
butterfish, long-nosed
Hemitaurichthys polylepis
butterfish, pyramid
Hemitaurichthys zoster
butterfish, pyramid
Heniochus acuminatus
bannerfish
Heniochus chrysostomus
bannerfish, pennant
Heniochus monoceros
bannerfish, masked
Heniochus singularius
bannerfish, singular
Heniochus varius
bannerfish, humphead
Parachaetodon ocellatus
coralfish, ocellate
Cirrhitidae
Cirrhitichthys aprinus
hawkfish, blotched
Cirrhitichthys oxycephalus
hawkfish
Cyprinocirrhites polyactis
hawkfish
Oxycirrhites typus
hawkfish, long-nose
Paracirrhites arcatus
hawkfish
Dactylopteridae
Dactyloptena macracanthus
gurnard, flying
Dasyatidae
Taeniura lymna
ray, blue-spotted
Diodontidae
Diodon holacanthus
fish, porcupine
Diodon hystrix
fish, porcupine
Echeneididae
Echeneis naucrates
suckerfish
Ephippidae
Drepane punctata
batfish, spotted
Platax batavianus
batfish
Platax orbicularis
batfish
Heterodontidae
Heterodontus japonicus
shark, Port Jackson
Holocentridae
Adioryx diadema
squirrelfish
Adioryx lacteoguttatus
squirrelfish
Adioryx microstomus
squirrelfish
Adioryx ruber
squirrelfish
Adioryx spinifer
squirrelfish
Adioryx tiere
squirrelfish
Adioryx xantherythrus
squirrelfish
Flammeo opercularis
squirrelfish
Flammeo sammara
squirrelfish
Holocentrus rufus
squirrelfish
Myripristis jacobus
soldierfish
Myripristis kuntee
soldierfish
Myripristis murdjan
soldierfish
Myripristis pralinius
soldierfish
Myripristis violaceus
soldierfish
Plectrypops lima
squirrelfish
Grammatidae
Gramma loreto
basslet
Grammistidae
Grammistes sexlineatus
soapfish
Haemulidae
Plectorhynchus albovittatus
sweetlips. grunt
Plectorhynchus chaetodonoides
sweetlips. grunt
Plectorhynchus goldmani
sweetlips. grunt
Plectorhynchus lineatus
sweetlips. grunt
Plectorhynchus orientalis
sweetlips. grunt
Platax pinnatus
batfish
Platax teira
batfish
Spilotichthys pictus
sweetlips
Gobiidae
(Oxudercidae)
Amblygobius phalaena
goby
Eleotriodes sexguttatus
gudgeon, blue-cheeked
Eleotriodes strigatus
gudgeon, golden-headed
Gobiodon citrinus
goby, lemon
Gobiodon histrio
goby, coral
Lythrypnus dalli
goby, catalina
Nemateleotris magnifica
gudgeon, fire
Oxyurichthys
goby
Ptereleotris microlepsis
gudgeon, blue
Ptereleotris tricolor
scissortail
Vanderhorstia ornatissima
goby
Zonogobious semidoliatus
goby, regal
Kuhliidae
Kuhlia taentura
perch, flagtail
Kyphosidae
(Scorpidae)
Microcanthus strigatus
stripey
Labridae
Anampses caeruleopunctatus
wrasse, chisel-tooth
Anampses chrysocephalus
wrasse, chisel-tooth
Anampses cuvier
wrasse, chisel-tooth
Anampses twistii
wrasse, chisel-tooth
Bodianus axillaris
pigfish
Bodianus bilunulatus
pigfish
Bodianus diana
pigfish
Bodianus mesothorax
pigfish
Cheilinus undulatus
wrasse, maori
Cheilio inermis
rainbowfish
Cirrhilabrus temminckii
rainbowfish, threadfin
Coris aygula
labrid, clown
Coris ballieui
malamalama
Coris flavovittata
hilu
Coris gaimard
wrasse, clown
Coris variegata
wrasse, variegated
Epibulus insidiator
telescopefish
Gomphosus varius
wrasse, club-nosed
Halichoeres biocellatus
wrasse, two-spot
Halichoeres centriquadrus
wrasse, four-spot
Halichoeres margaritaceus
wrasse, pearl-spot
Halichoeres nebulosus
wrasse, clouded
Halichoeres notopsis
wrasse, two-eyed
Hemigymnus fasciatus
wrasse, five-banded
Hemigymnus melapterus
wrasse, thick-lipped
Hemipteronotus pentadactylus
wrasse, keel-headed
Hemipteronotus taeniourus
wrasse, olive-scribbled
Labrichthys unilineatus
wrasse
Labroides dimidiatus
wrasse, cleaner. bridled beauty
Labroides rubrolabiatus
wrasse, red-lipped
Lienardella fasciata
wrasse, harlequin
Macropharyngodon (pardalis)
meleagris
wrasse, reticulated
Pseudocheilinus evanidus
wrasse, scarlet
Pseudocheilinus hexataenia
wrasse, six-lined
Pseudocheilinus octotaenia
wrasse, eight-lined
Pseudocheilinus tetrataenia
wrasse, four-lined
Stethojulius bandanensis
rainbowfish
Stethojulius strigiventer
rainbowfish
Thalassoma amblycephalus
wrasse, rainbow
Thalassoma ballieui
wrasse, rainbow
Thalassoma lunare
wrasse, lyretail
Thalassoma lutescens
wrasse, rainbow
Wetmorella
wrasse, arrowhead
Lutjanidae
Lutjanus erythropterus
perch, malabar sea
Lutjanus fulvus
perch, sea
Lutjanus gibbus
paddle-tail
Lutjanus kasmira
perch, sea
Lutjanus sebae
emperor, red
Macolor niger
perch, sea
Symphorus nematophorus
chinaman-fish
Monocentrididae
Monocentrus japonicus
pineapplefish
Mugiloididae
Parapercis schauinslandi
grubfish
Mullidae
Mulloidichthys martinicus
goatfish
Parupeneus cyclostomus
goatfish
Parupeneus pleurostigma
goatfish
Upeneus vittatus
goatfish
Muraenidae
Echidna nebulosa
eel, starry
Echidna zebra
eel, zebra
Gymnothorax favagineus
eel, tesselated
Gymnothorax meleagris
eel, moray
Gymnothorax undulatus
eel, mottled reef
Rhinomuraena (amboinensis)
quaesita
eel, ribbon
Nemipteridae
Scolopsis bilineatus
bream, monocle
Ophidiidae
Dinematichthys
eels, cusk
Ostraciidae
Lactoria cornuta
cowfish, long-horn
Ostracion cubicus
boxfish, spotted
Ostracion meleagris
boxfish, spotted
Tetrasomus gibbosus
turretfish
Oxudercidae
Perciphthalmus papillo
mudskipper
Pempherididae
Pempheris oualensis
sweeper
Pholidichthyidae
Pholidichthys leucotaenia
worm, convict
Plesiopidae
Calloplesiops altivelis
comet
Plesiops caeruleolineatus
longfin
Plotosidae
Plotosus lineatus
eel, catfish
Pomacanthidae
Apolemichthys arcuatus
angelfish, black-banded
Apolemichthys trimaculatus
angelfish, three-spot
Centropyge argi
angelfish
Centropyge bicolor
angelfish, bicolor
Centropyge bispinosus
angelfish, two-spined
Centropyge eibli
angelfish, eibl's
Centropyge ferrugatus
angelfish, rusty
Centropyge fisheri
angelfish, Fisher's
Centropyge flavissimus
angelfish, lemon-peel
Centropyge heraldi
angelfish, Herald's
Centropyge loriculus
angelfish, flame
Centropyge nox
angelfish, midnight
Centropyge potteri
angelfish, russet
Centropyge tibicen
angelfish, keyhole
Centropyge vroliki
angelfish, pearl-scaled
Chaetodontoplus chrysocephalus
Chaetodontoplus melanosoma
angelfish, black-velvet
Chaetodontoplus mesoleucus
angelfish, vermiculated
Euxiphipops navarchus
angelfish, blue-girdled
Euxiphipops sexstriatus
angelfish, six-banded
Euxiphipops xanthometapon
angelfish, yellow-faced
Genicanthus lamarck
angelfish, lamarck's
Genicanthus melanospilos
angelfish, black-pot
Genicanthus semifasciatus
angelfish, half-banded
Pomacanthus annularis
angelfish, blue-ringed
Pomacanthus imperator
angelfish, emperor
Pomacanthus semicirculatus
angelfish, semi-circle
Pygoplites diacanthus
angelfish, regal
Pomacentridae
Abudefduf saxatilis
sergeant major
Abudefduf sexfasciatus
sergeant major
Abudefduf sordidus
sergeant major
Amblyglyphidodon curacao
demoiselle, staghorn
Amblyglyphidodon leucogaster
damsel, white-belly
Amphiprion chrysopterus
anemonefish, orange-fin
Amphiprion ephippium
anemonefish
Amphiprion percula
anemonefish, clown
Amphiprion perideraion
anemonefish, pink
Amphiprion polymnus
anemonefish, saddleback
Amphiprion rubrocinctus
anemonefish, red
Amphiprion sandaracinos
anemonefish, orange
Chromis caerulea
chromis, blue-green
Chromis margaritifer
chromis, bicolor
Dascyllus albisella
dascyllus, Hawaiian
Dascyllus aruanus
humbug
Dascyllus melanurus
footballer
Dascyllus reticulatus
dascyllus, reticulated
Dascyllus trimaculatus
dascyllus, three-spot
Eupomacentrus leucostictus
beau gregory
Glyphidodontops cyaneus
devil, blue
Glyphidodontops glaucus
demoiselle, grey
Glyphidodontops leucopomus
demoiselle, surge
Glyphidodontops rex
demoiselle, king
Paraglyphidodon nigroris
damsel, Behn's
Petroglyphidodon lacrymatus
damsel, jewel
Plectroglyphidodon leucozonus
damsel, white-band
Plectroglyphidodon phoenixensis
damsel, phoenix
Plectroglyphidon dickii
damsel, dick's
Pomacentrus amboinensis
damsel, ambon
Pomacentrus coelestis
damsel, neon
Pomacentrus melanochir
damsel
Pomacentrus vaiuli
damsel, princess
Premnas biaculeatus
anemonefish, spine-cheeked
Priacanthidae
Priacanthus cruentatus
bullseye
Pseudochromidae
Dampieria longipinnis
basslet
Pseudochromis paccagnellae
basslet
Pseudogrammatidae
Suttonia lineata
Scaridae
Bolbometopon (Scarus) bicolor
parrotfish
Scarus frenatus
parrotfish
Scarus ghobban
parrotfish
Scarus jonesi
parrotfish
Scarus psittacus
parrotfish
Scatophagidae
Scatophagus argus
scat, spotted
Scorpaenidae
(Synanceinae)
Amblyapistus taenianotus
scorpionfish
Dendrochirus brachypterus
cod, butterfly
Dendrochirus zebra
cod, butterfly
Inimicus didactylus
stinger
Paracentropogon longispinis
scorpionfish
Pterois antennata
cod, butterfly. firefish
Pterois radiata
cod, butterfly. firefish
Pterois sphex
cod, butterfly. firefish
Pterois volitans
cod, butterfly
Scorpaenodes parvipinnis
scorpionfish
Taenianatus triacanthus
fish, sailfin leaf
Serranidae
Anthias bimaculatus
perch, sea
Anthias hutchii
perch, sea
Anthias squamipinnis
perch, sea
Anyperodon leucogrammicus
cod, rock
Cephalopholis argus
cod, peacock rock
Cephalopholis aurantius
cod, orange rock
Cephalopholis boenack
cod, blue-lined rock
Cephalopholis miniatus
trout, coral
Cepholapholis urodelus
cod, flag-tailed rock
Cromileptes altivelis
cod, humped-back rock
Diploprion bifasciatum
perch, 2-banded
Epinephelus caeruleopunctatus
cod, blue-spotted rock
Epinephelus corallicola
cod, coral rock
Epinephelus flavocaeruleus
cod, purple rock
Epinephelus hexagonatus
cod, starry rock
Epinephelus merra
cod, honeycomb rock
Epinephelus tauvina
cod, greasy
Epinephelus truncatus
cod, rock
Mirolabrichthys dispar
perch, sea
Mirolabrichthys evansi
perch, sea
Mirolabrichthys tuka
perch, sea
Plectropomus maculatus
trout, coral
Promicrops lanceolatus
grouper. sea bass
Variola louti
cod, lunar-tailed
Siganidae
Lo vulpinus
rabbitfish
Siganus canaliculatus
rabbitfish
Siganus corallinus
rabbitfish
Siganus javus
rabbitfish
Siganus vermiculatus
rabbitfish
Siganus virgatus
rabbitfish
Syngnathidae
Dunckorocampus dactyliophorus
pipefish, banded
Hippocampus hudsonius
seahorse
Hippocampus kuda
seahorse, spotted
Synodontidae
Synodus
fish, lizard
Tetraodontidae
Arothron meleagris
puffer, white-spotted
Arothron nigropunctatus
puffer, black-spotted
Arothron reticularis
puffer, reticulated
Canthigaster bennetti
puffer, sharp-nose
Canthigaster coronata
puffer, sharp-nose
Canthigaster jactator
puffer, sharp-nose
Canthigaster solandri
puffer, sharp-nose
Canthigaster valentini
puffer, sharp-nose
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
Order Class Family Species
AVES
PSITTACIFORMES
Cacatuidae
Cacatua galerita
(cockatoo, sulphur-crested)
Cacatua roseicapilla
(galah)
Platycercidae
Melopsittacus undulatus
(budgerigar)
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SCHEDULE 8
SCH
SCHEDULE 8 Sub-section 4 (1)
(Definition of "Convention")
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
OF WILD FAUNA AND FLORA
PREAMBLE
The Contracting States,
Recognizing that the wild fauna and flora in their many beautiful
and varied forms are an irreplaceable part of the natural systems of
the earth which must be protected for this and the generations to
come;
Conscious of the ever-growing value of wild fauna and flora from
aesthetic, scientific, cultural, recreational and economic points of
view;
Recognizing that peoples and States are and should be the best
protectors of their own wild fauna and flora;
Recognizing, in addition, that international cooperation is
essential for the protection of certain species of wild fauna and
flora against over-exploitation through international trade;
Convinced of the urgency of taking appropriate measures to this end;
Have agreed as follows:
ARTICLE I
Definitions
For the purpose of the present Convention, unless the context
otherwise requires:
(a) "Species"means any species, subspecies, or geographically
separate population thereof;
(b) "Specimen"means:
(i) any animal or plant, whether alive or dead;
(ii) in the case of an animal: for species included in Appendices
I and II, any readily recognizable part or derivative thereof; and for
species included in Appendix III, any readily recognizable part or
derivative thereof specified in Appendix III in relation to the
species; and
(iii) in the case of a plant: for species included in Appendix I,
any readily recognizable part or derivative thereof; and for species
included in Appendices II and III, any readily recognizable part or
derivative thereof specified in Appendices II and III in relation to
the species;
(c) "Trade"means export, re-export, import and introduction from the
sea;
(d) "Re-export"means export of any specimen that has previously been
imported;
(e) "Introduction from the sea"means transportation into a State of
specimens of any species which were taken in the marine environment
not under the jurisdiction of any State;
(f) "Scientific Authority"means a national scientific authority
designated in accordance with Article IX;
(g) "Management Authority"means a national management authority
designated in accordance with Article IX;
(h) "Party"means a State for which the present Convention has
entered into force.
ARTICLE II
Fundamental Principles
1. Appendix I shall include all species threatened with extinction
which are or may be affected by trade. Trade in specimens of these
species must be subject to particularly strict regulation in order not
to endanger further their survival and must only be authorized in
exceptional circumstances.
2. Appendix II shall include:
(a) all species which although not necessarily now threatened with
extinction may become so unless trade in specimens of such species is
subject to strict regulation in order to avoid utilization
incompatible with their survival; and
(b) other species which must be subject to regulation in order that
trade in specimens of certain species referred to in sub-paragraph (a)
of this paragraph may be brought under effective control.
3. Appendix III shall include all species which any party identifies
as being subject to regulation within its jurisdiction for the purpose
of preventing or restricting exploitation, and as needing the
cooperation of other parties in the control of trade.
4. The Parties shall not allow trade in specimens of species
included in Appendices I, II and III except in accordance with the
provisions of the present Convention.
ARTICLE III
Regulation of Trade in Specimens of Species included in Appendix I
1. All trade in specimens of species included in Appendix I shall be
in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix I
shall require the prior grant and presentation of an export permit. An
export permit shall only be granted when the following conditions have
been met:
(a) a Scientific Authority of the State of export has advised that
such export will not be detrimental to the survival of that species;
(b) a Management Authority of the State of export is satisfied that
the specimen was not obtained in contravention of the laws of that
State for the protection of fauna and flora;
(c) a Management Authority of the State of export is satisfied that
any living specimen will be so prepared and shipped as to minimise the
risk of injury, damage to health or cruel treatment; and
(d) a Management Authority of the State of export is satisfied that
an import permit has been granted for the specimen.
3. The import of any specimen of a species included in Appendix I
shall require the prior grant and presentation of an import permit and
either an export permit or a re-export certificate. An import permit
shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of import has advised that
the import will be for purposes which are not detrimental to the
survival of the species involved;
(b) a Scientific Authority of the State of import is satisfied that
the proposed recipient of a living specimen is suitably equipped to
house and care for it; and
(c) a Management Authority of the State of import is satisfied that
the specimen is not to be used for primarily commercial purposes.
4. The re-export of any specimen of a species included in Appendix I
shall require the prior grant and presentation of a re-export
certificate. A re-export certificate shall only be granted when the
following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied
that the specimen was imported into that State in accordance with the
provisions of the present Convention;
(b) a Management Authority of the State of re-export is satisfied
that any living specimen will be so prepared and shipped as to
minimise the risk of injury, damage to health or cruel treatment; and
(c) a Management Authority of the State of re-export is satisfied
that an import permit has been granted for any living specimen.
5. The introduction from the sea of any specimen of a species
included in Appendix I shall require the prior grant of a certificate
from a Management Authority of the State of introduction. A
certificate shall only be granted when the following conditions have
been met:
(a) a Scientific Authority of the State of introduction advises that
the introduction will not be detrimental to the survival of the
species involved;
(b) a Management Authority of the State of introduction is satisfied
that the proposed recipient of a living specimen is suitably equipped
to house and care for it; and
(c) a Management Authority of the State of introduction is satisfied
that the specimen is not to be used for primarily commercial purposes.
ARTICLE IV
Regulation of Trade in Specimens of Species included in Appendix II
1. All trade in specimens of species included in Appendix II shall
be in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix II
shall require the prior grant and presentation of an export permit. An
export permit shall only be granted when the following conditions have
been met:
(a) a Scientific Authority of the State of export has advised that
such export will not be detrimental to the survival of that species;
(b) a Management Authority of the State of export is satisfied that
the specimen was not obtained in contravention of the laws of that
State for the protection of fauna and flora; and
(c) a Management Authority of the State of export is satisfied that
any living specimen will be so prepared and shipped as to minimise the
risk of injury, damage to health or cruel treatment.
3. A Scientific Authority in each Party shall monitor both the
export permits granted by that State for specimens of species included
in Appendix II and the actual exports of such specimens. Whenever a
Scientific Authority determines that the export of specimens of any
such species should be limited in order to maintain that species
throughout its range at a level consistent with its role in the
ecosystems in which it occurs and well above the level at which that
species might become eligible for inclusion in Appendix I, the
Scientific Authority shall advise the appropriate Management Authority
of suitable measures to be taken to limit the grant of export permits
for specimens of that species.
4. The import of any specimen of a species included in Appendix II
shall require the prior presentation of either an export permit or a
re-export certificate.
5. The re-export of any specimen of a species included in Appendix
II shall require the prior grant and presentation of a re-export
certificate. A re-export certificate shall only be granted when the
following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied
that the specimen was imported into that State in accordance with the
provisions of the present Convention; and
(b) a Management Authority of the State of re-export is satisfied
that any living specimen will be so prepared and shipped as to
minimise the risk of injury, damage to health or cruel treatment.
6. The introduction from the sea of any specimen of a species
included in Appendix II shall require the prior grant of a certificate
from a Management Authority of the State of introduction. A
certificate shall only be granted when the following conditions have
been met:
(a) a Scientific Authority of the State of introduction advises that
the introduction will not be detrimental to the survival of the
species involved; and
(b) a Management Authority of the State of introduction is satisfied
that any living specimen will be so handled as to minimise the risk of
injury, damage to health or cruel treatment.
7. Certificates referred to in paragraph 6 of this Article may be
granted on the advice of a Scientific Authority, in consultation with
other national scientific authorities or, when appropriate,
international scientific authorities, in respect of periods not
exceeding one year for total numbers of specimens to be introduced in
such periods.
ARTICLE V
Regulation of Trade in Specimens of Species included in Appendix III
1. All trade in specimens of species included in Appendix III shall
be in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix III
from any State which has included that species in Appendix III shall
require the prior grant and presentation of an export permit. An
export permit shall only be granted when the following conditions have
been met:
(a) a Management Authority of the State of export is satisfied that
the specimen was not obtained in contravention of the laws of that
State for the protection of fauna and flora; and
(b) a Management Authority of the state of export is satisfied that
any living specimen will be so prepared and shipped as to minimise the
risk of injury, damage to health or cruel treatment.
3. The import of any specimen of a species included in Appendix III
shall require, except in circumstances to which paragraph 4 of this
Article applies, the prior presentation of a certificate of origin
and, where the import is from a State which has included that species
in Appendix III, an export permit.
4. In the case of re-export, a certificate granted by the Management
Authority of the State of re-export that the specimen was processed in
that State or is being re-exported shall be accepted by the State of
import as evidence that the provisions of the present Convention have
been complied with in respect of the specimen concerned.
ARTICLE VI
Permits and Certificates
1. Permits and certificates granted under the provisions of Articles
III, IV and V shall be in accordance with the provisions of this
Article.
2. An export permit shall contain the information specified in the
model set forth in Appendix IV, and may only be used for export within
a period of six months from the date on which it was granted.
3. Each permit or certificate shall contain the title of the present
Convention, the name and any identifying stamp of the Management
Authority granting it and a control number assigned by the Management
Authority.
4. Any copies of a permit or certificate issued by a Management
Authority shall be clearly marked as copies only and no such copy may
be used in place of the original, except to the extent endorsed
thereon.
5. A separate permit or certificate shall be required for each
consignment of specimens.
6. A Management Authority of the State of import of any specimen
shall cancel and retain the export permit or re-export certificate and
any corresponding import permit presented in respect of the import of
that specimen.
7. Where appropriate and feasible a Management Authority may affix a
mark upon any specimen to assist in identifying the specimen. For
these purposes "mark"means any indelible imprint, lead seal or other
suitable means of identifying a specimen, designed in such a way as to
render its imitation by unauthorized persons as difficult as possible.
ARTICLE VII
Exemptions and Other Special Provisions Relating to Trade
1. The provisions of Articles III, IV and V shall not apply to the
transit or trans-shipment of specimens through or in the territory of
a Party while the specimens remain in Customs control.
2. Where a Management Authority of the State of export or re-export
is satisfied that a specimen was acquired before the provisions of the
present Convention applied to that specimen, the provisions of
Articles III, IV and V shall not apply to that specimen where the
Management Authority issues a certificate to that effect.
3. The provisions of Articles III, IV and V shall not apply to
specimens that are personal or household effects. This exemption shall
not apply where:
(a) in the case of specimens of a species included in Appendix I,
they were acquired by the owner outside his State of usual residence,
and are being imported into that State; or
(b) in the case of specimens of species included in Appendix II:
(i) they were acquired by the owner outside his State of usual
residence and in a State where removal from the wild occurred:
(ii) they are being imported into the owner's State of usual
residence; and
(iii) the State where removal from the wild occurred requires the
prior grant of export permits before any export of such specimens;
unless a Management Authority is satisfied that the specimens were
acquired before the provisions of the present Convention applied to
such specimens.
4. Specimens of an animal species included in Appendix I bred in
captivity for commercial purposes, or of a plant species included in
Appendix I artificially propagated for commercial purposes, shall be
deemed to be specimens of species included in Appendix II.
5. Where a Management Authority of the State of export is satisfied
that any specimen of an animal species was bred in captivity or any
specimen of a plant species was artificially propagated, or is a part
of such an animal or plant or was derived therefrom, a certificate by
that Management Authority to that effect shall be accepted in lieu of
any of the permits or certificates required under the provisions of
Articles III, IV or V.
6. The provisions of Articles III, IV and V shall not apply to the
non-commercial loan, donation or exchange between scientists or
scientific institutions registered by a Management Authority of their
State, of herbarium specimens, other preserved, dried or embedded
museum specimens, and live plant material which carry a label issued
or approved by a Management Authority.
7. A Management Authority of any State may waive the requirements of
Articles III, IV and V and allow the movement without permits or
certificates of specimens which form part of a travelling zoo, circus,
menagerie, plant exhibition or other travelling exhibition provided
that:
(a) the exporter or importer registers full details of such
specimens with that Management Authority;
(b) the specimens are in either of the categories specified in
paragraphs 2 or 5 of this Article; and
(c) the Management Authority is satisfied that any living specimen
will be so transported and cared for as to minimise the risk of
injury, damage to health or cruel treatment.
ARTICLE VIII
Measures to be Taken by the Parties
1. The Parties shall take appropriate measures to enforce the
provisions of the present Convention and to prohibit trade in
specimens in violation thereof. These shall include measures:
(a) to penalize trade in, or possession of, such specimens, or both;
and
(b) to provide for the confiscation or return to the State of export
of such specimens.
2. In addition to the measures taken under paragraph 1 of this
Article, a Party may, when it deems it necessary, provide for any
method of internal reimbursement for expenses incurred as a result of
the confiscation of a specimen traded in violation of the measures
taken in the application of the provisions of the present Convention.
3. As far as possible, the Parties shall ensure that specimens shall
pass through any formalities required for trade with a minimum of
delay. To facilitate such passage, a Party may designate ports of exit
and ports of entry at which specimens must be presented for clearance.
The parties shall ensure further that all living specimens, during any
period of transit, holding or shipment, are properly cared for so as
to minimise the risk of injury, damage to health or cruel treatment.
4. Where a living specimen is confiscated as a result of measures
referred to in paragraph 1 of this Article:
(a) the specimen shall be entrusted to a Management Authority of the
State of confiscation;
(b) the Management Authority shall, after consultation with the
State of export, return the specimen to that State at the expense of
that State, or to a rescue centre or such other places as the
Management Authority deems appropriate and consistent with the
purposes of the present Convention; and
(c) the Management Authority may obtain the advice of a Scientific
Authority, or may, whenever it considers it desirable, consult the
Secretariat in order to facilitate the decision under sub-paragraph
(b) of this paragraph, including the choice of a rescue centre or
other place.
5. A rescue centre as referred to in paragraph 4 of this Article
means an institution designated by a Management Authority to look
after the welfare of living specimens, particularly those that have
been confiscated.
6. Each Party shall maintain records of trade in specimens of
species included in Appendices I, II and III which shall cover:
(a) the names and addresses of exporters and importers; and
(b) the number and type of permits and certificates granted; the
States with which such trade occurred; the numbers or quantities and
types of specimens, names of species as included in Appendices I, II
and III and, where applicable, the size and sex of the specimens in
question.
7. Each Party shall prepare periodic reports on its implementation
of the Present Convention and shall transmit to the Secretariat:
(a) an annual report containing a summary of the information
specified in sub-paragraph (b) of paragraph 6 of this Article; and
(b) a biennial report on legislative, regulatory and administrative
measures taken to enforce the provisions of the present Convention.
8. The information referred to in paragraph 7 of this Article shall
be available to the public where this is not inconsistent with the law
of the Party concerned.
ARTICLE IX
Management and Scientific Authorities
1. Each Party shall designate for the purposes of the present
Convention:
(a) one or more Management Authorities competent to grant permits or
certificates on behalf of that party; and
(b) one or more Scientific Authorities.
2. A State depositing an instrument of ratification, acceptance,
approval or accession shall at that time inform the Depository
Government of the name and address of the Management Authority
authorized to communicate with other Parties and with the Secretariat.
3. Any changes in the designations or authorizations under the
provisions of this Article shall be communicated by the Party
concerned to the Secretariat for transmission to all other Parties.
4. Any Management Authority referred to in paragraph 2 of this
Article shall if so requested by the Secretariat or the Management
Authority of another Party, communicate to it impressions of stamps,
seals or other devices used to authenticate permits or certificates.
ARTICLE X
Trade with States not Party to the Convention
Where export or re-export is to, or import is from, a State not a
Party to the present Convention, comparable documentation issued by
the competent authorities in that State which substantially conforms
with the requirements of the present Convention for permits and
certificates may be accepted in lieu thereof by any Party.
ARTICLE XI
Conference of the Parties
1. The Secretariat shall call a meeting of the Conference of the
Parties not later than two years after the entry into force of the
present Convention.
2. Thereafter the Secretariat shall convene regular meetings at
least once every two years, unless the Conference decides otherwise,
and extraordinary meetings at any time on the written request of at
least one-third of the parties.
3. At meetings, whether regular or extraordinary, the Parties shall
review the implementation of the present Convention and may:
(a) make such provisions as may be necessary to enable the
Secretariat to carry out its duties;
(b) consider and adopt amendments to Appendices I and II in
accordance with Article XV;
(c) review the progress made towards the restoration and
conservation of the species included in Appendices I, II and III;
(d) receive and consider any reports presented by the Secretariat or
by any Party; and
(e) where appropriate, make recommendations for improving the
effectiveness of the present Convention.
4. At each regular meeting, the Parties may determine the time and
venue of the next regular meeting to be held in accordance with the
provisions of paragraph 2 of this Article.
5. At any meeting, the Parties may determine and adopt rules of
procedure for the meeting.
6. The United Nations, its Specialized Agencies and the
International Atomic Energy Agency, as well as any State not a party
to the present Convention, may be represented at meetings of the
Conference by observers, who shall have the right to participate but
not to vote.
7. Any body or agency technically qualified in protection,
conservation or management of wild fauna and flora, in the following
categories, which has informed the Secretariat of its desire to be
represented at meetings of the Conference by observers, shall be
admitted unless at least one-third of the Parties present object:
(a) international agencies or bodies, either governmental or non-
governmental, and national governmental agencies and bodies; and
(b) national non-governmental agencies or bodies which have been
approved for this purpose by the State in which they are located. Once
admitted, these observers shall have the right to participate but not
to vote.
ARTICLE XII
The Secretariat
1. Upon entry into force of the present Convention, a Secretariat
shall be provided by the Executive Director of the United Nations
Environment programme. To the extent and in the manner he considers
appropriate, he may be assisted by suitable inter-government or non-
governmental, international or national agencies and bodies
technically qualified in protection, conservation and management of
wild fauna and flora.
2. The Functions of the Secretariat shall be:
(a) to arrange for and service meetings of the Parties;
(b) to perform the functions entrusted to it under the provisions of
Articles XV and XVI of the present Convention;
(c) to undertake scientific and technical studies in accordance with
programs authorized by the Conference of the Parties as will
contribute to the implementation of the present Convention, including
studies concerning standards for appropriate preparation and shipment
of living specimens and the means of identifying specimens;
(d) to study the reports of Parties and to request from Parties such
further information with respect thereto as it deems necessary to
ensure implementation of the present Convention;
(e) to invite the attention of the Parties to any matter pertaining
to the aims of the present Convention;
(f) to publish periodically and distribute to the Parties current
editions of Appendices I, II and III together with any information
which will facilitate identification of specimens of species included
in those Appendices.
(g) to prepare annual reports to the Parties on its work and on the
implementation of the present Convention and such other reports as
meetings of the Parties may request;
(h) to make recommendations for the implementation of the aims and
provisions of the present Convention, including the exchange of
information of a scientific or technical nature;
(i) to perform any other function as may be entrusted to it by the
Parties.
ARTICLE XIII
International Measures
1. When the Secretariat in the light of information received is
satisfied that any species included in Appendices I or II is being
affected adversely by trade in specimens of that species or that the
provisions of the present Convention are not being effectively
implemented, it shall communicate such information to the authorized
Management Authority of the Party or Parties concerned.
2. When any Party receives a communication as indicated in paragraph
1 of this Article, it shall, as soon as possible, inform the
Secretariat of any relevant facts insofar as its laws permit and,
where appropriate, propose remedial action. Where the party considers
that an inquiry is desirable, such inquiry may be carried out by one
or more persons expressly authorized by the Party.
3. The information provided by the Party or resulting from any
inquiry as specified in paragraph 2 of this Article shall be reviewed
by the next Conference of the Parties which may make whatever
recommendations it deems appropriate.
ARTICLE XIV
Effect on Domestic Legislation and International Conventions
1. The provisions of the present Convention shall in no way affect
the right of Parties to adopt:
(a) stricter domestic measures regarding the conditions for trade,
taking, possession or transport of specimens of species included in
Appendices I, II, and III, or the complete prohibition thereof; or
(b) domestic measures restricting or prohibiting trade, taking,
possession, or transport of species not included in Appendices I, II
or III.
2. The provisions of the present Convention shall in no way affect
the provisions of any domestic measures or the obligations of Parties
deriving from any treaty, convention, or international agreement
relating to other aspects of trade, taking, possession, or transport
of specimens which is in force or subsequently may enter into force
for any Party including any measure pertaining to the Customs, public
health, veterinary or plant quarantine fields.
3. The provisions of the present Convention shall in no way affect
the provisions of, or the obligations deriving from, any treaty,
convention or international agreement concluded or which may be
concluded between States creating a union or regional trade agreement
establishing or maintaining a common external customs control and
removing customs control between the parties thereto insofar as they
relate to trade among the States members of that union or agreement.
4. A State party to the present Convention, which is also a party to
any other treaty, convention or international agreement which is in
force at the time of the coming into force of the present Convention
and under the provisions of which protection is afforded to marine
species included in Appendix II, shall be relieved of the obligations
imposed on it under the provisions of the present Convention with
respect to trade in specimens of species included in Appendix II that
are taken by ships registered in that State and in accordance with the
provisions of such other treaty, convention or international
agreement.
5. Notwithstanding the provisions of Articles III, IV and V, any
export of a specimen taken in accordance with paragraph 4 of this
Article shall only require a certificate from a Management Authority
of the State of introduction to the effect that the specimen was taken
in accordance with the provisions of the other treaty, convention or
international agreement in question.
6. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the United
Nations Conference on the Law of the Sea convened pursuant to
Resolution 2750 C (XXV) of the General Assembly of the United Nations
nor the present or future claims and legal views of any State
concerning the law of the sea and the nature and extent of coastal and
flag State jurisdiction.
ARTICLE XV
Amendments to Appendices I and II
1. The following provisions shall apply in relation to amendments to
Appendices I and II at meetings of the Conference of the Parties:
(a) Any Party may propose an amendment to Appendix I or II for
consideration at the next meeting. The text of the proposed amendment
shall be communicated to the Secretariat at least 150 days before the
meeting. The Secretariat shall consult the other Parties and
interested bodies on the amendment in accordance with the provisions
of sub-paragraphs (b) and (c) of paragraph 2 of this Article and shall
communicate the response to all Parties not later than 30 days before
the meeting.
(b) Amendments shall be adopted by a two-thirds majority of Parties
present and voting. For these purposes "Parties present and
voting"means Parties present and casting an affirmative or negative
vote. Parties abstaining from voting shall not be counted among the
two-thirds required for adopting an amendment.
(c) Amendments adopted at a meeting shall enter into force 90 days
after that meeting for all Parties except those which make a
reservation in accordance with paragraph 3 of this Article.
2. The following provisions shall apply in relation to amendments to
Appendices I and II between meetings of the Conference of the Parties:
(a) Any Party may propose an amendment to Appendix I or II for
consideration between meetings by the postal procedures set forth in
this paragraph.
(b) For marine species, the Secretariat shall, upon receiving the
text of the proposed amendment, immediately communicate it to the
Parties. It shall also consult inter-governmental bodies having a
function in relation to those species especially with a view to
obtaining scientific data these bodies may be able to provide and to
ensuring co-ordination with any conservation measures enforced by such
bodies. The Secretariat shall communicate the views expressed and data
provided by these bodies and its own findings and recommendations to
the Parties as soon as possible.
(c) For species other than marine species, the Secretariat shall,
upon receiving the text of the proposed amendment, immediately
communicate it to the Parties, and, as soon as possible thereafter,
its own recommendations.
(d) Any Party may, within 60 days of the date on which the
Secretariat communicated its recommendations to the Parties under
sub-paragraphs (b) or (c) of this paragraph, transmit to the
Secretariat any comments on the proposed amendment together with any
relevant scientific data and information.
(e) The Secretariat shall communicate the replies received together
with its own recommendations to the Parties as soon as possible.
(f) If no objection to the proposed amendment is received by the
Secretariat within 30 days of the date the replies and recommendations
were communicated under the provisions of sub-paragraph (e) of this
paragraph, the amendment shall enter into force 90 days later for all
Parties except those which make a reservation in accordance with
paragraph 3 of this Article.
(g) If an objection by any Party is received by the Secretariat, the
proposed amendment shall be submitted to a postal vote in accordance
with the provisions of sub-paragraphs (h), (i) and (j) of this
paragraph.
(h) The Secretariat shall notify the Parties that notification of
objection has been received.
(i) Unless the Secretariat receives the votes for, against or in
abstention from at least one-half of the Parties within 60 days of the
date of the notification under sub-paragraph (h) of this paragraph,
the proposed amendment shall be referred to the next meeting of the
Conference for further consideration.
(j) Provided that votes are received from one-half of the Parties,
the amendment shall be adopted by a two-thirds majority of Parties
casting an affirmative or negative vote.
(k) The Secretariat shall notify all Parties of the result of the
vote.
(l) If the proposed amendment is adopted it shall enter into force
90 days after the date of the notification by the Secretariat of its
acceptance for all parties except those which make a reservation in
accordance with paragraph 3 of this Article.
3. During the period of 90 days provided for by sub-paragraph (c) of
paragraph 1 or sub-paragraph (l) of paragraph 2 of this Article any
Party may by notification in writing to the Depositary Government make
a reservation with respect to the amendment. Until such reservation is
withdrawn the party shall be treated as a State not a party to the
present Convention with respect to trade in the species concerned.
ARTICLE XVI
Appendix III and Amendments thereto
1. Any party may at any time submit to the Secretariat a list of
species which it identifies as being subject to regulation within its
jurisdiction for the purpose mentioned in paragraph 3 of Article II.
Appendix III shall include the names of the Parties submitting the
species for inclusion therein, the scientific names of the species so
submitted, and any parts or derivatives of the animals or plants
concerned that are specified in relation to the species for the
purposes of sub-paragraph (b) of Article I.
2. Each list submitted under the provisions of paragraph 1 of this
Article shall be communicated to the Parties by the Secretariat as
soon as possible after receiving it. The list shall take effect as
part of Appendix III 90 days after the date of such communication. At
any time after the communication of such list, any Party may by
notification in writing to the Depositary Government enter a
reservation with respect to any species or any parts or derivatives,
and until such reservation is withdrawn, the State shall be treated as
a State not a Party to the present Convention with respect to trade in
the species or part or derivative concerned.
3. A Party which has submitted a species for inclusion in Appendix
III may withdraw it at any time by notification to the Secretariat
which shall communicate the withdrawal to all Parties. The withdrawal
shall take effect 30 days after the date of such communication.
4. Any Party submitting a list under the provisions of paragraph 1
of this Article shall submit to the Secretariat a copy of all domestic
laws and regulations applicable to the protection of such species,
together with any interpretations which the Party may deem appropriate
or the Secretariat may request. The Party shall, for as long as the
species in question is included in Appendix III, submit any amendments
of such laws and regulations or any new interpretations as they are
adopted.
ARTICLE XVII
Amendment of the Convention
1. An extraordinary meeting of the Conference of the Parties shall
be convened by the Secretariat on the written request of at least one-
third of the Parties to consider and adopt amendments to the present
Convention. Such amendments shall be adopted by a two-thirds majority
of Parties present and voting. For these purposes "Parties present and
voting"means Parties present and casting an affirmative or negative
vote. Parties abstaining from voting shall not be counted among the
two-thirds required for adopting an amendment.
2. The text of any proposed amendment shall be communicated by the
Secretariat to all Parties at least 90 days before the meeting.
3. An amendment shall enter into force for the Parties which have
accepted it 60 days after two-thirds of the Parties have deposited an
instrument of acceptance of the amendment with the Depositary
Government. Thereafter, the amendment shall enter into force for any
other Party 60 days after that Party deposits its instrument of
acceptance of the amendment.
ARTICLE XVIII
Resolution of Disputes
1. Any dispute which may arise between two or more Parties with
respect to the interpretation or application of the provisions of the
present Convention shall be subject to negotiation between the Parties
involved in the dispute.
2. If the dispute cannot be resolved in accordance with paragraph 1
of this Article, the Parties may, by mutual consent, submit the
dispute to arbitration, in particular that of the Permanent Court of
Arbitration at the Hague and the Parties submitting the dispute shall
be bound by the arbitral decision.
ARTICLE XIX
Signature
The present Convention shall be open for signature at Washington
until 30th April 1973 and thereafter at Berne until 31st December
1974.
ARTICLE XX
Ratification, Acceptance, Approval
The present Convention shall be subject to ratification, acceptance
or approval. Instruments of ratification, acceptance or approval shall
be deposited with the Government of the Swiss Confederation which
shall be the Depositary Government.
ARTICLE XXI
Accession
The present Convention shall be open indefinitely for accession.
Instruments of accession shall be deposited with the Depositary
Government.
ARTICLE XXII
Entry into Force
1. The present Convention shall enter into force 90 days after the
date of deposit of the tenth instrument of ratification, acceptance,
approval or accession, with the Depositary Government.
2. For each State which ratifies, accepts or approves the present
Convention or accedes thereto after the deposit of the tenth
instrument of ratification, acceptance, approval or accession, the
present Convention shall enter into force 90 days after the deposit by
such State of its instrument of ratification, acceptance, approval or
accession.
ARTICLE XXIII
Reservations
1. The provisions of the present Convention shall not be subject to
general reservations. Specific reservations may be entered in
accordance with the provisions of this Article and Articles XV and
XVI.
2. Any State may, on depositing its instrument of ratification,
acceptance, approval or accession, enter a specific reservation with
regard to:
(a) any species included in Appendix I, II, or III; or
(b) any parts or derivatives specified in relation to a species
included in Appendix III.
3. Until a Party withdraws its reservation entered under the
provisions of this Article, it shall be treated as a State not a party
to the present Convention with respect to trade in the particular
species or parts or derivatives specified in such reservation.
ARTICLE XXIV
Denunciation
Any Party may denounce the present Convention by written
notification to the Depositary Government at any time. The
denunciation shall take effect twelve months after the Depositary
Goverment has received the notification.
ARTICLE XXV
Depositary
1. The original of the present Convention, in the Chinese, English,
French, Russian and Spanish languages, each version being equally
authentic, shall be deposited with the Depositary Government, which
shall transmit certified copies thereof to all States that have signed
it or deposited instruments of accession to it.
2. The Depositary Government shall inform all signatory and acceding
States and the Secretariat of signatures, deposit of instruments of
ratification, acceptance, approval or accession, entry into force of
the present Convention, amendments thereto, entry and withdrawal of
reservations and notifications of denunciation.
3. As soon as the present Convention enters into force, a certified
copy thereof shall be transmitted by the Depositary Government to the
Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
In witness whereof the undersigned Plenipotentiaries, being duly
authorized to that effect, have signed the present Convention.
Done at Washington this third day of March, One Thousand Nine
Hundred and Seventy-three.
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- SCHEDULE 9
SCH
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
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- NOTE 1
*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 Number Date of Date of Application, saving or
and year notification commencement transitional provisions
in Gazette
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 Ss. 27 (2)
Gazette 1987, No. S68) and 30 (2)
as
amended
by
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: 30 Apr 1987 S. 5 (1)
(see Gazette 1987,
No. S68) (a)
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 Schedules 1-13 Sch. 2 (items
and 15-19: 2 (2), 8),
2 May 1996 Sch. 3 (items
Schedule 14: 13-15),
3 Oct 1996 Sch. 7 (item 2),
Remainder: Sch. 14 (item 10)
Royal Assent and
Sch. 19 (item 24)
Statute Law Revision Act 1996
43, 1996 25 Oct 1996 Schedule 2 (item -
138): (b)
Schedule 4 (item 155):
Royal Assent (b)
(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)
Amendment Act 1986 was amended by Schedule 2 (item 138) and Schedule 4
(item 155) only of the Statute Law Revision Act 1996, subsections 2
(1) and (2) of which provide as follows:
"(1) Subject to sections (2) and (3), this Act commences on the day
on which it receives the Royal Assent.
"(2) Each item in Schedule 2 commences or is taken to have commenced
(as the case requires) at the time specified in the note at the end of
the item."
Item 138 is taken to have commenced immediately after the
commencement of Schedule 8 of the Wildlife Protection (Regulation of
Exports and Imports) Amendment Act 1995.
Schedule 8 of the Wildlife Protection (Regulation of Exports and
Imports) Amendment Act 1995 commenced on 2 May 1996.
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and
substituted
Provision affected How affected
Title am. No. 121, 1995
S. 3 am. No. 121, 1995
S. 4 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 8 am. No. 120, 1986; No. 133, 1991
S. 8A ad. No. 22, 1984
S. 9 am. No. 120, 1986; No. 99, 1988; No.
121, 1995
Heading to s. 9A am. No. 121, 1995
Ss. 9A, 9B ad. No. 133, 1991
am. No. 121, 1995
S. 10 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 10A ad. No. 133, 1991
am. No. 121, 1995
Ss. 11, 12 am. No. 120, 1986
S. 13 am. No. 120, 1986; No. 121, 1995
S. 16 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 16A ad. No. 120, 1986
S. 18 am. No. 120, 1986
S. 19 am. No. 120, 1986; No. 43, 1996
S. 20 am. No. 120, 1986
Ss. 21, 22 am. No. 133, 1991; No. 121, 1995
Ss. 23-26 am. No. 120, 1986; No. 121, 1995
S. 27 rs. No. 120, 1986
am. No. 121, 1995
S. 28 am. No. 120, 1986; No. 121, 1995
S. 29 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 30 am. No. 120, 1986; No. 121, 1995
S. 31 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
Ss. 32-36 am. No. 120, 1986; No. 121, 1995
S. 37 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 38 am. No. 120, 1986; No. 121, 1995
S. 38A ad. No. 121, 1995
S. 40 am. No. 120, 1986
Ss. 41, 42 am. No. 120, 1986; No. 121, 1995
S. 42A ad. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 42B ad. No. 120, 1986
am. No. 121, 1995
S. 43 am. No. 120, 1986; No. 121, 1995
S. 43A ad. No. 120, 1986
S. 44 am. No. 120, 1986; No. 121, 1995
S. 45 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 46 am. No. 120, 1986
S. 47A ad. No. 121, 1995
S. 48 am. No. 121, 1995
S. 49 am. No. 120, 1986
Ss. 50, 51 am. No. 121, 1995
Div. 6A of Part II ad. No. 121, 1995
(ss. 51A-51E, 51E)
Ss. 51A-51E, 51E ad. No. 121, 1995
S. 51E
Renumbered s. 51F No. 43, 1996
Ss. 52, 53 am. No. 120, 1986; No. 121, 1995
Ss. 53A, 53B ad. No. 121, 1995
Ss. 54, 55 am. No. 120, 1986
rep. No. 121, 1995
S. 56 am. No. 120, 1986 (as am. by No.
141, 1987)
rep. No. 121, 1995
S. 56A ad. No. 120, 1986
am. No. 121, 1995
rep. No. 121, 1995
S. 57 am. No. 120, 1986
rep. No. 121, 1995
Part 11A (ss. 57A-57Z, ad. No. 121, 1995
57ZA-57ZQ)
Ss. 57A-57Z, 57ZA-57ZQ ad. No. 121, 1995
Heading to Part III am. No. 121, 1995
Heading to Div. 1 ad. No. 121, 1995
of Part III
S. 58 am. No. 121, 1995
S. 60 am. No. 121, 1995
S. 61 am. No. 120, 1986; No. 121, 1995
Heading to Div. 2 ad. No. 121, 1995
of Part III
S. 62 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
Heading to s. 63 am. No. 121, 1995
S. 63 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
Heading to s. 64 am. No. 121, 1995
S. 64 am. No. 120, 1986; No. 121, 1995
Div. 3 of Part III ad. No. 121, 1995
(ss. 64A-64P)
Ss. 64A-64P ad. No. 121, 1995
Div. 4 of Part III ad. No. 121, 1995
(ss. 64Q, 64R)
Ss. 64Q, 64R ad. No. 121, 1995
Heading to Div. 5 ad. No. 121, 1995
of Part III
S. 65 am. No. 120, 1986; No. 121, 1995
Ss. 65A-65C ad. No. 121, 1995
Div. 6 of Part III ad. No. 121, 1995
(ss. 65D-65L)
Ss. 65D-65L ad. No. 121, 1995
S. 66 am. No. 120, 1986; No. 121, 1995
Heading to Div. 7 ad. No. 121, 1995
of Part III
S. 67 am. No. 120, 1986; No. 121, 1995
S. 68 am. No. 120, 1986
rep. No. 121, 1995
Heading to Div. 8 ad. No. 121, 1995
of Part III
S. 69 am. No. 120, 1986
rs. No. 121, 1995
Heading to Div. 9 ad. No. 121, 1995
of Part III
S. 69A ad. No. 120, 1986
rs. No. 121, 1995
Heading Div. 10 of Part III ad. No. 121, 1995
Heading to Subdiv. A of ad. No. 121, 1995
Div. 10 of Part III
Ss. 69B-69L ad. No. 121, 1995
Heading to Subdiv. B of ad. No. 121, 1995
Div. 10 of Part III
Ss. 69M-69Q ad. No. 121, 1995
Heading to Subdiv. C of ad. No. 121, 1995
Div. 10 of Part III
Ss. 69R ad. No. 121, 1995
Heading to Subdiv. D of ad. No. 121, 1995
Div. 10 of Part III
Ss. 69S ad. No. 121, 1995
Heading to Subdiv. E of ad. No. 121, 1995
Div. 10 of Part III
Ss. 69T ad. No. 121, 1995
Heading to Subdiv. F of ad. No. 121, 1995
Div. 10 of Part III
Ss. 69U ad. No. 121, 1995
Heading to Subdiv. G of ad. No. 121, 1995
Div. 10 of Part III
Ss. 69V, 69W ad. No. 121, 1995
Heading to Subdiv. H of ad. No. 121, 1995
Div. 10 of Part III
Ss. 70, 71 am. No. 120, 1986
rep. No. 121, 1995
S. 71A ad. No. 120, 1986
am. No. 121, 1995
Heading to Part IV ad. No. 121, 1995
S. 72 am. No. 120, 1986; No. 121, 1995
S. 73 am. No. 120, 1986
rep. No. 121, 1995
S. 75 am. No. 120, 1986; No. 21, 1992
S. 75A ad. No. 120, 1986
S. 76 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 76A ad. No. 120, 1986
am. No. 121, 1995
Heading to s. 77 am. No. 121, 1995
S. 77 am. No. 121, 1995
S. 80 am. No. 120, 1986; No. 133, 1991;
No. 121, 1995
S. 81 am. No. 121, 1995
Schedule 2A ad. No. 121, 1995
Schedule 9 ad. No. 121, 1995
WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982
- NOTE 2
*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 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.
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
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 Ill-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)
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 Genus, species or sub-species
(common name) (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 Common Name
sub-species
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
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 paradise fish
(only 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 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
Surgeonfish
Acanthuridae
Anomalopidae All species of the family Flashlight fish
Anomalopidae
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)