Federal Register of Legislation - Australian Government

Primary content

Act No. 149 of 1982 as amended, taking into account amendments up to Act No. 43 of 1996
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
Registered 08 Dec 2009
Start Date 25 Oct 1996
End Date 05 May 1999
Date of repeal 11 Jan 2002
Repealed by Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001

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)

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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

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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)

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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)

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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

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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
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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
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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)