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Wildlife Protection (Regulation of Exports and Imports) Act 1982
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C2004C07902
06 May 1999
-
04 December 1999
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
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 [see Note 2]
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
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Part II—Regulation of export and import of specimens
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Division 1—Prohibition of certain exports and imports
21 Certain exports prohibited
22 Certain imports prohibited
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Division 2—Permits to export or to import specimens
23 Application for permit
24 Grant of permit
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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
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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
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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
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Division 6—Permits and authorities
45 Permit or authority to be produced
46 Revocation etc. of permits and authorities
47 Conditions in respect of permits and authorities
47A 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
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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
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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
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Part IIA—Regulation of the possession of classified exotic birds
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Division 1—Object
57A Object
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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
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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
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Division 4—Operation of State and Territory laws
57R Concurrent operation of State and Territory laws
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Division 5—Partnerships
57S Treatment of partnerships
57T Giving of documents to partnerships
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Division 6—Exotic Birds Committee
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Subdivision A—Establishment of Committee etc.
57U Exotic Birds Committee
57V Functions of Committee
57W Appointment of members
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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
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Subdivision C—Operations of the Exotic Birds Committee
57ZG Meetings of the Exotic Birds Committee
57ZH Resolutions without meetings
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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
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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
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Part III—Enforcement
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Division 1—Inspectors
58 Appointment of inspectors
59 Inspectors ex officio
60 Arrangements for State and Territory officers to be inspectors
61 Identity cards
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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
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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
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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
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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
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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
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Division 7—Power to search baggage etc.
67 Power to search baggage etc.
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Division 8—Power to ask questions about specimens
69 Inspector may ask questions about the nature or origin of specimens
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Division 9—Power to ask for names and addresses
69A Inspector may ask a person to give the person’s name and address
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Division 10—Seizure and forfeiture etc.
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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
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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
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Subdivision C—Immediate disposal of seized items
69R Immediate disposal of seized items
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Subdivision D—Court-ordered forfeiture
69S Court-ordered forfeiture
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Subdivision E—Dealings in forfeited items
69T Dealings in forfeited items
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Subdivision F—Delivery of forfeited items to the Commonwealth
69U Delivery of forfeited items to the Commonwealth
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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
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Subdivision H—Rescuing goods
71A Rescuing goods
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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 2—Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 29 and 37 apply
Schedule 2A—Cites Appendix III Specimens
Schedule 3—Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 30 and 38 apply
Schedule 4—Specimens that are, or are derived from, native Australian animals or native Australian plants and the export of which is not prohibited by paragraph 21(b)
Schedule 5—Live animals and live plants the import of which is not prohibited by paragraph 22(b) and in relation to which section 9 does not apply
Schedule 6—Live animals and live plants the import of which is not prohibited by paragraph 22(b) and in relation to which section 9 applies
Schedule 7—Species of native Australian animals eligible to be treated as household pets
Schedule 8
Schedule 9—Exotic birds that are not classified exotic birds
Notes to the STYLEREF ShortT \* MERGEFORMAT Wildlife Protection (Regulation of Exports and Imports) Act 1982
