{"id":"F2005B02138","name":"List of Exempt Native Specimens Instrument 2001","slug":"list-of-exempt-native-specimens-instrument-2001","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32624,"registerId":"commonwealth-F2005B02138-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the List of Exempt Native Specimens Instrument 2001.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Authority","content":"#### 2 Authority\n\n This instrument is made under subsection 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this instrument:\n\n> EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.\n\n> list means the list established by section 4.\n\n> personal baggage means personal baggage (including personal effects) of a person departing from Australia that is not intended to be used for any commercial purpose, including sale, lease, hire or exchange.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of the list","content":"#### 4 Establishment of the list\n\n (1) The list in Schedule 1 is established for the purposes of subsection 303DB(1) of the EPBC Act.\n (2) This is a list of native specimens that are exempt from export control under the EPBC Act (see Part 13A of that Act).\n (3) The list includes only specimens that are, or are derived from, Australian native animals and plants.\n (4) The list does not include live mammals, birds, reptiles or amphibians.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"How the list works","content":"#### 5 How the list works\n\n Taxon/Item column\n (1) Items in the column of the list headed “Taxon / Item” may:\n (a) include the scientific names of taxa related to the items; or\n (b) include descriptions that uniquely identify fisheries the specimens from which are included on the list.\n Common name and Taxon/Item columns\n (2) The column of the list headed “Common Name” is included for information only, and in particular:\n (a) if a common name specified for an item in the column of the list headed “Common name” is that of an animal or a plant—the scientific name in the column of the list headed “Taxon / Item” for that item determines if specimens of the species so named are included on the list; and\n (b) if a common name specified for an item in the column of the list headed “Common name” is that of a fishery—the description of the fishery in the column of the list headed “Taxon / Item” for that item determines if specimens from the fishery described are included on the list.\n Notation column\n (3) Inclusion of a specimen in the list is subject to any conditions or restrictions included for the specimen in the column of the list headed “Notation”.\n\n> Note: A specimen must satisfy any such conditions or restrictions in order to be exempt from export control under the EPBC Act (see Part 13A of that Act).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Structure of the list","content":"#### 6 Structure of the list\n\n The structure of the list is set out in the following table:\n\n```html\n

Structure of the list

Item

Major group

Subgroup or other

Species or other

1

Animals (Animalia)

Miscellaneous (not species specific) in alphabetical sequence

2

Mammals (Mammalia)

Species in alphabetical sequence

3

Birds (Aves)

Species in alphabetical sequence

4

Reptiles (Reptilia)

Species in alphabetical sequence

5

Terrestrial invertebrates

Miscellaneous (not species specific) in alphabetical sequence

Species in alphabetical sequence

6

Freshwater and marine animals

General

Miscellaneous (not species specific) in alphabetical sequence

7

Aquaculture

Miscellaneous (not species specific) in alphabetical sequence

8

Fisheries

Fisheries in alphabetical sequence by common name

9

Cartilaginous fishes (Chondrichthyes)

Species in alphabetical sequence

10

Bony fishes (Osteichthyes)

Miscellaneous (not species specific) in alphabetical sequence

Species in alphabetical sequence

11

Freshwater and Marine Invertebrates

Species in alphabetical sequence within Phylum, as follows:

(a) Annelida;

(b) Arthropoda, as follows:

(i) Echinodermata;

(ii) Mollusca

12

Plants

Miscellaneous (not species specific) in alphabetical sequence

Species in alphabetical sequence

13

Prokaryotes (Monera)

Miscellaneous (not species specific) in alphabetical sequence

14

Virus

Miscellaneous (not species specific) in alphabetical sequence

\n```","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Automatic repeal of spent items","content":"#### 7 Automatic repeal of spent items\n\n This section repeals an item in the list, with effect from the start of a particular day (the repeal day), if the item provides in the column of the list headed “Notation” that:\n (a) the item, or the specimen (or specimens) covered by the item, is included in (or on) the list until the day before the repeal day; or\n (b) the inclusion of the item, or the specimen (or specimens) covered by the item, in (or on) the list is to expire after a specified period that ends on the day before the repeal day.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements an exempt‑specimen list under the authority granted by the EPBC Act; it confines exemptions to Australian native specimens (excluding live mammals, birds, reptiles and amphibians) and sets structural and temporal rules for entries. It does not itself expand or reduce the statutory reach of the EPBC Act beyond the powers used to make the instrument (subsection 303DB(1))."},"complexity_factors":["Statutory cross‑reference: made under subsection 303DB(1) of the EPBC Act, so interpretation requires reading that provision alongside the instrument.","Name/description rules: interplay between the Taxon/Item and Common Name columns requires applying scientific names over colloquial names (section 5(2)).","Notation conditions: exemptions are conditional — listed Notation entries can impose limits that must be checked for compliance (section 5(3)).","Category structure: a multi‑column table groups broad biological categories and fisheries, creating potential classification questions (section 6).","Explicit exclusions: live mammals, birds, reptiles or amphibians are excluded from the list (section 4(4)), introducing a bright‑line exception.","Temporal repeal mechanism: automatic repeal of ‘spent’ items requires tracking repeal days and expiry language in Notation (section 7)."],"plain_english_summary":"Sets out a schedule of Australian native specimens that are exempt from export control under the EPBC Act. It specifies which non‑live specimens are covered, explains how scientific and common names and fishery descriptions determine inclusion, prescribes the list's table structure (animals, plants, microbes, fisheries, etc.), and creates an automatic repeal rule for time‑limited entries. Affects people and businesses exporting native specimens (including non‑commercial personal baggage) who must meet any conditions recorded in the list."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original purpose: establishing a list of exempt native specimens for export control purposes. The structure (animals, plants, fisheries, etc.) aligns with the original intent under Part 13A of the EPBC Act. No scope creep is evident in the operative provisions provided."},"complexity_factors":["Only 3 defined terms in the interpretation section","Straightforward structure: definitions, establishment, operation, and automatic repeal mechanism","No nested exceptions or conditional logic beyond the basic 'subject to notation' condition","Single cross-reference to the parent EPBC Act (subsection 303DB(1))","The complexity lies in the Schedule 1 list itself (not provided here), which contains extensive taxonomic classifications and conditions—this instrument is merely the 'wrapper' that establishes how that list operates","Automatic repeal mechanism in section 7 is simple and self-executing"],"plain_english_summary":"This is a **list of Australian native animals and plants that can be exported without a permit**.\n\nNormally, exporting native wildlife from Australia requires government approval under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). This instrument creates a list of exceptions—specimens that don't need that approval because they're considered low-risk or sustainably managed.\n\n**What it covers:**\n- Dead animals and plant products (like seafood, timber, or wool)\n- Specimens from approved fisheries\n- Certain live animals like fish and invertebrates\n\n**Important limits:**\n- **No live mammals, birds, reptiles or amphibians** can be on this list (these always need permits)\n- Each item may have **conditions** attached (shown in the \"Notation\" column)\n- The list is organised by scientific groups: mammals, birds, fish, plants, etc.\n\n**Who uses this:**\n- Exporters of native Australian products\n- Fisheries and aquaculture operators\n- Tourists taking personal items overseas (\"personal baggage\"—things you're carrying for yourself, not to sell)\n\nThe list itself is in **Schedule 1** (not shown here), which contains thousands of specific species and products. Items can also automatically expire if they're marked with a time limit."}},"importantCases":[],"_links":{"self":"/api/acts/list-of-exempt-native-specimens-instrument-2001","history":"/api/acts/list-of-exempt-native-specimens-instrument-2001/history","analysis":"/api/acts/list-of-exempt-native-specimens-instrument-2001/analysis","conflicts":"/api/acts/list-of-exempt-native-specimens-instrument-2001/conflicts","importantCases":"/api/acts/list-of-exempt-native-specimens-instrument-2001/important-cases","documents":"/api/acts/list-of-exempt-native-specimens-instrument-2001/documents"}}