Note: Subsection 157C(2) applies in relation to determining Australia’s national interest.
302K Revocation of Part 13 exemption
(1) The Minister may, by written instrument, revoke a Part 13 exemption, on the Minister’s initiative, if the Minister reasonably believes that:
(a) the exemption is no longer in the national interest; or
(b) a condition of the exemption has been contravened.
Note 1: The Minister may request information to make an informed decision under subsection 302N(1).
Note 2: For paragraph (a), subsection 302D(2) applies in relation to determining the national interest.
Note 3: A Part 13 exemption is taken to be revoked if the Minister decides to accept the surrender of the exemption under section 302M.
(2) A revocation comes into force on the day specified in the revocation (which must not be earlier than the day the revocation is made).
(3) A revocation made under subsection (1) is not a legislative instrument.
302L Notice of revocation of Part 13 exemption
As soon as practicable after revoking a Part 13 exemption under section 302K, the Minister must:
(a) give a copy of the revocation to:
(i) the person to whom the exemption applied immediately before the revocation; and
(ii) if a different person applied for the exemption under subsection 302C(1)—that person; and
(b) publish a copy of the revocation together with the Minister’s reasons for revoking the exemption on the Department’s website.
302M Surrender of Part 13 exemption
(1) A person to whom a Part 13 exemption applies may, in writing, request the Minister to accept the surrender of the exemption.
(2) The Minister must decide whether to accept the surrender within 20 business days of receiving the application.
Note: If the Minister requests information to make an informed decision under section 302N, days between the request and receipt of the information do not count towards this timeframe (subsection 302N(2)).
(3) In deciding whether or not to accept the surrender, the Minister may have regard to any matter the Minister considers relevant.
Notice of decision
(4) As soon as practicable after the decision is made, the Minister must:
(a) give written notice of the decision to:
(i) the person who made the request; and
(ii) if a different person applied for the exemption under subsection 302C(1)—that person; and
(b) if the Minister decides to accept the surrender—publish the notice on the Department’s website.
Effect of surrender
(5) If the Minister decides to accept the surrender, the exemption is taken to be revoked with effect from the day specified in the notice (which must not be earlier than the day the notice is published under paragraph (4)(b)).
302N Minister may request further information for making decision
(1) The Minister may request any of the following persons to provide specified information if the Minister is satisfied that the information is reasonably necessary in order for the Minister to make an informed decision as to whether to grant, vary, revoke, or accept the surrender of, a Part 13 exemption for an action:
(a) the applicant for the decision (if any);
(b) if there is no applicant—the person who proposes to take, is taking or has taken the action;
(c) in any case—the person to whom the exemption applies or is proposed to apply;
(d) any other person the Minister considers appropriate.
(2) If the Minister has requested information under subsection (1) in respect of a decision for which there is an applicant, a day is not to be counted as a business day for the purposes of subsection 302C(3) (application for exemption), 302H(3) (application to vary exemption) or 302M(2) (application to surrender exemption) if it is:
(a) on or after the day the Minister requested the information; and
(b) on or before the day on which the Minister receives the last of the information requested.
Division 8—Miscellaneous
303 Regulations
(1) The regulations may make provision for the conservation of biodiversity in Commonwealth areas.
(2) In particular, the regulations may prohibit or regulate actions affecting a member of a native species in a Commonwealth area. This does not limit subsection (1).
303AA Conditions relating to accreditation of plans, regimes and policies
(1) This section applies to an accreditation of a plan, regime or policy under section 208A, 222A, 245 or 265.
(2) The Minister may accredit a plan, regime or policy under that section even though he or she considers that the plan, regime or policy should be accredited only:
(a) during a particular period; or
(b) while certain circumstances exist; or
(c) while a certain condition is complied with.
In such a case, the instrument of accreditation is to specify the period, circumstances or condition.
(3) If an accreditation specifies a particular period as mentioned in subsection (2), the accreditation ceases to be in force at the end of that period.
(4) If an accreditation specifies circumstances as mentioned in subsection (2), the Minister must, in writing, revoke the accreditation if he or she is satisfied that those circumstances have ceased to exist.
(5) The Minister may, in writing, vary an accreditation by:
(a) specifying one or more conditions (or further conditions) to which the accreditation is subject; or
(b) revoking or varying a condition:
(i) specified in the instrument of accreditation; or
(ii) specified under paragraph (a).
(6) A condition may relate to reporting or monitoring.
(7) The Minister must, in writing, revoke an accreditation if he or she is satisfied that a condition of the accreditation has been contravened.
303AB Amended policies, regimes or plans taken to be accredited
(1) If:
(a) a plan, regime or policy is accredited under section 208A, 222A, 245 or 265; and
(b) the plan, regime or policy is amended, or is proposed to be amended; and
(c) the Minister is satisfied that the amendments are, or will be, minor; and
(d) the Minister is satisfied that the plan, regime or policy as amended meets, or will meet, the requirements of subsection 208A(1), 222A(1), 245(1) or 265(1) (as the case may be);
the Minister may, by instrument in writing, determine that this subsection applies to the amendments.
(2) If the Minister makes a determination under subsection (1), the plan, regime or policy as amended is, for the purposes of this Act, taken to be accredited under subsection 208A(1), 222A(2), 245(1) or 265(1) (as the case may be).
(3) A determination under subsection (1) of this section is not a legislative instrument.
Part 13A—International movement of wildlife specimens
Division 1—Introduction
303BA Objects of Part
(1) The objects of this Part are as follows:
(a) to ensure that Australia complies with its obligations under CITES and the Biodiversity Convention;
(b) to protect wildlife that may be adversely affected by trade;
(c) to promote the conservation of biodiversity in Australia and other countries;
(d) to ensure that any commercial utilisation of Australian native wildlife for the purposes of export is managed in an ecologically sustainable way;
(e) to promote the humane treatment of wildlife;
(f) to ensure ethical conduct during any research associated with the utilisation of wildlife;
(h) to ensure that the precautionary principle is taken into account in making decisions relating to the utilisation of wildlife.
Note: CITES means the Convention on International Trade in Endangered Species—see section 528.
(2) In order to achieve its objects, this Part includes special provisions to conserve the biodiversity of Australian native wildlife.
303BAA Certain indigenous rights not affected
To avoid doubt, nothing in this Part prevents an indigenous person from continuing in accordance with law the traditional use of an area for:
(a) hunting (except for the purposes of sale); or
(b) food gathering (except for the purposes of sale); or
(c) ceremonial or religious purposes.
303BB Simplified outline
The following is a simplified outline of this Part:
• This Part sets up a system for regulating the international movement of wildlife specimens.
• A CITES specimen is a specimen of a species included in Appendix I, II or III to the Convention on International Trade in Endangered Species (CITES).
• It is an offence to export or import a CITES specimen unless:
(a) the exporter or importer holds a permit; or
(b) an exemption applies.
• A regulated native specimen is a specimen of a native species subject to export control under this Part.
• It is an offence to export a regulated native specimen unless:
(a) the exporter holds a permit; or
(b) an exemption applies.
• A regulated live specimen is a live specimen of a species subject to import control under this Part.
• It is an offence to import a regulated live specimen unless the importer holds a permit.
• It is an offence to possess a specimen that was imported in contravention of this Part.
303BC Definitions
In this Part, unless the contrary intention appears:
eligible listed threatened species means a listed threatened species other than a species in the conservation dependent category.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
export means:
(a) export from Australia or from an external Territory; or
(b) export from the sea;
but does not include:
(c) export from Australia to an external Territory; or
(d) export from an external Territory to Australia; or
(e) export from an external Territory to another external Territory.
export from the sea, in relation to a specimen, means take in a Commonwealth marine area and then take out of that area to another country without bringing into Australia or into an external Territory.
import means:
(a) import into Australia or into an external Territory; or
(b) import by way of introduction from the sea;
but does not include:
(c) import into Australia from an external Territory; or
(d) import into an external Territory from Australia; or
(e) import into an external Territory from another external Territory.
import by way of introduction from the sea, in relation to a specimen, means take in the marine environment not under the jurisdiction of any country and then bring into Australia or into an external Territory without having been imported into any other country.
marine environment means the sea, and includes:
(a) the air space above the sea; and
(b) the seabed and subsoil beneath the sea.
recipient means:
(a) in relation to a specimen that is exported—the person in the country to which the specimen is exported who is to have the care and custody of the specimen after the export; and
(b) in relation to a specimen that is imported into Australia or into an external Territory—the person in Australia or that Territory, as the case may be, who is to have the care and custody of the specimen after the import.
relevant CITES authority, in relation to a country, means:
(a) if the country is a party to CITES—a Management Authority of that country; or
(b) if the country is not a party to CITES—a competent authority of that country within the meaning of Article X of CITES.
sender, in relation to a specimen that is imported into Australia or 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.
take includes:
(a) in relation to an animal—harvest, catch, capture, trap and kill; and
(b) in relation to a plant specimen—harvest, pick, gather and cut.
trade means trade within the ordinary meaning of that expression.
Note: See also section 528.
Division 2—CITES specimens
Subdivision A—CITES specimens
303CA CITES specimens
(1) A specimen is a CITES specimen at any time while the specimen is a CITES I specimen, a CITES II specimen or a CITES III specimen.
(2) A specimen is a CITES I specimen if:
(a) the specimen belongs to a species included in Appendix I to CITES; or
(b) a declaration that the specimen is a CITES I specimen is in force under section 303CB.
(3) A specimen is a CITES II specimen if:
(a) the specimen belongs to a species included in Appendix II to CITES; or
(b) a declaration that the specimen is a CITES II specimen is in force under section 303CB.
(4) A specimen is a CITES III specimen if:
(a) the specimen belongs to a species included in Appendix III to CITES; or
(b) a declaration that the specimen is a CITES III specimen is in force under section 303CB.
(5) If an annotation in an Appendix to CITES indicates that only specified kinds of specimens of a species are included in the Appendix, paragraph (2)(a), (3)(a) or (4)(a) (as applicable) refers only to specimens of the specified kinds.
Note: Specimens may be included in an Appendix to CITES subject to restrictions and conditions imposed by or under CITES. These restrictions and conditions are given effect by subsections 303CD(4) and 303CG(3).
(6) For the purposes of this section, assume that the definition of specimen in CITES includes a thing that is a specimen within the meaning of this Act.
303CB Stricter domestic measures
(1) The Minister may, by legislative instrument, declare that:
(a) a specimen that belongs to a species included in Appendix II or III to CITES is a CITES I specimen; or
(b) a specimen that is not a CITES I specimen because of subsection 303CA(5) is a CITES I specimen; or
(c) a specimen that is not a CITES II specimen because of subsection 303CA(5) is a CITES II specimen; or
(d) a specimen that is not a CITES III specimen because of subsection 303CA(5) is a CITES III specimen; or
(e) a specimen that is not a CITES specimen is a CITES I specimen or a CITES II specimen.
(2) If a quantitative limit is imposed by or under CITES in relation to the export or import of a CITES specimen, the Minister may, by legislative instrument, declare that, for the purposes of this Part, a specified lower quantitative limit is taken to be imposed by or under CITES.
Subdivision B—Offences and permit system
303CC Exports of CITES specimens
(1) A person commits an offence if:
(a) the person exports a specimen; and
(b) the specimen is a CITES specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
Authorised export—permit
(2) Subsection (1) does not apply if the specimen is exported in accordance with a permit that was issued under section 303CG, 303GB or 303GC and is in force.
Authorised export—CITES exemptions
(3) Subsection (1) does not apply if the export of the specimen is an export that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non‑commercial exchange of scientific specimens between scientific organisations.
(4) Subsection (1) does not apply if the Minister issues a certificate under subsection (5) in relation to the specimen.
(5) If the Minister is satisfied that a specimen was acquired before the provisions of CITES applied to the specimen, the Minister may issue a certificate to that effect.
(6) Subsection (1) does not apply if the export of the specimen is an export that, under the regulations, is taken to be an export of a personal or household effect.
Note 1: See paragraph 3 of Article VII of CITES.
Note 2: The defendant bears an evidential burden in relation to the matters in subsections (2), (3), (4) and (6) (see subsection 13.3(3) of the Criminal Code).
303CD Imports of CITES specimens
(1) A person commits an offence if:
(a) the person imports a specimen; and
(b) the specimen is a CITES specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
Authorised import—permit
(2) Subsection (1) does not apply if the specimen is imported in accordance with a permit that was issued under section 303CG, 303GB or 303GC and is in force.
Authorised import—CITES exemptions
(3) Subsection (1) does not apply if the import of the specimen is an import that, under the regulations, is taken to be an import of a personal or household effect.
Note: See paragraph 3 of Article VII of CITES.
(4) Subsection (1) does not apply if:
(a) the specimen is a CITES II specimen; and
(b) the specimen is not a live specimen; and
(c) the specimen belongs to a species that is not specified in the regulations; and
(d) in a case where a quantitative limit in relation to the import of the specimen is imposed by or under CITES—the quantity of the specimen does not exceed:
(i) if a lower limit is specified in a declaration in force under subsection 303CB(2)—the lower limit; or
(ii) otherwise—the limit imposed by or under CITES; and
(e) the specimen is within the personal baggage of a person entering Australia or an external Territory; and
(f) the specimen is not intended for sale or for any other commercial purpose; and
(g) both:
(i) the country from which the specimen is proposed to be imported has a relevant CITES authority; and
(ii) permission to export the specimen from that country has been given by a relevant CITES authority of that country.
(5) Subsection (1) does not apply if the import of the specimen is an import that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non‑commercial exchange of scientific specimens between scientific organisations.
(6) Subsection (1) does not apply if:
(a) the country from which the specimen is proposed to be imported has a relevant CITES authority; and
(b) a relevant CITES authority of that country has issued a certificate under paragraph 2 of Article VII of CITES in respect of the specimen.
Note 1: Paragraph 2 of Article VII of CITES deals with a specimen that was acquired before the provisions of CITES applied to the specimen.
Note 2: The defendant bears an evidential burden in relation to the matters in subsections (2), (3), (4), (5) and (6) (see subsection 13.3(3) of the Criminal Code).