(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303CG.
(2) The application must be accompanied by the fee (if any) prescribed by the regulations.
303CF Further information
(1) The Minister may, within 40 business days after the application is made, request the applicant to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.
(2) The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.
(3) The Minister may, if requested to do so by the applicant, agree in writing to extend the specified period for giving the information.
(4) If, at the end of the specified period, as extended (if applicable), the applicant has not given the Minister the information, the application is taken to be withdrawn.
303CG Minister may issue permits
(1) The Minister may, on application made by a person under section 303CE, issue a permit to the person. This subsection has effect subject to subsection (3).
(2) A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303CC, 303CD, 303DD or 303EK.
(2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 6 months after that date.
(3) The Minister must not issue a permit unless the Minister is satisfied that:
(a) the action or actions specified in the permit will not be detrimental to, or contribute to trade which is detrimental to:
(i) the survival of any taxon to which the specimen belongs; or
(ii) the recovery in nature of any taxon to which the specimen belongs; or
(iii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
(b) the specimen was not obtained in contravention of, and the action or actions specified in the permit would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and
(c) if the specimen is a live specimen that belongs to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimen have been, or are likely to be, complied with; and
(d) if the specimen is a CITES specimen and a restriction or condition for the specimen is imposed by or under CITES:
(i) for a restriction or condition that is a quantitative limit for which a lower limit is specified in a declaration in force under subsection 303CB(2)—the lower limit has been, or is likely to be, complied with; or
(ii) otherwise—the restriction or condition has been, or is likely to be, complied with; and
(e) if the permit authorises the export of a CITES specimen:
(i) the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA); or
(ii) the relevant conditions set out in the table in section 303CH have been met; and
(f) if the permit authorises the import of a CITES specimen:
(i) the proposed import would be an eligible non‑commercial purpose import (within the meaning of section 303FB); or
(ii) the relevant conditions set out in the table in section 303CH have been met; and
(g) if:
(i) the permit authorises the import of a CITES II specimen; and
(ii) the proposed import would be an eligible non‑commercial purpose import (within the meaning of section 303FB);
the country from which the specimen is proposed to be imported has a relevant CITES authority and permission to export the specimen from that country has been given by a relevant CITES authority of that country; and
(h) if the permit authorises the export of a CITES specimen that is a regulated native specimen—the conditions set out in subsection 303DG(4) have been met; and
(i) if the permit authorises the import of a CITES specimen that is a regulated live specimen—the conditions set out in subsection 303EN(3) have been met.
(4) Subsection (3) does 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.
(5) The Minister must not issue a permit to export a specimen (other than a live animal) that has been imported into Australia or an external Territory, unless the Minister is satisfied that:
(a) the specimen was lawfully imported (section 303GY); and
(b) if the specimen is a CITES I specimen:
(i) the country to which the specimen is proposed to be exported has a relevant CITES authority; and
(ii) permission to import that specimen into that country has been given by a relevant CITES authority of that country.
(6) This section has effect subject to section 303GA.
Note: Section 303GA deals with controlled actions, and actions for which a non‑Part 13A permit is required.
303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes
(1) The following table sets out the conditions mentioned in paragraphs 303CG(3)(e) and (f):
Specific conditions
Item Category of specimen Action Specific conditions
1 CITES I Import (a) the proposed import would be an import from an approved CITES‑registered captive breeding program in accordance with section 303FK; or(b) the specimen is, or is derived from, a plant that was artificially propagated (section 527C).
2 CITES I Export (a) the specimen is not a live native mammal, a live native amphibian, a live native reptile or a live native bird; and(b) the country to which the specimen is proposed to be exported has a relevant CITES authority, and permission to import that specimen into that country has been given by a relevant CITES authority of that country; and(c) the proposed export would be an export from:(i) an approved CITES‑registered captive breeding program in accordance with section 303FK; or(ii) an approved artificial propagation program in accordance with section 303FL.
3 CITES II Import (a) for any specimen—the country from which the specimen is proposed to be imported has a relevant CITES authority and permission to export the specimen from that country has been given by a relevant CITES authority of that country; and(b) for a specimen that:(i) is specified by the Minister under subsection (2) as a declared specimen; and(ii) is not, or is not derived from, an animal that was bred in captivity (section 527B); and(iii) is not, or is not derived from, a plant that was artificially propagated (section 527C); the proposed import of the specimen would be an import from an approved commercial import program in accordance with section 303FU.
4 CITES II Export (a) the specimen is not a live native mammal, a live native amphibian, a live native reptile or a live native bird; and(b) the proposed export of the specimen would be:(i) an export from an approved captive breeding program in accordance with section 303FK; or(ii) an export from an approved artificial propagation program in accordance with section 303FL; or(iia) an export from an approved cultivation program in accordance with section 303FLA; or(iii) an export in accordance with an approved wildlife trade operation (section 303FN); or(iv) an export in accordance with an approved wildlife trade management plan (section 303FO).
5 CITES III Import The country from which the specimen is proposed to be imported has a relevant CITES authority, and permission to export the specimen from that country has been given by a relevant CITES authority of that country.
6 CITES III Export (a) the specimen is not a live native mammal, a live native amphibian, a live native reptile or a live native bird; and(b) the proposed export of the specimen would be:(i) an export from an approved captive breeding program in accordance with section 303FK; or(ii) an export from an approved artificial propagation program in accordance with section 303FL; or(iia) an export from an approved cultivation program in accordance with section 303FLA; or(iii) an export in accordance with an approved wildlife trade operation (section 303FN); or(iv) an export in accordance with an approved wildlife trade management plan (section 303FO).
(2) The Minister may, by notifiable instrument, specify a specimen as a declared specimen for the purposes of subparagraph (b)(i) of item 3 of the table in subsection (1).
Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.
303CI Time limit for making permit decision
If an application for a permit is made under section 303CE, the Minister must either issue, or refuse to issue, the permit within 40 business days after whichever is the latest of the following days:
(a) the day on which the application is made;
(b) if a request for further information in relation to the application is made under section 303CF—the day on which the applicant complies with the request;
(c) if section 303GA applies to the application—the day that is applicable under subsection 303GA(2).
303CJ Duration of permits
A permit under section 303CG:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force until all of the following periods have ended:
(i) the permitted period (within the meaning of subsection 303CG(2A));
(ii) each period for which one or more conditions of the permit are expressed to apply.
303CK Register of applications and decisions
(1) As soon as practicable after the commencement of this section, the Minister must cause to be established a register that sets out:
(a) prescribed particulars of applications made under section 303CE after the establishment of the register; and
(b) prescribed particulars of decisions made by the Minister under section 303CG after the establishment of the register.
(2) The register may be maintained by electronic means.
(3) The register is to be made available for inspection on the internet.
Subdivision C—Application of CITES
303CL Application of CITES—Management Authority and Scientific Authority
For the purposes of the application of CITES to Australia:
(a) the Minister is the Management Authority; and
(b) the Secretary is the Scientific Authority.
303CM Interpretation of CITES provisions
(1) Except so far as the contrary intention appears, an expression that:
(a) is used in the CITES provisions without definition; and
(b) is used in CITES (whether or not it is defined in, or a particular meaning is assigned to it by, CITES);
has, in the CITES provisions, the same meaning as it has in CITES.
(2) For the purposes of subsection (1), the CITES provisions consist of:
(a) this Division; and
(b) any other provision of this Act in so far as that other provision relates to, or to permits under, this Division.
303CN Resolutions of the Conference of the Parties to CITES
(1) In making a decision under this Part in relation to a CITES specimen, the Minister may have regard to a relevant resolution of the Conference of the Parties under Article XI of CITES.
(2) Subsection (1) applies to a resolution, whether made before or after the commencement of this section.
Division 3—Exports of regulated native specimens
Subdivision A—Regulated native specimens
303DA Regulated native specimens
For the purposes of this Act, a regulated native specimen is a specimen that:
(a) is, or is derived from, a native animal or a native plant; and
(b) is not included in the list referred to in section 303DB.
303DB Listing of exempt native specimens
(1) The Minister must, by legislative instrument, establish a list of exempt native specimens.
(2) For each specimen included in the list, there is to be a notation that states whether the inclusion of the specimen in the list is subject to restrictions or conditions and, if so, the nature of those restrictions or conditions.
(3) A restriction or condition mentioned in subsection (2) may:
(a) consist of a quantitative limit in relation to the export of the specimen; or
(b) relate to the circumstances of the export of the specimen; or
(c) relate to the source of the specimen; or
(d) relate to the circumstances in which the specimen was taken or, if the specimen is derived from another specimen that was taken, the circumstances in which the other specimen was taken; or
(e) relate to an expiry date for the inclusion of the specimen on the list.
(4) Subsection (3) does not limit subsection (2).
(5) The list, as first established, must:
(a) contain the specimens referred to in Part I of Schedule 4 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section; and
(b) reflect the restrictions and conditions that are applicable to the inclusion of those specimens in that Part of that Schedule.
(6) The list must not include a specimen that belongs to an eligible listed threatened species unless:
(a) the Minister is satisfied that the export of the specimen will not:
(i) adversely affect the conservation status of the species concerned; and
(ii) be inconsistent with any recovery plan or wildlife conservation plan; and
(aa) the Minister has had regard to any approved conservation advice for that species; and
(b) the inclusion of the specimen on the list is subject to a restriction or condition to the effect that:
(i) the specimen must be, or be derived from, a plant that was artificially propagated (section 527C); and
(ii) the specimen was propagated in an operation that has derived its stock in a way that did not breach a law of the Commonwealth, a State or a Territory.
303DC Minister may amend list
(1) The Minister may, by legislative instrument, amend the list referred to in section 303DB by:
(a) doing any of the following:
(i) including items in the list;
(ii) deleting items from the list;
(iii) imposing a condition or restriction to which the inclusion of a specimen in the list is subject;
(iv) varying or revoking a condition or restriction to which the inclusion of a specimen in the list is subject; or
(b) correcting an inaccuracy or updating the name of a species.
(1A) In deciding whether to amend the list referred to in section 303DB to include a specimen derived from a commercial fishery, the Minister must rely primarily on the outcomes of any assessment in relation to the fishery carried out for the purposes of Division 1 or 2 of Part 10.
(1B) Subsection (1A) does not apply to an amendment mentioned in paragraph (1)(b).
(1C) Subsection (1A) does not limit the matters that may be taken into account in deciding whether to amend the list referred to in section 303DB to include a specimen derived from a commercial fishery.
(1D) In this section:
fishery has the same meaning as in section 303FN.
(2) For the purposes of paragraph (1)(b), correcting an inaccuracy includes ensuring that the list complies with subsection 303DB(5).
(3) Before amending the list referred to in section 303DB as mentioned in paragraph (1)(a) of this section, the Minister:
(a) must consult such other Minister or Ministers as the Minister considers appropriate; and
(b) must consult such other Minister or Ministers of each State and self‑governing Territory as the Minister considers appropriate; and
(c) may consult such other persons and organisations as the Minister considers appropriate.
(4) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument to which paragraph (1)(b) of this section applies.
Subdivision B—Offence and permit system
303DD Exports of regulated native specimens
(1) A person commits an offence if:
(a) the person exports a specimen; and
(b) the specimen is a regulated native specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
Exemption—permit
(2) Subsection (1) does not apply if the specimen is exported in accordance with a permit that was issued under section 303CG, 303DG, 303GB or 303GC and is in force.
Exemption—accredited wildlife trade management plan
(3) Subsection (1) does not apply if:
(a) the export of the specimen would be an export in accordance with an accredited wildlife trade management plan (section 303FP); and
(b) the specimen is not a live native mammal, a live native reptile, a live native amphibian or a live native bird; and
(ba) either:
(i) the specimen is not a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of this subparagraph; or
(ii) the export is an export from an approved aquaculture program in accordance with section 303FM; and
(c) the specimen is not a CITES specimen; and
(d) the specimen does not belong to an eligible listed threatened species.
Exemption—exchange of scientific specimens
(4) 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.
Note: The defendant bears an evidential burden in relation to the matters in subsections (2), (3) and (4) (see subsection 13.3(3) of the Criminal Code).
303DE Applications for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303DG.
(2) The application must be accompanied by the fee (if any) prescribed by the regulations.