(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as extended (if applicable), the applicant has not given the Minister the information, the application is taken to be withdrawn.
303DG Minister may issue permits
(1) The Minister may, on application made by a person under section 303DE, issue a permit to the person. This subsection has effect subject to subsections (3) to (4A).
(2) A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303DD.
(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 3 years after that date.
(3) The Minister must not issue a permit authorising the export of a live native mammal, a live native reptile, a live native amphibian or a live native bird unless the Minister is satisfied that the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA).
(3A) The Minister must not issue a permit authorising the export of a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of paragraph 303DD(3)(ba) unless the Minister is satisfied that:
(a) the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA); or
(b) the proposed export would be an export from an approved aquaculture program in accordance with section 303FM.
(4) The Minister must not issue a permit unless the Minister is satisfied that:
(a) the export of the specimen 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) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
(b) 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
(c) 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; and
(d) if the specimen belongs to an eligible listed threatened species—the export of the specimen is covered by subsection (7) or (8), and the export would not be inconsistent with any recovery plan; and
(e) if the specimen does not belong to an eligible listed threatened species:
(i) the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA); or
(ii) the proposed export would be an eligible commercial purpose export (within the meaning of section 303FJ).
(4A) If the Minister is considering whether to issue a permit relating to a specimen that belongs to a particular eligible listed threatened species, the Minister must, in deciding whether to issue the permit, have regard to any approved conservation advice for the species.
(5) Subsection (4) 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.
(6) The Minister must not issue 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, unless the Minister is satisfied that the specimen was lawfully imported (section 303GY).
Eligible listed threatened species
(7) This subsection covers the export of a specimen if:
(a) the export of the specimen would be an export from an approved captive breeding program in accordance with section 303FK; or
(b) the export of the specimen would be an export from an approved artificial propagation program in accordance with section 303FL; or
(ba) the export of the specimen would be an export from an approved cultivation program in accordance with section 303FLA; or
(c) the export of the specimen would be an export from an approved aquaculture program in accordance with section 303FM;
and the export of the specimen will not adversely affect the conservation status of the species concerned.
Note: See also subsection (3).
(8) This subsection covers the export of a specimen if:
(a) the export of the specimen would be an export for the purposes of research in accordance with section 303FC; or
(b) the export of the specimen would be an export for the purposes of education in accordance with section 303FD; or
(c) the export of the specimen would be an export for the purposes of exhibition in accordance with section 303FE; or
(d) the export of the specimen would be an export for the purposes of conservation breeding or propagation in accordance with section 303FF.
Section has effect subject to section 303GA
(9) 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.
303DH Time limit for making permit decision
If an application for a permit is made under section 303DE, 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 303DF—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).
303DI Duration of permits
A permit under section 303DG:
(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 303DG(2A));
(ii) each period for which one or more conditions of the permit are expressed to apply.
303DJ 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 303DE after the establishment of the register; and
(b) prescribed particulars of decisions made by the Minister under section 303DG 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.
Division 4—Imports of regulated live specimens
Subdivision A—Regulated live specimens
303EA Regulated live specimens
For the purposes of this Act, a regulated live specimen is a specimen that:
(a) is a live animal or a live plant; and
(b) is not included in Part 1 of the list referred to in section 303EB.
303EB Listing of specimens suitable for live import
(1) The Minister must, by legislative instrument, establish a list of specimens that are taken to be suitable for live import.
(2) The list is to be divided into 2 Parts, as follows:
(a) Part 1 is to be a list of unregulated specimens;
(b) Part 2 is to be a list of allowable regulated specimens.
(3) The list may only contain specimens that are live animals or live plants.
(4) Part 1 of the list, as first established, must contain only the specimens referred to in Part I of Schedule 5 or Part I of Schedule 6 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section.
(5) Part 1 of the list must not contain a CITES specimen.
(6) Part 1 of the list is taken to include a live plant the introduction of which into Australia is not inconsistent with the Biosecurity Act 2015.
(7) For each specimen included in Part 2 of the list (except a specimen referred to in subsection (11A)), there is to be a notation that states whether the inclusion of the specimen in that part of the list is subject to restrictions or conditions and, if so, the nature of those restrictions or conditions.
(8) A restriction or condition referred to in subsection (7) may:
(a) consist of a quantitative limit in relation to the import of the specimen; or
(b) relate to the circumstances of the import of the specimen; or
(c) relate to the source of the specimen; or
(d) relate to the circumstances in which the specimen was taken.
(9) Subsection (8) does not limit subsection (7).
(10) Part 2 of the list, as first established, must contain only specimens that were, at any time before the commencement of this section, the subject of an import permit granted under the Wildlife Protection (Regulation of Exports and Imports) Act 1982.
(11) For the purposes of subsection (10), a specimen is taken to have been the subject of an import permit if, and only if, the specimen was identified in the permit at the species or sub‑species level.
(11A) Part 2 of the list is taken to include a live plant that is a CITES specimen the introduction of which into Australia is not inconsistent with the Biosecurity Act 2015.
303EC Minister may amend list
(1) The Minister may, by legislative instrument, amend the list referred to in section 303EB by:
(a) doing any of the following:
(i) including items in a particular part of the list;
(ii) deleting items from a particular part of the list;
(iii) imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject;
(iv) varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or
(b) correcting an inaccuracy or updating the name of a species.
(2) For the purposes of paragraph (1)(b), correcting an inaccuracy includes ensuring that the list complies with subsections 303EB(4) and (10).
(3) Before amending the list referred to in section 303EB 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.
(5) The Minister must not amend the list referred to in section 303EB by including an item in the list, unless:
(a) the amendment is made following consideration of a relevant report under section 303ED or 303EE; or
(b) the amendment is made following consideration of a relevant review under section 303EJ.
(6) 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—Assessments relating to the amendment of the list of specimens suitable for import
303ED Amendment of list on the Minister’s own initiative
(1) The Minister may formulate a proposal for the list referred to in section 303EB to be amended by including an item.
(2) Unless subsection (3) applies, the Minister must:
(a) cause to be conducted an assessment of the potential impacts on the environment of the proposed amendment; and
(b) cause to be prepared a report on those impacts.
The report must be prepared in accordance with section 303EF and be given to the Minister.
(3) This subsection applies if:
(a) Biosecurity Australia has prepared a report (whether before or after the amendment was proposed) on the potential impacts on the environment if the specimen were to be imported; and
(b) the report is of a type specified in regulations made for the purposes of this paragraph; and
(c) the report is given to the Minister; and
(d) the Minister determines that subsection (2) does not apply to the proposed amendment.
(4) A determination made under paragraph (3)(d) is not a legislative instrument.
303EE Application for amendment of list
(1) A person may, in accordance with the regulations, apply to the Minister for the list referred to in section 303EB to be amended by including an item.
(2) The Minister must not consider the application unless either subsection (3) or (4) applies to the proposed amendment.
(3) This subsection applies to the proposed amendment if:
(a) subsection (4) does not apply to the proposed amendment; and
(b) an assessment is made of the potential impacts on the environment of the proposed amendment; and
(c) a report on those impacts is given to the Minister.
The report must be prepared in accordance with section 303EF.
(4) This subsection applies to the proposed amendment if:
(a) Biosecurity Australia has prepared a report (whether before or after the amendment was proposed) on the potential impacts on the environment if the specimen were to be imported; and
(b) the report is of a type specified in regulations made for the purposes of this paragraph; and
(c) the report has been given to the Minister; and
(d) the Minister determines that subsection (3) does not apply to the proposed amendment.
(5) A determination made under paragraph (4)(d) is not a legislative instrument.
303EF Requirement for assessments
(1) The assessment under subsection 303ED(2) or 303EE(3) must provide for:
(a) if the Minister determines that this paragraph applies—the preparation of terms of reference for a report on the relevant impacts; or
(b) if the Minister determines that this paragraph applies—all of the following:
(i) the preparation of draft terms of reference for a report on the relevant impacts;
(ii) the publication of the draft terms of reference for public comment for a period of at least 10 business days that is specified by the Minister;
(iii) the finalisation of the terms of reference, to the Minister’s satisfaction, taking into account the comments (if any) received on the draft terms of reference.
(2) The assessment must also provide for:
(a) the preparation of a draft of a report on the relevant impacts; and
(b) the publication of the draft report for public comment for a period of at least 20 business days that is specified by the Minister; and
(c) the finalisation of the report, taking into account the comments (if any) received after publication of the draft report; and
(d) any other matter prescribed by the regulations.
(3) A determination made under paragraph (1)(a) or (b) is not a legislative instrument.
303EG Timing of decision about proposed amendment
(1) If the Minister receives a report under section 303ED or 303EE in relation to a proposed amendment, the Minister must decide whether or not to make the proposed amendment within:
(a) 30 business days; or
(b) if the Minister, by writing, specifies a longer period—that longer period;
after the first business day after the day on which the report was received.
Notice of extension of time
(2) If the Minister specifies a longer period for the purposes of subsection (1), he or she must:
(a) if section 303EE applies—give a copy of the specification to the applicant; and
(b) publish the specification in accordance with the regulations.
303EH Requesting further information
(1) If:
(a) section 303EE applies; and
(b) the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to make the proposed amendment;
the Minister may request the applicant to give the Minister, within the period specified in the request, information relevant to making the decision.
(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.
303EI Notice of refusal of proposed amendment
If section 303EE applies and the Minister refuses to make the proposed amendment, the Minister must give the applicant notice of the refusal.
303EJ Reviews
If, following consideration of a relevant report under section 303ED or 303EE, the Minister has made a decision to include, or refusing to include, an item in the list referred to in section 303EB, the Minister may review that decision at any time during the period of 5 years after the decision was made.
Subdivision C—Offence and permit system
303EK Imports of regulated live specimens
(1) A person commits an offence if:
(a) the person imports a specimen; and
(b) the specimen is a regulated live specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
Exemption—permit
(2) Subsection (1) does not apply if:
(a) the specimen is included in Part 2 of the list referred to in section 303EB; and
(b) the specimen is imported in accordance with a permit that was issued under section 303CG, 303EN, 303GB or 303GC and is in force.
Exemption—testing permit
(3) Subsection (1) does not apply if the specimen is imported in accordance with a permit that was issued under section 303GD and is in force.
Note: The defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).