(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303EN.
(2) The application must be accompanied by the fee (if any) prescribed by the regulations.
303EM 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as extended (if applicable), the applicant has not given the Minister the information, the application is taken to be withdrawn.
303EN Minister may issue permits
(1) The Minister may, on application made by a person under section 303EL, 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 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 3 years after that date.
(3) The Minister must not issue a permit unless the Minister is satisfied that:
(a) the proposed import would not be:
(i) likely to threaten the conservation status of a species or ecological community; or
(ii) likely to threaten biodiversity; and
(b) the specimen is included in Part 2 of the list referred to in section 303EB; and
(c) if any restriction or condition is applicable to the specimen under a notation in Part 2 of the list referred to in section 303EB—that restriction or condition has been, or is likely to be, complied with; and
(d) the specimen was not obtained in contravention of, and the import would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and
(e) if the specimen 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.
(4) 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.
303EO Time limit for making permit decision
If an application for a permit is made under section 303EL, 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 303EM—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).
303EP Duration of permits
A permit under section 303EN:
(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 303EN(2A));
(ii) each period for which one or more conditions of the permit are expressed to apply.
303EQ 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 303EL after the establishment of the register; and
(b) prescribed particulars of decisions made by the Minister under section 303EN 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 D—Marking of certain specimens for the purposes of identification
303ER Object
The object of this Subdivision is:
(a) to comply with Australia’s obligations under:
(i) the Biodiversity Convention; and
(ii) CITES; and
(b) otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries;
by requiring the marking of certain live specimens for the purposes of identification.
Note: See Article 8 of the Biodiversity Convention.
303ES Specimens to which Subdivision applies
This Subdivision applies to a regulated live specimen if:
(a) the specimen has been imported in accordance with:
(i) a permit under this Division; or
(ii) a permit or authority under the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(b) the specimen is the progeny of a specimen referred to in paragraph (a).
303ET Extended meaning of marking
A reference in this Subdivision to the marking of a specimen includes a reference to the following:
(a) in the case of a live plant:
(i) the marking or labelling of a container in which the plant is kept or in which the plant is growing; and
(ii) the placement of a label or tag on the plant;
(b) in the case of a live animal:
(i) the implantation of a scannable device in the animal; and
(ii) the placement of a band on any part of the animal; and
(iii) the placement (whether by piercing or otherwise) of a tag or ring on any part of the animal; and
(iv) the marking or labelling of a container within which the animal is kept.
303EU Secretary may make determinations about marking of specimens
Determinations
(1) The Secretary may, by legislative instrument, make a determination about the marking of specified kinds of specimens for the purposes of identification.
Matters that may be covered by determination
(2) Without limiting subsection (1), a determination by the Secretary under that subsection may:
(a) require specimens to be marked; and
(b) deal with the manner in which specimens are to be marked; and
(c) deal with the times at which marking is to occur; and
(d) deal with the removal or destruction of marks; and
(e) deal with the replacement or modification of marks; and
(f) require that marking be carried out by persons approved in writing by the Secretary under that determination; and
(g) deal with the circumstances in which marks may be, or are required to be, rendered useless; and
(h) in the case of a mark that consists of a label, tag, band or device:
(i) set out specifications relating to the label, tag, band or device; and
(ii) require that any destruction or removal of the label, tag, band or device be carried out by a person approved in writing by the Secretary under that determination.
Marking of animals not to involve undue pain etc.
(3) In the case of a live animal, a determination under subsection (1) must not require marking that involves:
(a) undue pain or distress to the animal; or
(b) undue risk of the death of the animal.
Marking of plants not to involve undue risk of death
(4) In the case of a live plant, a determination under subsection (1) must not require marking that involves undue risk of the death of the plant.
303EV Offences
Owner to ensure specimens marked etc.
(1) If a determination under section 303EU applies to a specimen, the owner of the specimen must comply with the determination.
Person not to remove or interfere with mark etc.
(2) A person contravenes this subsection if:
(a) a specimen is marked in accordance with a determination under section 303EU; and
(b) the person engages in conduct; and
(c) the conduct causes the removal of the mark or interference with the mark, or renders the mark unusable.
Offence
(3) A person who contravenes subsection (1) or (2) commits an offence punishable on conviction by a fine not exceeding 120 penalty units.
(4) Subsection (2) does not apply if the person engages in the conduct in accordance with a determination under section 303EU.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.
(5) In subsections (1) and (2), strict liability applies to the circumstance that a determination was made under section 303EU.
Note: For strict liability, see section 6.1 of the Criminal Code.
303EW This Subdivision does not limit conditions of permits
This Subdivision does not limit section 303GE (which deals with conditions of permits).
Division 5—Concepts relating to permit criteria
Subdivision A—Non‑commercial purpose exports and imports
303FA Eligible non‑commercial purpose exports
For the purposes of this Part, the export of a specimen is an eligible non‑commercial purpose export if, and only 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; or
(e) the export of the specimen would be an export of a household pet in accordance with section 303FG; or
(f) the export of the specimen would be an export of a personal item in accordance with section 303FH; or
(g) the export of a specimen would be an export for the purposes of a travelling exhibition in accordance with section 303FI.
303FB Eligible non‑commercial purpose imports
For the purposes of this Part, the import of a specimen is an eligible non‑commercial purpose import if, and only if:
(a) the import of the specimen would be an import for the purposes of research in accordance with section 303FC; or
(b) the import of the specimen would be an import for the purposes of education in accordance with section 303FD; or
(c) the import of the specimen would be an import for the purposes of exhibition in accordance with section 303FE; or
(d) the import of the specimen would be an import for the purposes of conservation breeding or propagation in accordance with section 303FF; or
(e) the import of the specimen would be an import of a household pet in accordance with section 303FG; or
(f) the import of the specimen would be an import of a personal item in accordance with section 303FH; or
(g) the import of a specimen would be an import for the purposes of a travelling exhibition in accordance with section 303FI.
303FC Export or import for the purposes of research
(1) The export of a specimen is an export for the purposes of research in accordance with this section if:
(a) the specimen will be used for the purpose of scientific research; and
(b) the objects of the research are covered by any or all of the following subparagraphs:
(i) the acquisition of a better understanding, and/or increased knowledge, of a taxon to which the specimen belongs;
(ii) the conservation of biodiversity;
(iii) the maintenance and/or improvement of human health; and
(c) the export is not primarily for commercial purposes; and
(d) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of research in accordance with this section if:
(a) the specimen will be used for the purpose of scientific research; and
(b) the objects of the research are covered by any or all of the following subparagraphs:
(i) the acquisition of a better understanding, and/or increased knowledge, of a taxon to which the specimen belongs;
(ii) the conservation of biodiversity;
(iii) the maintenance and/or improvement of human health; and
(c) the import is not primarily for commercial purposes; and
(d) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
303FD Export or import for the purposes of education
(1) The export of a specimen is an export for the purposes of education in accordance with this section if:
(a) the specimen will be used for the purpose of education or training; and
(b) the export is not primarily for commercial purposes; and
(c) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of education in accordance with this section if:
(a) the specimen will be used for the purpose of education or training; and
(b) the import is not primarily for commercial purposes; and
(c) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
303FE Export or import for the purposes of exhibition
(1) The export of a specimen is an export for the purposes of exhibition in accordance with this section if:
(a) the specimen will be used for the purpose of an exhibition; and
(b) the export is not primarily for commercial purposes; and
(c) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of exhibition in accordance with this section if:
(a) the specimen will be used for the purpose of an exhibition; and
(b) the import is not primarily for commercial purposes; and
(c) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(3) In this section:
exhibition includes a zoo or menagerie.
303FF Export or import for conservation breeding or propagation
(1) The export of a specimen is an export for the purposes of conservation breeding or propagation in accordance with this section if:
(a) the specimen is a live animal or a live plant; and
(b) the specimen is for use in a program the object of which is the establishment and/or maintenance of a breeding population; and
(c) the program is a program that, under the regulations, is taken to be an approved co‑operative conservation program; and
(d) the export is not primarily for commercial purposes; and
(e) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of conservation breeding or propagation in accordance with this section if:
(a) the specimen is a live animal or a live plant; and
(b) the specimen is for use in a program the object of which is the establishment and/or maintenance of a breeding population; and
(c) the program is a program that, under the regulations, is taken to be an approved co‑operative conservation program; and
(d) the import is not primarily for commercial purposes; and
(e) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
303FG Export or import of household pets
Export of live native animals
(1) The export of a live native animal (other than a CITES specimen) is an export of a household pet in accordance with this section if:
(a) the animal is included in the list referred to in subsection (4); and
(b) the export is not primarily for commercial purposes; and
(c) such other conditions as are specified in the regulations have been, or are likely to be, satisfied.
Export of live CITES specimens
(2) The export of a CITES specimen is an export of a household pet in accordance with this section if:
(a) the specimen is a live animal; and
(b) if the animal is a native animal—the animal is included in the list referred to in subsection (4); and
(c) the export is not primarily for commercial purposes; and
(d) such other conditions as are specified in the regulations have been, or are likely to be, satisfied.
Import of live animals
(3) The import of a live animal is an import of a household pet in accordance with this section if:
(a) the conditions specified in the regulations have been, or are likely to be, satisfied; and
(b) the import is not primarily for commercial purposes; and
(c) the animal is included in Part 2 of the list referred to in section 303EB.
Listing of native household pet animals
(4) The Minister must, by legislative instrument, establish a list of native household pet animals.
(5) The list, as first established, must contain the animals referred to in Schedule 7 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section.
(6) The Minister may, by legislative instrument, amend the list referred to in subsection (4) by:
(a) including or deleting items from the list; or
(b) correcting an inaccuracy or updating the name of a species.
(7) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument to which paragraph (6)(b) of this section applies.
303FH Export or import of personal items
(1) The export of a specimen is an export of a personal item in accordance with this section if:
(a) the specimen is not a live specimen; and
(b) the export is not primarily for commercial purposes; and
(c) the conditions specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import of a personal item in accordance with this section if:
(a) the specimen is not a live specimen; and
(b) the import is not primarily for commercial purposes; and
(c) the conditions specified in the regulations have been, or are likely to be, satisfied.
303FI Export or import for the purposes of a travelling exhibition