(4) The Minister may make a declaration about a plan or operation even though he or she considers that the plan or operation should be the subject of the declaration 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 declaration is to specify the period, circumstances or condition.
(5) If a declaration specifies a particular period as mentioned in subsection (4), the declaration ceases to be in force at the end of that period.
(6) If a declaration specifies circumstances as mentioned in subsection (4), the Minister must, by instrument published in the Gazette, revoke the declaration if he or she is satisfied that those circumstances have ceased to exist.
(7) The Minister may, by instrument published in the Gazette, vary a declaration by:
(a) specifying one or more conditions (or further conditions) to which the declaration is subject; or
(b) revoking or varying a condition:
(i) specified in the instrument of declaration; or
(ii) specified under paragraph (a).
(8) A condition may relate to reporting or monitoring.
(9) The Minister must, by instrument published in the Gazette, revoke a declaration if he or she is satisfied that a condition of the declaration has been contravened.
(10) The Minister may, by instrument published in the Gazette, revoke a declaration at any time.
(11) A copy of an instrument under section 303FN, 303FO or 303FP or this section is to be made available for inspection on the internet.
303FU Approved commercial import program
The import of a specimen is an import from an approved commercial import program in accordance with this section if the specimen is sourced from a program that, under the regulations, is taken to be an approved commercial import program.
Division 6—Miscellaneous
303GA Permit decision—controlled action, and action for which a non‑Part 13A permit is required
(1) This section applies if:
(a) an application is made under section 303CE, 303DE or 303EL for a permit (the first permit) to authorise the taking of an action (the proposed action); and
(b) the Minister considers that:
(i) the proposed action may be or is a controlled action; or
(ii) the proposed action is related to an action (the related action) that may be or is a controlled action; or
(iii) the proposed action is an action for which a non‑Part 13A permit is required; or
(iv) the proposed action is related to an action (the related action) that is an action for which a non‑Part 13A permit is required.
Deferral of decision
(2) The Minister must neither issue, nor refuse to issue, the first permit before whichever is the latest of the following days:
(a) if subparagraph (1)(b)(i) applies—the day on which the Minister makes a decision under section 75 about whether the proposed action is a controlled action;
(b) if subparagraph (1)(b)(i) applies and the Minister makes a decision under section 75 that the proposed action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;
(c) if subparagraph (1)(b)(ii) applies—the day on which the Minister makes a decision under section 75 about whether the related action is a controlled action;
(d) if subparagraph (1)(b)(ii) applies and the Minister makes a decision under section 75 that the related action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;
(e) if subparagraph (1)(b)(iii) applies—the day on which a decision is made to issue, or to refuse to issue, the non‑Part 13A permit referred to in that subparagraph;
(f) if subparagraph (1)(b)(iv) applies—the day on which a decision is made to issue, or to refuse to issue, the non‑Part 13A permit referred to in that subparagraph.
Refusal of permit
(3) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(i) applies; and
(b) the Minister makes a decision under section 75 that the proposed action is a controlled action; and
(c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
(4) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(ii) applies; and
(b) the Minister makes a decision under section 75 that the related action is a controlled action; and
(c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
(5) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(iii) applies; and
(b) a decision is made to refuse to issue the non‑Part 13A permit referred to in that subparagraph.
(6) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(iv) applies; and
(b) a decision is made to refuse to issue the non‑Part 13A permit referred to in that subparagraph.
Action for which a non‑Part 13A permit is required
(7) For the purposes of this section, an action that a person proposes to take is an action for which a non‑Part 13A permit is required if the taking of the action by the person without a non‑Part 13A permit would be prohibited by this Act or the regulations if it were assumed that this Part had not been enacted.
(8) For the purposes of this section, a non‑Part 13A permit is a permit issued under this Act (other than this Part) or the regulations.
Related action
(9) For the purposes of this section, if a specimen was taken, the action of exporting or importing the specimen is related to:
(a) that taking; and
(b) any action that affected the specimen after that taking and before that export or import.
(10) For the purposes of this section, if a specimen is derived from a specimen that was taken, the action of exporting or importing the first‑mentioned specimen is related to:
(a) that taking; and
(b) any action that affected the first‑mentioned specimen, or either of those specimens, after that taking and before that export or import.
303GB Exceptional circumstances permit
(1) If:
(a) the Minister is considering an application by a person for a permit to be issued under section 303CG, 303DG or 303EN in relation to a specimen; and
(b) under this Part, the Minister is precluded from issuing that permit unless the Minister is satisfied in relation to a matter; and
(c) even though the Minister is not satisfied in relation to that matter, the Minister is satisfied that:
(i) the export or import of the specimen, as the case may be, would not be contrary to the objects of this Part; and
(ii) exceptional circumstances exist that justify the proposed export or import of the specimen; and
(iii) the export or import of the specimen, as the case may be, would not adversely affect biodiversity;
the Minister may issue a permit to the person.
(1A) The Minister must not issue a permit under this section unless the grant of that permit would not be contrary to CITES.
(2) A permit under this section authorises the holder of the permit 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:
(a) if the permit relates to a CITES specimen—6 months after that date; or
(b) if the permit relates to a specimen other than a CITES specimen—12 months after that date.
Duration of permit
(3) A permit under this section:
(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 (2A));
(ii) each period for which one or more conditions of the permit are expressed to apply.
Further information
(5) The Minister may, within 40 business days after an application is made as mentioned in subsection (1), 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.
(6) The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.
Public consultation
(7) Before issuing a permit under this section, the Minister must cause to be published on the internet a notice:
(a) setting out the proposal to issue the permit; and
(b) setting out sufficient information to enable persons and organisations to consider adequately the merits of the proposal; and
(c) inviting persons and organisations to give the Minister, within the period specified in the notice, written comments about the proposal.
(8) A period specified in a notice under subsection (7) must not be shorter than 5 business days after the date on which the notice was published on the internet.
(9) In making a decision under subsection (1) about whether to issue a permit, the Minister must consider any comments about the proposal to issue the permit that were given in response to an invitation under subsection (7).
303GC Permit authorising the Secretary to export or import specimens
(1) The Secretary may apply to the Minister for a permit to be issued under subsection (2).
(2) The Minister may, on application made by the Secretary under subsection (1), issue a permit to the Secretary. This subsection has effect subject to subsections (4) and (5).
(3) A permit under subsection (2) authorises the Secretary to take the action or actions specified in the permit, in the permitted period, without breaching section 303CC, 303CD, 303DD or 303EK.
(3A) For the purpose of subsection (3), 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 12 months after that date.
(4) The Minister must not issue a permit under this section to export a specimen unless the Minister is satisfied that:
(a) both:
(i) the recipient of the specimen will be a relevant CITES authority of a country; and
(ii) the specimen will be used by that relevant CITES authority for the purpose of the identification of a specimen and/or for the purpose of education or training; or
(b) both:
(i) the specimen has been seized under this Act; and
(ii) the specimen will be used to facilitate investigations in or outside Australia in relation to trade relating to wildlife.
(5) The Minister must not issue a permit under this section to import a specimen unless the Minister is satisfied that:
(a) the specimen will be used by the Secretary for the purposes of the identification of a specimen; or
(b) both:
(i) the sender of the specimen will be a relevant CITES authority of a country; and
(ii) the specimen will be used for the purpose of the identification of a specimen and/or for the purpose of education or training; or
(c) the specimen was exported from Australia in contravention of:
(i) this Part; or
(ii) the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(d) the specimen will be used to facilitate investigations in or outside Australia in relation to trade relating to wildlife.
(6) A permit under this section:
(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 (3A));
(ii) each period for which one or more conditions of the permit are expressed to apply.
303GD Testing permit—section 303EE assessments
Applications for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under subsection (5).
(2) The application must be accompanied by the fee (if any) prescribed by the regulations.
Further information
(3) The Minister may, within 40 business days after the application is made, request the person 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.
(4) The Minister may refuse to consider the application until the person gives the Minister the information in accordance with the request.
Minister may issue permits
(5) The Minister may, on application made by a person under subsection (1), issue a permit to the person. This subsection has effect subject to subsections (7) and (8).
(6) A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303EK.
(6A) For the purpose of subsection (6), 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.
(7) The Minister must not issue a permit to a person unless the Minister is satisfied that:
(a) the person has made an application to the Minister under section 303EE for the list referred to in section 303EB to be amended by including an item; and
(b) if the proposed amendment were made, the specimen would be covered by the item; and
(c) the specimen is not a CITES specimen; and
(d) if an assessment is to be made under subsection 303EE(3) of the potential impacts on the environment of the proposed amendment—the terms of reference for a report on the assessment have been:
(i) prepared as mentioned in paragraph 303EF(1)(a); or
(ii) finalised as mentioned in subparagraph 303EF(1)(b)(iii); and
(e) the person proposes to conduct tests on the specimen in Australia in order to obtain information for the assessment; and
(f) the information is required for the assessment; and
(g) it is not reasonably practicable for the person to obtain the information without conducting the tests in Australia; and
(h) the tests will be conducted in a controlled environment.
(8) The Minister must not issue a permit under this section unless the permit is subject to one or more conditions about holding the specimen in quarantine.
Duration of permit
(9) A permit under this section:
(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 (6A));
(ii) each period for which one or more conditions of the permit are expressed to apply.
Investigations
(10) A reference in this section to tests on the specimen includes a reference to investigations relating to the specimen.
303GE Conditions of permits
(1) This section applies to a permit issued under this Part.
(2) A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (3).
(3) The Minister may, in accordance with the regulations:
(a) vary or revoke a condition of a permit; or
(b) impose further conditions of a permit.
(4) The Minister’s powers under subsection (3) may be exercised:
(a) on the Minister’s own initiative; or
(b) on the application of the holder of the permit concerned.
(5) If a permit authorises its holder to take a particular action, a condition of the permit may require the holder to do, or not do, an act or thing before, at or after the time when the action takes place.
(5A) Without limiting subsection (5), a condition of a permit may be expressed to apply for a period that will not end until after the export or import of a specimen under the permit has occurred, including for example:
(a) a period the length of which is known when the condition is imposed (such as a period that is expressed as a specified number of years); or
(b) a period the length of which is unknown when the condition is imposed (such as a period that is expressed as the life of the specimen, or the life of progeny of the specimen).
Note: Conditions may, for example, relate to how a specimen, and its progeny, are kept or dealt with during their lifetimes.
(6) If a person is given an authority under section 303GG by the holder of a permit, subsections (5) and (5A) apply to the person in a corresponding way to the way in which they apply to the holder of the permit.
(7) Subsections (4), (5), (5A) and (6) are to be disregarded in determining the meaning of a provision of this Act (other than a provision of this Part) that relates to conditions of permits issued otherwise than under this Part.
303GF Contravening conditions of a permit
(1) This section applies to a permit issued under this Part.
(2) A person commits an offence if:
(a) the person is:
(i) the holder of a permit; or
(ii) a person to whom an authority under section 303GG has been given by the holder of a permit; and
(b) the person engages in conduct; and
(c) the conduct results in a contravention of a condition of the permit.
Penalty: 300 penalty units.
(3) The holder of a permit commits an offence if:
(a) the person is:
(i) the holder of a permit; or
(ii) a person to whom an authority under section 303GG has been given by the holder of a permit; and
(b) the person engages in conduct; and
(c) the conduct results in a contravention of a condition of the permit; and
(d) the condition relates to:
(i) the sale or other disposal of a live animal or a live plant; or
(ii) the sale or other disposal of the progeny of a live animal or a live plant; or
(iii) the release from captivity of a live animal; or
(iv) the release from captivity of the progeny of a live animal; or