Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001
Div 2CITES species
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(1) The Minister must, by instrument published in the Gazette, establish a list of CITES species for the purposes of this Act.
(2) The Minister must ensure that the list is established on the commencement of this section.
Note: See section 4 of the Acts Interpretation Act 1901.
(3) The list must include all species from time to time included in any of Appendices I, II and III to CITES. The list must not include any other species.
(4) For each species included in the list, there is to be a notation:
(a) describing the specimens belonging to that species that are included in a particular Appendix to CITES; and
(b) identifying the Appendix in which the species is included; and
(c) identifying the date on which the provisions of CITES first applied to the specimens.
(5) A description mentioned in paragraph (4)(a):
(a) may cover all specimens that belong to the species; or
(b) may cover specified kinds of specimens that belong to the species; or
(c) may state that the inclusion of a specimen in a particular Appendix to CITES is subject to restrictions or conditions.
(6) A restriction or condition mentioned in paragraph (5)(c) may:
(a) impose a quantitative limit in relation to the export or import of a specimen; or
(b) relate to the imposition of a quota in relation to the export or import of specimens; or
(c) relate to a particular population of a species; or
(d) reflect any other restriction or condition set out in the relevant Appendix to CITES.
(7) Subsection (6) does not limit paragraph (5)(c).
(8) A notation in the list is to be consistent with CITES.
(9) The Minister may, by instrument published in the Gazette:
(a) correct an inaccuracy or update the name of a species; or
(b) amend the list, as necessary, so that it includes all species required to be included in the list under subsection (3); or
(c) amend the list, as necessary, so that the notations in the list are consistent with CITES.
(10) A copy of an instrument under subsection (1) or (9) is to be made available for inspection on the Internet.
(11) For the purposes of this section, it is to be assumed that the definition of specimen in CITES includes a reference to a thing that is a specimen for the purposes of this Act.
Note: See also section 303CB.
Division Div 2 - Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001 - CITES species | Zoe
303CB Stricter domestic measures
(1) The Minister may, by instrument published in the Gazette, declare that the list referred to in section 303CA has effect as if it were modified as set out in the declaration.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) The Minister must not make a declaration under subsection (1) unless:
(a) the modification has the effect of treating a specified specimen that is included in Appendix II to CITES as if the specimen were included in Appendix I to CITES; or
(b) the modification has the effect of broadening the range of specimens included in a specified Appendix to CITES in relation to a specified species; or
(c) the modification has the effect of decreasing a quantitative limit in relation to the export or import of a specimen; or
(d) the modification has the effect of treating a specified specimen that is not included in Appendix I, II or III to CITES as if the specimen were included in Appendix I to CITES; or
(e) the modification has the effect of treating a specified specimen that is not included in Appendix I, II or III to CITES as if the specimen were included in Appendix II to CITES.
(3) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(4) A copy of an instrument under subsection (1) is to be made available for inspection on the Internet.
(5) A reference in this Act to the list referred to in section 303CA is a reference to that list as modified under this section.
Subdivision B—Offences and permit system
303CC Exports of CITES specimens
(a) the person exports a specimen; and
(b) the specimen is a CITES specimen.
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
(a) the person imports a specimen; and
(b) the specimen is a CITES specimen.
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 is applicable to the specimen under a notation in the list referred to in section 303CA—the quantity of the specimen does not exceed that limit; 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).
303CE Applications for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303CG.
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.
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 without breaching section 303CC, 303CD, 303DD or 303EK.
(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 any restriction or condition is applicable to the specimen under a notation in the list referred to in section 303CA—that 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.
303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes
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) 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) any of the following subparagraphs applies:(i) the proposed import of the specimen would be an import from an approved commercial import program in accordance with section 303FU;(ii) the specimen is, or is derived from, an animal that was bred in captivity (section 527B);(iii) the specimen is, or is derived from, a plant that was artificially propagated (section 527C).
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(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(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).
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:
(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;
303CJ Duration of permits
A permit under section 303CG:
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.
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.