Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001
Div 6Miscellaneous
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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
Division Div 6 - Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001 - Miscellaneous | Zoe
(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
(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 without breaching section 303CC, 303CD, 303DD or 303EK.
Duration of permit
(3) A permit under this section that relates to a CITES specimen:
(4) A permit under this section that relates to a specimen other than a CITES specimen:
(i) a period of 12 months beginning on the date on which it is issued; or
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 without breaching section 303CC, 303CD, 303DD or 303EK.
(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:
(i) a period of 12 months beginning on the date on which it is issued; or
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).
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 without breaching section 303EK.
(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) an assessment is to be made under section 303EE of the potential impacts on the environment of the proposed amendment, and the terms of reference for a report on the assessment have been finalised; 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:
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
(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.
(6) If a person is given an authority under section 303GG by the holder of a permit, subsection (5) applies to the person in a corresponding way to the way in which it applies to the holder of the permit.
(7) Subsections (4), (5) 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
(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
(c) the conduct results in a contravention of a condition of the permit.
Penalty: 300 penalty units.
(3) The holder of a permit is guilty of 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
(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
(v) the escape of a live plant.
Penalty: 600 penalty units.
(4) For the purposes of subsection (3), a person is taken to have released an animal from captivity if:
(a) that animal has escaped from captivity; and
(b) either:
(i) the person allowed the animal to escape; or
(ii) the person failed to take all reasonable measures to prevent the animal from escaping.
(4A) For the purposes of subsection (3), a person is taken to have allowed a plant to escape if:
(a) the plant has grown or propagated in the wild; and
(b) either:
(i) the person allowed the plant to escape; or
(ii) the person failed to take all reasonable measures to prevent the plant from growing or propagating in the wild.
(5) In subsections (2) and (3), strict liability applies to the circumstance that the person was given an authority under section 303GG.
303GG Authorities under permits
(2) Except as provided in this section, a permit does not authorise the taking of any action by a person for or on behalf of the holder of the permit.
(3) Subject to subsection (4), the holder of a permit may give a person written authority to take for or on behalf of the holder any action authorised by the permit. The authority may be given generally or as otherwise provided by the instrument of authority.
(4) The holder of a permit must not give an authority unless:
(a) the permit contains a condition permitting the holder to do so; and
(b) the authority is given in accordance with any requirements set out in the condition.
(5) A permit is, for the purposes of this Act, taken to authorise the taking of a particular action by a person if the taking of that action by the person is authorised by an authority given by the holder of the permit.
(6) The giving of an authority does not prevent the taking of any action by the holder of the permit.
(7) A person who gives an authority must give to the Minister written notice of it within 14 days after giving the authority.
303GH Transfer of permits
(2) On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
(3) In deciding whether to transfer the permit to another person, the Minister must consider whether the transferee is a suitable person to hold the permit, having regard to the matters set out in the regulations.
303GI Suspension or cancellation of permits
(2) The Minister may, in accordance with the regulations:
(a) suspend a permit for a specified period; or
(b) cancel a permit.
303GJ Review of decisions
(1) An application may be made to the Tribunal for review of a decision:
(a) to issue or refuse a permit; or
(b) to specify, vary or revoke a condition of a permit; or
(c) to impose a further condition of a permit; or
(d) to transfer or refuse to transfer a permit; or
(e) to suspend or cancel a permit; or
(f) to issue or refuse a certificate under subsection 303CC(5); or
(g) of the Secretary under a determination in force under section 303EU; or
(h) to make or refuse a declaration under section 303FN, 303FO or 303FP; or
(i) to vary or revoke a declaration under section 303FN, 303FO or 303FP.
(2) In giving a direction as to the persons who are to constitute the Tribunal for the purposes of a review of a decision of the Minister to issue or refuse a permit, where any of the following provisions are relevant for the purposes of the review:
(a) paragraph 303CG(3)(a);
(b) paragraph 303CG(3)(c);
(c) paragraph 303DG(4)(a);
(d) paragraph 303DG(4)(b);
(e) paragraph 303EN(3)(e);
the President of the Tribunal must ensure that, for the purposes of the review, the Tribunal is constituted by, or includes, a member of the Tribunal who, in the opinion of the President, has special knowledge or skill in relation to environmental matters.
permit means a permit under this Part.
Tribunal means:
(a) before the commencement of Parts 4 to 10 of the Administrative Review Tribunal Act 2001—the Administrative Appeals Tribunal; and
(b) after the commencement of Parts 4 to 10 of the Administrative Review Tribunal Act 2001—the Administrative Review Tribunal.
303GK Permit to be produced
Export permit
(1) For the purposes of this Part, if the holder of a permit to export a specimen exports that specimen, he or she is not to be taken to have exported that specimen in accordance with that permit unless, before exporting the specimen, he or she:
(a) produced the permit, or caused the permit to be produced, to an authorised officer doing duty in relation to the export of the specimen; or
(b) received written notice from the Secretary authorising the export of the specimen without the production of the permit.
(2) The Secretary must not give the notice referred to in paragraph (1)(b) unless he or she:
(a) is satisfied that the production of the permit is impracticable; and
(b) endorses a copy of the permit to show that the notice is being given; and
(c) makes that copy available to an authorised officer doing duty in relation to the export of the specimen.
Import permit
(3) For the purposes of this Part, if the holder of a permit to import a specimen imports that specimen, he or she is not to be taken to have imported that specimen in accordance with that permit unless, before or within a reasonable time after importing the specimen, he or she produced the permit, or caused the permit to be produced, to an authorised officer doing duty in relation to the import of the specimen.
Authorities under section 303GG
(4) If a person is given an authority under section 303GG by the holder of a permit, this section applies to the person in a corresponding way to the way in which it applies to the holder of the permit.
303GL Pre‑CITES certificate to be produced
Export certificate
(1) If a person exports a specimen and wishes to rely on a certificate issued under subsection 303CC(5), he or she is not entitled to rely on that certificate unless, before exporting the specimen, he or she:
(a) produced the certificate, or caused the certificate to be produced, to an authorised officer doing duty in relation to the export of the specimen; or
(b) received written notice from the Secretary authorising the export of the specimen without the production of the certificate.
(2) The Secretary must not give the notice referred to in paragraph (1)(b) unless he or she:
(a) is satisfied that the production of the certificate is impracticable; and
(b) endorses a copy of the certificate to show that the notice is being given; and
(c) makes that copy available to an authorised officer doing duty in relation to the export of the specimen.
Import certificate
(3) If a person imports a specimen and wishes to rely on a certificate referred to in paragraph 303CD(6)(b), he or she is not entitled to rely on the certificate unless, before or within a reasonable time after importing the specimen, he or she produced the certificate, or caused the certificate to be produced, to an authorised officer doing duty in relation to the import of the specimen.
303GM Fees
(1) This section applies to a permit under this Part.
(2) Such fees (if any) as are prescribed are payable in respect of the following:
(a) the issue or the transfer of a permit;
(b) the variation or revocation of a condition of a permit;
(c) the imposition of a further condition of a permit.
303GN Possession of illegally imported specimens
Object
(1) The object of this section is:
(a) to comply with Australia’s obligations under:
(i) the Biodiversity Convention; and
(ii) CITES; and
(b) to otherwise further the objects of this Part;
by prohibiting the possession of illegally imported specimens and the progeny of such specimens.
Note: See Article 8 of the Biodiversity Convention.
Possession of CITES specimens and unlisted regulated live specimens
(a) the person has in the person’s possession, in the Australian jurisdiction, a specimen; and
(b) the specimen is:
(i) a CITES specimen; or
(ii) a regulated live specimen that is not included in the list referred to in section 303EB;
and the person is reckless as to that fact; and
(c) the specimen does not belong to a native species.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
(3) Subsection (2) does not apply if:
(a) the specimen was lawfully imported; or
(b) the specimen was not imported, but all of the specimens of which it is the progeny were lawfully imported.
Note 1: For lawfully imported, see section 303GY.
Note 2: The defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) Subsection (2) does not apply if the specimen was neither imported, nor the progeny of any other specimen that was imported.
Note: The defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).
(5) Subsection (2) does not apply if the defendant has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
Possession of listed regulated live specimens
(6) A person is guilty of an offence if:
(a) the person has in the person’s possession, in the Australian jurisdiction, a specimen; and
(b) the specimen is a regulated live specimen that is included in Part 2 of the list referred to in section 303EB, and the person is reckless as to that fact; and
(c) the specimen does not belong to a native species; and
(d) either:
(i) the specimen was unlawfully imported; or
(ii) the specimen was not imported, but any of the specimens of which it is the progeny was unlawfully imported.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
(7) Subsection (6) does not apply if the defendant has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
Unlawfully imported
(8) For the purposes of this section, a specimen is unlawfully imported if, and only if, it was imported, but was not lawfully imported (section 303GY).
303GO Regulations relating to welfare
(1) This section applies to regulations made for the purposes of paragraph 303CG(3)(c), 303DG(4)(b), 303EN(3)(e), 303FN(3)(c) or 303FO(3)(f).
(2) The conditions specified in those regulations in relation to a live animal may:
(a) deal with the welfare of the animal:
(i) when the animal is taken; or
(ii) when the animal is being held after it has been taken; or
(iii) when the animal is being prepared or shipped; or
(iv) when the animal is under the control of the proposed recipient; and
(b) may deal with eliminating or minimising the risk of:
(i) injury to the animal; or
(ii) adverse effects on the health of the animal; or
(iii) cruel treatment of the animal.
(3) The conditions specified in those regulations in relation to a live plant may:
(a) deal with the welfare of the plant:
(i) when the plant is taken; or
(ii) when the plant is being held after it has been taken; or
(iii) when the plant is being prepared or shipped; or
(iv) when the plant is under the control of the proposed recipient; and
(b) may deal with eliminating or minimising the risk of:
(i) injury to the plant; or
(ii) adverse effects on the health of the plant.
(4) Subsections (2) and (3) do not limit paragraph 303CG(3)(c), 303DG(4)(b), 303EN(3)(e), 303FN(3)(c) or 303FO(3)(f).
303GP Cruelty—export or import of animals
(a) the person exports or imports a live animal in a manner that subjects the animal to cruel treatment; and
(b) the person knows that, or is reckless as to whether, the export or import subjects the animal to cruel treatment; and
(c) the animal is a CITES specimen; and
(d) the person contravenes section 303CC or 303CD in relation to the export or import of the animal.
(a) the person exports a live animal in a manner that subjects the animal to cruel treatment; and
(b) the person knows that, or is reckless as to whether, the export subjects the animal to cruel treatment; and
(c) the animal is a regulated native specimen; and
(d) the person contravenes section 303DD in relation to the export of the animal.
(3) A person is guilty of an offence if:
(a) the person imports a live animal in a manner that subjects the animal to cruel treatment; and
(b) the person knows that, or is reckless as to whether, the import subjects the animal to cruel treatment; and
(c) the animal is a regulated live specimen; and
(d) the person contravenes section 303EK in relation to the import of the animal.
(4) This section does not limit section 303GE.
303GQ Imports of specimens contrary to the laws of a foreign country
(1) A person must not intentionally import a specimen if the person knows that:
(a) the specimen was exported from a foreign country; and
(b) at the time the specimen was exported, the export of the specimen was prohibited by a law of the foreign country that corresponds to this Part.
Penalty: Imprisonment for 5 years.
(2) A prosecution must not be instituted for an offence against this section unless a relevant CITES authority of the foreign country has requested:
(a) the investigation of the offence; or
(b) assistance in relation to a class of offences in which the offence is included.
303GR Evidence
(1) In any proceedings for an offence against this Part:
(a) any record kept in accordance with the regulations or another law of the Commonwealth or a law of a State or Territory is admissible as prima facie evidence of the facts stated in the record; and
(b) a copy of an entry in such a record, being a copy certified by the person by whom the record is kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and
(c) a document purporting to be a record kept in accordance with the regulations or another law of the Commonwealth, or a law of a State or Territory, or purporting to be such a certified copy as is referred to in paragraph (b), is taken, unless the contrary is established, to be such a record or certified copy, as the case may be.
(2) If, in any proceedings for an offence against this Part, a record referred to in paragraph (1)(a) is tendered as prima facie evidence of a fact stated in the record, the person alleged to have committed the offence may require the person who kept that record to be called as a witness for the prosecution in the proceedings.
303GS Evidence of examiner
(1) The Minister may, by writing, appoint appropriately qualified persons to be examiners for the purposes of this Part.
(2) Subject to subsection (4), a certificate signed by an examiner appointed under subsection (1) setting out, in relation to a substance, matter, specimen or thing, one or more of the following:
(a) that he or she is appointed as the examiner under subsection (1);
(b) when and from whom the substance, matter, specimen or thing was received;
(c) what labels or other means of identification accompanied the substance, matter, specimen or thing when it was received;
(d) what container held the substance, matter, specimen or thing when it was received;
(e) a description, including the weight, of the substance, matter, specimen or thing when it was received;
(f) the name of any method used to analyse the substance, matter, specimen or thing or any portion of it;
(g) the results of any such analysis;
(h) how the substance, matter, specimen or thing was dealt with after handling by the examiner, including details of:
(i) the quantity of the substance, matter, specimen or thing retained after analysis; and
(ii) names of any persons to whom any of the substance, matter, specimen or thing was given after analysis; and
(iii) measures taken to secure any retained quantity of the substance, matter, specimen or thing after analysis;
is admissible in any proceeding for an offence against this Part as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis.
(3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) is taken to be such a certificate unless the contrary is established.
(4) A certificate is not to be admitted in evidence in accordance with subsection (2) in proceedings for an offence against this Part unless:
(a) the person charged with the offence; or
(b) a solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.
(5) Subject to subsection (6), if, under subsection (2), a certificate is admitted in evidence in proceedings for an offence against this Part, the person charged with the offence may require the person giving the certificate to be called as a witness for the prosecution and cross‑examined as if he or she had given evidence of the matters stated in the certificate.
(6) Subsection (5) does not entitle the person charged to require the person giving a certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person’s intention to require the examiner to be so called; or
(b) the court, by order, allows the person charged to require the person giving the certificate to be so called.
(7) Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under subsection (2) must be considered on its merits and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
303GT Protection of witness
(1) A witness for the prosecution in any proceedings for an offence against this Part is not to be compelled to disclose:
(a) the fact that the witness received any information; or
(b) the nature of any information received by the witness; or
(c) the name of the person who gave the witness any information.
(2) An authorised officer who is a witness in any proceedings for an offence against this Part is not to be compelled to produce any report:
(a) that was made or received by the authorised officer in confidence in his or her capacity as an authorised officer; or
(b) that contains information received by the authorised officer in confidence.
(3) Subsections (1) and (2) are to be disregarded in determining the compellability of witnesses in proceedings for an offence against a provision of this Act other than this Part.
303GU Forms and declarations—persons arriving in Australia or an external Territory
The regulations may provide for forms to be completed, or declarations to be made, in relation to specimens by persons arriving in Australia or an external Territory.
303GV Saving of other laws
(1) This Part is in addition to the following laws:
(a) the Customs Act 1901;
(b) the Quarantine Act 1908;
(c) any other law of the Commonwealth or of an external Territory, whether passed or made before or after the commencement of this Part.
(2) The holder of a permit under this Part authorising the export or import of a specimen is not, by reason only of being the holder of the permit, exempt from compliance with any law referred to in paragraph (1)(a), (b) or (c) that applies in relation to that specimen.
(3) Without limiting subsection (1), this Part, and regulations made for the purposes of this Part, do not authorise or permit the doing of any act in contravention of the Quarantine Act 1908 or of a law of an external Territory relating to quarantine.
303GW Part not to apply to certain specimens
Transhipment
(1) For the purposes of this Part, if a specimen is brought into Australia from a country:
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft’s stores or ship’s stores;
that specimen:
(c) is taken not to have been imported into Australia; and
(d) when it leaves Australia, is taken not to be exported from Australia.
(2) For the purposes of this Part, if a specimen is brought into an external Territory:
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft’s stores or ship’s stores;
that specimen:
(c) is taken not to have been imported into that Territory; and
(d) when it leaves that Territory, is taken not to be exported from that Territory.
(3) For the purposes of subsection (1), a specimen is to be taken to be brought into Australia for the purpose of transhipment to another country if, and only if:
(a) the specimen is brought into Australia in the course of being transported to an identified person in the other country; and
(b) any delay in its leaving Australia will be due solely to the arrangements for its transport; and
(c) it will be under the control of the Customs all the time that it is in Australia.
(4) For the purposes of subsection (2), a specimen is taken to be brought into an external Territory for the purpose of transhipment to another country if, and only if:
(a) the specimen is brought into that Territory in the course of being transported to an identified person in the other country; and
(b) any delay in its leaving that Territory will be due solely to the arrangements for its transport; and
(c) it will be under the control of an authorised officer all the time that it is in that Territory.
Emergency
(5) For the purposes of this Part, if:
(a) the Minister, the Director of Animal and Plant Quarantine, a prescribed person or a prescribed organisation is satisfied that, in order to meet an emergency involving danger to the life or health of a human or an animal, it is necessary or desirable that a specimen that could be used in treating that person or animal should be sent out of, or brought into, Australia or an external Territory; and
(b) that specimen is sent out of, or brought into, Australia or that Territory, as the case requires, to meet that emergency;
that specimen is taken not to have been exported or imported, as the case may be.
Quarantine
(6) Subject to subsections (1), (2) and (5), if, in accordance with the Quarantine Act 1908 or a law of an external Territory relating to quarantine, a person exercising powers under that Act or law imports a specimen that is subject to quarantine, then, for the purposes of this Part, that specimen is taken to have been imported by:
(a) if a person holds a permit to import that specimen—the holder of that permit; or
(b) in any other case—a person whose identity is not known;
but this subsection does not affect the commission of any offence committed before the importation of that specimen.
Definitions
(7) In this section:
aircraft’s stores and ship’s stores have the same meanings respectively as they have in Part VII of the Customs Act 1901.
303GX Part not to apply to certain specimens used by traditional inhabitants
(1) In this section:
area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (2).
Australian place means a place in Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
Papua New Guinea place means a place in Papua New Guinea that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
prescribed specimen means a specimen of a kind specified in a notice in force under subsection (3).
Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.
Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978.
traditional activities has the same meaning as in the Torres Strait Treaty.
traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.
(2) The Minister may, by notice published in the Gazette, declare an area adjacent to the Protected Zone to be an area in the vicinity of the Protected Zone for the purposes of this section.
(3) The Minister may, by notice published in the Gazette, declare that a specimen of a kind specified in the notice is a prescribed specimen for the purposes of this section.
(4) For the purposes of this Part, if a prescribed specimen that is owned by, or is under the control of, a traditional inhabitant and that has been used, is being used or is intended to be used by him or her in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone, is:
(a) brought to an Australian place from a Papua New Guinea place; or
(b) taken from an Australian place to a Papua New Guinea place;
then, subject to subsection (5), that specimen:
(c) in the case where the specimen is brought into Australia as mentioned in paragraph (a)—is taken not to have been imported into Australia; and
(d) in the case where the specimen is taken from Australia as mentioned in paragraph (b)—is taken not to have been exported from Australia.
(5) If:
(a) a prescribed specimen that has been brought into Australia is, under subsection (4), taken not to have been imported into Australia; and
(b) that prescribed specimen is brought to a place in Australia that is not in the Protected Zone or in an area in the vicinity of the Protected Zone;
the prescribed specimen is taken to have been imported into Australia upon being brought to the place referred to in paragraph (b).
303GY When a specimen is lawfully imported
For the purposes of this Part, a specimen is lawfully imported if, and only if, it was imported and:
(a) in a case where the specimen was imported after the commencement of this Part—it was not imported in contravention of this Part; or
(b) in a case where the specimen was imported when the Wildlife Protection (Regulation of Exports and Imports) Act 1982 was in force—it was not imported in contravention of that Act; or
(c) in a case where the specimen was imported before the commencement of the Wildlife Protection (Regulation of Exports and Imports) Act 1982—it was not imported in contravention of:
(i) the Customs (Endangered Species) Regulations; or
(ii) the Customs (Prohibited Imports) Regulations.