Div 2Transport, import or export of animals, carcasses or eggs

Division 2—Transport, import or export of animals, carcasses or eggs 39—Construction and labelling of containers for transport of protected animals, carcasses or eggs (1) This regulation applies to a protected animal, or the carcass or egg of a protected animal, that is transported from 1 location to another (other than within the premises at which it is kept) either within the State or for the purposes of importing or exporting the animal, carcass or egg. (2) A protected animal, or the carcass or egg of a protected animal, to which this regulation applies must be transported in a cage, container or package that complies with the requirements of this regulation. (3) If a protected animal, or the carcass or egg of a protected animal, is transported in contravention of subregulation (2), then— (a) if it is transported by the permit holder or owner—the permit holder or owner is guilty of an offence; or (b) if it is transported by any other person— (i) the person who was in possession of the animal, carcass or egg as permit holder or owner immediately before it was transported; and (ii) the person who arranged for the transport of the animal, carcass or egg (if not the person referred to in subparagraph (i)), are each guilty of an offence. (4) A person who knowingly transports a protected animal, or the carcass or egg of a protected animal, to which this regulation applies without the information required by this regulation to be displayed on the cage, container or package in which it is transported being so displayed, is guilty of an offence. (5) In proceedings against a person for an offence against subregulation (3), it is a defence to prove that the person could not by the exercise of reasonable diligence have prevented the commission of the offence. (6) In proceedings against a person for an offence against subregulation (3) or (4) relating to the transport of a protected animal, it is a defence to prove that— (a) the animal was an injured, sick or orphaned animal that was not dangerous or a biological hazard and was being transported from the wild to a veterinary surgeon or the holder of a Wildlife Rehabilitation Facility permit or a Wildlife Carer permit; or (b) the animal was an injured, sick, orphaned or very young animal that was not dangerous or a biological hazard and was being transported in a sling or similar device worn by a person, or in another manner approved by the Director, that was necessary to enable the proper treatment, feeding or care of the animal. (7) The cage, container or package in which a protected animal, or the carcass or egg of a protected animal, is transported must be designed, constructed and maintained so as to— (a) withstand the process of transporting the animal, carcass or egg; and (b) in the case of an animal— (i) protect the animal against injury and against other animals likely to injure or kill it; and (ii) prevent the animal from escaping; and (iii) resist unauthorised interference with the animal; and (iv) allow adequate airflow; and (c) in the case of a carcass or egg— (i) protect the carcass or egg against damage or deterioration; and (ii) resist unauthorised interference with the carcass or egg. (8) Subject to subregulation (9), the cage, container or package in which a protected animal, or the carcass or egg of a protected animal, is transported must display the following information: (a) subject to paragraph (c), if the animal, carcass or egg is transported by the permit holder, or a person authorised by the permit holder (other than a third party carrier): (i) the number of the permit; and (ii) such other information as the Director may require; (b) subject to paragraph (c), if the animal, carcass or egg is transported by a third party carrier: (i) the name and residential or business address of the owner of the animal, carcass or egg; and (ii) if the owner is the permit holder—the number of the permit; and (iii) the common name of the type of animal that is (or whose carcass or egg is) being transported and the number of such animals, carcasses or eggs; and (iv) such other information as the Director may require; (c) if the animal is dangerous, or if the animal, carcass or egg constitutes a biological hazard: (i) the information specified in paragraph (b); and (ii) a statement that the animal, carcass or egg is dangerous or constitutes a biological hazard (as the case requires); and (iii) such other information as the Director may require. (9) Subregulation (8) does not apply to the transport of a protected animal, or the carcass or egg of a protected animal, if— (a) the information required by that subregulation to be displayed on the cage, container or package in which the animal, carcass or egg is transported is— (i) in the case of an emu, or the carcass of a kangaroo or emu, to which regulation 40 applies—set out in an export permit or other transport documentation specified in regulation 40 that is carried by the driver of the vehicle in which the animal or carcass is transported; or (ii) in any other case—set out in an export permit (or copy of an export permit) that is attached to the cage, container or package in the manner referred to in regulation 42; or (b) in the case of the carcass of a kangaroo or emu—a kangaroo sealed tag or an emu tag (as the case requires) is attached to the carcass or has been removed from the carcass in accordance with the Act or regulations under the Act. (10) For the purposes of this regulation, a cage, container or package displays information if the information is clearly displayed on the outside of the cage, container or package (whether by means of a securely attached label or otherwise) in a position and manner that allows it to easily be read. (11) In this regulation— export permit means an export permit or a corresponding permit or licence under the law of another State or a Territory of the Commonwealth; owner, in relation to a protected animal taken from the wild pursuant to a section 53 permit, a section 53 and 55 permit or a section 53, 55 and 58 permit (and not now kept under another permit), means the holder of the permit; permit holder, in relation to a protected animal, or the carcass or egg of a protected animal, means a person who holds a permit under the Act relating to the taking, keeping or selling of the animal, carcass or egg, or a corresponding permit or licence under the law of another State or a Territory of the Commonwealth; third party carrier, in relation to a protected animal, or the carcass or egg of a protected animal, means a person who transports the animal, carcass or egg for fee or reward; transported means transported in the circumstances described in subregulation (1); veterinary surgeon means a person who is registered as a veterinary surgeon under the Veterinary Practice Act 2003. (12) For the purposes of this regulation, a reference to the attachment or removal of a kangaroo sealed tag or an emu tag includes a reference to the attachment or removal of a corresponding tag attached or removed in accordance with the laws of another State or a Territory of the Commonwealth. 40—Kangaroos, emus, or their carcasses, not to be imported or exported without transport documentation (1) Subject to subregulation (8), this regulation applies to— (a) an emu, or the carcass of an emu; or (b) a kangaroo of a prescribed species, or the carcass of such a kangaroo, that is transported for the purpose of importing or exporting the animal or carcass. (2) An animal or carcass to which this regulation applies must not be transported in a vehicle unless transport documentation containing the information set out in subregulation (7) has been provided to the driver of the vehicle. (3) If an animal or carcass is transported in a vehicle in contravention of subregulation (2)— (a) the person who was in possession of the animal or carcass as permit holder or owner immediately before it was transported; and (b) the person who arranged for the transport of the animal or carcass (if not the person referred to in paragraph (a)), are each guilty of an offence. (4) In proceedings against a person for an offence against subregulation (3), it is a defence to prove that the person could not by the exercise of reasonable diligence have prevented the commission of the offence. (5) The driver of a vehicle must not knowingly transport an animal or carcass to which this regulation applies unless the driver carries in the vehicle transport documentation containing the information set out in subregulation (7). (6) If an animal or carcass to which this regulation applies is transported in a vehicle— (a) the driver of the vehicle; or (b) a person who has custody or control of the transport documentation referred to in subregulation (2), must, if requested by the Director or a warden, produce the transport documentation for inspection. (7) Transport documentation in relation to an animal or carcass to which this regulation applies must set out the following: (a) the name, address and import or export permit number of the person importing or exporting the animal or carcass; (b) the destination to which the animal or carcass is to be delivered and the name and address of the person who will have possession of the animal or carcass after delivery; (c) the species and total number of animals or carcasses (and if there is more than 1 species, the list of species and the total number of animals or carcasses for each species). (8) This regulation does not apply to the transport of— (a) an animal or carcass in any ship, boat, vessel or aircraft; or (b) an animal that is transported by the permit holder or owner; or (c) an animal, or carcass of an animal, taken pursuant to a section 53 permit, or the carcass of a kangaroo to which a personal use sealed tag is attached; or (d) the carcass of a kangaroo or emu from which a kangaroo sealed tag or emu tag (as the case may be) has been removed in accordance with the Act or regulations under the Act; or (e) the carcass of an emu that died or was slaughtered on the property of a section 60C permit holder and to which an emu tag has been attached in accordance with regulation 43(1)(g). (9) In this regulation— copy, in relation to a permit under the Act or a corresponding permit or licence under the law of another State or a Territory of the Commonwealth, has the same meaning as in regulation 42; permit holder, in relation to an animal or carcass, means a person who holds a permit under the Act relating to the taking, keeping or selling of the animal or carcass, or a corresponding permit or licence under the law of another State or a Territory of the Commonwealth; prescribed species, in relation to a kangaroo, means a species of kangaroo in relation to which a section 60J permit may be granted under the Act; transport documentation, in relation to an animal or carcass, means any documentation directly or indirectly related to the transport or proposed transport of the animal or carcass (or a transaction associated with that transport or proposed transport), whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (for example)— (a) a document prepared under or for the purposes of the Act or a corresponding law of another State or a Territory of the Commonwealth (including an import or export permit, or copy of such a permit, prepared under the Act or a corresponding permit or licence or copy prepared under such a corresponding law); or (b) an invoice, vendor declaration, delivery order, consignment note, load manifest, bill of lading or contract of carriage document, relating to the animal or carcass (but does not include a label, permit or other documentation attached to the cage, container or package in which the animal or carcass is transported). 41—Importing protected animals, carcasses or eggs (1) Subject to this regulation, a person who imports into the State a protected animal, or the carcass or egg of a protected animal, must not, except with the approval of the Director or a warden, sell, give or otherwise dispose of the animal, carcass or egg— (a) in the case of the importation of a protected animal by the holder of a section 58 permit that is a class 2 permit or the importation of an emu or the egg of an emu by the holder of a section 60C permit that is a class 12 permit—for at least 7 days after importation; or (b) in any other case—for at least 6 months after importation. (2) Subregulation (1) does not apply to— (a) the holder of a section 58 permit that is a class 7 or 8 permit who imports the carcass of a kangaroo pursuant to the permit; or (b) a person who— (i) owns a protected animal, or the carcass or egg of a protected animal, while residing outside the State; and (ii) changes residence to a place within the State; and (iii) imports the animal, carcass or egg into the State when the person relocates to that new place of residence; and (iv) keeps the animal, carcass or egg at that new place of residence. 42—Exporting protected animals, carcasses or eggs (1) A person who exports a protected animal, or the carcass or egg of a protected animal, pursuant to an export permit must ensure that the original permit or a copy of the permit is— (a) in the case of an emu, or the carcass of a kangaroo or emu, to which regulation 40 applies that is transported in a vehicle—provided to the driver of the vehicle; or (b) in any other case—securely attached to the outside of the cage, container or package containing the animal, carcass or egg in a conspicuous position that allows it to easily be read. (2) The driver of a vehicle must not knowingly transport for export a protected animal, or the carcass or egg of a protected animal, unless an export permit that authorises the animal, carcass or egg to be exported (or a copy of such a permit) is— (a) in the case of an emu, or the carcass of a kangaroo or emu, to which regulation 40 applies—carried in the vehicle by the driver; or (b) in any other case—securely attached to the cage, container or package containing the animal, carcass or egg in accordance with subregulation (1). copy, in relation to a permit, means— (a) where the permit was transmitted to the permit holder by means of a fax, email or other electronic communication—a printed copy of the permit produced from the fax, email or other communication; or (b) a photocopy of the original permit or of a document referred to in paragraph (a); or (c) a printed copy of the permit produced in such other manner as may be approved by the Director, (including, with the approval of the Director, such a copy of the permit (or part of such a copy) containing information added by the permit holder) that is legible and can be read without difficulty; vehicle does not include any ship, boat, vessel or aircraft.