32Prohibition on introduction, &c., of certain animals

### 32 Prohibition on introduction, &c., of certain animals > > (1)  In this section – > > > > > ***controlled animal*** means – > > > > > > > > (a) a mammal, bird, amphibian and reptile; and > > > > > > > > > (b) any other animal prescribed by the regulations to be a controlled animal – > > > > > > but does not include any restricted animal, dog, cat or domestic stock; > > > > > ***restricted animal*** means – > > > > > > > > (a) a fox, wolf, dingo and mink; and > > > > > > > > > (b) any other animal prescribed by the regulations to be a restricted animal; and > > > > > > > > > (c) a hybrid of an animal referred to in [paragraph (a)](#GS32@Gs1@Nd3756746@Hpa@EN) or [(b)](#GS32@Gs1@Nd3756746@Hpb@EN) . > > > (2)  A person must not bring into the State, or cause or allow to be brought into the State, a restricted animal or a controlled animal unless the importation is in accordance with – > > > > > > (a) the prior written permission of the Secretary; and > > > > > > > (b) [*\[Section 32 Subsection (2) amended by No. 18 of 2020, Sched. 4, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2020-018#JS4@Ja16@GC1@EN) the [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) . > > > > Penalty:  In the case of – > > > > > > (a) [*\[Section 32 Subsection (2) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hpb@EN) [*\[Section 32 Subsection (2) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hpa@EN) a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or > > > > > > > (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. > > > (3)  A person must not, except in accordance with the prior written permission of the Secretary – > > > > > > (a) be in possession of a restricted animal; or > > > > > > > (b) cause or allow a restricted animal, a ferret or a controlled animal to go at large in the State. > > > > Penalty:  In the case of – > > > > > > (a) [*\[Section 32 Subsection (3) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hpd@EN) [*\[Section 32 Subsection (3) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hpc@EN) a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or > > > > > > > (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. > > > (4)  A person must not be in possession of a controlled animal that has been brought into the State in contravention of [subsection (2)](#GS32@Gs2@EN) . > > > > Penalty:  Fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. > > > (5)  The Secretary may – > > > > > > (a) grant permission under [subsection (2)](#GS32@Gs2@EN) or [(3)](#GS32@Gs3@EN) subject to any conditions he or she thinks fit; or > > > > > > > (b) refuse to grant the permission. > > > (6)  The Secretary may only grant permission under [subsection (2)](#GS32@Gs2@EN) or [(3)](#GS32@Gs3@EN) in respect of a restricted animal if the importation, possession or going at large of the restricted animal is required as part of a program to manage feral populations of animals of the same species as that restricted animal. > > > (7)  A person who fails to comply with a condition to which a permission is subject is guilty of an offence. > > > > Penalty:  In the case of – > > > > > > (a) [*\[Section 32 Subsection (7) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hpf@EN) [*\[Section 32 Subsection (7) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hpe@EN) a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or > > > > > > > (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. > > > (8)  If a person is in possession of a restricted animal or a controlled animal, that animal is presumed, until the contrary is proved, to have been brought into the State without the prior written permission of the Secretary. > > > (9)  If the Secretary, or a person authorised by the Secretary, finds or reasonably suspects that a restricted animal or a controlled animal has been brought into the State by, or is in the possession of, a person contrary to the provisions of this section, the Secretary or authorised person may seize it, destroy it, dispose of it or cause it to be destroyed or disposed of. > > > (10)  Without limiting the ways in which an animal may be disposed of under [subsection (9)](#GS32@Gs9@EN) , the animal may be disposed of by giving it, together with a permission under [subsection (3)](#GS32@Gs3@EN) in the case of a restricted animal, to an educational or research institution. > > > (11)  Despite [subsection (4)](#GS32@Gs4@EN) , if a controlled animal is disposed of under [subsection (9)](#GS32@Gs9@EN) by giving it to an educational or research institution, the institution may possess that animal subject to any conditions determined by the Director. > > > (12)  The Secretary may charge any person with any costs incurred in respect of any seizure, destruction or disposal of an animal carried out under [subsection (9)](#GS32@Gs9@EN) . > > > (13)  A person must not, without the prior written permission of the Secretary or a person authorised by the Secretary, remove or take away an animal seized under [subsection (9)](#GS32@Gs9@EN) . > > > > Penalty:  In the case of – > > > > > > (a) [*\[Section 32 Subsection (13) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hph@EN) [*\[Section 32 Subsection (13) amended by No. 13 of 2013, s. 4, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-013#GS4@Hpg@EN) a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or > > > > > > > (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.