4Interpretation

##### 4 Interpretation (1) In this Act, unless the contrary intention appears: > animal means any member, alive or dead, of the animal kingdom (other than man). > animal reproductive material means: (a) an embryo, an egg or sperm of an animal; or (b) any other part, or product, of an animal from which another animal could be produced. > animal specimen means: (a) an animal; (b) animal reproductive material; (c) the skin, feathers, horns, shell or any other part of an animal; or (d) any article wholly produced by or from, or otherwise wholly derived from, a single animal; but does not include: (e) a fossil; or (f) a mineralised deposit. > approved institution means an organization declared by a declaration in force under section 11 to be an approved institution in relation to a class, or classes, of specimens. > approved management program means a management program declared by a declaration in force under section 10 to be an approved management program. > approved zoological organization means a zoological organization declared by a declaration in force under section 12 to be an approved zoological organization in relation to a class, or classes, of specimens. > article includes a substance or a mixture of substances. > artificially propagated, in relation to a plant or plant reproductive material, has the meaning given by section 15. > authority means an authority to export or to import a specimen given under section 41, 42, 43 or 44. > bred in captivity, in relation to an animal or animal reproductive material, has the meaning given by section 14. > care, in relation to an animal or a plant, includes, where appropriate, the provision of suitable housing for the animal or plant. > classified exotic bird means a bird (other than a native Australian bird) that belongs to a species that is not specified in Schedule 9. > coastal sea: (a) in relation to Australia, means: (i) the territorial sea of Australia; and (ii) the sea on the landward side of the territorial sea of Australia; and (b) in relation to an external Territory, means: (i) the Territorial sea of that Territory; and (ii) the sea on the landward side of the territorial sea of that Territory. > continental shelf, in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973. > controlled specimen means a specimen that is a controlled specimen because of a declaration in force under section 10A. > Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington in the United States of America on 3 March 1973 (a copy of the version of which in the English language, apart from the Appendices to it, is set out in Schedule 8). > Convention listed animal means an animal of a species included in Appendix I, II or III to the Convention. > Note: These species are included in those listed in Schedules 1, 2, 2A and 3. > Convention listed plant means a plant of a species included in Appendix I, II or III to the Convention. > Note: These species are included in those listed in Schedules 1, 2, 2A and 3. > conveyance includes an aircraft, vehicle or vessel. > Designated Authority means the Designated Authority established by section 17. > disease means: (a) a disease, parasite or pest that, for the purposes of the Quarantine Act 1908, is a disease in relation to animals; or (b) a disease, pest or plant that, for the purposes of that Act, is a disease in relation to plants. > eligible seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody. > evidential material means a thing relevant to an offence against this Act, including such a thing in electronic form. > executing inspector, in relation to a warrant, means the inspector named in the warrant as being responsible for executing the warrant. > Exotic Birds Committee means the Exotic Birds Committee established by section 57U. > export means export from Australia or from an external Territory, but does not include: (a) export from Australia to a prescribed Territory; (b) export from a prescribed Territory to Australia; and (c) export from a prescribed Territory to the other prescribed Territory. > fish means any animal that is a member of the class Pisces or of the class Agnatha, and includes a shark, a skate and a ray. > frisk search means: (a) a search of a person conducted by quickly running the hands over the person’s outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. > holder means: (a) in relation to a permit—the person who has been granted that permit; or (b) in relation to an authority—the person who has been given that authority; or (c) in relation to a registration certificate—the person who, or the partnership that, has been granted that certificate. > import means import (including import by way of introduction from the sea) into Australia or into an external Territory, but does not include: (a) import into Australia from a prescribed Territory; (b) import into a prescribed Territory from Australia; and (c) import into a prescribed Territory from the other prescribed Territory. > inspector means: (a) a person appointed as an inspector under section 58; (b) a person who is an inspector by virtue of section 59; or (c) a person who is an inspector by virtue of an arrangement entered into under subsection 60(1), (2) or (3). > inter zoological gardens transfer has the meaning given by section 13. > live animal includes animal reproductive material. > live plant includes plant reproductive material. > Magistrate means a Magistrate who is remunerated by salary or otherwise. > management program means a program for the protection, conservation or management of animals or of plants, or of both. > marine environment means the sea, and includes: (a) the air space above the sea; and (b) the sea‑bed and subsoil beneath the sea. > native Australian animal means: (a) an animal of a species that is indigenous to Australia or to an external Territory; (b) an animal of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea‑bed or subsoil beneath that sea; (c) an animal of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters; (d) a migratory animal of a species that periodically or occasionally visits Australia or an external Territory, the coastal sea of Australia or of an external Territory, or the sea over the continental shelf of Australia or of an external Territory; or (e) an animal of a species that is not indigenous to Australia but was present in Australia before the year 1788. > native Australian plant means: (a) a plant of a species that is indigenous to Australia or to an external Territory; (b) a plant of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea‑bed or subsoil beneath that sea; (c) a plant of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters; or (d) a plant of a species that is not indigenous to Australia but was present in Australia before the year 1788. > occupier, in relation to a conveyance, means the person apparently in charge of the conveyance. > offence against this Act includes an offence against: (a) section 6 of the Crimes Act 1914; or (b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against a provision of this Act. > officer assisting, in relation to a warrant, means: (a) a person who is an inspector and who is assisting in executing the warrant; or (b) a person who is not an inspector and who has been authorised by the relevant executing inspector to assist in executing the warrant. > officer of Customs has the same meaning as it has in the Customs Act 1901. > ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and (b) an examination of those items. > permit means a permit to export or to import a specimen granted under section 24. > plant means a member, alive or dead, of the plant kingdom, and includes fungi. > plant reproductive material means: (a) a seed or spore of a plant; (b) a cutting from a plant; or (c) any other part, or product, of a plant from which another plant can be produced. > plant specimen means: (a) a plant; (b) plant reproductive material; (c) any part of a plant; or (d) any article wholly produced by or from, or otherwise wholly derived from, a single plant; but does not include: (e) a fossil; or (f) a mineralised deposit. > premises includes a place and a conveyance. > prescribed scientific organization means a scientific organization included in a class of scientific organizations declared by the regulations to be a prescribed class of scientific organizations for the purposes of this Act. > prescribed scientific research means scientific research engaged in by a prescribed scientific organization. > prescribed Territory means: (a) the Coral Sea Islands Territory; or (b) the Territory of Ashmore and Cartier Islands. > progeny includes: (a) in relation to a live animal—any animal reproductive material of that animal or of any progeny of that animal; (b) in relation to a live plant—any plant reproductive material of that plant or of any progeny of that plant; (c) in relation to a live animal that is animal reproductive material—any animal resulting from that material or any progeny of such animal; and (d) in relation to a live plant that is plant reproductive material—any plant resulting from that material or any progeny of such plant. > recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search began. > recipient means: (a) in relation to a specimen that is exported—the person in the country to which the specimen is exported who is to have the care and custody of the specimen after the export; and (b) in relation to a specimen that is imported into Australia or into an external Territory—the person in Australia or that Territory, as the case may be, who is to have the care and custody of the specimen after the import. > registration certificate means a registration certificate granted under section 57H. > relevant authority, in relation to a country, means: (a) where the country is a party to the Convention—a Management Authority of that country; or (b) where the country is not a party to the Convention—the competent authority of that country within the meaning of Article X of the Convention. > scientific organization means an organization engaged in scientific research. > sender, in relation to a specimen that is imported into Australia or into an external Territory, means the person in the country from which the specimen is imported who exports it from that country to Australia or to that Territory, as the case may be. > specimen means: (a) an animal specimen; or (b) a plant specimen. > take includes: (a) in relation to an animal—catch, capture, trap and kill; and (b) in relation to a plant specimen—pick, gather and cut. > territorial sea, in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973. > thing relevant to an offence against this Act means: (a) anything with respect to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed; or (b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of an offence against this Act; or (c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing an offence against this Act. > vessel means a vessel or boat of any description, and includes: (a) an air‑cushion vehicle or other similar craft; and (b) any floating structure. > warrant (except in Part IIA) means a warrant under Part III. > Note: Division 7 of Part IIA provides for monitoring warrants in relation to classified exotic birds. > warrant premises means premises in relation to which a warrant is in force. > zoological organization means an organization engaged in the exhibition or breeding of wild animals. (2) In any other provision of this Act references to a specimen shall be read as including references to an article that consists of, or is derived from: (a) a specimen and material other than a specimen; (b) 2 or more specimens; or (c) 2 or more specimens and material other than a specimen. (2A) Where an article consists of, or is derived from 2 or more specimens, either with or without any material other than a specimen, then this Act applies to and in relation to that article separately in so far as it consists of, or is derived from, each of those specimens. (2B) For the purposes of this Act, if a thing is represented by an accompanying document, the package or a mark or label, or from any other circumstances, to be: (a) the skin, feathers, horns, shell or any other part of a Convention listed animal; or (b) part of a Convention listed plant; or (c) reproductive material from a Convention listed animal or a Convention listed plant; or (d) an article produced by or from, or derived from, one or more Convention listed animals or one or more Convention listed plants, whether with or without any other material; then the thing is taken to be a specimen derived from the Convention listed animal or the Convention listed plant, or from each Convention listed animal or Convention listed plant, as the case requires. > Note: This subsection has the effect (among other things) of widening the scope of sections 21, 22 and 53, which are offence provisions relating to the export, import and possession of specimens. (2C) However, the import or export of a thing that is taken under subsection (2B) to be a specimen derived from an animal or plant of a particular kind is not to be taken to be in accordance with a permit or authority only because of the operation of that subsection. > Note: Example: A person labels tiger bone as the bone of a Convention listed animal that the person is authorised by a permit to import, and imports the tiger bone. The mere fact that the tiger bone is labelled in that way does not mean that its import is in accordance with a permit. (3) A reference in this Act to a country shall be read as including a reference to a place that is a territory, dependency or colony (however described) of another country. (4) For the purposes of this Act, a specimen shall be taken to have been imported into Australia or into an external Territory by way of introduction from the sea if, and only if, the specimen was taken in the marine environment not under the jurisdiction of any country and then imported into Australia or the external Territory, as the case may be, without having been imported into any other country. (5) For the purposes of this Act: (a) where a live animal (other than animal reproductive material) that was bred in captivity dies, the dead animal and specimens derived from the dead animal shall be taken to be specimens derived from that live animal; and (b) where a live plant (other than plant reproductive material) that was artificially propagated dies, the dead plant and specimens derived from the dead plant shall be taken to be specimens derived from that live plant. (6) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police. (7) Except so far as the contrary intention appears, an expression that is used in this Act without being defined in, or having a particular meaning assigned to it by, this Act and is used in the Convention (whether or not it is defined in, or a particular meaning is assigned to it by, the Convention) has, in this Act, the same meaning as it has in the Convention. (8) For the purposes of this Act, the doing of any thing to, or with, a live animal or a live plant (including killing the animal or plant or doing, or failing to do, any thing in relation to the housing of the animal or plant) for the purposes of scientific research shall not be taken to be failure to provide suitable care for the animal or plant. (9) For the purposes of this Act, where the common name of a kind of animal or plant is set out in a Schedule next to or under a taxon, that common name does not affect the meaning of that taxon. (10) For the purposes of this Act, a genus, species or sub‑species referred to in a description set out in a Part of a Schedule shall not be taken to be specified in that Part.