53Possession of illegally imported specimens

##### 53 Possession of illegally imported specimens (1A) The object of this section is: (a) to comply with Australia’s obligations under: (i) the Convention on Biological Diversity; and (ii) the Convention (as defined by subsection 4(1)); and (b) otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries; by prohibiting the possession of illegally imported specimens and the progeny of such specimens. > Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate: - promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and - prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and - develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations. (1) A person who: (a) has in his or her possession, whether on board any vessel or aircraft or otherwise, any specimen that has been imported in contravention of this Act or any progeny of such a specimen; or (b) has in his or her possession any specimen that he knows, or has reasonable grounds for suspecting, has been imported in contravention of this Act or any progeny of such a specimen; is guilty of an offence. > Note: Because of the operation of subsection 4(2B), the import of a thing represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant) may have been in contravention of this Act. (1B) Subsection (1) does not apply if the person proves that the person has a reasonable excuse. > Note: The defendant bears a legal burden in relation to the matter in subsection (1B). See section 13.4 of the Criminal Code. (2) On the prosecution of a person for an offence against subsection (1), being an offence to which paragraph (1)(a) applies, it is a defence if the person proves that he or she did not know, and had no reasonable grounds for knowing or suspecting, that the specimen had been imported in contravention of this Act. > Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code. (3) On the prosecution of a person for an offence against subsection (1), being an offence to which paragraph (1)(b) applies, it is a defence if the person proves that the specimen was not imported in contravention of this Act. > Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code. (4) Any defence for which provision is made under this section in relation to an offence does not limit any defence otherwise available to the person charged. (5) A person who is guilty of an offence against subsection (1) is punishable upon conviction by imprisonment for a term not exceeding 5 years. (6) This section does not prevent any person from being proceeded against for an offence against any other section of this Act, but the person is not liable to be punished twice in respect of any one offence.