CTHRepealedAct
Wildlife Protection (Regulation of Exports and Imports) Act 1982
57BUnregistered possession of classified exotic birds
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##### 57B Unregistered possession of classified exotic birds
Possession of classified exotic birds
(1) Subject to this section, a person must not, after the end of the transitional period, intentionally possess a classified exotic bird if the person knows that, or is reckless as to whether, the bird is a classified exotic bird.
Penalty: Imprisonment for 5 years.
Possession in accordance with a registration certificate
(2) Subsection (1) does not apply to the possession of a bird if the possession is in accordance with a registration certificate.
Possession by veterinary practitioners
(3) Subsection (1) does not apply to the possession by a person of a bird if:
(a) the person is registered as a veterinary practitioner (however described) under a law of a State or Territory; and
(b) the possession is of a kind specified in the regulations.
This subsection does not, by implication, limit subsection (5).
Possession notified to Designated Authority during transitional period
(4) Subsection (1) does not apply to the possession by a person of a bird if all of the following conditions are satisfied:
(a) the bird does not belong to a species specified in the regulations;
(b) the possession is at a time during the period of 90 days beginning at the end of the transitional period;
(c) the bird was in the possession of the person at any time during the transitional period;
(d) the person notified the Designated Authority in writing of the possession referred to in paragraph (c) before the end of the transitional period.
This subsection does not, by implication, limit subsection (5).
Possession of a kind specified in the regulations
(5) Subsection (1) does not apply to the possession of a bird if the possession is of a kind specified in the regulations.
Definition
(6) In this section:
> transitional period means the period ending 30 days after the commencement of this section.
> Note: Under section 57S, a partnership is treated as a person for the purposes of this Division.