Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303CD

  (1)   A person commits an offence if:

  (a)   the person imports a specimen; and

  (b)   the specimen is a CITES specimen.

Penalty:   Imprisonment for 10 years or 1,000 penalty units, or both.

Authorised import--permit

  (2)   Subsection   (1) does not apply if the specimen is imported in accordance with a permit that was issued under section   303CG, 303GB or 303GC and is in force.

Authorised import--CITES exemptions

  (3)   Subsection   (1) does not apply if the import of the specimen is an import that, under the regulations, is taken to be an import of a personal or household effect.

Note:   See paragraph   3 of Article VII of CITES.

  (4)   Subsection   (1) does not apply if:

  (a)   the specimen is a CITES II specimen; and

  (b)   the specimen is not a live specimen; and

  (c)   the specimen belongs to a species that is not specified in the regulations; and

  (d)   in a case where a quantitative limit is applicable to the specimen under a notation in the list referred to in section   303CA--the quantity of the specimen does not exceed that limit; and

  (e)   the specimen is within the personal baggage of a person entering Australia or an external Territory; and

  (f)   the specimen is not intended for sale or for any other commercial purpose; and

  (g)   both:

  (i)   the country from which the specimen is proposed to be imported has a relevant CITES authority; and

  (ii)   permission to export the specimen from that country has been given by a relevant CITES authority of that country.

  (5)   Subsection   (1) does not apply if the import of the specimen is an import that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non - commercial exchange of scientific specimens between scientific organisations.

  (6)   Subsection   (1) does not apply if:

  (a)   the country from which the specimen is proposed to be imported has a relevant CITES authority; and

  (b)   a relevant CITES authority of that country has issued a certificate under paragraph   2 of Article VII of CITES in respect of the specimen.

Note 1:   Paragraph   2 of Article VII of CITES deals with a specimen that was acquired before the provisions of CITES applied to the specimen.

Note 2:   The defendant bears an evidential burden in relation to the matters in subsections   (2), (3), (4), (5) and (6) (see subsection   13.3(3) of the Criminal Code ).