Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, on application made by a person under section 303DE, issue a permit to the person. This subsection has effect subject to subsections (3) to (4A).
(2) A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303DD.
(2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 3 years after that date.
(3) The Minister must not issue a permit authorising the export of a live native mammal, a live native reptile, a live native amphibian or a live native bird unless the Minister is satisfied that the proposed export would be an eligible non - commercial purpose export (within the meaning of section 303FA).
(3A) The Minister must not issue a permit authorising the export of a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of paragraph 303DD(3)(ba) unless the Minister is satisfied that:
(a) the proposed export would be an eligible non - commercial purpose export (within the meaning of section 303FA); or
(b) the proposed export would be an export from an approved aquaculture program in accordance with section 303FM.
(4) The Minister must not issue a permit unless the Minister is satisfied that:
(a) the export of the specimen will not be detrimental to, or contribute to trade which is detrimental to:
(i) the survival of any taxon to which the specimen belongs; or
(ii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
(b) if the specimen is a live specimen that belongs to a taxon specified in the regulations--the conditions that, under the regulations, are applicable to the welfare of the specimen have been, or are likely to be, complied with; and
(c) the specimen was not obtained in contravention of, and the export would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and
(d) if the specimen belongs to an eligible listed threatened species--the export of the specimen is covered by subsection (7) or (8), and the export would not be inconsistent with any recovery plan for that species; and
(e) if the specimen does not belong to an eligible listed threatened species:
(i) the proposed export would be an eligible non - commercial purpose export (within the meaning of section 303FA); or
(ii) the proposed export would be an eligible commercial purpose export (within the meaning of section 303FJ).
(4A) If the Minister is considering whether to issue a permit relating to a specimen that belongs to a particular eligible listed threatened species, the Minister must, in deciding whether to issue the permit, have regard to any approved conservation advice for the species.
(5) Subsection (4) does not apply in relation to a permit to export from Australia or an external Territory a specimen (other than a live animal) that has been imported into Australia or that Territory, as the case may be.
(6) The Minister must not issue a permit to export from Australia or an external Territory a specimen (other than a live animal) that has been imported into Australia or that Territory, as the case may be, unless the Minister is satisfied that the specimen was lawfully imported (section 303GY).
Eligible listed threatened species
(7) This subsection covers the export of a specimen if:
(a) the export of the specimen would be an export from an approved captive breeding program in accordance with section 303FK; or
(b) the export of the specimen would be an export from an approved artificial propagation program in accordance with section 303FL; or
(ba) the export of the specimen would be an export from an approved cultivation program in accordance with section 303FLA; or
(c) the export of the specimen would be an export from an approved aquaculture program in accordance with section 303FM;
and the export of the specimen will not adversely affect the conservation status of the species concerned.
Note: See also subsection (3).
(8) This subsection covers the export of a specimen if:
(a) the export of the specimen would be an export for the purposes of research in accordance with section 303FC; or
(b) the export of the specimen would be an export for the purposes of education in accordance with section 303FD; or
(c) the export of the specimen would be an export for the purposes of exhibition in accordance with section 303FE; or
(d) the export of the specimen would be an export for the purposes of conservation breeding or propagation in accordance with section 303FF.
Section has effect subject to section 303GA
(9) This section has effect subject to section 303GA.
Note: Section 303GA deals with controlled actions, and actions for which a non - Part 13A permit is required.