Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303CC

             (1)  A person is guilty of an offence if:

                     (a)  the person exports a specimen; and

                     (b)  the specimen is a CITES specimen.

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

Authorised export--permit

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

Authorised export--CITES exemptions

             (3)  Subsection (1) does not apply if the export of the specimen is an export 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.

             (4)  Subsection (1) does not apply if the Minister issues a certificate under subsection (5) in relation to the specimen.

             (5)  If the Minister is satisfied that a specimen was acquired before the provisions of CITES applied to the specimen, the Minister may issue a certificate to that effect.

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

Note 1:       See paragraph 3 of Article VII of CITES.

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