Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303CD

             (1)  A person is guilty of 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 ).