Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303DD

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

                     (a)  the person exports a specimen; and

                     (b)  the specimen is a regulated native specimen.

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

Exemption--permit

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

Exemption--accredited wildlife trade management plan

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

                     (a)  the export of the specimen would be an export in accordance with an accredited wildlife trade management plan (section 303FP); and

                     (b)  the specimen is not a live native mammal, a live native reptile, a live native amphibian or a live native bird; and

                    (ba)  either:

                              (i)  the specimen is not a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of this subparagraph; or

                             (ii)  the export is an export from an approved aquaculture program in accordance with section 303FM; and

                     (c)  the specimen is not a CITES specimen; and

                     (d)  the specimen does not belong to an eligible listed threatened species.

Exemption--exchange of scientific specimens

             (4)  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.

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