Commonwealth Numbered Acts

WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 No. 149 of 1982 - SECT 4

4. (1) In this Act, unless the contrary intention appears-

         ''animal'' means any member, alive or dead, of the animal kingdom
(other than man);

         ''animal reproductive material'' means-


   (a)  an embryo, an egg or sperm of an animal; or

   (b)  any other part, or product, of an animal from which another animal
        could be produced;

     ''animal specimen'' means-


   (a)  an animal;

   (b)  animal reproductive material;

   (c)  the skin, feathers, horns, shell or any other part of an animal; or

   (d)  any article wholly produced by or from, or otherwise wholly derived
        from, a single animal;

         ''approved institution'' means an organization declared by a
declaration in force under section 11 to be an approved institution in
relation to a class, or classes, of specimens;

         ''approved management program'' means a management program declared
by a declaration in force under section 10 to be an approved management
program;

         ''approved zoological organization'' means a zoological organization
declared by a declaration in force under section 12 to be an approved
zoological organization in relation to a class, or classes, of specimens;

         ''article'' includes a substance or a mixture of substances;


         ''artificially propagated'', in relation to a plant or plant
reproductive material, has the meaning given by section 15;

         ''authority'' means an authority to export or to import a specimen
given under section 41, 42, 43 or 44;

         ''bred in captivity'', in relation to an animal or animal
reproductive material, has the meaning given by section 14;

         ''care'', in relation to an animal or a plant, includes, where
appropriate, the provision of suitable housing for the animal or plant;

         ''coastal sea''-


   (a)  in relation to Australia, means-

        (i)    the territorial sea of Australia; and

        (ii)   the sea on the landward side of the territorial sea of
               Australia; and

   (b)  in relation to an external Territory, means-

        (i)    the Territorial sea of that Territory; and

        (ii)   the sea on the landward side of the territorial sea of that
               Territory;

         ''continental shelf'', in relation to Australia or to an external
Territory, has the same meaning as it has for the purposes of the Seas and 
Submerged Lands Act 1973 ;

         ''Convention'' means the Convention on International Trade in
Endangered Species of Wild Fauna and Flora done at Washington in the United
States of America on 3 March 1973 (a copy of the version of which in the
English language, apart from the Appendices to it, is set out in Schedule 8);

         ''Designated Authority'' means the Designated Authority established
by section 17;

         ''Director'' means the Director of National Parks and Wildlife
appointed under the National Parks and Wildlife Conservation Act 1975;

         ''disease'' means-


   (a)  a disease, parasite or pest that, for the purposes of the Quarantine
        Act 1908, is a disease in relation to animals; or

   (b)  a disease, pest or plant that, for the purposes of that Act, is a
        disease in relation to plants;

         ''export'' means export from Australia or from an external Territory,
but does not include-

   (a)  export from Australia to a prescribed Territory;

   (b)  export from a prescribed Territory to Australia; and

   (c)  export from a prescribed Territory to the other prescribed Territory;

         ''fish'' means any animal that is a member of the class Pisces, and
includes a shark, a skate and a ray;

         ''holder'' means-


   (a)  in relation to a permit-the person who has been granted that permit;
        or

   (b)  in relation to an authority-the person who has been given that
        authority;

         ''import'' means import (including import by way of introduction from
the sea) into Australia or into an external Territory, but does not include-

   (a)  import into Australia from a prescribed Territory;

   (b)  import into a prescribed Territory from Australia; and

   (c)  import into a prescribed Territory from the other prescribed
        Territory;

     ''inspector'' means-


   (a)  a person appointed as an inspector under section 58;

   (b)  a person who is an inspector by virtue of section 59; or

   (c)  a person who is an inspector by virtue of an arrangement entered into
        under sub-section 60 (1), (2) or (3);

         ''inter zoological gardens transfer'' has the meaning given by
section 13;

         ''live animal'' includes animal reproductive material;


         ''live plant'' includes plant reproductive material;


         ''management program'' means a program for the protection,
conservation or management of animals or of plants, or of both;

         ''marine environment'' means the sea, and includes-


   (a)  the air space above the sea; and

   (b)  the sea-bed and subsoil beneath the sea;

         ''native Australian animal'' means-


   (a)  an animal of a species that is indigenous to Australia or to an
        external Territory;

   (b)  an animal of a species that is indigenous to the coastal sea of
        Australia or of an external Territory or to the sea-bed or subsoil
        beneath that sea;

   (c)  an animal of a species that is indigenous to the continental shelf of
        Australia or of an external Territory or to the superjacent waters;

   (d)  a migratory animal of a species that periodically or occasionally
        visits Australia or an external Territory, the coastal sea of
        Australia or of an external Territory, or the sea over the
        continental shelf of Australia or of an external Territory; or

   (e)  an animal of a species that is not indigenous to Australia but was
        present in Australia before the year 1788;

     ''native Australian plant'' means-


   (a)  a plant of a species that is indigenous to Australia or to an external
        Territory;

   (b)  a plant of a species that is indigenous to the coastal sea of
        Australia or of an external Territory or to the sea-bed or subsoil
        beneath that sea;

   (c)  a plant of a species that is indigenous to the continental shelf of
        Australia or of an external Territory or to the superjacent waters; or

   (d)  a plant of a species that is not indigenous to Australia but was
        present in Australia before the year 1788;

     ''offence against this Act'' includes-


   (a)  an offence against section 6, 7 or 7A of the Crimes Act 1914 in
        relation to this Act; and

   (b)  an offence against sub-section 86 (1) of the Crimes Act 1914 by virtue
        of paragraph (a) of that sub-section, being an offence in relation to
        an offence against this Act;

         ''officer of Customs'' has the same meaning as it has in the Customs
Act
1901 ;

         ''permit'' means a permit to export or to import a specimen granted
under section 24;

         ''plant'' means a member, alive or dead, of the plant kingdom;


         ''plant reproductive material'' means-


   (a)  a seed or spore of a plant;

   (b)  a cutting from a plant; or

   (c)  any other part, or product, of a plant from which another plant can be
        produced;

     ''plant specimen'' means-


   (a)  a plant;

   (b)  plant reproductive material;

   (c)  any part of a plant; and

   (d)  any article wholly produced by or from, or otherwise wholly derived
        from, a single plant;

     ''premises'' includes land;


         ''prescribed scientific organization'' means a scientific
organization included in a class of scientific organizations declared by the
regulations to be a prescribed class of scientific organizations for the
purposes of this Act;

         ''prescribed scientific research'' means scientific research engaged
in by a prescribed scientific organization;

         ''prescribed Territory'' means-


   (a)  the Coral Sea Islands Territory; and

   (b)  the Territory of Ashmore and Cartier Islands;

         ''progeny'' includes-


   (a)  in relation to a live animal-any animal reproductive material of that
        animal or of any progeny of that animal;

   (b)  in relation to a live plant-any plant reproductive material of that
        plant or of any progeny of that plant;

   (c)  in relation to a live animal that is animal reproductive material-any
        animal resulting from that material or any progeny of such animal; and

   (d)  in relation to a live plant that is plant reproductive material-any
        plant resulting from that material or any progeny of such plant;

     ''recipient'' means-


   (a)  in relation to a specimen that is exported-the person in the country
        to which the specimen is exported who is to have the care and custody
        of the specimen after the export; and

   (b)  in relation to a specimen that is imported into Australia or into an
        external Territory-the person in Australia or that Territory, as the
        case may be, who is to have the care and custody of the specimen after
        the import;

     ''relevant authority'', in relation to a country, means-


   (a)  where the country is a party to the Convention-a Management Authority
        of that country; or

   (b)  where the country is not a party to the Convention-the competent
        authority of that country within the meaning of Article X of the
        Convention;

         ''sender'', in relation to a specimen that is imported into Australia
or into an external Territory, means the person in the country from which the
specimen is imported who exports it from that country to Australia or to that
Territory, as the case may be;

         ''scientific organization'' means an organization engaged in
scientific research;

         ''specimen'' means-


   (a)  an animal specimen; or

   (b)  a plant specimen;

         ''take'' includes-


   (a)  in relation to an animal-catch, capture, trap and kill; and

   (b)  in relation to a plant specimen-pick, gather and cut;

         ''territorial sea'', in relation to Australia or to an external
Territory, has the same meaning as it has for the purposes of the Seas and 
Submerged Lands Act 1973 ;

         ''vessel'' means a vessel or boat of any description, and includes-


   (a)  an air-cushion vehicle or other similar craft; and

   (b)  any floating structure;

         ''zoological organization'' means an organization engaged in the
exhibition or breeding of wild animals.

(2) For the purposes of this Act, where an article consists of, or is derived
from-

   (a)  a specimen and other material;

   (b)  2 or more specimens; or

   (c)  2 or more specimens and other material,
that article shall be deemed to be separate articles, being-

   (d)  that specimen and an article consisting of that material;

   (e)  each of those specimens; or

   (f)  each of those specimens and an article consisting of that material,
as the case may be.

(3) A reference in this Act to a country shall be read as including a
reference to a place that is a territory, dependency or colony (however
described) of another country.

(4) For the purposes of this Act, a specimen shall be taken to have been
imported into Australia or into an external Territory by way of introduction
from the sea if, and only if, the specimen was taken in the marine environment
not under the jurisdiction of any country and then imported into Australia or
the external Territory, as the case may be, without having been imported into
any other country.

(5) For the purposes of this Act-

   (a)  where a live animal (other than animal reproductive material) that was
        bred in captivity dies, the dead animal and specimens derived from the
        dead animal shall be taken to be specimens derived from that
        live animal; and

   (b)  where a live plant (other than plant reproductive material) that was
        artificially propagated dies, the dead plant and specimens derived
        from the dead plant shall be taken to be specimens derived from that
        live plant.

(6) A reference in this Act to a member of the Australian Federal Police or to
a member of a police force shall be read as including a reference to a special
member of the Australian Federal Police.

(7) Except so far as the contrary intention appears, an expression that is
used in this Act without being defined in, or having a particular meaning
assigned to it by, this Act and is used in the Convention (whether or not it
is defined in, or a particular meaning is assigned to it by, the Convention)
has, in this Act, the same meaning as it has in the Convention.

(8) For the purposes of this Act, the doing of any thing to, or with, a
live animal or a live plant (including killing the animal or plant or doing,
or failing to do, any thing in relation to the housing of the animal or plant)
for the purposes of scientific research shall not be taken to be failure to
provide suitable care for the animal or plant.

(9) For the purposes of this Act, where the common name of a kind of animal or
plant is set out in a Schedule next to or under a taxon, that common name does
not affect the meaning of that taxon.

(10) For the purposes of this Act, a genus, species or sub-species referred to
in a description set out in a Part of a Schedule shall not be taken to be
specified in that Part.