WILDLIFE ACT 1975 - SECT 50 Import and export permits

WILDLIFE ACT 1975 - SECT 50

S. 50(1) amended by No. 87/1997

ss 16(1),

42(Sch.

item 25(a)).

    (1)     A person must not—

        (a)     import wildlife into Victoria from another State or Territory of the Commonwealth; or

        (b)     export wildlife from Victoria to another State or Territory of the Commonwealth—

without a permit issued by the Secretary.

Penalty:     100 penalty units.

S. 50(1A) inserted by No. 87/1997

s. 16(2).

    (1A)     Subsection (1) does not apply to wildlife and wildlife products prescribed for the purposes of this section.

S. 50(2) amended by No. 87/1997

ss 16(3), 42(Sch. item 25(b)(i)).

    (2)     If an applicant seeks a permit, the Secretary must grant the permit if the Secretary is satisfied, on the basis of information provided by the applicant, that—

        (a)     each item of wildlife to which the application relates—

              (i)     was lawfully obtained; and

              (ii)     is lawfully kept; and

              (iii)     in the case of the proposed import from another State or Territory into Victoria, may be lawfully moved from that State or Territory; and

        (b)     the proposed import or export of wildlife will not pose a risk to the health or safety of any person or livestock or prejudice the conservation of protected wildlife in Victoria; and

        (c)     each item of wildlife to which the application relates may lawfully be the object of trade in the State or Territory from which the wildlife is to be imported or the State or Territory to which the wildlife is to be exported; and

S. 50(2)(d) amended by No. 87/1997

s. 42(Sch.

item 25(b)(ii)).

        (d)     the proposed export from Victoria of the wildlife to which the application relates will not adversely affect the population in the wild of the kind or taxon of wildlife to be exported; and

S. 50(2)(e) amended by No. 87/1997

s. 42(Sch.

item 25(b)(iii)).

        (e)     in the case of the proposed import of wildlife from another State or Territory, the bringing into or keeping in Victoria of the kind or taxon of wildlife to which the application relates is not contrary to the law of Victoria or of the State or Territory or the circumstances under which that wildlife is proposed to be kept in Victoria are not contrary to the law of Victoria or of the State or Territory; and

        (f)     no person in Victoria who is concerned in the import or export of the wildlife to which the application relates is at the time of the application subject to suspension of or cancellation of or disqualification from holding a licence, permit or authority pursuant to section 70.

S. 50(3) amended by No. 87/1997

s. 42(Sch.

item 25(c)).

    (3)     A person seeking the issue of a permit must apply to the Secretary in the prescribed manner.

    (4)     An application under subsection (3) must be accompanied by the prescribed fee (if any).

S. 50(5) inserted by No. 87/1997

s. 16(4).

    (5)     A permit is subject to any conditions, limitations or restrictions imposed on that permit by the Secretary.

S. 50(6) inserted by No. 87/1997

s. 16(4).

    (6)     A person to whom a permit under this section has been granted must comply with the conditions, limitations and restrictions of that permit.

Penalty:     100 penalty units.

S. 51 amended by Nos 41/1987 s. 103(Sch. 4 item 76.51), 70/1990 s. 12(1)(n), 87/1997

ss 17(1)(2) (ILA s. 39B(1)).