Wildlife Protection (Regulation of Exports and Imports) Act 1982 (Cth)

Wildlife Protection (Regulation of Exports and Imports) Act 1982

Act No. 149 of 1982 as amended

[Note: This Act is repealed by Act No. 82 of 2001]

Volume 1 includes: Table of Contents

Sections 1 – 82

Schedules

This compilation was prepared on 11 January 2002

taking into account amendments up to Act No. 82 of 2001

[Note: Schedules containing amendments deemed to be made by Declaration (which are notified in the Gazette) have been shown separately in Note 2]

The text of any of those amendments not in force

on that date is appended in the Notes section

Volume 2 includes: Notes

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act to further the protection and conservation of wildlife by regulating the export and import of certain animals, plants and goods, and by regulating the possession of certain exotic birds, and for related purposes

Part I—Preliminary

1Short title [see Note 1]

This Act may be cited as the Wildlife Protection (Regulation of Exports and Imports) Act 1982.

2Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by Proclamation.

3Object of Act

The object of this Act is to comply with the obligations of Australia under the Convention and otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries.

4Interpretation

(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;
but does not include:
(e)
a fossil; or
(f)
a mineralised deposit.
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.
classified exotic bird means a bird (other than a native Australian bird) that belongs to a species that is not specified in Schedule 9.
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.
controlled specimen means a specimen that is a controlled specimen because of a declaration in force under section 10A.
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).
Convention listed animal means an animal of a species included in Appendix I, II or III to the Convention.
Note: These species are included in those listed in Schedules 1, 2, 2A and 3.
Convention listed plant means a plant of a species included in Appendix I, II or III to the Convention.
Note: These species are included in those listed in Schedules 1, 2, 2A and 3.
conveyance includes an aircraft, vehicle or vessel.
Designated Authority means the Designated Authority established by section 17.
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.
eligible seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
evidential material means a thing relevant to an offence against this Act, including such a thing in electronic form.
executing inspector, in relation to a warrant, means the inspector named in the warrant as being responsible for executing the warrant.
Exotic Birds Committee means the Exotic Birds Committee established by section 57U.
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 or of the class Agnatha, and includes a shark, a skate and a ray.
frisk search means:
(a)
a search of a person conducted by quickly running the hands over the person’s outer garments; and
(b)
an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
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; or
(c)
in relation to a registration certificate—the person who, or the partnership that, has been granted that certificate.
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 subsection 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.
Magistrate means a Magistrate who is remunerated by salary or otherwise.
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.
occupier, in relation to a conveyance, means the person apparently in charge of the conveyance.
offence against this Act includes an offence against:
(a)
section 6 of the Crimes Act 1914; or
(b)
section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against a provision of this Act.
officer assisting, in relation to a warrant, means:
(a)
a person who is an inspector and who is assisting in executing the warrant; or
(b)
a person who is not an inspector and who has been authorised by the relevant executing inspector to assist in executing the warrant.
officer of Customs has the same meaning as it has in the Customs Act 1901.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a)
requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b)
an examination of those items.
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, and includes fungi.
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; or
(d)
any article wholly produced by or from, or otherwise wholly derived from, a single plant;
but does not include:
(e)
a fossil; or
(f)
a mineralised deposit.
premises includes a place and a conveyance.
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; or
(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.
recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search began.
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.
registration certificate means a registration certificate granted under section 57H.
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.
scientific organization means an organization engaged in scientific research.
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.
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.
thing relevant to an offence against this Act means:
(a)
anything with respect to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed; or
(b)
anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of an offence against this Act; or
(c)
anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing an offence against this Act.
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.
warrant (except in Part IIA) means a warrant under Part III.
Note: Division 7 of Part IIA provides for monitoring warrants in relation to classified exotic birds.
warrant premises means premises in relation to which a warrant is in force.
zoological organization means an organization engaged in the exhibition or breeding of wild animals.
(2)
In any other provision of this Act references to a specimen shall be read as including references to an article that consists of, or is derived from:
(a)
a specimen and material other than a specimen;
(b)
2 or more specimens; or
(c)
2 or more specimens and material other than a specimen.
(2A)
Where an article consists of, or is derived from 2 or more specimens, either with or without any material other than a specimen, then this Act applies to and in relation to that article separately in so far as it consists of, or is derived from, each of those specimens.
(2B)
For the purposes of this Act, if a thing is represented by an accompanying document, the package or a mark or label, or from any other circumstances, to be:
(a)
the skin, feathers, horns, shell or any other part of a Convention listed animal; or
(b)
part of a Convention listed plant; or
(c)
reproductive material from a Convention listed animal or a Convention listed plant; or
(d)
an article produced by or from, or derived from, one or more Convention listed animals or one or more Convention listed plants, whether with or without any other material;
then the thing is taken to be a specimen derived from the Convention listed animal or the Convention listed plant, or from each Convention listed animal or Convention listed plant, as the case requires.
Note: This subsection has the effect (among other things) of widening the scope of sections 21, 22 and 53, which are offence provisions relating to the export, import and possession of specimens.
(2C)
However, the import or export of a thing that is taken under subsection (2B) to be a specimen derived from an animal or plant of a particular kind is not to be taken to be in accordance with a permit or authority only because of the operation of that subsection.
Example: A person labels tiger bone as the bone of a Convention listed animal that the person is authorised by a permit to import, and imports the tiger bone. The mere fact that the tiger bone is labelled in that way does not mean that its import is in accordance with a permit.
(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.

5Saving of other laws

(1)
This Act and the regulations shall be read and construed as being in addition to, and not in derogation of or in substitution for:
(a)
the Customs Act 1901;
(b)
the Quarantine Act 1908; or
(c)
any other law of the Commonwealth or of an external Territory, whether passed or made before or after the commencement of this Act.
(2)
A person who is the holder of a permit or an authority to export or to import a specimen is not, by reason only of being the holder of the permit or authority, exempt from compliance with any law referred to in paragraph (1)(a), (b) or (c) that applies in relation to that specimen.
(3)
Without limiting the generality of subsection (1), this Act and the regulations shall not be read or construed as authorizing or permitting the doing of any act in contravention of the Quarantine Act 1908 or of a law of an external Territory relating to quarantine.

6Application of Act

This Act applies both within and outside Australia and extends to every external Territory.

7Act to bind Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

7AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

8Act not to apply to certain specimens

(1)
For the purposes of this Act, where a specimen is brought into Australia from a country (other than a prescribed Territory):
(a)
for the purpose of transhipment to another country; or
(b)
as part of an aircraft’s stores or ship’s stores;
that specimen:
(c)
shall be taken not to have been imported into Australia; and
(d)
when it leaves Australia, shall be taken not to be exported from Australia.
(2)
For the purposes of this Act, where a specimen is brought into an external Territory (other than a prescribed Territory):
(a)
for the purpose of transhipment to another country; or
(b)
as part of an aircraft’s stores or ship’s stores;

that specimen:
(c)
shall be taken not to have been imported into that Territory; and
(d)
when it leaves that Territory, shall be taken not to be exported from that Territory.
(3)
For the purposes of this Act, where a prescribed organization sends a specimen out of, or brings a specimen into, Australia or an external Territory for the purpose of using the specimen in a diagnostic test that is to be carried out in an endeavour to identify a disease of humans, animals or plants, that specimen shall be taken not to have been exported or imported, as the case may be.
(4)
For the purposes of this Act, where:
(a)
a prescribed person or a prescribed organization is satisfied that, in order to meet an emergency involving danger to the life or health of a human or an animal, it is necessary or desirable that a specimen that could be used in treating that person or animal should be sent out of, or brought into, Australia or an external Territory; and
(b)
that specimen is sent out of, or brought into, Australia or that Territory, as the case requires, to meet that emergency;
that specimen shall be taken not to have been exported or imported, as the case may be.
(5)
Subject to subsections (1), (2), (3) and (4), where, in accordance with the Quarantine Act 1908 or a law of an external Territory relating to quarantine, a person exercising powers under that Act or law imports a specimen that is subject to quarantine, then, for the purposes of this Act, that specimen shall be deemed to have been imported by:
(a)
where a person holds a permit or an authority to import that specimen—the holder of that permit or authority; or
(b)
in any other case—a person whose identity is not known;
but this subsection shall not affect the commission of any offence committed before the importation of that specimen.
(5A)
For the purposes of subsection (1), a specimen is to be taken to be brought into Australia for the purpose of transhipment to another country if, and only if:
(a)
the specimen is brought into Australia in the course of being transported to an identified person in the other country; and
(b)
any delay in its leaving Australia will be due solely to the arrangements for its transport; and
(c)
it will be under the control of the Customs all the time that it is in Australia.
(5B)
For the purposes of subsection (2), a specimen is to be taken to be brought into an external Territory for the purpose of transhipment to another country if, and only if:
(a)
the specimen is brought into that Territory in the course of being transported to an identified person in the other country; and
(b)
any delay in its leaving that Territory will be due solely to the arrangements for its transport; and
(c)
it will be under the control of an inspector all the time that it is in that Territory.
(6)
In this section, aircraft’s stores and ship’s stores have the same meanings respectively as they have in Part VII of the Customs Act 1901.

8AAct not to apply to certain specimens used by traditional inhabitants

(1)
In this section:
area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (2).
Australian place means a place in Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
Papua New Guinea place means a place in Papua New Guinea that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
prescribed specimen means a specimen of a kind specified in a notice in force under subsection (3).
Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.
Torres Strait Treaty means the Treaty between Australia the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978.
traditional activities has the same meaning as in the Torres Strait Treaty.
traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.
(2)
The Minister may, by notice published in the Gazette, declare an area adjacent to the Protected Zone to be an area in the vicinity of the Protected Zone for the purposes of this section.
(3)
The Minister may, by notice published in the Gazette, declare that a specimen of a kind specified in the notice is a prescribed specimen for the purposes of this section.
(4)
For the purposes of this Act, where a prescribed specimen that is owned by, or is under the control of, a traditional inhabitant and that has been used, is being used or is intended to be used by him in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone, is:
(a)
brought to an Australian place from a Papua New Guinea place; or
(b)
taken from an Australian place to a Papua New Guinea place;
then, subject to subsection (5), that specimen:
(c)
in the case where the specimen is brought into Australia as mentioned in paragraph (a)—shall be taken not to have been imported into Australia; and
(d)
in the case where the specimen is taken from Australia as mentioned in paragraph (b)—shall be taken not to have been exported from Australia.
(5)
Where:
(a)
a prescribed specimen that has been brought into Australia is, under subsection (4), taken not to have been imported into Australia; and
(b)
that prescribed specimen is brought to a place in Australia that is not in the Protected Zone or in an area in the vicinity of the Protected Zone;
the prescribed specimen shall be taken to have been imported into Australia upon being brought to the place referred to in paragraph (b).

9Variation of Schedules [see Note 2]

(1)
The Minister may, by instrument under the Minister’s hand published in the Gazette, declare that a Schedule, not being Schedule 5 or 8, specified in the instrument shall be deemed to be amended in a manner specified in the instrument, and that declaration shall have effect accordingly.
(1A)
A declaration under subsection (1) that relates to Schedule 6 may be made:
(a)
on the Minister’s own initiative; or
(b)
on written application being made to the Minister.
(2)
Sections 48 (other than paragraph (1)(a)), 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to declarations under subsection (1) as if, in those sections, references to regulations were references to declarations.
(3)
For the purposes of section 8 of the Acts Interpretation Act 1901, a declaration under subsection (1) that is deemed to amend a Schedule by way of repealing part of that Schedule shall be deemed to be an Act that repeals that part of that Schedule.
(4)
The Minister will take all necessary action to ensure that, where a Schedule is deemed to be amended by virtue of a declaration in force under subsection (1), a copy of that Schedule as deemed to be amended is readily available, on the payment of such fee (if any) as is prescribed, to any member of the public who might wish to export or to import, or is otherwise concerned with the export or import of, specimens.
Note: See section 9B for requirements about comments on proposed declarations relating to the amendment of Schedule 6.

9ARegister of persons concerned about amendments of Schedule 6 or declarations of management programs or controlled specimens

(1)
The Designated Authority must maintain a register containing a list of the names and postal addresses of persons and organisations who are to be notified of:
(aa)
proposals for declarations under section 9, where the declarations relate to the amendment of Schedule 6; and
(a)
proposals for declarations of approved management programs under section 10; and
(b)
proposals for declarations of controlled specimens under section 10A.
(2)
As soon as practicable after the commencement of this section and on each anniversary of that commencement, the Designated Authority must give public notice:
(a)
inviting persons and organisations to have their names and postal addresses entered on the register; and
(b)
in the case of the second or a later notice given when there is a person or organisation on the register—inviting persons and organisations on the register to have their names and postal addresses left on the register.
(3)
A notice must state that the acceptance of an invitation:
(a)
is to be in writing sent to the Designated Authority at a place specified in the notice accompanied, except in the case of an invitation under paragraph (2)(b), by particulars of the name and postal address of the acceptor; and
(b)
is to be given:
(i)
in the case of a person, or organisation, in existence on the publication of the notice—within one month after that publication; and
(ii)
in any other case—within 12 months after that publication.
(4)
Where a person or organisation accepts an invitation in the way required by the notice, the Designated Authority is to enter, or retain, the name and postal address of the person or organisation on the register.
(5)
The Designated Authority may vary the address on the register of a person or organisation at the written request of the person or organisation.
(6)
The Designated Authority must remove the name and address of a person or organisation from the register if:
(a)
in the case of a name and address that was on the register before the most recent notice under subsection (2)—the invitation to keep that name and address on the register was not accepted within one month after the publication of that notice; or
(b)
the person or organisation makes a written request for the removal; or
(c)
the Designated Authority becomes satisfied that:
(i)
in the case of a natural person—the person has died; or
(ii)
in any other case—the person or organisation has ceased to exist.
(7)
In subsection (2), a reference to public notice is a reference to a notice published:
(a)
in the Gazette; and
(b)
in each State and internal Territory in a newspaper circulating generally in that State or Territory; and
(c)
in each external Territory that the Minister considers appropriate (if any) in a newspaper circulating generally in that external Territory.

9BViews of concerned persons to be considered before making declarations

(1)
Where the Minister proposes to:
(aa)
make a declaration under section 9, where the declaration relates to the amendment of Schedule 6; or
(a)
declare an approved management program under section 10; or
(b)
declare a controlled specimen under section 10A;
the Designated Authority must send each person and organisation on the register maintained under section 9A written notice of the proposal and, without contravening the Privacy Act 1986, sufficient information to enable the person or organisation to consider adequately the merits of the proposal.
(2)
A person or organisation on the register may give the Designated Authority written comments on the proposal within one month after its receipt of the notice or such longer period as the Designated Authority determines.
(3)
The Minister is not to make the proposed declaration unless the Minister has considered all comments on the proposal given under subsection (2).

10Approved management programs

(1)
Subject to subsection (1B) and to any regulations referred to in subsection (2), the Minister may, by instrument under the Minister’s hand published in the Gazette, declare a management program that is being, is proposed to be, or has been, carried out, in Australia, in an external Territory or in another country to be an approved management program for the purposes of this Act.
(1A)
A declaration under subsection (1) may be made:
(a)
on the Minister’s own initiative; or
(b)
on written application being made to the Minister.
(1B)
If:
(a)
a management program has been, is being, or is proposed to be, carried out in a State or Territory; and
(b)
the management program relates to the protection, conservation or management of particular animals or of particular plants, or of both;
the Minister must not make a declaration about the management program unless:
(c)
legislation relating to the protection, conservation or management of the animals or plants is in force in the State or Territory; and
(d)
the legislation applies throughout the State or Territory; and
(e)
in the opinion of the Minister, the legislation is effective.
(2)
The regulations may provide that the Minister must not declare a management program to be an approved management program unless the Minister is satisfied of certain matters in relation to the program.
(2A)
A declaration under subsection (1) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection (3).
(2B)
If a declaration ceases to be in force because of subsection (2A), this Act does not prevent the Minister from making a fresh declaration under subsection (1).
(2C)
A fresh declaration under subsection (1) may be made during the 90‑day period before the time when the current declaration ceases to be in force.
(2D)
A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period.
(3)
The Minister may make a declaration about a management program even though he or she considers that the program should be an approved management program only:
(a)
during a particular period; or
(b)
while certain circumstances exist; or
(c)
while a certain condition is complied with;
but, in such a case, the instrument of declaration is to specify the period, circumstances or condition.
(4)
If a declaration specifies circumstances as mentioned in subsection (3), the Minister must revoke the declaration if he or she is satisfied that those circumstances have ceased to exist.
(5)
The Minister may vary a declaration by:
(a)
specifying one or more conditions (or further conditions) to which the declaration is subject; or
(b)
revoking or varying a condition:
(i)
specified in the instrument of declaration; or
(ii)
specified under paragraph (a).
(6)
The Minister must revoke a declaration if he or she is satisfied that a condition of the declaration has been contravened.
(7)
The Minister may revoke a declaration at any time.

10AControlled specimens

(1)
In this section:
ordinary Australian specimen means a specimen that is, or is derived from, a native Australian animal or a native Australian plant other than:
(a)
a live native Australian animal of a species included in the sub‑phylum vertebrata, not being a fish; or
(b)
a specimen specified in Part I of Schedule 1; or
(c)
a specimen specified in Part I of Schedule 3.
ordinary specimen means a specimen other than:
(a)
a live animal; or
(b)
a specimen specified in Part I of Schedule 1; or
(c)
a specimen specified in Part I of Schedule 3.
(2)
Where the Minister decides that it would be consistent with the object of this Act for ordinary Australian specimens of a particular kind to be taken from a particular place in Australia or an external Territory otherwise than in accordance with an approved management program and exported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act.
(2A)
Except in special circumstances, the Minister must not make a declaration under subsection (2) about specimens of a particular kind unless:
(a)
legislation relating to the protection, conservation or management of the specimens is in force in each State and Territory from which the specimens are to be taken; and
(b)
the legislation applies throughout each State and Territory from which the specimens are to be taken; and
(c)
in the opinion of the Minister, the legislation is effective.
(3)
Where the Minister decides that it would be consistent with the object of this Act for ordinary specimens of a particular kind to be taken in a particular place in a foreign country otherwise than in accordance with an approved management program and imported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act.
(3A)
A declaration under subsection (2) or (3) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection (4).
(3B)
If a declaration ceases to be in force because of subsection (3A), this Act does not prevent the Minister from making a fresh declaration under subsection (2) or (3).
(3C)
A fresh declaration under subsection (2) or (3) may be made during the 90‑day period before the time when the current declaration ceases to be in force.
(3D)
A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period.
(4)
The Minister may make a decision under subsection (2) or (3) about specimens of a particular kind even though the decision is:
(a)
limited to specimens taken during a particular period; or
(b)
limited to a particular number or other quantity of the specimens; or
(c)
subject to the existence of particular circumstances; or
(d)
subject to compliance with a particular condition;
but, in such a case, the instrument of declaration is to specify the period, quantity, circumstances or condition.
(4A)
If a declaration specifies circumstances as mentioned in subsection (4), the Minister must revoke the declaration if he or she becomes satisfied that those circumstances have ceased to exist.
(4B)
The Minister may vary a declaration by:
(a)
specifying one or more conditions (or further conditions) to which the declaration is subject; or
(b)
revoking or varying any condition:
(i)
specified in the instrument of declaration; or
(ii)
specified under paragraph (a).
(4C)
The Minister must revoke a declaration if he or she becomes satisfied that a condition of the declaration has been contravened.
(4D)
The Minister may revoke a declaration at any time.
(5)
The regulations may prescribe matters that are to be taken into account by the Minister when deciding whether or not to declare specimens to be controlled specimens under subsection (2) or (3).
(5A)
A declaration under subsection (2) or (3) may be made:
(a)
on the Minister’s own initiative; or
(b)
on written application being made to the Minister.
(6)
The Designated Authority must maintain a register containing descriptions of the controlled specimens.
(7)
The register is to set out opposite to each description of controlled specimens the date of the declaration of the specimens.

11Approved institutions

(1)
Subject to any regulations referred to in subsection (2), the Designated Authority may, by instrument under the Designated Authority’s hand published in the Gazette, declare an organization in Australia, in an external Territory or in another country, being an organization that is engaged in activities relating to live animals or live plants, to be an approved institution in relation to a class, or classes, of specimens specified in the instrument.
(2)
The regulations:
(a)
may provide that the Designated Authority shall not declare an organization referred to in subsection (1) to be an approved institution in relation to any class, a particular class, or particular classes, of specimens unless the Designated Authority is satisfied of certain matters in relation to the organization; or
(b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will declare an organization referred to in subsection (1) to be an approved institution in relation to any class, a particular class, or particular classes, of specimens.
(3)
An organization referred to in subsection (1) may apply, in writing, to the Designated Authority to be declared to be an approved institution in relation to a class, or classes, of specimens specified in the application.

12Approved zoological organizations

(1)
Subject to any regulations referred to in subsection (2), the Designated Authority may, by instrument under the Designated Authority’s hand published in the Gazette, declare a zoological organization in Australia, in an external Territory or in another country to be an approved zoological organization in relation to a class, or classes, of specimens specified in the instrument.

(2)
The regulations:
(a)
may provide that the Designated Authority shall not declare a zoological organization to be an approved zoological organization in relation to any class, a particular class, or particular classes, of specimens unless the Designated Authority is satisfied of certain matters in relation to the organization; or
(b)
may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will declare a zoological organization to be an approved zoological organization in relation to any class, a particular class, or particular classes, of specimens.
(3)
A zoological organization may apply, in writing, to the Designated Authority to be declared to be an approved zoological organization in relation to a class, or classes, of specimens specified in the application.

13Inter zoological gardens transfer

(1)
For the purposes of this Act, the export or the import of an animal specimen shall be taken to be an inter zoological gardens transfer if, and only if:
(a)
the exporter or the sender, as the case may be, is an approved zoological organization, or a relevant approved institution, in relation to a class of specimens that includes that specimen; and
(b)
in the case of a specimen that is a live animal:
(i)
in all cases—the animal is not required by the exporter or the sender, as the case may be, for the purposes of breeding, exhibition or research; and
(ii)
if the animal was bred in captivity—the animal was bred in captivity by the exporter or the sender, as the case may be; and
(c)
in the case of a specimen, other than a specimen that is, or is derived from, a live animal that was bred in captivity—the specimen was not purchased or otherwise obtained for the purposes of trade; and
(d)
the recipient is:
(i)
where the exporter or the sender is an approved zoological organisation, either:
(A)
an approved zoological organisation; or
(B)
a relevant approved institution; or
(ii)
where the exporter or the sender is a relevant approved institution—an approved zoological organisation;
in relation to a class of specimens that includes that specimen; and
(e)
in the case of the export of a live native Australian animal:
(i)
the animal belongs to a species that can readily be bred in captivity; and
(ii)
the animal is for use in a breeding program specified in the regulations; and
(f)
in the case of a live animal specified in Part I of Schedule 1:
(i)
the animal belongs to a species that can be bred in captivity; and
(ii)
the animal is for use in a breeding program specified in the regulations.
(2)
In this section, relevant approved institution means an approved institution that is also a prescribed scientific organisation.

14Breeding in captivity

For the purposes of this Act, a live animal of a particular kind shall be taken to have been bred in captivity if, and only if, it was bred in circumstances declared by the regulations to be circumstances the breeding in which of:
(a)
any live animal;
(b)
any live animal of that kind; or
(c)
any live animal included in a class of live animals that includes live animals of that kind;
would constitute breeding in captivity.

15Artificial propagation

For the purposes of this Act, a live plant of a particular kind shall be taken to have been artificially propagated if, and only if, it was propagated in circumstances declared by the regulations to be circumstances the propagation in which of:
(a)
any live plant;
(b)
any live plant of that kind; or
(c)
any live plant included in a class of live plants that includes live plants of that kind;
would constitute artificial propagation.

16Export of household pets – native Australian animals

(1)
The export of a live native Australian animal from Australia or from an external Territory is an export of a household pet in accordance with this section if:
(a)
the animal is an animal of a species specified in Schedule 7, other than the species Melopsittacus undulatus (common name budgerigar);
(b)
the exporter kept the animal as a household pet immediately before the export;
(c)
the exporter has been ordinarily resident in Australia or that Territory, as the case may be, for not less than 4 years immediately preceding the export;
(d)
the exporter is leaving Australia or that Territory, as the case may be, with the intention of taking up permanent residence in another country;
(e)
it is not proposed to export (whether by virtue of this subsection or otherwise) more than one other animal of a species specified in Schedule 7 (other than a budgerigar), where that other animal has been kept as a household pet by the exporter or the members of the household of the exporter.
(2)
The export of a live native Australian animal of the species Melopsittacus undulatus (common name budgerigar) from Australia or from an external Territory is an export of a household pet in accordance with this section if:
(a)
the animal was bred in captivity;
(b)
the exporter has owned and kept the animal as a household pet;
(c)
the exporter is leaving Australia or that Territory, as the case may be, with the intention of taking up permanent residence in another country; and
(d)
it is not proposed to export (whether by virtue of this subsection or otherwise) any animal of that species that has been kept as a household pet by the exporter or the members of the household of the exporter other than that animal or that animal and one other animal of that species.
(3)
The export before 1 May 1987 of a live native Australian animal from Australia or from an external Territory is an export of a household pet in accordance with this section if:
(a)
the animal is an animal of a species specified in Schedule 7;
(b)
the exporter has owned and kept the animal as a household pet:
(i)
for not less than 2 years immediately preceding the export; and
(ii)
since a day on or before 1 May 1984;
(c)
the exporter has been ordinarily resident in Australia or that Territory, as the case may be:
(i)
for not less than 3 years immediately preceding the export; and
(ii)
since a day on or before 1 May 1984; and
(d)
it is not proposed to export (whether by virtue of this subsection or otherwise) any animal of that species that has been kept as a household pet by the exporter or the members of the household of the exporter other than that animal or that animal and one other animal of that species.

16AExport of household pets – other animals

The export of a live animal, other than a native Australian animal, from Australia or from an external Territory is an export of a household pet in accordance with this section if:
(a)
the exporter has owned and kept the animal as a household pet; and
(b)
the exporter is leaving Australia or that Territory, as the case may be, with the intention of taking up residence in another country.

17Designated Authority

There shall be a Designated Authority for the purposes of this Act.

18Constitution of Designated Authority

(1)
The Secretary to the Department is the Designated Authority until:
(a)
an appointment is made under subsection (2); or
(b)
the Secretary resigns the office of Designated Authority under subsection (5).
(2)
Subject to subsection (1), the Designated Authority:
(a)
shall be a person appointed by the Minister;
(b)
shall be appointed on a part‑time basis;
(c)
holds office at the pleasure of the Minister; and
(d)
may be a person who is engaged under the Public Service Act 1999.
(3)
A person shall not be appointed to be the Designated Authority unless the person has such qualifications and experience in connection with the conservation or management of wild animals and wild plants as, in the opinion of the Minister, render the person suitable for the appointment.
(4)
The Designated Authority holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.
(5)
The Designated Authority may resign his or her office by writing signed by the Designated Authority and delivered to the Minister.

19Remuneration and allowances of Designated Authority

(1)
The Designated Authority shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the Designated Authority shall be paid such remuneration as is prescribed.
(2)
The Designated Authority shall be paid such allowances as are prescribed.
(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

20Acting Designated Authority

(1)
The Minister may appoint a person to act as the Designated Authority:
(a)
during a vacancy in the office of Designated Authority; or
(b)
during any period, or during all periods, when the Designated Authority is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2)
An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3)
The Minister may:
(a)
determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Designated Authority; and
(b)
terminate such an appointment at any time.
(4)
Where a person is acting as Designated Authority in accordance with paragraph (1)(b) and the office of Designated Authority becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(5)
The appointment of a person to act as the Designated Authority ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.
(6)
Where a person is acting as Designated Authority, the person has and may exercise all the powers, and may perform all the functions, of the Designated Authority under this Act.
(7)
The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment or acting had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

Part IIRegulation of export and import of specimensDivision 1Prohibition of certain exports and imports21Certain exports prohibited

(1)
A person shall not export:
(a)
a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or
(b)
a specimen that is, or is derived from, a native Australian animal or a native Australian plant and is not specified in Part I of Schedule 4.
Penalty: 1,000 penalty units or imprisonment for 10 years, or both.
Note: Because of the operation of subsection 4(2B), it may be an offence under this section to export a thing that is represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant).
(2)
Subsection (1) does not apply if the specimen is exported in accordance with a permit or an authority.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

22Certain imports prohibited

(1)
A person shall not import:
(a)
a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or
(aa)
a specimen specified in Part I of Schedule 2A; or
(b)
a specimen, being a live animal or a live plant (whether or not it is a specimen referred to in paragraph (a)) other than a live animal, or live plant, specified in Part I of Schedule 5 or Part I of Schedule 6.
Penalty: 1,000 penalty units or imprisonment for 10 years, or both.
Note: Because of the operation of subsection 4(2B), it may be an offence under this section to import a thing that is represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant).
(2)
Subsection (1) does not apply if the specimen is imported in accordance with a permit or an authority.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

Division 2Permits to export or to import specimens23Application for permit

(1)
A person may make an application to the Minister for the grant of:
(a)
a permit to export a specimen the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21; or
(b)
a permit to import a specimen the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22.
(2)
An application for a permit shall be made in accordance with the prescribed form or, if no form is prescribed, a form approved by the Minister.
(3)
An application for a permit to export or to import a specimen for the purposes of scientific research shall contain particulars of the nature and purpose of that research.
(4)
Where an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling the Minister to deal with the application, the Minister may, by notice in writing served on the applicant not later than 60 days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 24, not to have been duly made until the statement is furnished.
(5)
Where an application is made for the grant of a permit and the Minister requires a test to be carried out for the purpose of enabling the Minister to deal with the application, the Minister may, by notice in writing served on the applicant not later than 60 days after the application is made:
(a)
inform the applicant of the nature of, the reason for, and the estimated cost of, that test and of the estimated time within which the result of that test would be obtained by the Minister; and
(b)
require the applicant to pay to the Commonwealth, as specified in the notice, the amount of that estimated cost;
and, if a notice is so served, the application shall be deemed, for the purposes of section 24, not to have been duly made until the amount of that estimated cost is paid and the result of that test is obtained by the Minister.

24Grant of permit

(1)
Subject to this Act, the Minister may, in the Minister’s discretion, grant, or refuse to grant, a permit to a person who has made an application for the permit in accordance with section 23.
(2)
The Minister must either grant or refuse to grant the permit within 90 days after the application is made.
(3)
However, if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the permit, the Minister must grant or refuse to grant the permit within 30 days after the day on which the Minister receives advice given under that Subdivision on the proposed grant.
Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, persons considering whether to authorise certain actions must get advice on environmental matters from the Minister administering that Subdivision.
(4)
A permit shall be in writing in the prescribed form, or, if no form is prescribed, a form approved by the Minister.
(5)
A permit:
(a)
comes into force on the date on which it is granted; and
(b)
subject to section 46, remains in force:
(i)
in the case of a permit to export or import a specimen (other than a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3) for the purposes of scientific research—for a period of 2 years beginning on the date on which it is granted or, if a lesser period is specified in the permit, that lesser period; or
(ii)
in any other case—for a period of 6 months beginning on the date on which it is granted or, if a lesser period is specified in the permit, that lesser period.

Division 3Requirements for permits to export specimens25Permits to export not to be granted if detrimental to survival of kind of animals or plants

The Minister shall not grant a permit to export a specimen unless the Minister is satisfied that the export of the specimen will not be detrimental to, or contribute to trade which is detrimental to, the survival of:
(a)
any species or sub‑species; or
(b)
any population specified in Schedule 1, 2 or 3.

26Permits to export not to be granted in respect of specimens unlawfully obtained etc.

The Minister shall not grant a permit to export a specimen unless the Minister is satisfied that the specimen was not obtained in contravention of, and the export would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory.

27Requirements for permits to export live animals and live plants

(1)
The Minister shall not grant a permit to export a live animal unless the Minister is satisfied that:
(a)
the proposed recipient of the animal is equipped to provide, and will provide, suitable care for the animal; and
(b)
the animal will be prepared and shipped so that the risk of:
(i)
injury to the animal;
(ii)
adverse effect on the health of the animal; and
(iii)
cruel treatment of the animal;
is minimised.
(2)
The Minister shall not grant a permit to export a live plant unless the Minister is satisfied that the plant will be prepared and shipped so that the risk of:
(a)
injury to the plant; and
(b)
adverse effect on the health of the plant;
is minimised.

28Requirements for permits to export – Schedule 1

Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 1 unless the Minister is satisfied:
(a)
that:
(i)
the country to which the specimen is proposed to be exported has a relevant authority; and
(ii)
permission to import that specimen into that country has been given by a relevant authority of that country;
(b)
where the specimen is a live animal, that:
(i)
the proposed exporter and the proposed recipient are approved institutions in relation to a class of specimens that includes that live animal;
(ii)
the proposed export would be an inter zoological gardens transfer; or
(iii)
in the case of a live animal, other than a native Australian animal, the proposed export would be an export of a household pet in accordance with section 16A;
(c)
where the specimen is a live native Australian animal of a species included in the sub‑phylum VERTEBRATA, that the proposed export:
(i)
would be an inter zoological gardens transfer; or
(ii)
is for the purposes of prescribed scientific research;
(d)
where the specimen is an animal specimen, other than a live native Australian animal of a species included in the sub‑phylum VERTEBRATA, that:
(i)
the proposed export would be an inter zoological gardens transfer;
(ii)
the proposed export is for the purposes of prescribed scientific research; or
(iii)
the specimen is, or is derived from, a live animal that was bred in captivity; and
(e)
where the specimen is a plant specimen, that:
(i)
the proposed export is for the purposes of prescribed scientific research; or
(ii)
the specimen is, or is derived from, a live plant that was artificially propagated.

29Requirements for permits to export – Schedule 2

Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 2 unless the Minister is satisfied:
(b)
where the specimen is a live animal, that:
(i)
the proposed exporter and the proposed recipient are approved institutions in relation to a class of specimens that includes that live animal;
(ia)
the proposed export would be an inter zoological gardens transfer;
(ii)
in the case of a live native Australian animal, the proposed export would be an export of a household pet in accordance with section 16; or
(iii)
in the case of a live animal, other than a live native Australian animal, the proposed export would be an export of a household pet in accordance with section 16A;

(c)
where the specimen is a live native Australian animal of a species included in the sub‑phylum VERTEBRATA, that the proposed export:
(i)
would be an inter zoological gardens transfer;
(ii)
is for the purposes of prescribed scientific research; or
(iii)
would be an export of a household pet in accordance with section 16;
(d)
where the specimen is an animal specimen, other than a live native Australian animal of a species included in the sub‑phylum VERTEBRATA, that:
(i)
the proposed export would be an inter zoological gardens transfer;
(ii)
the proposed export is for the purposes of prescribed scientific research;
(iii)
the specimen is, or is derived from, a live animal that was bred in captivity;
(iv)
in the case of a specimen that is, or is derived from, a native Australian animal, the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or
(v)
in the case of a specimen that is, or is derived from, a native Australian animal, the specimen is, or is derived from, a controlled specimen; and
(e)
where the specimen is a plant specimen, that:
(i)
the proposed export is for the purposes of prescribed scientific research;
(ii)
the specimen is, or is derived from, a live plant that was artificially propagated;
(iii)
the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or
(iv)
the specimen is, or is derived from, a plant specimen that is a controlled specimen.

30Requirements for permits to export – Schedule 3

Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 3 unless it appears to the Minister, after consultation with the Designated Authority, that there are exceptional circumstances justifying the grant of the permit and the Minister is satisfied:
(a)
in the case of an animal specimen, that the proposed export:
(i)
would be an inter zoological gardens transfer; or
(ii)
is for the purposes of prescribed scientific research; or
(b)
in the case of a plant specimen, that the proposed export is for the purposes of prescribed scientific research.

31Requirements for permits to export – native Australian animals and plants

Subject to section 32, the Minister shall not grant a permit to export a specimen that is, or is derived from, a native Australian animal or a native Australian plant, being a specimen that is not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the Minister is satisfied:
(a)
where the specimen is a live animal, that the proposed export:
(i)
would be an inter zoological gardens transfer;
(ii)
is for the purposes of prescribed scientific research; or
(iii)
would be an export of a household pet in accordance with section 16;
(b) where the specimen is, or is derived from, a fish or from an animal of a species which is not included in the sub‑phylum VERTEBRATA, that:
(i)
the specimen is, or is derived from, a live animal that was bred in captivity;
(ii)
the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or
(iii)
the specimen is, or is derived from, an animal specimen that is a controlled specimen;
(c)
where the specimen is an animal specimen, other than a live animal, that:
(i)
the proposed export would be an inter zoological gardens transfer;
(ii)
the proposed export is for the purposes of prescribed scientific research;
(iii)
the specimen is derived from a live animal that was bred in captivity;
(iv)
the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or
(v)
the specimen is, or is derived from, an animal specimen that is a controlled specimen; or
(d)
where the specimen is a plant specimen, that:
(i)
the proposed export is for the purposes of prescribed scientific research;
(ii)
the specimen is, or is derived from, a live plant that was artificially propagated;
(iii)
the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or
(iv)
the specimen is, or is derived from, a plant specimen that is a controlled specimen.

32Permits to re‑export

(1)
Sections 28, 29, 30 and 31 do not apply in relation to a permit to export from Australia or an external Territory a specimen, other than a live animal, that has been imported into Australia or that Territory, as the case may be.
(2)
The Minister shall not grant a permit to export from Australia a specimen that has been imported into Australia, unless the Minister is satisfied:
(a)
that:
(i)
in the case of a specimen that was imported before the commencement of this Act, the specimen was not imported in contravention of:
(A)
the Customs (Endangered Species) Regulations; or
(B)
the Customs (Prohibited Imports) Regulations; or
(ii)
in the case of a specimen that was imported after the commencement of this Act, the specimen was not imported in contravention of this Act; and
(b)
that, in the case of a specimen specified in Part I of Schedule 1 or Part I of Schedule 3:
(i)
the country to which the specimen is proposed to be exported has a relevant authority; and
(ii)
permission to import that specimen into that country has been given by a relevant authority of that country.
(3)
The Minister shall not grant a permit to export from an external Territory a specimen that has been imported into that Territory, unless the Minister is satisfied:
(a)
that:
(i)
in the case of a specimen that was imported before the commencement of this Act, the specimen was not imported in contravention of a law of that Territory relating to the import of specimens that was designed to comply with the obligations of Australia under the Convention; or
(ii)
in the case of a specimen that was imported after the commencement of this Act, the specimen was not imported in contravention of this Act; and
(b)
that, in the case of a specimen specified in Part I of Schedule 1 or Part I of Schedule 3:
(i)
the country to which the specimen is proposed to be exported has a relevant authority; and
(ii)
permission to import that specimen into that country has been given by a relevant authority of that country.

Division 4Requirements for permits to import specimens33Permits to import not to be granted if detrimental to survival of kind of animals or plants

The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3 unless the Minister is satisfied that the import of the specimen will not be detrimental to, or contribute to trade that is detrimental to, the survival of:
(a)
any species or sub‑species; or
(b)
any population specified in Schedule 1, 2 or 3.

34Requirements for permits to import live animals and live plants

The Minister shall not grant a permit to import a live animal or a live plant unless the Minister is satisfied that:
(a)
the proposed recipient of the animal or plant:
(i)
is equipped to confine, and will confine, the animal or plant; and
(ii)
is equipped to provide, and will provide, suitable care for the animal or plant; and
(b)
the animal or plant will be prepared and shipped so that the risk of:
(i)
injury to the animal or plant;
(ii)
adverse effect on the health of the animal or plant; and
(iii)
in the case of an animal—cruel treatment of the animal;
is minimized.

35Requirements for permits to import certain live animals and live plants

(1)
The Minister shall not grant a permit to import a live animal, including a live animal that is a specimen specified in Part I of Schedule 1, Part I of Schedule 2, Part I of Schedule 2A or Part I of Schedule 3, unless the Minister is satisfied:
(a)
that:
(i)
the proposed recipient is an approved institution in relation to a class of specimens that includes that live animal; or
(ii) the proposed import would be an inter zoological gardens transfer; and
(b)
that, if the live animal were imported, it would not be kept, or dealt with, in contravention of any law of the Commonwealth, of a State or of a Territory.
(2)
The Minister shall not grant a permit to import a live plant that is not specified in Schedule 5 or 6 unless the Minister is satisfied that the proposed recipient is an approved institution in relation to a class of specimens that includes that live plant.
(3)
The Minister shall not grant a permit to import a live plant, including a live plant that is a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the Minister is satisfied that, if the live plant were imported, it would not be kept, or dealt with, in contravention of any law of the Commonwealth, of a State or of a Territory.

36Requirements for permits to import – Schedule 1

(1)
Subject to subsection (2), the Minister shall not grant a permit to import a specimen specified in Part I of Schedule 1 unless the Minister is satisfied:
(a)
where the import is not by way of introduction from the sea, that:
(i)
the country from which the specimen is proposed to be imported has a relevant authority; and
(ii)
permission to export that specimen from that country has been given by a relevant authority of that country;
(b)
where the specimen is a live animal, that:
(i)
the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or
(ii)
the proposed import would be an inter zoological gardens transfer;
(c)
where the specimen is an animal specimen, that:
(i)
the proposed import would be an inter zoological gardens transfer; or
(ii)
the proposed import is for the purposes of prescribed scientific research; or
(iii)
the specimen is, or is derived from, a live animal that was bred in captivity; and
(d)
where the specimen is a plant specimen, that:
(i)
the proposed import is for the purposes of prescribed scientific research; or
(ii)
the specimen is, or is derived from, a live plant that was artificially propagated.
(2)
The Minister may grant a permit to import a specimen specified in Part I of Schedule 1, other than a live animal, if the Minister is satisfied that:
(a)
the country from which the specimen is proposed to be imported has a relevant authority;
(b)
a relevant authority of that country has issued a certificate under paragraph 2 of Article VII of the Convention in respect of the specimen; and
(c)
the specimen is not an object of trade.

37Requirements for permits to import – Schedule 2

(1)
Subject to subsections (2) and (3), the Minister shall not grant a permit to import a specimen specified in Part I of Schedule 2 unless the Minister is satisfied:
(a)
where the import is not by way of introduction from the sea, that:
(i)
the country from which the specimen is proposed to be imported has a relevant authority; and
(ii)
permission to export that specimen from that country has been given by a relevant authority of that country;
(b)
where the specimen is a live animal, that:
(i)
the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or
(ii)
the proposed import would be an inter zoological gardens transfer;
(c)
where the specimen is an animal specimen, that:
(i)
the proposed import would be an inter zoological gardens transfer;
(ii)
the proposed import is for the purposes of prescribed scientific research;
(iii)
the specimen is, or is derived from, a live animal that was bred in captivity;
(iv)
the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or
(v)
the specimen is, or is derived from, an animal specimen that is a controlled specimen; and
(d)
where the specimen is a plant specimen, that:
(i)
the proposed import is for the purposes of prescribed scientific research;
(ii)
the specimen is, or is derived from, a live plant that was artificially propagated;
(iii)
the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or
(iv)
the specimen is, or is derived from, a plant specimen, that is a controlled specimen.
(2)
The Minister may grant a permit to import a specimen specified in Part I of Schedule 2, other than a live animal, if the Minister is satisfied that:
(a)
the country from which the specimen is proposed to be imported has a relevant authority;
(b)
a relevant authority of the country from which the specimen is proposed to be imported has issued a certificate under paragraph 2 of Article VII of the Convention in respect of the specimen; and
(c)
the specimen is not an object of trade.
(3)
The Minister may grant a permit to import a specimen specified in Part I of Schedule 2, other than a live animal, if the Minister is satisfied that:
(a)
the country from which the specimen is proposed to be imported has a relevant authority; and
(b)
permission to export that specimen from that country has been given by a relevant authority of that country; and
(c)
the specimen is not an object of trade.

38Requirements for permits to import – Schedule 3

The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 3 unless it appears to the Minister, after consultation with the Designated Authority, that there are exceptional circumstances justifying the grant of the permit and the Minister is satisfied:
(a)
in the case of an animal specimen, that:
(i)
the proposed import would be an inter zoological gardens transfer;
(ii)
the proposed import is for the purposes of prescribed scientific research; or
(iii)
the specimen is, or is derived from, a live animal that was bred in captivity; or
(b)
in the case of a plant specimen, that:
(i)
the proposed import is for the purposes of prescribed scientific research; or
(ii)
the specimen is, or is derived from, a live plant that was artificially propagated.

38ARequirements for permits to import – Schedule 2A

The Minister must not grant a permit to import a specimen specified in Part I of Schedule 2A unless the Minister is satisfied:
(a)
in a case where the import is not by way of introduction from the sea and the country from which the specimen is imported is specified in a column of Part II or III of that Schedule opposite the name of the species to which the specimen belongs—that:
(i)
the country from which the specimen is proposed to be imported has a relevant authority; and
(ii)
permission to export that specimen from that country has been given by a relevant authority of that country; and
(b)
in a case where the import is not by way of introduction from the sea and the country from which the specimen is imported is not specified in a column of Part II or III of that Schedule opposite the name of the species to which the specimen belongs—that the proposed sender holds a certificate of origin, or an equivalent document or notation, in relation to the specimen; and
(c)
in a case where the specimen is a live animal—that:
(i)
the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or
(ii)
the proposed import would be an inter zoological gardens transfer.

Division 5Authorities to export or to import specimens39Application for authority

Subsections 23(4) and (5) and 24(2) and (3) apply in relation to an application for an authority under this Division in like manner as they apply in relation to an application for a permit under section 23 and, for the purposes of those subsections as so applying, the references in those subsections to a permit shall be read as references to an authority.

40Register of scientific organizations

(1)
The Designated Authority shall maintain a register containing a list of the names of scientific organizations that are registered scientific institutions for the purposes of section 41.
(2)
The register maintained under subsection (1) shall set out opposite to the name of a scientific organization entered in the register:
(a)
the address of that organization;
(b)
the date on which the name of the organization was entered in the register; and
(c)
such other particulars as the Designated Authority considers appropriate.
(3)
Subject to any regulations referred to in subsection (4), the Designated Authority may, in the Designated Authority’s discretion, enter in the register maintained under subsection (1) the name of a scientific organization in Australia, in an external Territory or in another country.
(4)
The regulation:
(a)
may provide that the Designated Authority shall not enter the name of a scientific organization in the register maintained under subsection (1) unless the Designated Authority is satisfied of certain matters in relation to the organization;
(b)
may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will enter the name of a scientific organization in that register; or
(c)
may provide that the name of a scientific organization may be entered in that register if the name of the organization is set out in, or in a specified part of, the latest edition of a publication specified in the regulations.
(5)
A scientific organization in Australia, in an external territory or in another country may apply to the Designated Authority to have its name entered in the register maintained under subsection (1).
(6)
An application under subsection (5) shall be made in accordance with the prescribed form or, if no form is prescribed, a form approved by the Designated Authority.
(7)
Subject to any regulations referred to in subsection (8), the Designated Authority may, in the Designated Authority’s discretion, remove the name of a scientific organization from the register maintained under subsection (1).
(8)
The regulations:
(a)
may provide that the Designated Authority shall not remove the name of a scientific organization from the register maintained under subsection (1) unless the Designated Authority is satisfied of certain matters in relation to the organization;
(b)
may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will remove the name of a scientific organization from that register; or
(c)
may provide that the name of a scientific organization may be removed from that register if the name of the organization ceases to be set out in, or in a specified part of, the latest edition of a publication specified in the regulations.

41Authority to export or import scientific specimens

(1)
In this section:
prescribed specimen means a specimen other than a live animal.
registered scientific institution means a scientific organization the name of which is entered in the register maintained under subsection 40(1).
(2)
A registered scientific institution may make an application, in writing, to the Minister for an authority under this section to:
(a)
export prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21, in pursuance of:
(i)
arrangements for the non‑commercial loan of prescribed specimens by the registered scientific institution to other registered scientific institutions;
(ii)
arrangements for the donation of prescribed specimens by the registered scientific institution to other registered scientific institutions; or
(iii)
arrangements for the exchange of prescibed specimens between the registered scientific institution and other registered scientific institutions;
being arrangements for the purposes of scientific research;
(b)
import prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22, in pursuance of:
(i)
arrangements for the non‑commercial loan of prescribed specimens to the registered scientific institution by other registered scientific institutions;
(ii)
arrangements for the donation of prescribed specimens to the registered scientific institution by other registered scientific institutions; or
(iii)
arrangements for the exchange of prescribed specimens between the registered scientific institution and other registered scientific institutions;

ARTICLE V

Regulation of Trade in Specimens of Species included in Appendix III

1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

(a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and
(b) a Management Authority of the state of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment.

3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.

4. In the case of re‑export, a certificate granted by the Management Authority of the State of re‑export that the specimen was processed in that State or is being re‑exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.

ARTICLE VI

Permits and Certificates

1. Permits and certificates granted under the provisions of Articles III, IV and V shall be in accordance with the provisions of this Article.

2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.

3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.

4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.

5. A separate permit or certificate shall be required for each consignment of specimens.

6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re‑export certificate and any corresponding import permit presented in respect of the import of that specimen.

7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes “mark” means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible.

ARTICLE VII

Exemptions and Other Special Provisions Relating to Trade

1. The provisions of Articles III, IV and V shall not apply to the transit or trans‑shipment of specimens through or in the territory of a Party while the specimens remain in Customs control.

2. Where a Management Authority of the State of export or re‑export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.

3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:

(a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or
(b) in the case of specimens of species included in Appendix II:
(i)
they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred:
(ii)
they are being imported into the owner’s State of usual residence; and
(iii)
the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens;

unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.

4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.

5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Articles III, IV or V.

6. The provisions of Articles III, IV and V shall not apply to the non‑commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority.

7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that:

(a) the exporter or importer registers full details of such specimens with that Management Authority;
(b) the specimens are in either of the categories specified in paragraphs 2 or 5 of this Article; and
(c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimise the risk of injury, damage to health or cruel treatment.

ARTICLE VIII

Measures to be Taken by the Parties

1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures:

(a) to penalize trade in, or possession of, such specimens, or both; and
(b) to provide for the confiscation or return to the State of export of such specimens.

2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.

3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimise the risk of injury, damage to health or cruel treatment.

4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:

(a) the specimen shall be entrusted to a Management Authority of the State of confiscation;
(b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other places as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and
(c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub‑paragraph (b) of this paragraph, including the choice of a rescue centre or other place.

5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated.

6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:

(a) the names and addresses of exporters and importers; and
(b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question.

7. Each Party shall prepare periodic reports on its implementation of the Present Convention and shall transmit to the Secretariat:

(a) an annual report containing a summary of the information specified in sub‑paragraph (b) of paragraph 6 of this Article; and
(b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.

8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.

ARTICLE IX

Management and Scientific Authorities

1. Each Party shall designate for the purposes of the present Convention:

(a) one or more Management Authorities competent to grant permits or certificates on behalf of that party; and
(b) one or more Scientific Authorities.

2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depository Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat.

3. Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties.

4. Any Management Authority referred to in paragraph 2 of this Article shall if so requested by the Secretariat or the Management Authority of another Party, communicate to it impressions of stamps, seals or other devices used to authenticate permits or certificates.

ARTICLE X

Trade with States not Party to the Convention

Where export or re‑export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.

ARTICLE XI

Conference of the Parties

1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.

2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one‑third of the parties.

3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:

(a) make such provisions as may be necessary to enable the Secretariat to carry out its duties;
(b) consider and adopt amendments to Appendices I and II in accordance with Article XV;
(c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;
(d) receive and consider any reports presented by the Secretariat or by any Party; and
(e) where appropriate, make recommendations for improving the effectiveness of the present Convention.

4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.

5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting.

6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.

7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one‑third of the Parties present object:

(a) international agencies or bodies, either governmental or non‑governmental, and national governmental agencies and bodies; and
(b) national non‑governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote.

ARTICLE XII

The Secretariat

1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter‑government or non‑governmental, international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora.

2. The Functions of the Secretariat shall be:

(a) to arrange for and service meetings of the Parties;
(b) to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention;
(c) to undertake scientific and technical studies in accordance with programs authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens;
(d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;
(e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;
(f) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices.
(g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;
(h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;
(i) to perform any other function as may be entrusted to it by the Parties.

ARTICLE XIII

International Measures

1. When the Secretariat in the light of information received is satisfied that any species included in Appendices I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned.

2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party.

3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate.

ARTICLE XIV

Effect on Domestic Legislation and International Conventions

1. The provisions of the present Convention shall in no way affect the right of Parties to adopt:

(a) stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or
(b) domestic measures restricting or prohibiting trade, taking, possession, or transport of species not included in Appendices I, II or III.

2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession, or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields.

3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external customs control and removing customs control between the parties thereto insofar as they relate to trade among the States members of that union or agreement.

4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement.

5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question.

6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

ARTICLE XV

Amendments to Appendices I and II

1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties:

(a) Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of sub‑paragraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting.
(b) Amendments shall be adopted by a two‑thirds majority of Parties present and voting. For these purposes “Parties present and voting” means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two‑thirds required for adopting an amendment.
(c) Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties:

(a) Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph.
(b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter‑governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co‑ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible.
(c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.
(d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub‑paragraphs (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.
(e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible.
(f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub‑paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.
(g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub‑paragraphs (h), (i) and (j) of this paragraph.
(h) The Secretariat shall notify the Parties that notification of objection has been received.
(i) Unless the Secretariat receives the votes for, against or in abstention from at least one‑half of the Parties within 60 days of the date of the notification under sub‑paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.
(j) Provided that votes are received from one‑half of the Parties, the amendment shall be adopted by a two‑thirds majority of Parties casting an affirmative or negative vote.
(k) The Secretariat shall notify all Parties of the result of the vote.
(l) If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all parties except those which make a reservation in accordance with paragraph 3 of this Article.

3. During the period of 90 days provided for by sub‑paragraph (c) of paragraph 1 or sub‑paragraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the party shall be treated as a State not a party to the present Convention with respect to trade in the species concerned.

ARTICLE XVI

Appendix III and Amendments thereto

1. Any party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub‑paragraph (b) of Article I.

2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned.

3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication.

4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any new interpretations as they are adopted.

ARTICLE XVII

Amendment of the Convention

1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one‑third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two‑thirds majority of Parties present and voting. For these purposes “Parties present and voting” means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two‑thirds required for adopting an amendment.

2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting.

3. An amendment shall enter into force for the Parties which have accepted it 60 days after two‑thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.

ARTICLE XVIII

Resolution of Disputes

1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute.

2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at the Hague and the Parties submitting the dispute shall be bound by the arbitral decision.

ARTICLE XIX

Signature

The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.

ARTICLE XX

Ratification, Acceptance, Approval

The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government.

ARTICLE XXI

Accession

The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.

ARTICLE XXII

Entry into Force

1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

ARTICLE XXIII

Reservations

1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI.

2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to:

(a) any species included in Appendix I, II, or III; or
(b) any parts or derivatives specified in relation to a species included in Appendix III.

3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation.

ARTICLE XXIV

Denunciation

Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Goverment has received the notification.

ARTICLE XXV

Depositary

1. The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.

Done at Washington this third day of March, One Thousand Nine Hundred and Seventy‑three.

Schedule 9Exotic birds that are not classified exotic birds [see Note 2]