Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995 (Cth)

Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995

No. 121 of 1995

CONTENTS

Section

1. Short title
2. Commencement
3. Amendments

SCHEDULE 1

DEFINITIONS OF “ANIMAL SPECIMEN” AND “PLANT SPECIMEN"

SCHEDULE 2

POWERS OF THE DESIGNATED AUTHORITY AND THE MINISTER

CONTENTS—continued

SCHEDULE 3

MANAGEMENT PROGRAMS AND CONTROLLED SPECIMENS

SCHEDULE 4

IMPORT OF CERTAIN SPECIMENS

SCHEDULE 5

ZOOLOGICAL EXPORT OF LIVE ANIMALS

SCHEDULE 6

EXPORT OF HOUSEHOLD PETS

SCHEDULE 7

DURATION OF CERTAIN PERMITS

SCHEDULE 8

MARKING OF CERTAIN SPECIMENS FOR IDENTIFICATION PURPOSES

SCHEDULE 9

ARRANGEMENTS RELATING TO ENFORCEMENT ETC.

SCHEDULE 10

NOTIFICATION OF PERMITS AND AUTHORITIES ETC.

SCHEDULE 11

IDENTITY CARDS FOR INSPECTORS

SCHEDULE 12

APPLICATIONS

SCHEDULE 13

PROPOSALS FOR THE AMENDMENT OF SCHEDULE 6 TO THE WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982

SCHEDULE 14

REGULATION OF THE POSSESSION OF CLASSIFIED EXOTIC BIRDS

SCHEDULE 15

ADDITIONAL OFFENCES RELATING TO THE IMPORT OR EXPORT OF SPECIMENS

SCHEDULE 16

PENALTIES AND OFFENCES

CONTENTS—continued

SCHEDULE 17

LIMITATION OF POWERS OF INSPECTORS

SCHEDULE 18

OBJECT OF ACT

SCHEDULE 19

POWERS OF SEARCH, ENTRY AND SEIZURE

Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995

No. 121 of 1995

An Act to amend the Wildlife Protection (Regulation of Exports and Imports) Act 1982, and for related purposes

[Assented to 2 November 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995.

Commencement

1. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Subject to subsections (3) and (4), the items of the Schedules commence on a day or days to be fixed by Proclamation.

(3) If an item of a Schedule (other than an item of Schedule 14) does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(4) If an item of Schedule 14 does not commence under subsection (2) within the period of 11 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Amendments

3. The Wildlife Protection (Regulation of Exports and Imports) Act 1982 is amended in accordance with the applicable items in the Schedules, and the other items in the Schedules have effect according to their terms.

______________

SCHEDULE 1 Section 3

DEFINITIONS OF “ANIMAL SPECIMEN” AND “PLANT SPECIMEN”

1. Subsection 4(1) (paragraph (d) of the definition of “animal specimen”):

Omit the paragraph, substitute:

“(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;”.

2. Subsection 4(1) (definition of “plant”):

After “kingdom” insert “, and includes fungi”.

3. Subsection 4(1) (paragraph (d) of the definition of “plant specimen”):

Omit the paragraph, substitute:

“(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;”.

______________

SCHEDULE 2 Section 3

POWERS OF THE DESIGNATED AUTHORITY AND THE MINISTER

1. Subsections 23(4) and (5):

Omit “(including the purpose of enabling the Designated Authority to advise the Minister in relation to the application)”.

2. Amendment of listed provisions

(1) Each of the following provisions of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 is amended by omitting “the Designated Authority has advised the Minister that the Designated Authority is satisfied” and substituting “the Minister is satisfied”:

section 25
section 26
subsections 27(1) and (2)
sections 28, 29, 30, 31,33 and 34
subsections 32(2) and (3)
subsections 35(1), (2) and (3)
subsections 36(1) and (2)
subsections 37(1) and (2) section 38
subsection 41(4)
subsections 42(4) and (5)
subsection 42A(7)
subsection 42B(9)
subsection 43(6) paragraph 44(1)(b)
subsection 56A(3).

(2) If section 56A of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 is repealed before the commencement of this item, the list in subitem (1) has effect as if it did not include a reference to subsection 56A(3) of that Act.

3. Paragraph 44(1) (c):

Omit all the words before “is satisfied that:”, substitute “even though the Minister is not satisfied in relation to that matter, the Minister”.

4. Subsection 76(4):

Omit the subsection.

SCHEDULE 2—continued

5. Paragraph 80(1)(e):

Omit “Designated Authority that the Designated Authority”, substitute “Minister that the Minister”.

6. Paragraph 80(1)(k):

Omit “Designated Authority that the Designated Authority”, substitute “Minister that the Minister”.

7. Subsection 80(2):

Omit “Designated Authority that the Designated Authority”, substitute “Minister that the Minister”.

8. Saving—AAT review of pre-commencement decisions

Despite the amendments of section 80 of the Wildlife Protection (Regulation of Exports and Imports)Act 1982 made by this Schedule, that section continues to apply, in relation to a decision of the Designated Authority made before the commencement of this item, as if those amendments had not been made.

______________

SCHEDULE 3 Section 3

MANAGEMENT PROGRAMS AND CONTROLLED SPECIMENS

1. Subsection 10(1):

After “Subject to” insert “subsection (1B) and to”.

2. Before subsection 10(2):

Insert:
“(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.”.

3. Subsection 10(2):

Omit the subsection, substitute:

“(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.”.

4. After subsection 10(2):

Insert:

“(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.

SCHEDULE 3—continued

“(2D) A fresh declaration that is made during that 90-day period takes effect immediately after the end of that period.”.

5. Subsection 10(3):

Omit all the words and paragraphs after “complied with;”, substitute “but, in such a case, the instrument of declaration is to specify the period, circumstances or condition.”.

6. Section 10:

Add at the end:

“(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.”.

7. After subsection 10A(2):

Insert:

“(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.”.

8. After subsection 10A(3):

Insert:

“(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).

SCHEDULE 3—continued

“(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.”.

9. Subsection 10A(4):

Omit all the words and paragraphs after “a particular condition;”, substitute “but, in such a case, the instrument of declaration is to specify the period, quantity, circumstances or condition.”.

10. After subsection 10A(4):

Insert:

“(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.”.

11. Subsection 10A(5):

Omit the subsection, substitute:

“(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).”.

12. Paragraphs 80(1)(aa), (ab) and (ac):

Omit the paragraphs, substitute:

“(aa) a decision of the Minister under subsection 10(4), (6) or (7) to revoke a declaration;

SCHEDULE 3—continued

(ab) a decision by the Minister under subsection 10(5) to vary a declaration;

(ac) a declaration by the Minister under subsection 10A(2) or (3);

(ad) a decision of the Minister under subsection 10A(4A), (4C) or (4D) to revoke a declaration;

(ae) a decision by the Minister under subsection 10A(4B) to vary a declaration;”.

13. Application

Despite the repeal of paragraphs 80(1) (aa), (ab) and (ac) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 effected by this Schedule, those paragraphs continue to apply, in relation to a declaration or revocation, as the case requires, made before the commencement of this item, as if those repeals had not happened.

14. Transitional—declarations about management programs

If:

(a) a declaration under subsection 10(1) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 in relation to a management program is in force immediately before the commencement of this item; and
(b) the instrument of declaration does not specify a period for the purposes of subsection 10(3) of that Act;

the declaration expires on the commencement of this item. However, this item does not prevent the Minister from making a fresh declaration under subsection 10(1) of that Act in relation to the management program.

15. Transitional-declarations about controlled specimens

(a) a declaration under subsection 10A(2) or (3) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 in relation to a specimen is in force immediately before the commencement of this item; and
(b) the instrument of declaration does not specify a period for the purposes of subsection 10A(4) of that Act;

the declaration expires on the commencement of this item. However, this item does not prevent the Minister from making a fresh declaration under subsection 10A(2) or (3) of that Act in relation to the specimen.

_____________

SCHEDULE 4 Section 3

IMPORT OF CERTAIN SPECIMENS

1. After paragraph 22(a):

Insert:

“(aa) a specimen specified in Part I of Schedule 2A; or”.

2. Subsection 35(1):

Omit “or Part I of Schedule 3”, substitute Part I of Schedule 2A or Part I of Schedule 3”.

3. Subparagraph 36(1)(c)(i):

Add at the end “or”.

4. Subsection 37(1):

Omit “subsection (2)”, substitute “subsections (2) and (3)”.

5. Section 37:

Add at the end:

“(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.”.

6. After section 38:

Insert:

Requirements for permits to import—Schedule 2A

“38A. 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

SCHEDULE 4— continued

(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.”.

7. After Schedule 2:

Insert:

“SCHEDULE 2A Sections 22, 35 and 38A

CITES APPENDIX III SPECIMENS

PART I—SPECIMENS

A specimen, other than faeces, that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part II.

A specimen, that is, or is derived from, a plant of a genus, species or sub-species specified, or described, in Part III, other than:

● a seed, spore, pollen (including pollinia), a tissue culture or flasked seedling culture; or

● a part or derivative of the specimen that is not readily recognisable.

PART II—ANIMALS
Order/Family	Genus, species or sub-species	Country	Common name
DIVISION 1— Class Mammalia
CHIROPTERA	BATS
Phyllostomidae	Vampyrops lineatus	Uruguay
EDENTATA	SLOTHS
Myrmecophagidae	Tamandua tetradactyla	Guatemala

SCHEDULE 4— continued

Order/Family	Genus, species or sub-species	Country	Common name
Megalonychidae	Choloepus hoffmanni	Costa Rica
Dasypodidae	Cabassous centralis	Costa Rica
Cabassous tatouay	Uruguay
RODENTIA	SQUIRRELS
Sciuridae	Epixerus ebii	Ghana
Marmota caudata	India
Marmota himalayana	India
Sciurus deppei	Costa Rica
Anomaluridae	Anomalurus beecrofti	Ghana
Anomalurus derbianus	Ghana
Anomalurus pelii	Ghana
Idiurus macrotis	Ghana
Hystricidae	Hystrix cristata	Ghana
Erethizontidae	Sphiggurus mexicanus	Honduras
Sphiggurus spinosus	Uruguay
Agoutidae	Agouti paca	Honduras
Dasyproctidae	Dasyprocta punctata	Honduras
CARNIVORA	DOGS, WOLVES, COYOTES, JACKALS, FOXES
Canidae	Canis aureus	India
Vulpes bengalensis	India
Vulpes vulpes griffithi	India
Vulpes vulpes montana	India
Vulpes vulpes pusilla	India
Procyonidae	Bassaricyon gabbii	Costa Rica
Bassariscus sumichrasti	Costa Rica
Nasua narica	Honduras
Nasua nasua solitaria	Uruguay
Potos flavus	Honduras
Mustelidae	Eira barbara	Honduras
Galictis vittata	Costa Rica
Martes flavigula	India
Martes foina intermedia	India
Mellivora capensis	Botswana, Ghana
Mustela altaica	India
Mustela erminea ferghanae	India

SCHEDULE 4— continued

Order/Family	Genus, species or sub-species	Country	Common name
Mustela kathiah	India
Mustela sibirica	India
Viverridae	Arctictis binturong	India
Civettictis civetta	Botswana
Paguma larvata	India
Paradoxurus hermaphroditus	India
Paradoxurus jerdoni	India
Viverra civettina	India
Viverra zibetha	India
Viverricula indica	India
Herpestidae	Herpestes javanicus auropunctata	India
Herpestes edwardsi	India
Herpestes brachyurus jusca	India
Herpestes smithii	India
Herpestes urva	India
Herpestes vitticollis	India
Protelidae	Proteles cristatus	Botswana
PINNIPEDIA	EARED
SEALS
Odobenidae	Odobenus rosmarus	Canada
ARTIODACTYLA	PRONG- HORNS, ANTE- LOPES, CATLLE, DUIKERS, GAZELLES, SHEEP
Tragulidae	Hyemoschus aquaticus	Ghana
Cervidae	Cervus elaphus barbarus	Tunisia
Mazama americana cerasina	Guatemala
Odocoileus virginianus mayensis	Guatemala
Bovidae	Antilope cervicapra	Nepal
Bubalus arnee	Nepal

SCHEDULE 4—continued

Order/Family	Genus, species or sub-species	Country	Common name
Damaliscus lunatus	Ghana
Gazella cuvieri	Tunisia
Gazella dorcas	Tunisia
Gazella leptoceros	Tunisia
Tetracerus quadricornis	Nepal
Tragelaphus eurycerus	Ghana
Tragelaphus spekii	Ghana
DIVISION 2—Aves
CICONIIFORMES	STORKS
Ardeidac	Ardea goliath	Ghana
Bubulcus ibis	Ghana
Casmerodius albus	Ghana
Egretta garzetta	Ghana
Ciconiidae	Ephippiorhynchus senegalensis	Ghana
Leptoptilos crumeniferus	Ghana
Threskiornithidae	Bostrychia hagedash	Ghana
Bostrychia rara	Ghana
Threskiornis aethiopicus	Ghana
ANSERIFORMES	DUCKS,
GEESE,
SWANS
Anatidae	Alopochen aegyptiacus	Ghana
Alias acuta	Ghana
Anas capensis	Ghana
Anas clypeata	Ghana
Anas crecca	Ghana
Anas penelope	Ghana
Anas querquedula	Ghana
Aythya nyroca	Ghana
Cairina moschata	Honduras
Dendrocygna autumnalis	Honduras

SCHEDULE 4-continued

Order/Family	Genus, species or sub-species	Country	Common name
Dendrocygna bicolor	Ghana, Honduras
Dendrocygna viduata	Ghana
Nettapus auritus	Ghana
Plectropterus gambensis	Ghana
Pteronetta hartlaubii	Ghana
FALCONIFORMES
Cathartidae	Sarcoramphus papa	Honduras
GALLIFORMES	PHEASANTS, GROUSE
Cracidae	Crax alberti	Colombia
Crax daubentoni	Colombia
Crax globulosa	Colombia
Crax rubra	Colombia, Costa Rica, Guatemala, Honduras
Ortalis vetula	Guatemala, Honduras
Pauxi pauxi	Colombia
Penelope purpurascens	Honduras
Penelopina nigra	Guatemala
Phasianidae	Agelastes meleagrides	Ghana
Agriocharis ocellata	Guatemala
Arborophila charltonii	Malaysia
Arborophila orientalis	Malaysia
Caloperdix oculea	Malaysia
Lophura erythrophthalma	Malaysia
Lophura ignita	Malaysia
Melanoperdix nigra	Malaysia
Polyplectron inopinatum

Malaysia
Rhizothera longirostris	Malaysia
Rollulus rouloul	Malaysia
Tragopan satyra	Nepal
CHARADRIIFORMES
Burhinidae	Burhinus bistriatus	Guatemala

SCHEDULE 4—continued

Order/Family	Genus, species or sub-species	Country	Common name
COLUMBIFORMES	DOVES, PIGEONS
Columbidae	Columba guinea	Ghana
Columba iriditorques	Ghana
Columba livia	Ghana
Columba mayeri	Mauritius
Columba unicincta	Ghana
Oena capensis	Ghana
Streptopelia decipiens	Ghana
Streptopelia roseogrisea	Ghana
Streptopelia semitorquata	Ghana
Streptopelia senegalensis	Ghana
Streptopelia turtur	Ghana
Streptopelia vinacea	Ghana
Treron calva	Ghana
Treron waalia	Ghana
Turtur abyssinicus	Ghana
Turtur afer	Ghana
Turtur brehmeri	Ghana
Turtur tympanistria	Ghana
PSITTACIFORMES	PARROTS
Psittacidae	Psittacula krameri	Ghana
CUCULIFORMES	TURACOS
Musophagidae	Corythaeola cristata	Ghana
Crinifer piscator	Ghana
Musophaga violacea	Ghana
PICIFORMES	TOUCANS
Capitonidae	Semnornis ramphastinus	Colombia
Ramphastidae	Baillonius bailloni	Argentina
Pteroglossus castanotis	Argentina
Ramphastos dicolorus	Argentina
Selenidera maculirostris	Argentina

SCHEDULE 4— continued

Order/Family	Genus, species or sub-species	Country	Common name
PASSERIFORMES	COTINGAS
Cotingidae	Cephalopterus ornatus	Colombia
Cephalopterus penduliger	Colombia
Muscicapidae	Bebrornis rodericanus	Mauritius
Terpsiphone bourbonnensis	Mauritius
Fringillidae	Serinus canicapillus	Ghana
Serinus leucopygius	Ghana
Serinus mozambicus	Ghana
Estrildidae	Amadina fasciata	Ghana
Amandava subflava	Ghana
Estrilda astrild	Ghana
Estrilda caerulescens	Ghana
Estrilda melpoda	Ghana
Estrilda troglodytes	Ghana
Lagonosticta rara	Ghana
Lagonosticta rubricata	Ghana
Lagonosticta rufopicta	Ghana
Lagonosticta senegala	Ghana
Lagonosticta vinacea	Ghana
Lonchura bicolor	Ghana
Lonchura cantans	Ghana
Lonchura cucullata	Ghana
Lonchura fringilloides	Ghana
Mandingoa nitidula	Ghana
Nesocharis capistrata	Ghana
Nigrita bicolor	Ghana
Nigrita canicapilla	Ghana
Nigrita fusconota	Ghana
Nigrita luteifrons	Ghana
Ortygospiza atricollis	Ghana
Parmoptila rubrifrons	Ghana
Pholidornis rushiae	Ghana

SCHEDULE 4— continued

Order/Family	Genus, species or sub-species	Country	Common name
Pyrenestes ostrinus	Ghana
Pytilia hypogrammica	Ghana
Pytilia phoenicoptera	Ghana
Spermophaga haematina	Ghana
Uraeginthus bengalus	Ghana
Ploceidae	Amblyospiza albifrons	Ghana
Anaplectes rubriceps	Ghana
Anomalospiza imberbis	Ghana
Bubalornls albirostris	Ghana
Euplectes afer	Ghana
Euplectes ardens	Ghana
Euplectes franciscanus	Ghana
Euplectes hordeaceus	Ghana
Euplectes macrourus	Ghana
Malimbus cassini	Ghana
Malimbus malimbicus	Ghana
Malimbus nitens	Ghana
Malimbus rubricollis	Ghana
Malimbus scutatus	Ghana
Pachyphantes superciliosus	Ghana
Passer griseus	Ghana
Petronia dentata	Ghana
Plocepasser superciliosus	Ghana
Ploceus albinucha	Ghana
Ploceus aurantius	Ghana
Ploceus cucullatus	Ghana
Ploceus heuglini	Ghana
Ploceus luteolus	Ghana
Ploceus melanocephalus	Ghana
Ploceus nigerrimus	Ghana
Ploceus nigricollis	Ghana
Ploceus pelzelni	Ghana

SCHEDULE 4—continued

Order/Family	Genus, species or sub-species	Country	Common name
Ploceus preussi	Ghana
Ploceus tricolor	Ghana
Ploceus vitellinus	Ghana
Quelea erythrops	Ghana
Sporopipes frontalis	Ghana
Vidua chalybeata	Ghana
Vidua interjecta	Ghana
Vidua larvaticola	Ghana
Vidua macroura	Ghana
Vidua orientalis	Ghana
Vidua raricola	Ghana
Vidua togoensis	Ghana
Vidua wilsoni	Ghana
Sturnidae	Gracula religiosa	Thailand
DIVISION 3—Reptilia
TESTUDINATA	TURTLES
Trionychidae	Trionyx triunguis	Ghana
Pelomedusidae	Pelomedusa subrufa	Ghana
Pelusios adansonii	Ghana
Pelusios castaneus	Ghana
Pelusios gabonensis	Ghana
Pelusios niger	Ghana
SERPENTES	SNAKES
Colubridae	Atretium schistosum	India
Cerberus rhynchops	India
Xenochrophis piscator	India
Elapidae	Micrurus diastema	Honduras
Micrurus nigrocinctus	Honduras
Viperidae	Agkistrodon bilineatus	Honduras
Bothrops asper	Honduras

SCHEDULE 4—continued

Order/Family	Genus, species or sub-species		Country	Common name
Bothrops nasutus		Honduras
Bothrops nummifer		Honduras
Bothrops ophryomegas		Honduras
Bothrops schlegelii		Honduras
Crotalus durissus		Honduras
Vipera russellii		India
PART III—PLANTS
GNETACEAE		Gnetum montanum	Nepal
MAGNOLIACEAE		Talauma hodgsonii	Nepal
PAPAVERACEAE		Meconopsis regia	Nepal
PODOCARPACEAE		Podocarpus neriifolius	Nepal
TETRACENTRACEAE		Tetracentron sinense	Nepal”.

_____________

SCHEDULE 5 Section 3

ZOOLOGICAL EXPORT OF LIVE ANIMALS

1. Paragraph 13(1)(a):

Add at the end “and”.

2. Paragraph 13(1)(b):

Omit the paragraph, substitute:

“(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”.

3. Subsection 13(1):

Add at the end:

“; 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.”.

4. After section 47:

Insert:

Export of live native Australian animals by way of inter zoological gardens transfer—special conditions in respect of permits or authorities

When section applies

“47A.(1) This section applies to a permit granted, or an authority given, to export a live native Australian animal by way of an inter zoological gardens transfer.

SCHEDULE 5—continued

Conditions relating to agreements

“(2) Without limiting the conditions that may be imposed under subsection 47(1) in respect of the permit or authority, a condition so imposed may:

(a) require the exporter of the animal to enter into a specified kind of legally enforceable agreement about the treatment or disposal of the animal and any progeny of the animal; and
(b) require the exporter of the animal to take reasonable steps to enforce the agreement.

Duration of permit or authority

“(3) For the purposes of section 48, the permit or authority is taken to be in force:

(a) throughout the life of the animal; and
(b) throughout the life, or lives, of any progeny of the animal;

or for such lesser period as the Designated Authority determines in writing.

Meaning of progeny

“(4) In this section:

‘progeny’ does not include animal reproductive material.”.

5. After paragraph 80(1)(s):

Insert:
“(sa) a decision by the Designated Authority under subsection 47A(3);”.

___________

SCHEDULE 6 Section 3

EXPORT OF HOUSEHOLD PETS

1. Paragraph 16(1)(a):

After “Schedule 7” insert “, other than the species Melopsittacus undulatus (common name budgerigar)”.

2. Paragraph 16(1)(b):

Omit the paragraph, substitute:

“(b) the exporter kept the animal as a household pet immediately before the export;”.

3. Paragraphs 16(1) (e) and (f):

Omit the paragraphs, substitute:

“(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.”.

___________

SCHEDULE 7 Section 3

DURATION OF CERTAIN PERMITS

1. Paragraph 24(5) (b):

Omit the paragraph, substitute:

“(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,”.

2. Application

The amendment made by this Schedule applies to a permit granted after the commencement of this item.

______________

SCHEDULE 8 Section 3

MARKING OF CERTAIN SPECIMENS FOR IDENTIFICATION PURPOSES

1. After Division 6 of Part II:

Insert:

“Division 6A—Marking of certain specimens for the purposes of identification

Object

“51A. The object of this Division is:

(a) to comply with Australia’s obligations under:

(i) the Convention on Biological Diversity; and
(ii) the Convention (as defined by subsection 4(1)); and
(b) otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries;

by requiring the marking of certain live specimens for the purposes of identification.

Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate:
● promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and
● prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and
● develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations.

Specimens to which Division applies

“51B. This Division applies to a live specimen belonging to a species specified in the regulations if:

(a) the specimen has been imported in accordance with a permit or authority; or
(b) the specimen is the progeny of a specimen referred to in paragraph (a).

Extended meaning of “marking”

“51C. A reference in this Division to the marking of a specimen includes a reference to the following:

SCHEDULE 8— continued

(a) in the case of a live plant:

(i) the marking or labelling of a container within which the plant is kept or in which the plant is growing; and
(ii) the placement of a label or tag on the plant;

(b) in the case of a live animal:

(i) the implantation of a scannable device in the animal; and
(ii) the placement of a band on any part of the animal; and
(iii) the placement (whether by piercing or otherwise) of a tag or ring on any part of the animal; and
(iv) the marking or labelling of a container within which the animal is kept.

Designated Authority may make determinations about marking of specimens

Determinations

“51D.(1) The Designated Authority may make a written determination about the marking of specified kinds of specimens for the purposes of identification.

Matters that may be covered by determination

“(2) Without limiting subsection (1), a determination by the Designated Authority under that subsection may:

(a) require specimens to be marked; and

(b) deal with the manner in which specimens are to be marked; and

(d) deal with the removal or destruction of marks; and

(e) deal with the replacement or modification of marks; and

(f) require that marking be carried out by persons approved in writing by the Designated Authority under that determination; and

(g) deal with the circumstances in which marks may be, or are required to be, rendered useless; and

(h) in the case of a mark that consists of a label, tag, band or device:
(i) set out specifications relating to the label, tag, band or device; and
(ii) require that any destruction or removal of the label, tag, band or device be carried out by a person approved in writing by the Designated Authority under that determination.

SCHEDULE 8—continued

Marking of animals not to involve undue pain etc.

“(3) In the case of a live animal, a determination under subsection (1) must not require marking that involves:

(a) undue pain or distress to the animal; or
(b) undue risk of the death of the animal.

Marking of plants not to involve undue risk of death

“(4) In the case of a live plant, a determination under subsection (1) must not require marking that involves undue risk of the death of the plant.

Disallowable instrument

“(5) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Offences

Owner to ensure specimens marked etc.

“51E.(1) If a determination under section 51D applies to a specimen, the owner of the specimen must comply with the determination.

Person not to remove or interfere with mark etc.

“(2) If a specimen is marked in accordance with a determination under section 51D, a person must not:

(a) remove the mark; or
(b) interfere with the mark; or
(c) render the mark unusable;

except in accordance with a determination under that section.

Offence

“(3) A person who intentionally or recklessly contravenes subsection (1) or (2) is guilty of an offence punishable on conviction by a fine not exceeding 120 penalty units.

Concurrent operation of State and Territory laws

“51E. This Division is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Division.”.

2. Subsection 80(1):

After “review of” insert “any of the following decisions”.

3. Paragraph 80(1)(u):

Omit “or” (last occurring).

SCHEDULE 8—continued

4 After paragraph 80(1)(u):

Insert:

“(ua) a decision of the Designated Authority under a determination in force under section 51D;”.

________________

SCHEDULE 9 Section 3

ARRANGEMENTS RELATING TO ENFORCEMENT ETC.

1. Section 77:

Add at the end:

“(2) The Designated Authority may make arrangements with:

(a) an authority, agency or instrumentality of the Commonwealth; or

(b) the Secretary to a Department; or

(d) the administration of an external Territory; or

(e) an authority, agency or instrumentality of a foreign country; or

(f) an organisation specified in the regulations;

about any matter in connection with:

(g) the administration or enforcement of this Act; or

(h) the implementation of the Convention.”.

____________

SCHEDULE 10 Section 3

NOTIFICATION OF PERMITS AND AUTHORITIES ETC.

1. Subsection 52(1):

Omit the subsection, substitute:

“(1) The Designated Authority must, from time to time, but not less frequently than every 12 months, prepare a document setting out particulars of:

(a) permits granted or authorities given; and

(b) refusals to grant permits or to give authorities; and

“(1A) The Designated Authority must:

(a) give a free copy of the document to any person who asks for a copy; and

(b) make the document available for inspection at each office of the Designated Authority.

“(1B) As soon as practicable after the Designated Authority prepares a document under subsection (1), the Designated Authority must publish a notice in the Gazette:

(a) stating that the document has been prepared; and
(b) setting out the effect of subsection (1A).”.

2 Subsections 52(2) and (3):

Omit “published in the Gazette”, substitute “set out in a document”.

___________

SCHEDULE 11 Section 3

IDENTITY CARDS FOR INSPECTORS

1. After subsection 61(2):
Insert:

“(3) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding one penalty unit.”.

2. Section 61:

Omit the penalty.

_____________

SCHEDULE 12 Section 3

APPLICATIONS

1. After subsection 9(1):

Insert:

“(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. After subsection 10(1):

Insert:

“(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.”.

3. After subsection 10A(5):

Insert:

“(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.”.

____________

SCHEDULE 13 Section 3

PROPOSALS FOR THE AMENDMENT OF SCHEDULE 6 TO THE WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982

1. Section 9:

Add at the end:
“Note: See section 9B for requirements about comments on proposed declarations relating to the amendment of Schedule 6.”.

2. Before paragraph 9A(1)(a):

Insert:

“(aa) proposals for declarations under section 9, where the declarations relate to the amendment of Schedule 6; and”.

3. Before paragraph 9B(1)(a):

Insert:

“(aa) make a declaration under section 9, where the declaration relates to the amendment of Schedule 6; or”.

______________

SCHEDULE 14 Section 3

REGULATION OF THE POSSESSION OF CLASSIFIED EXOTIC BIRDS

1. Title:

After “goods,” insert “and by regulating the possession of certain exotic birds,”.

2. Subsection 4(1) (definition of “holder”):

Add at the end:

“or (c) in relation to a registration certificate—the person who, or the partnership that, has been granted that certificate;”.

3. Subsection 4(1):

Insert:

“ ‘classified exotic bird’ means a bird (other than a native Australian bird) that belongs to a species that is not specified in Schedule 9;

'Exotic Birds Committee’ means the Exotic Birds Committee established by section 57U;

‘registration certificate’ means a registration certificate granted under section 57H;”.

4. After Part II:

Insert:

“PART IIA—REGULATION OF THE POSSESSION OF CLASSIFIED

EXOTIC BIRDS

“Division 1—Object

Object

“57A. The object of this Part is:

(a) to comply with Australia’s obligations under:

(i) the Convention on Biological Diversity; and

(ii) the Convention (as defined by subsection 4(1)); and
(b) otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries;

by regulating the possession of certain exotic birds.

Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate:
● promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and
● prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and
● develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations.

SCHEDULE 14—continued

“Division 2—Prohibition of the unregistered possession of classified exotic

birds etc.

Unregistered possession of classified exotic birds

Possession of classified exotic birds

“57B.(1) Subject to this section, a person must not, after the end of the transitional period, intentionally possess a classified exotic bird if the person knows that, or is reckless as to whether, the bird is a classified exotic bird.

Penalty: Imprisonment for 5 years.

Possession in accordance with a registration certificate

“(2) Subsection (1) does not apply to the possession of a bird if the possession is in accordance with a registration certificate.

Possession by veterinary practitioners

“(3) Subsection (1) does not apply to the possession by a person of a bird if:

(a) the person is registered as a veterinary practitioner (however described) under a law of a State or Territory; and

(b) the possession is of a kind specified in the regulations.

This subsection does not, by implication, limit subsection (5).

Possession notified to Designated Authority during transitional period

“(4) Subsection (1) does not apply to the possession by a person of a bird if all of the following conditions are satisfied:

(a) the bird does not belong to a species specified in the regulations;

(b) the possession is at a time during the period of 90 days beginning at the end of the transitional period;
(c) the bird was in the possession of the person at any time during the transitional period;
(d) the person notified the Designated Authority in writing of the possession referred to in paragraph (c) before the end of the transitional period.

This subsection does not, by implication, limit subsection (5).

Possession of a kind specified in the regulations

“(5) Subsection (1) does not apply to the possession of a bird if the possession is of a kind specified in the regulations.

Definition

“(6) In this section:

‘transitional period’ means the period ending 30 days after the commencement of this section.

Note: Under section 57S, a partnership is treated as a person for the purposes of this Division.

SCHEDULE 14—continued

Unlawful transfers of possession of classified exotic birds

Offence

“57C.(1) A person must not intentionally transfer to another person (the “recipient”) possession of a classified exotic bird if:

(a) the person knows that, or is reckless as to whether, the bird is a classified exotic bird; and
(b) the recipient’s possession would contravene section 57B; and
(c) the person knows that, or is negligent as to whether, the recipient’s possession would contravene section 57B.

Penalty: 120 penalty units.

Negligence

“(2) For the purposes of this section, a person is taken to be negligent as to whether the recipient’s possession would contravene section 57B if, and only if, the person’s conduct involves:

(a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and
(b) such a high risk that the recipient’s possession would contravene section 57B;

that the conduct merits criminal punishment.

“Division 3—Registration certificates

Application for registration certificate

“57D. A person may apply to the Designated Authority for a registration certificate authorising the applicant to possess birds belonging to one or more species of classified exotic bird specified in the application.

Note: This means that the application docs not have to identify individual birds—it only needs to specify the species.

Joint applications

“57E.(1) 2 or more persons may make a joint application under section 57D.

“(2) If a joint application is made, then, unless the contrary intention appears, a reference in this Division to the applicant is a reference to the joint applicants.

Form of application etc.

“57F. The application must be:

(a) in writing; and

(b) in accordance with the prescribed form or, if no form is prescribed, a form approved by the Minister.

SCHEDULE 14—continued

Further information

“57G. The Designated Authority may refuse to consider the application unless the applicant gives the Designated Authority such further information about the application as the Designated Authority requires.

Grant of registration certificate

“57H.(1) After considering the application, the Designated Authority must grant a registration certificate in accordance with the application.

“(2) This section has effect subject to section 57J (which deals with refusals).

Refusal of registration certificate

Designated Authority to refuse certificate if applicant disqualified

“57J.(1) Except in special circumstances, the Designated Authority must refuse to grant a registration certificate to an applicant or to joint applicants if, at the time the application is made, the applicant, or any of the joint applicants, as the case requires, is:

(a) a disqualified individual; or
(b) a disqualified body corporate; or
(c) a disqualified partnership.
Note: Subsections (2), (3) and (4) define “disqualified individual”, “disqualified body corporate” and “disqualified partnership” respectively.

Disqualified individual

“(2) For the purposes of this section, an individual is a disqualified individual at a particular time if the individual has been convicted of an offence against this Act during the 5-year period ending at that time.

Disqualified body corporate

“(3) For the purposes of this section, a body corporate is a disqualified body corporate at a particular time if:

(a) the body corporate has been convicted of an offence against this Act during the 5-year period ending at that time; or
(b) at that time, any of the following individuals is a disqualified individual:
(i) a director of the body corporate;

(ii) the secretary of the body corporate;

(iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.

SCHEDULE 14— continued

Disqualified partnership

“(4) For the purposes of this section, a partnership is a disqualified partnership at a particular time if, at that time:

(a) in a case where a partner is an individual—the partner is a disqualified individual; or
(b) in a case where a partner is a body corporate—the partner is a disqualified body corporate.

Extended meaning of "conviction”—orders under section 19B of the Crimes Act 1914

“(5) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.

Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.

Quashed convictions

“(6) A reference in this section to a conviction does not include a reference to a conviction that has been quashed.

Notification of refusal of application

“57K. If the Designated Authority refuses an application, the Designated Authority must give written notice of the refusal to the applicant.

Duration of registration certificate

When certificate comes into force

“57L.(1) A registration certificate (the ‘new certificate’) comes, or is taken to have come, into force:

(a) if:
(i) the applicant for the new certificate already holds a registration certificate (the ‘previous certificate’); and
(ii) the new certificate is granted by way of the renewal of the previous certificate; and
(iii) the application for the new certificate was made at least 14 days before the expiry of the previous certificate;
immediately after the expiry of the previous certificate; or
(b) in any other case:
(i) on the day on which the new certificate is granted; or
(ii) if the new certificate is granted during the period ending 30 days after the commencement of this section—at the end of that period.

SCHEDULE 14— continued

Period for which certificate remains in force

“(2) A registration certificate remains in force for such period, not exceeding 12 months, as the Designated Authority determines.

Conditions of registration certificate

“57M.(1) A registration certificate is subject to such conditions as are specified in the certificate.

“(2) The Designated Authority may, by written notice given to the holder or holders of a registration certificate:

(a) impose one or more further conditions to which the certificate is subject; or
(b) revoke or vary any condition:
(i) imposed under paragraph (a); or

(ii) specified in the certificate.

“(3) Without limiting the kinds of conditions to which a registration certificate may be subject, the conditions may relate to the following:

(a) the maximum number of classified exotic birds of a particular species that may be in the possession of the holder or holders of the certificate in accordance with the certificate;
(b) the keeping of records by the holder or holders of the certificate, where the records relate to classified exotic birds;
(c) the giving of information to the Designated Authority by the holder or holders of the certificate, where the information relates to classified exotic birds;
(d) if the registration certificate is held by a partnership—the giving of information to the Designated Authority about any change in the composition of the partnership;
(e) the care of classified exotic birds.

Offence of contravening conditions

“57N. The holder, or any of the holders, of a registration certificate must not intentionally contravene a condition of the certificate.

Penalty: 120 penalty units.

Surrender of registration certificate

“57P. The holder, or any of the holders, of a registration certificate may, at any time, surrender the certificate by:

(a) returning the certificate to the Designated Authority; and
(b) giving the Designated Authority written notice that the certificate is surrendered.

SCHEDULE 14—continued

Cancellation of registration certificate

“57Q.(1) Except in special circumstances, the Designated Authority must cancel a registration certificate at a particular time if, at that time, the holder, or any of the holders, of the certificate is:

(a) a disqualified individual (within the meaning of section 57J); or
(b) a disqualified body corporate (within the meaning of section 57J); or
(c) a disqualified partnership (within the meaning of section 57J).

“(2) Except in special circumstances, the Designated Authority must cancel a registration certificate if the holder, or any of the holders, of the certificate has contravened any of the conditions to which the certificate is subject.

“(3) If the Designated Authority cancels a registration certificate, the Designated Authority must give written notice of the cancellation to the holder or holders of the certificate.

“Division 4—Operation of State and Territory laws

Concurrent operation of State and Territory laws

“57R. Divisions 2 and 3 are not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with those Divisions.

“Division 5—Partnerships

Treatment of partnerships

“57S. Divisions 2 and 3 apply to a partnership as if the partnership were a person, but they apply with the following changes:

(a) obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners;
(b) any offence against those Divisions that would otherwise be committed by the partnership is taken to have been committed by each partner who:
(i) aided, abetted, counselled or procured the relevant act or omission; or
(ii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).

SCHEDULE 14— continued

Giving of documents to partnerships

“57T. For the purposes of Divisions 2 and 3, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.

“Division 6—Exotic Birds Committee

“Subdivision A—Establishment of Committee etc.

Exotic Birds Committee

Committee

“57U.(1) There is to be an Exotic Birds Committee.

Composition of Committee

“(2) The Exotic Birds Committee consists of the following members:

(a) a Chairperson;
(b) at least 12 other members.

Vacancy not to affect performance of functions etc.

“(3) The performance of the functions, or the exercise of the powers, of the Exotic Birds Committee is not affected only because of there being a vacancy or vacancies in the membership of the Committee.

Functions of Committee

General functions

“57V.(1) The functions of the Exotic Birds Committee are as follows:

(a) when requested to do so by the Minister, to advise the Minister about a matter relating to the operation of the exotic birds provisions;
(b) when requested to do so by the Minister, to review and report to the Minister about a matter relating to the operation of the exotic birds provisions;
(c) when requested to do so by the Designated Authority, to advise the Designated Authority about a matter relating to the operation of the exotic birds provisions.

Functions relating to birds notified under subsection 57B(4)

“(2) If:
(a) the Designated Authority is notified of the possession of a bird under subsection 57B(4); and
(b) the Designated Authority has not previously been given a notification under that subsection about a bird of the same species;

SCHEDULE 14—continued

the Designated Authority must request the Exotic Birds Committee to advise the Minister about whether or not birds of that species should be specified in Schedule 9.

Definition

“(3) In this section:

‘exotic birds provisions’ means the provisions of this Act and the regulations, to the extent to which they relate to classified exotic birds.

Appointment of members

Appointment by Minister

“57W.(1) A member of the Exotic Birds Committee is to be appointed by the Minister by written instrument.

Qualifications of Chairperson of Committee

“(2) The Minister may only appoint a person as the Chairperson of the Exotic Birds Committee if:
(a) in the opinion of the Minister, the person possesses qualifications and/or expertise relevant to the regulation of classified exotic birds; and
(b) the person is not an employee of the Commonwealth or of an authority of the Commonwealth; and
(c) the person does not hold a full-time office under a law of the Commonwealth.

Qualifications of other members of Committee

“(3) The Minister must ensure that each of the other members of the Exotic Birds Committee possesses such qualifications, experience or expertise as the Minister thinks relevant to the performance of the Committee’s functions.

Majority of members not to be Commonwealth employees

“(4) The Minister must ensure that persons employed by the Commonwealth or authorities of the Commonwealth do not constitute a majority of the members of the Exotic Birds Committee.

Majority of members not to represent any one body or group

“(5) The Minister must ensure that persons representing any one interest body or group do not constitute a majority of the members of the Exotic Birds Committee.

SCHEDULE 14—continued

“Subdivision B—Administrative provisions

Period of appointment

Term of office of Chairperson

“57X.(1) The Chairperson of the Exotic Birds Committee holds office for such term as is specified in the instrument of appointment. The term must not exceed 3 years.

Term of office of other members

“(2) The other members of the Exotic Birds Committee hold office at the pleasure of the Minister.

Basis on which members hold office

“57Y. A member of the Exotic Birds Committee holds office on a part-time basis.

Remuneration and allowances

Remuneration to be determined by Remuneration Tribunal

“57Z.(1) A member of the Exotic Birds Committee is to be paid such remuneration as is determined by the Remuneration Tribunal.

Remuneration to be prescribed if no determination in operation

“(2) If no determination of that remuneration is in operation, a member of the Exotic Birds Committee is to be paid such remuneration as is prescribed.

Allowances

“(3) A member of the Exotic Birds Committee is to be paid such allowances as are prescribed.

Section has effect subject to the Remuneration Tribunal Act 1973

“(4) This section has effect subject to the Remuneration Tribunal Act 1973.

Leave of absence

Leave for Chairperson

“57ZA.(1) The Minister may, by writing, grant leave of absence to the Chairperson of the Exotic Birds Committee from a meeting of the Committee.

Leave for other members

“(2) The Chairperson of the Exotic Birds Committee may, by writing, grant leave of absence to another member of the Committee from a meeting of the Committee.

SCHEDULE 14— continued

Acting appointments

Acting Chairperson

“57ZB.(1) The Minister may appoint a member of the Exotic Birds Committee to act as the Chairperson of the Committee:

(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office;

but a person appointed to act during the vacancy is not to continue so to act for more than 6 months.

Acting member

“(2) The Minister may appoint a person to act as a member of the Exotic Birds Committee (other than as the Chairperson of the Committee):

(a) during a vacancy in an office of member, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office;

but a person appointed to act during the vacancy is not to continue so to act for more than 6 months.

Validation

“(3) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.

Disclosure of interests

Disclosure

“57ZC.(1) A member of the Exotic Birds Committee who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Committee must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Committee.

SCHEDULE 14—continued

Participation

“(2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting of the Exotic Birds Committee and the member must not:

(a) be present during any deliberation of the Committee in relation to that matter; or
(b) take part in any decision of the Committee in relation to that matter.

Resignation

“57ZD. A member of the Exotic Birds Committee may resign by writing signed by him or her and sent to the Minister.

Termination of appointment

Misbehaviour or incapacity

“57ZE.(1) The Minister may terminate the appointment of a member of the Exotic Birds Committee because of misbehaviour or physical or mental incapacity.

Bankruptcy, conflict of interest etc.

“(2) If a member of the Exotic Birds Committee:

(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(e) fails, without reasonable excuse, to comply with his or her obligations under section 57ZC or 57ZJ;

the Minister must terminate the appointment of the member.

Unauthorised absence

“(3) If a member of the Exotic Birds Committee is absent, except on leave granted under section 57ZA, from 3 consecutive meetings of the Committee, the Minister must terminate the appointment of the member.

Unsatisfactory performance of individual member

“(4) The Minister may terminate the appointment of a member of the Exotic Birds Committee if the Minister is of the opinion that the performance of the member has been unsatisfactory for a significant period of time.

Other terms and conditions

“57ZF. A member of the Exotic Birds Committee 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 by notice published in the Gazette.

SCHEDULE 14—continued

“Subdivision C—Operations of the Exotic Birds Committee

Meetings of the Exotic Birds Committee

Chairperson may convene meetings

“57ZG.(1) The Chairperson of the Exotic Birds Committee may convene a meeting of the Committee at any time.

When Chairperson must convene meeting

“(2) The Chairperson of the Exotic Birds Committee must convene a meeting of the Committee:

(a) at least once in each financial year; or
(b) whenever the greater of:

(i) 9 other members of the Committee; or

(ii) the number of members that constitutes a majority of the members for the time being holding office;

request in writing that a meeting be held.

Minister may convene meeting

Recovery of costs of storing or keeping specimens

“69W.(1) If a specimen is seized under this Part, the owner is liable to pay to the Commonwealth an amount equal to the sum of the following costs:

(a) reasonable costs incurred by the Commonwealth in relation to the custody of the specimen;
(b) reasonable costs incurred by the Commonwealth in transporting the specimen;

SCHEDULE 19— continued

(c) in the case of a specimen that is a live animal or a live plant—reasonable costs incurred by the Commonwealth in maintaining the animal or plant.

“(2) If:

(a) a specimen is seized under this Part; and
(b) the specimen is disposed of;

the owner is liable to pay to the Commonwealth an amount equal to the reasonable costs incurred by the Commonwealth in disposing of the specimen.

“(3) An amount payable by a person under this section is a debt due by the person to the Commonwealth.

“(4) An amount payable by a person to the Commonwealth under this section may be recovered by action in a court of competent jurisdiction.

“(5) The Designated Authority may remit an amount payable by a person under this section.

“(6) In addition to its effect apart from this subsection, this section also has the effect it would have if a liability under this section were, by express provision, confined to the case of a specimen that:

(a) is forfeited to the Commonwealth under this Act; or
(b) would have been forfeited to the Commonwealth under this Act if it had not been disposed of.

“Subdivision H—Rescuing goods".

21. Before section 72:

Insert:

“PART IV—MISCELLANEOUS”.

22. Paragraph 80(1) (k):

Omit “, section 43 or 44 or subsection 56A(3)”, substitute “or section 43 or 44”.

23. Paragraph 80(1) (v):

Omit the paragraph.

24. Transitional—pre-commencement surrender or seizure

(1) This item applies if, at any time before the commencement of this item, a thing was surrendered or seized under section 54, 55, 56, 57, 69 or 71 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982.

SCHEDULE 19—continued

(2) Despite the amendments made by this Schedule, subsections 4(2) and 45(2) and sections 54, 55, 56, 56A, 57, 69, 69A, 70, 71 and 80 of that Act continue to apply, in relation to the surrender or seizure of the thing, as if those amendments had not been made.

NOTES ABOUT SECTION HEADINGS

1. On the commencement of the amendment of section 9A of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 13 to this Act, the heading to that section is altered by omitting “management programs” and substituting “amendments of Schedule 6 or declarations of management programs or controlled specimens”.
2. On the commencement of the amendments of section 63 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 19 to this Act, the heading to that section is altered by adding at the end “by consent”.
3. On the commencement of the amendments of section 64 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 19 to this Act, the heading to that section is altered by adding at the end “—sections 62 and 63”.
4. On the commencement of the amendment of section 77 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 made by Schedule 9 to this Act, the heading to that section is altered by adding at the end “and Designated Authority”.

[Minister’s second reading speech made in—

Senate on 9 May 1995
House of Representatives on 19 October 1995