Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999

Overview

The Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999 was enacted by the Parliament of Australia to address issues concerning the export and import of wildlife specimens, particularly those listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act amends the Wildlife Protection (Regulation of Exports and Imports) Act 1982 to tighten the legal framework governing the trade of endangered species. The primary policy objective is to ensure stricter compliance with CITES regulations by broadening the definition of "specimen derived from" a listed animal or plant, thereby enhancing the enforcement mechanisms against illegal wildlife trade. The Act aims to prevent the mislabelling and misrepresentation of wildlife products, ensuring that imports and exports are strictly regulated and monitored in accordance with the relevant permits and authorities.

Scope and Application

The Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999 amends the Wildlife Protection (Regulation of Exports and Imports) Act 1982, expanding the scope and application of wildlife protection laws to better align with international conventions such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The amended Act applies to any person or entity involved in the export or import of wildlife, their derivatives, or related products within Australia's jurisdiction. This includes individuals, businesses, and other entities that engage in the trade of species listed in the CITES appendices, as well as those who may falsely represent their goods as being derived from protected species. The Act's jurisdiction extends across the Commonwealth of Australia, ensuring a uniform approach to the regulation of wildlife trade. However, certain exclusions and exemptions may apply, particularly in cases where trade is conducted under specific conditions or permits. The Act also allows for the creation of subordinate instruments to further define and refine its application, thereby providing flexibility in addressing emerging issues and enforcement needs.

Key Provisions

The Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999 amends the existing Wildlife Protection (Regulation of Exports and Imports) Act 1982. The primary amendments introduced by this Act are found in Schedule 1. For instance, section 1 of Schedule 1 amends subsection 4(1) by defining "Convention listed animal" and "Convention listed plant" as species included in Appendices I, II, or III of the Convention. This amendment provides clarity on which species fall under the scope of the legislation. Section 2 of Schedule 1 expands the definition of "specimen derived" to include items that are represented as parts of listed animals or plants, reproductive material, or articles produced or derived from these animals or plants, regardless of whether they are combined with other materials. The amended Act imposes specific obligations on parties involved in the export and import of wildlife specimens. For example, under the new subsection 4(2B), any item that is represented as being part of a Convention listed animal or plant, or an article derived from such, is considered a specimen derived from that animal or plant. This broad interpretation extends the scope of existing offence provisions concerning the export, import, and possession of wildlife specimens. It is important to note that subsection 4(2C) clarifies that simply labeling an item as being derived from a permitted specimen does not automatically make the import or export compliant with permit conditions. Furthermore, the amended Act imposes significant penalties and consequences for breaches of its provisions. For instance, under section 21, exporting a specimen represented as a Convention listed animal or plant can constitute an offence, with penalties as outlined in the original Act. Similarly, importing such items, as detailed in section 22, can also result in criminal liability. The note added to the end of subsection 53(1) emphasizes that the import of items represented as Convention listed animals or plants, including derived articles like medicines, may contravene the Act, potentially leading to enforcement actions. The Act also delineates specific penalties for non-compliance, though the exact maximum penalties are not stated in the provided text. However, it is implied that violations of the Act's provisions, especially those concerning the unauthorised export or import of wildlife specimens, could lead to significant legal repercussions, including fines and imprisonment. The broad scope of the amended definitions and the stringent obligations placed on parties ensure that the Act effectively regulates and protects endangered species under international conventions.