WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982No. 149 of 1982 TABLE OF PROVISIONS Section PART I-PRELIMINARY 1. Short title 2. Commencement 3. Object of Act 4. Interpretation 5. Saving of other laws 6. Application of Act 7. Act to bind Crown 8. Act not to apply to certain specimens 9. Variation of Schedules 10. Approved management programs 11. Approved institutions 12. Approved zoological organizations 13. Inter zoological gardens transfer 14. Breeding in captivity 15. Artificial propagation 16. Export of household pets 17. Designated Authority 18. Constitution of Designated Authority 19. Remuneration and allowances of Designated Authority 20. Acting Designated Authority PART II-REGULATION OF EXPORT AND IMPORT OF SPECIMENS Division 1-Prohibition of certain exports and imports 21. Certain exports prohibited 22. Certain imports prohibited Division 2-Permits to export or to import specimens 23. Application for permit 24. Grant of permit Division 3-Requirements for permits to export specimens 25. Permits to export not to be granted if detrimental to survival of kind of animals or plants 26. Permits to export not to be granted in respect of specimens unlawfully obtained, &c. 27. Requirements for permits to export live animals and live plants 28. Requirements for permits to export-Schedule 1 29. Requirements for permits to export-Schedule 2 30. Requirements for permits to export-Schedule 3 31. Requirements for permits to export-Native Australian animals and plants 32. Permits to re-export Division 4-Requirements for permits to import specimens 33. Permits to import not to be granted if detrimental to survival of kind of animals or plants 34. Requirements for permits to import live animals and live plants 35. Requirements for permits to import certain live animals and live plants 36. Requirements for permits to import-Schedule 1 37. Requirements for permits to import-Schedule 2 38. Requirements for permits to import-Schedule 3 Division 5-Authorities to export or to import specimens 39. Application for authority 40. Register of scientific organizations 41. Authority to export or import scientific specimens 42. Authority to export or import artificially propagated plants 43. Authority to export or import for the purposes of travelling circuses,&c. 44. Authority to export or import in exceptional circumstances Division 6-Permits and Authorities 45. Permit or authority to be produced 46. Revocation, &c., of permits and authorities 47. Conditions in respect of permits and authorities 48. Compliance with conditions of permit or authority 49. Applications to Minister to vary operation of permits and authorities 50. Conditions relating to imported animals 51. Conditions relating to imported plants Division 7-Miscellaneous 52. Matters published in Gazette 53. Possession of illegally imported specimens 54. Specimens in personal effects of visitors to Australia 55. Specimens in personal effects of intending residents of Australia 56. Specimens in personal effects of residents of Australia 57. Uncertainty regarding specimen PART III-ADMINISTRATION 58. Appointment of inspectors 59. Inspectors ex officio 60. Arrangements for State and Territory officers to be inspectors 61. Identity cards 62. Boarding of vessels, &c., by inspectors 63. Access to premises 64. Functions of inspectors 65. Powers of arrest of inspectors 66. Persons to assist inspectors 67. Power to search baggage 68. Obstruction of inspectors 69. Seizure and forfeiture of specimens 70. Disposal of certain live animals and plants seized 71. Seizure and forfeiture of goods involved in offences 72. False statements 73. Indictable offences 74. Evidence 75. Evidence of analyst 76. Delegation 77. Arrangements by Minister 78. Co-operation with States and Territories 79. Fees 80. Review of decisions 81. Regulations 82. Customs (Endangered Species) Regulations SCHEDULE 1 Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 28 and 36 apply SCHEDULE 2 Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 29 and 37 apply SCHEDULE 3 Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 30 and 38 apply SCHEDULE 4 Specimens that are, or are derived from, native Australian animals or native Australian plants and the export of which is not prohibited by paragraph 21 (b) SCHEDULE 5 Live animals and live plants the import of which is not prohibited by paragraph 22 (b) and in relation to which section 9 does not apply SCHEDULE 6 Live animals and live plants the import of which is not prohibited by paragraph 22 (b) and in relation to which section 9 applies SCHEDULE 7 Species of native Australian animals eligible to be treated as household pets SCHEDULE 8 Convention on International Trade in Endangered Species of Wild Fauna and Flora PART I-PRELIMINARY SECT. 1. Short title. WPREI 82:149 IDX An Act to further the protection and conservation of wildlife by regulating the export and import of certain animals, plants and goods, and for related purpose s (Assented to 31 December 1982) WPREI 82:149 TOP 1. This Act may be cited as the Wildlife Protection (Regulation of Exports and Imports) Act 1982. SECT. 2. Commencement WPREI 82:149 IDX WPREI 82:149 TOP 2. This Act shall come into operation on a date to be fixed by Proclamation. SECT. 3. Object of Act WPREI 82:149 IDX WPREI 82:149 TOP 3. 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 by- (a) regulating the export of specimens that are, or are derived from, native Australian animals or native Australian plants; (b) regulating the export and import of specimens that are, or are derived from, animals, or plants, of a kind that are threatened with extinction; (c) regulating the export and import of specimens that are, or are derived from, animals, or plants, of a kind that might become threatened with extinction if international trade in such specimens were not regulated; (d) regulating the export and import of specimens that are, or are derived from, animals, or plants, of a kind that require, or might require, special protection by way of the regulation of international trade in such specimens; (e) regulating the import of animals and plants of a kind the establishment of which in Australia or an external Territory could have an adverse effect (otherwise than by reason of a disease) on, or on the habitats of, native Australian animals or native Australian plants; (f) regulating the export of specimens that are difficult to distinguish from specimens referred to in paragraph (a), (b), (c) or (d); and (g) regulating the import of specimens that are difficult to distinguish from specimens referred to in paragraph (b), (c), (d) or (e). SECT. 4. Interpretation WPREI 82:149 IDX WPREI 82:149 TOP 4. (1) In this Act, unless the contrary intention appears- "animal" means any member, alive or dead, of the animal kingdom (other than man); "animal reproductive material" means- (a) an embryo, an egg or sperm of an animal; or (b) any other part, or product, of an animal from which another animal could be produced; "animal specimen" means- (a) an animal; (b) animal reproductive material; (c) the skin, feathers, horns, shell or any other part of an animal; or (d) any article wholly produced by or from, or otherwise wholly derived from, a single animal; "approved institution" means an organization declared by a declaration in force under section 11 to be an approved institution in relation to a class, or classes, of specimens; "approved management program" means a management program declared by a declaration in force under section 10 to be an approved management program; "approved zoological organization" means a zoological organization declared by a declaration in force under section 12 to be an approved zoological organization in relation to a class, or classes, of specimens; "article" includes a substance or a mixture of substances; "artificially propagated", in relation to a plant or plant reproductive material, has the meaning given by section 15; "authority" means an authority to export or to import a specimen given under section 41, 42, 43 or 44; "bred in captivity", in relation to an animal or animal reproductive material, has the meaning given by section 14; "care", in relation to an animal or a plant, includes, where appropriate, the provision of suitable housing for the animal or plant; "coastal sea"- (a) in relation to Australia, means- (i) the territorial sea of Australia; and (ii) the sea on the landward side of the territorial sea of Australia; and (b) in relation to an external Territory, means- (i) the Territorial sea of that Territory; and (ii) the sea on the landward side of the territorial sea of that Territory; "continental shelf", in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973; "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington in the United States of America on 3 March 1973 (a copy of the version of which in the English language, apart from the Appendices to it, is set out in Schedule 8); "Designated Authority" means the Designated Authority established by section 17; "Director" means the Director of National Parks and Wildlife appointed under the National Parks and Wildlife Conservation Act 1975; "disease" means- (a) a disease, parasite or pest that, for the purposes of the Quarantine Act 1908, is a disease in relation to animals; or (b) a disease, pest or plant that, for the purposes of that Act, is a disease in relation to plants; "export" means export from Australia or from an external Territory, but does not include- (a) export from Australia to a prescribed Territory; (b) export from a prescribed Territory to Australia; and (c) export from a prescribed Territory to the other prescribed Territory; "fish" means any animal that is a member of the class Pisces, and includes a shark, a skate and a ray; "holder" means- (a) in relation to a permit-the person who has been granted that permit; or (b) in relation to an authority-the person who has been given that authority; "import" means import (including import by way of introduction from the sea) into Australia or into an external Territory, but does not include- (a) import into Australia from a prescribed Territory; (b) import into a prescribed Territory from Australia; and (c) import into a prescribed Territory from the other prescribed Territory; "inspector" means- (a) a person appointed as an inspector under section 58; (b) a person who is an inspector by virtue of section 59; or (c) a person who is an inspector by virtue of an arrangement entered into under sub-section 60 (1), (2) or (3); "inter zoological gardens transfer" has the meaning given by section 13; "live animal" includes animal reproductive material; "live plant" includes plant reproductive material; "management program" means a program for the protection, conservation or management of animals or of plants, or of both; "marine environment" means the sea, and includes- (a) the air space above the sea; and (b) the sea-bed and subsoil beneath the sea; "native Australian animal" means- (a) an animal of a species that is indigenous to Australia or to an external Territory; (b) an animal of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea-bed or subsoil beneath that sea; (c) an animal of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters; (d) a migratory animal of a species that periodically or occasionally visits Australia or an external Territory, the coastal sea of Australia or of an external Territory, or the sea over the continental shelf of Australia or of an external Territory; or (e) an animal of a species that is not indigenous to Australia but was present in Australia before the year 1788; "native Australian plant" means- (a) a plant of a species that is indigenous to Australia or to an external Territory; (b) a plant of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea-bed or subsoil beneath that sea; (c) a plant of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters; or (d) a plant of a species that is not indigenous to Australia but was present in Australia before the year 1788; "offence against this Act" includes- (a) an offence against section 6, 7 or 7A of the Crimes Act 1914 in relation to this Act; and (b) an offence against sub-section 86 (1) of the Crimes Act 1914 by virtue of paragraph (a) of that sub-section, being an offence in relation to an offence against this Act; "officer of Customs" has the same meaning as it has in the Customs Act 1901; "permit" means a permit to export or to import a specimen granted under section 24; "plant" means a member, alive or dead, of the plant kingdom; "plant reproductive material" means- (a) a seed or spore of a plant; (b) a cutting from a plant; or (c) any other part, or product, of a plant from which another plant can be produced; "plant specimen" means- (a) a plant; (b) plant reproductive material; (c) any part of a plant; and (d) any article wholly produced by or from, or otherwise wholly derived from, a single plant; "premises" includes land; "prescribed scientific organization" means a scientific organization included in a class of scientific organizations declared by the regulations to be a prescribed class of scientific organizations for the purposes of this Act; "prescribed scientific research" means scientific research engaged in by a prescribed scientific organization; "prescribed Territory" means- (a) the Coral Sea Islands Territory; and (b) the Territory of Ashmore and Cartier Islands; "progeny" includes- (a) in relation to a live animal-any animal reproductive material of that animal or of any progeny of that animal; (b) in relation to a live plant-any plant reproductive material of that plant or of any progeny of that plant; (c) in relation to a live animal that is animal reproductive material-any animal resulting from that material or any progeny of such animal; and (d) in relation to a live plant that is plant reproductive material-any plant resulting from that material or any progeny of such plant; "recipient" means- (a) in relation to a specimen that is exported-the person in the country to which the specimen is exported who is to have the care and custody of the specimen after the export; and (b) in relation to a specimen that is imported into Australia or into an external Territory-the person in Australia or that Territory, as the case may be, who is to have the care and custody of the specimen after the import; "relevant authority", in relation to a country, means- (a) where the country is a party to the Convention-a Management Authority of that country; or (b) where the country is not a party to the Convention-the competent authority of that country within the meaning of Article X of the Convention; "sender", in relation to a specimen that is imported into Australia or into an external Territory, means the person in the country from which the specimen is imported who exports it from that country to Australia or to that Territory, as the case may be; "scientific organization" means an organization engaged in scientific research; "specimen" means- (a) an animal specimen; or (b) a plant specimen; "take" includes- (a) in relation to an animal-catch, capture, trap and kill; and (b) in relation to a plant specimen-pick, gather and cut; "territorial sea", in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973; "vessel" means a vessel or boat of any description, and includes- (a) an air-cushion vehicle or other similar craft; and (b) any floating structure; "zoological organization" means an organization engaged in the exhibition or breeding of wild animals. (2) For the purposes of this Act, where an article consists of, or is derived from- (a) a specimen and other material; (b) 2 or more specimens; or (c) 2 or more specimens and other material, that article shall be deemed to be separate articles, being- (d) that specimen and an article consisting of that material; (e) each of those specimens; or (f) each of those specimens and an article consisting of that material, as the case may be. (3) A reference in this Act to a country shall be read as including a reference to a place that is a territory, dependency or colony (however described) of another country. (4) For the purposes of this Act, a specimen shall be taken to have been imported into Australia or into an external Territory by way of introduction from the sea if, and only if, the specimen was taken in the marine environment not under the jurisdiction of any country and then imported into Australia or the external Territory, as the case may be, without having been imported into any other country. (5) For the purposes of this Act- (a) where a live animal (other than animal reproductive material) that was bred in captivity dies, the dead animal and specimens derived from the dead animal shall be taken to be specimens derived from that live animal; and (b) where a live plant (other than plant reproductive material) that was artificially propagated dies, the dead plant and specimens derived from the dead plant shall be taken to be specimens derived from that live plant. (6) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police. (7) Except so far as the contrary intention appears, an expression that is used in this Act without being defined in, or having a particular meaning assigned to it by, this Act and is used in the Convention (whether or not it is defined in, or a particular meaning is assigned to it by, the Convention) has, in this Act, the same meaning as it has in the Convention. (8) For the purposes of this Act, the doing of any thing to, or with, a live animal or a live plant (including killing the animal or plant or doing, or failing to do, any thing in relation to the housing of the animal or plant) for the purposes of scientific research shall not be taken to be failure to provide suitable care for the animal or plant. (9) For the purposes of this Act, where the common name of a kind of animal or plant is set out in a Schedule next to or under a taxon, that common name does not affect the meaning of that taxon. (10) For the purposes of this Act, a genus, species or sub-species referred to in a description set out in a Part of a Schedule shall not be taken to be specified in that Part. SECT. 5. Saving of other laws WPREI 82:149 IDX WPREI 82:149 TOP 5. (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 sub-section (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. SECT. 6. Application of Act WPREI 82:149 IDX WPREI 82:149 TOP 6. This Act applies both within and outside Australia and extends to every external Territory. SECT. 7. Act to bind Crown WPREI 82:149 IDX WPREI 82:149 TOP 7. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island. SECT. 8. Act not to apply to certain specimens WPREI 82:149 IDX WPREI 82:149 TOP 8. (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) For the purposes of this Act, 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 brings into Australia or an external Territory a specimen that is subject to quarantine, that specimen shall be taken not to have been imported unless and until it is released from quarantine. (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. SECT. 9. Variation of Schedules WPREI 82:149 IDX WPREI 82:149 TOP 9. (1) The Minister may, by instrument under his 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. (2) Sections 48 (other than paragraph (1) (a)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to declarations under sub-section (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 sub-section (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 sub-section (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. SECT. 10. Approved management programs WPREI 82:149 IDX WPREI 82:149 TOP 10. (1) Subject to any regulations referred to in sub-section (2), the Minister may, by instrument under his 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. (2) The regulations- (a) may provide that the Minister shall not declare a management program to be an approved management program unless he is satisfied of certain matters in relation to the program; or (b) may prescribe matters that are to be taken into account by the Minister when determining whether he shall declare a management program to be an approved management program. SECT. 11. Approved institutions WPREI 82:149 IDX WPREI 82:149 TOP 11. (1) Subject to any regulations referred to in sub-section (2), the Designated Authority may, by instrument under his 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 sub-section (1) to be an approved institution in relation to any class, a particular class, or particular classes, of specimens unless he 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 he will declare an organization referred to in sub-section (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 sub-section (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. SECT. 12. Approved zoological organizations WPREI 82:149 IDX WPREI 82:149 TOP 12. (1) Subject to any regulations referred to in sub-section (2), the Designated Authority may, by instrument under his 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 he 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 he 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. SECT. 13. Inter zoological gardens transfer WPREI 82:149 IDX WPREI 82:149 TOP 13. 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 in relation to a class of specimens that includes that specimen; (b) in the case of a specimen that is a live animal-the animal is not required by the exporter or the sender, as the case may be, for the purposes of breeding or exhibition; (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 an approved zoological organization in relation to a class of specimens that includes that specimen. SECT. 14. Breeding in captivity WPREI 82:149 IDX WPREI 82:149 TOP 14. 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. SECT. 15. Artificial propagation WPREI 82:149 IDX WPREI 82:149 TOP 15. 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. SECT. 16. Export of household pets WPREI 82:149 IDX WPREI 82:149 TOP 16. 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; (b) the exporter has owned and kept the animal as a household pet for not less than 3 years immediately preceding 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; and (e) it is not proposed to export 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. SECT. 17. Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP 17. There shall be a Designated Authority for the purposes of this Act. SECT. 18. Constitution of Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP 18. (1) On and after the commencement of this Act and unless and until any appointment is made under sub-section (2), the Designated Authority is the Director, but the Director may resign the office of Designated Authority under sub-section (5). (2) Subject to sub-section (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 the Director or a person who is an officer or employee within the meaning of the Public Service Act 1922. (3) A person shall not be appointed to be the Designated Authority unless he 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 him 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 office by writing signed by him and delivered to the Minister. SECT. 19. Remuneration and allowances of Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP 19. (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, he 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 Tribunals Act 1973. SECT. 20. Acting Designated Authority WPREI 82:149 IDX WPREI 82:149 TOP 20. (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 his 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 sub-section (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 sub-section (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 he resigns his appointment by writing signed by him and delivered to the Minister. (6) Where a person is acting as Designated Authority, he 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 sub-section (1) shall not be called in question on the ground that the occasion for his appointment or acting had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased. PART II-REGULATION OF EXPORT AND IMPORT OF SPECIMENS Division 1-Prohibition of certain exports and imports SECT. 21. Certain exports prohibited WPREI 82:149 IDX WPREI 82:149 TOP 21. A person shall not, otherwise than in accordance with a permit or an authority, 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- (a) if the person is a natural person-$100,000 or imprisonment for 5 years; or (b) if the person is a body corporate-$200,000. SECT. 22. Certain imports prohibited WPREI 82:149 IDX WPREI 82:149 TOP 22. A person shall not, otherwise than in accordance with a permit or an authority, import- (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, 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- (a) if the person is a natural person-$100,000 or imprisonment for 5 years; or (b) if the person is a body corporate-$200,000. Division 2-Permits to export or to import specimens SECT. 23. Application for permit WPREI 82:149 IDX WPREI 82:149 TOP 23. (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 him to deal with the application (including the purpose of enabling the Designated Authority to advise him in relation to 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 him to deal with the application (including the purpose of enabling the Designated Authority to advise him in relation to 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. SECT. 24. Grant of permit WPREI 82:149 IDX WPREI 82:149 TOP 24. (1) Subject to this Act, the Minister may, in his 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) Subject to sub-section (3), the Minister shall give a decision under sub-section (1) on an application for a permit within 90 days after the application is made. (3) Where, within 90 days after an application for a permit is made, the Minister administering the Environment Protection (Impact of Proposals) Act 1974, in accordance with procedures approved for the purposes of that Act, directs the submission to him of an environmental impact statement in relation to the export or import in respect of which the application is made, the Minister administering this Act shall give a decision under sub-section (1) on the application- (a) within 30 days after the completion of all procedures under the Environment Protection (Impact of Proposals) Act 1974 in connection with the environmental impact statement; or (b) within 90 days after the application is made, whichever period is the last to end. (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 for a period of 6 months commencing on the date on which it is granted or, if a lesser period is specified in the permit, that lesser period. Division 3-Requirements for permits to export specimens SECT. 25. Permits to export not to be granted if detrimental to survival of kind of animals or plants WPREI 82:149 IDX WPREI 82:149 TOP 25. The Minister shall not grant a permit to export a specimen unless the Designated Authority has advised him that he 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. SECT. 26. Permits to export not to be granted in respect of specimens unlawfully obtained, &c. WPREI 82:149 IDX WPREI 82:149 TOP 26. The Minister shall not grant a permit to export a specimen unless the Designated Authority has advised him that he 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. SECT. 27. Requirements for permits to export live animals and live plants WPREI 82:149 IDX WPREI 82:149 TOP 27. The Minister shall not grant a permit to export a live animal or a live plant unless the Designated Authority has advised him that he is satisfied that- (a) the proposed recipient of the animal or plant 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. SECT. 28. Requirements for permits to export-Schedule 1 WPREI 82:149 IDX WPREI 82:149 TOP 28. Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 1 unless the Designated Authority has advised him that he 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 the proposed exporter and the proposed recipient are approved institutions in relation to a class of specimens that includes that live animal; (c) where the specimen is a live native Australian animal, 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, 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. SECT. 29. Requirements for permits to export-Schedule 2 WPREI 82:149 IDX WPREI 82:149 TOP 29. Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 2 unless the Designated Authority has advised him that he 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; or (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; (c) where the specimen is a live native Australian 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; (d) where the specimen is an animal specimen, other than a live native Australian 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