Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303DD

  (1)   A person commits an offence if:

  (a)   the person exports a specimen; and

  (b)   the specimen is a regulated native specimen.

Penalty:   Imprisonment for 10 years or 1,000 penalty units, or both.

Exemption--permit

  (2)   Subsection   (1) does not apply if the specimen is exported in accordance with a permit that was issued under section   303CG, 303DG, 303GB or 303GC and is in force.

Exemption--accredited wildlife trade management plan

  (3)   Subsection   (1) does not apply if:

  (a)   the export of the specimen would be an export in accordance with an accredited wildlife trade management plan (section   303FP); and

  (b)   the specimen is not a live native mammal, a live native reptile, a live native amphibian or a live native bird; and

  (ba)   either:

  (i)   the specimen is not a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of this subparagraph; or

  (ii)   the export is an export from an approved aquaculture program in accordance with section   303FM; and

  (c)   the specimen is not a CITES specimen; and

  (d)   the specimen does not belong to an eligible listed threatened species.

Exemption--exchange of scientific specimens

  (4)   Subsection   (1) does not apply if the export of the specimen is an export that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non - commercial exchange of scientific specimens between scientific organisations.

Note:   The defendant bears an evidential burden in relation to the matters in subsections   (2), (3) and (4) (see subsection   13.3(3) of the Criminal Code ).