Commonwealth Numbered Acts

WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT 1986 No. 120 of 1986 - SECT 16

16. After section 42 of the Principal Act the following sections are inserted:
Authority to export certain specimens

"42A. (1) In this section, 'prescribed class' means a class of specimens the
description of which is entered in the register maintained under subsection
(3).

"(2) The Minister may, on the recommendation of the Designated Authority, give
the Designated Authority notice, in writing, that a class of specimens
described in the notice, not being a class of -

   (a)  specimens specified in Part 1 of Schedule 1;

   (b)  specimens specified in Part 1 of Schedule 2 that are not, or are not
derived from, live plants that were artificially propagated;

   (c)  specimens specified in Part 1 of Schedule 3; or

   (d)  specimens that are live native Australian animals of a species
included in the sub-phylum VERTEBRATA, other than fish, is to be a prescribed
class for the purposes of this section.

"(3) The Designated Authority shall maintain a register containing a
description of each class of specimens described in a notice which has been
given to the Designated Authority under sub-section (2).

"(4) A person may make an application to the Minister for an authority under
this section to export specimens included in a specified prescribed class.

"(5) An application under sub-section (4) shall be made in accordance with the
prescribed form, or, if no form is prescribed, a form approved by the
Minister.

"(6) Subject to sub-section (7), the Minister may, in the discretion of the
Minister, give or refuse to give, an authority under this section to export
specimens included in a particular prescribed class to a person who has made
an application for the authority under sub-section (4).

"(7) The Minister shall not give an authority under sub-section (6) to export
specimens unless the Designated Authority has advised the Minister that the
Designated Authority is satisfied that the specimens that would be exported by
virtue of the authority would be -

   (a)  in the case of animal specimens -

        (i)    specimens that are, or are derived from, live animals that
were bred in captivity; or

        (ii)   specimens that are, or are derived from, animal specimens that
               were taken in accordance with an approved management program;
               or

   (b)  in the case of plant specimens -

        (i)    specimens that are, or are derived from, live plants that were
artificially propagated; or

        (ii)   specimens that are, or are derived from, plant specimens that
               were taken in accordance with an approved management program.

"(8) An authority under this section -

   (a)  shall be in writing;

   (b)  comes into force on the day on which it is given; and

   (c)  subject to section 46, remains in force for a period of 12 months
commencing on the day on which it is given or, if a lesser period is
specified in the authority, that lesser period.

"(9) A person who has been given an authority under this section shall, when
the authority is produced to an officer of Customs or an inspector in
accordance with sub-section 45 (1) in relation to the export of specimens to
which the authority applies, give the officer or inspector, or cause the
officer or inspector to be given, particulars in writing of those specimens in
accordance with a form approved by the Designated Authority. Authority to
import certain specimens

"42B. (1) In this section -
'prescribed class' means a class of specimens the description of which is
entered in the register maintained under sub-section (3);
'prescribed research' means scientific research the description of which is
entered in the register maintained under sub-section (5).

"(2) The Minister may, on the recommendation of the Designated Authority, give
the Designated Authority notice, in writing, that a class of specimens
described in the notice, not being a class of specimens in Part 1 of Schedule
1, Part I of Schedule 2 or Part I of Schedule 3, is to be a prescribed class
for the purposes of this section.

"(3) The Designated Authority shall maintain a register containing a
description of each class of specimens described in a notice which has been
given to the Designated Authority under sub-section (2).

"(4) The Minister may inform the Designated Authority, by notice in writing,
that scientific research described in the notice is to be prescribed research
for the purposes of this section.

"(5) The Designated Authority shall maintain a register containing
descriptions of the scientific research notice of which has been given to the
Designated Authority under sub-section (4).

"(6) A person may make an application to the Minister for an authority under
this section to import specimens included in a specified prescribed class.

"(7) An application under sub-section (6) shall be made in accordance with the
prescribed form, or, if no form is prescribed, a form approved by the
Minister.

"(8) Subject to sub-section (9), the Minister may, in the discretion of the
Minister, give or refuse to give, an authority under this section to import
specimens included in a particular prescribed class to a person who has made
an application for the authority under sub-section (6).

"(9) The Minister shall not give an authority under sub-section (8) to import
specimens unless the Designated Authority has advised the Minister that the
Designated Authority is satisfied that -

   (a)  the recipient of any specimens imported in accordance with the
authority will be an approved institution in relation to a class of
specimens that includes those specimens; and

   (b)  the specimens will be used for the purpose of prescribed research.

"(10) An authority under this section -

   (a)  shall be in writing;

   (b)  comes into force on the day on which it is given; and

   (c)  subject to section 46, remains in force for a period of 12 months
commencing on the day on which it is given or, if a lesser period is
specified in the authority, that lesser period.

"(11) Where a specimen to which an authority under this section applies is
imported, the holder of the authority shall, within 7 days after the
importation of the specimen, give the Designated Authority, or cause to be
given to the Designated Authority, particulars in writing of that specimen.".