Commonwealth Numbered Acts

WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) AMENDMENT ACT 1986 No. 120 of 1986 - SECT 23

23. After section 56 of the Principal Act the following section is inserted:
Release of surrendered specimens

"56A. (1) Subject to this section, where a specimen, other than a live animal,
is in the custody of the Commonwealth because it has been surrendered by a
person under section 54, 55 or 56, not being a specimen that has been
forfeited to the Commonwealth, an application may be made by that person under
section 23 for the grant of a permit to import the specimen.

"(2) An application by virtue of sub-section (1) in respect of a specimen may
be made and dealt with, and a permit to import the specimen may be granted
because of the application, as if -

   (a)  the specimen had not been imported; and

   (b)  the specimen were proposed to be imported from the country from
which it was imported.

"(3) The Minister shall not grant a permit pursuant to an application made by
virtue of sub-section (1) in respect of a specimen unless the Designated
Authority has advised the Minister that the Designated Authority is satisfied
-

   (a)  where the specimen is an animal specimen, that -

        (i)    the specimen -

                (A)  is derived from a live animal that was bred in captivity;
or

                (B)  is, or is derived from, an animal specimen that was
taken in accordance with an approved management
program;

        (ii)   the country from which the specimen was imported has a
relevant authority; and

        (iii)  a permit or certificate authorising the export of the specimen
               from that country was given by a relevant authority of that
               country before the export;

   (b)  where the specimen is a plant specimen, that -

        (i)    the specimen is, or is derived from -

                (A)  a live plant that was artificially propagated; or

                (B)  a plant specimen that was taken in accordance with an
                     approved management program;

        (ii)   the country from which the specimen was imported has a
relevant authority; and

        (iii)  a permit or certificate authorising the export of the specimen
               from that country was given by a relevant authority of that
               country before the export;

   (c)  that -

        (i)    the country from which the specimen was imported has a
relevant authority; and

        (ii)   a relevant authority of the country issued a certificate under
               paragraph 2 of Article VII of the Convention in respect of the
               specimen before the export of the specimen from that country;
               or

   (d)  that -

        (i)    the country from which the specimen was imported is a
country for which the Convention has entered into force;

        (ii)   the export of the specimen from that country was not contrary
to the laws of that country or of any part of that country;
and

        (iii)  the specimen was acquired by the applicant -

                (A)  where the specimen is of a species that was included
in an Appendix to the Convention when the
Convention entered into force - before the Convention
entered into force;

                (B)  where the specimen is of a species that was first
included in an Appendix to the Convention after the
Convention came into force and before the
commencement of this Act - before the species was so
included;

                (C)  where a preceding provision of this sub-paragraph
does not apply to the specimen and the specimen is
of a kind to which section 22 applied on the
commencement of this Act - before that
commencement; or

                (D)  in any other case - before section 22 commenced to
apply to specimens of the kind of which the specimen
is a kind.

"(4) Subject to sub-sections 54 (8) and 55 (6) and to sub-section (6), where -

   (a)  a permit to import a specimen has been granted because of an
application made by virtue of sub-section (1); and

   (b)  the holder of the permit produces the permit to an inspector doing
duty in relation to the custody of the specimen, an inspector shall release
the specimen to the holder of the permit.

"(5) Where a specimen is released to a person in accordance with subsection
(4), the specimen shall, for the purposes of this Act, be deemed to have been
imported by the person in accordance with the permit at the time at which it
was released.

"(6) A specimen surrendered under section 56 shall not be released in
accordance with sub-section (4) unless and until the person who surrendered
the specimen has paid all costs incurred by the Commonwealth in relation to
the custody of the specimen (including any costs of transporting the
specimen), being costs particulars of which have been given to the person in a
prescribed manner, or if no manner is prescribed, a manner approved by the
Minister.

"(7) Where -

   (a)  an application has been made by virtue of sub-section (1) in respect
of a specimen; and

   (b)  the period specified in sub-section 54 (7), 55 (5) or 56 (2), as the
        case requires, at the end of which, but for this sub-section, the
        specimen would be forfeited to the Commonwealth expires while the
        application is under consideration or after a permit to import the
        specimen has been granted, the specimen is not forfeited to the
        Commonwealth because of sub-section 54 (7), 55 (5) or 56 (2), as the
        case requires.

"(8) Where -

   (a)  an application made by virtue of sub-section (1) in respect of a
specimen is withdrawn or finally disposed of without the issue of a
permit to import the specimen; and

   (b)  but for sub-section (7), the specimen would have been forfeited to the
        Commonwealth, the specimen is forfeited to the Commonwealth and,
        subject to sub-section (10), may be disposed of in accordance with the
        directions of the Designated Authority.

"(9) Where -

   (a)  a permit to import a specimen has been granted because of an
application made by virtue of sub-section (1);

   (b)  but for sub-section (7), the specimen would have been forfeited to
the Commonwealth; and

   (c)  the specimen is not released in accordance with sub-section (4) within
        one month after the grant of the permit, the specimen is forfeited to
        the Commonwealth and, subject to sub-section (10), may be disposed of
        in accordance with the directions of the Designated Authority.

"(10) A specimen shall not be disposed of under sub-section (8) or (9) in any
way that could result in the specimen becoming an object of trade.".