(1) In this
clause —
flora does not include specifically controlled
sandalwood as defined in the Biodiversity Conservation Regulations 2018
regulation 3.
(2) The activity of
dealing in flora is exempt from section 177(1) of the Act in
circumstances where the flora is purchased from —
(a) the
holder of a licence authorising the supply of flora; or
(b) a
person who otherwise has lawful authority to supply flora.
(3) The exemption
provided for in subclause (2) is subject to the condition that a person
who deals in flora in reliance on the exemption must —
(a) make
a record of the flora purchased that contains the following
information —
(i)
a description of the flora;
(ii)
the quantity of the flora;
(iii)
the day on which the flora is purchased;
(iv)
the name and address of the person from whom the flora is
purchased;
and
(b) keep
the record —
(i)
for at least 2 years after the day on which the
flora is purchased; and
(ii)
at the place where the person deals in flora;
and
(c) make
the record available to a wildlife officer if asked by the wildlife officer to
do so.
(4) The activity of
dealing in flora is also exempt from section 177(1) of the Act in
circumstances where the flora is supplied as a living potted plant or by
retail directly to the public.