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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Wildlife
Protection (Regulation of Exports and Imports) Amendment Bill
1998
No. ,
1998
(Environment and
Heritage)
A Bill for an Act to amend the
Wildlife Protection (Regulation of Exports and Imports) Act 1982, and for
related purposes
ISBN: 0642
387516
Contents
A Bill for an Act to amend the Wildlife Protection
(Regulation of Exports and Imports) Act 1982, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Wildlife Protection (Regulation of
Exports and Imports) Amendment Act 1998.
This Act commences 28 days after the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 4(1)
Insert:
Convention listed animal means an animal of a species
included in Appendix I, II or III to the Convention.
Note: These species are included in those listed in
Schedules 1, 2, 2A and 3.
Convention listed plant means a plant of a species included
in Appendix I, II or III to the Convention.
Note: These species are included in those listed in
Schedules 1, 2, 2A and 3.
2 After subsection 4(2A)
Insert:
(2B) For the purposes of this Act, if a thing is represented by an
accompanying document, the package or a mark or label, or from any other
circumstances, to be:
(a) the skin, feathers, horns, shell or any other part of a Convention
listed animal; or
(b) part of a Convention listed plant; or
(c) reproductive material from a Convention listed animal or a Convention
listed plant; or
(d) an article produced by or from, or derived from, one or more
Convention listed animals or one or more Convention listed plants, whether with
or without any other material;
then the thing is taken to be a specimen derived from the Convention listed
animal or the Convention listed plant, or from each Convention listed animal or
Convention listed plant, as the case requires.
Note: This subsection has the effect (among other things) of
widening the scope of sections 21, 22 and 53, which are offence provisions
relating to the export, import and possession of specimens.
3 After subsection 4(2B)
Insert:
(2C) However, the import or export of a thing that is taken under
subsection (2B) to be a specimen derived from an animal or plant of a particular
kind is not to be taken to be in accordance with a permit or authority only
because of the operation of that subsection.
Example: A person labels tiger bone as the bone of a
Convention listed animal that the person is authorised by a permit to import,
and imports the tiger bone. The mere fact that the tiger bone is labelled in
that way does not mean that its import is in accordance with a
permit.
4 At the end of section 21 (after the
penalty)
Add:
Note: Because of the operation of subsection 4(2B), it may
be an offence under this section to export a thing that is represented to be a
Convention listed animal or plant (including an article, such as medicine,
produced or derived from such an animal or plant).
5 At the end of section 22 (after the
penalty)
Add:
Note: Because of the operation of subsection 4(2B), it may
be an offence under this section to import a thing that is represented to be a
Convention listed animal or plant (including an article, such as medicine,
produced or derived from such an animal or plant).
6 At the end of subsection
53(1)
Add:
Note: Because of the operation of subsection 4(2B), the
import of a thing represented to be a Convention listed animal or plant
(including an article, such as medicine, produced or derived from such an animal
or plant) may have been in contravention of this Act.