Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person imports a specimen; and

the specimen is a CITES specimen.

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

Subsection (1) does not apply if the import of the specimen is an import that, under the regulations, is taken to be an import of a personal or household effect.

See paragraph 3 of Article VII of CITES.

Subsection (1) does not apply if:

the specimen is a CITES II specimen; and

the specimen is not a live specimen; and

the specimen belongs to a species that is not specified in the regulations; and

in a case where a quantitative limit in relation to the import of the specimen is imposed by or under CITES—the quantity of the specimen does not exceed:

if a lower limit is specified in a declaration in force under subsection 303CB(2)—the lower limit; or

otherwise—the limit imposed by or under CITES; and

the specimen is within the personal baggage of a person entering Australia or an external Territory; and

the specimen is not intended for sale or for any other commercial purpose; and

both:

the country from which the specimen is proposed to be imported has a relevant CITES authority; and

permission to export the specimen from that country has been given by a relevant CITES authority of that country.

Subsection (1) does not apply if the import of the specimen is an import 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.

Subsection (1) does not apply if:

the country from which the specimen is proposed to be imported has a relevant CITES authority; and

a relevant CITES authority of that country has issued a certificate under paragraph 2 of Article VII of CITES in respect of the specimen.

Paragraph 2 of Article VII of CITES deals with a specimen that was acquired before the provisions of CITES applied to the specimen.

The defendant bears an evidential burden in relation to the matters in subsections (2), (3), (4), (5) and (6) (see subsection 13.3(3) of the Criminal Code).