303GN

Possession of illegally imported specimens

Current

Object

(1)

The object of this section is:

(a)

to comply with Australia’s obligations under:

(i)

the Biodiversity Convention; and

(ii)

CITES; and

(b)

to otherwise further the objects of this Part;

by prohibiting the possession of illegally imported specimens and the progeny of such specimens.

Note:

See Article 8 of the Biodiversity Convention.

Possession of CITES specimens and unlisted regulated live specimens

(2)

A person commits an offence if:

(a)

the person has in the person’s possession, in the Australian jurisdiction, a specimen; and

(b)

the specimen is:

(i)

a CITES specimen; or

(ii)

a regulated live specimen that is not included in the list referred to in section 303EB;

and the person is reckless as to that fact; and

(c)

the specimen does not belong to a native species.

Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

(3)

Subsection (2) does not apply if:

(a)

the specimen was lawfully imported; or

(b)

the specimen was not imported, but all of the specimens of which it is the progeny were lawfully imported.

Note 1:

For lawfully imported, see section 303GY.

Note 2:

The defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4)

Subsection (2) does not apply if the specimen was neither imported, nor the progeny of any other specimen that was imported.

Note:

The defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5)

Subsection (2) does not apply if the defendant has a reasonable excuse.

Note:

The defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

Possession of listed regulated live specimens

(6)

A person commits an offence if:

(a)

the person has in the person’s possession, in the Australian jurisdiction, a specimen; and

(b)

the specimen is a regulated live specimen that is included in Part 2 of the list referred to in section 303EB, and the person is reckless as to that fact; and

(c)

the specimen does not belong to a native species; and

(d)

either:

(i)

the specimen was unlawfully imported; or

(ii)

the specimen was not imported, but any of the specimens of which it is the progeny was unlawfully imported.

Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

(7)

Subsection (6) does not apply if the defendant has a reasonable excuse.

Note:

The defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).

Unlawfully imported

(8)

For the purposes of this section, a specimen is unlawfully imported if, and only if, it was imported, but was not lawfully imported (section 303GY).

This Act’s bill:Explanatory memorandum Second reading speech

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