Environment Protection and Biodiversity Conservation Act 1999

For the purposes of this Part, if a specimen is brought into Australia from a country:

for the purpose of transhipment to another country; or

as part of an aircraft’s stores or ship’s stores;

is taken not to have been imported into Australia; and

when it leaves Australia, is taken not to be exported from Australia.

For the purposes of this Part, if a specimen is brought into an external Territory:

for the purpose of transhipment to another country; or

as part of an aircraft’s stores or ship’s stores;

is taken not to have been imported into that Territory; and

when it leaves that Territory, is taken not to be exported from that Territory.

For the purposes of subsection (1), a specimen is to be taken to be brought into Australia for the purpose of transhipment to another country if, and only if:

the specimen is brought into Australia in the course of being transported to an identified person in the other country; and

any delay in its leaving Australia will be due solely to the arrangements for its transport; and

it will be under customs control under the Customs Act 1901 all the time that it is in Australia.

For the purposes of subsection (2), a specimen is taken to be brought into an external Territory for the purpose of transhipment to another country if, and only if:

the specimen is brought into that Territory in the course of being transported to an identified person in the other country; and

any delay in its leaving that Territory will be due solely to the arrangements for its transport; and

it will be under the control of an authorised officer all the time that it is in that Territory.

For the purposes of this Part, if:

the Minister, the Director of Biosecurity, a prescribed person or a prescribed organisation is satisfied that, in order to meet an emergency involving danger to the life or health of a human or an animal, it is necessary or desirable that a specimen that could be used in treating that person or animal should be sent out of, or brought into, Australia or an external Territory; and

that specimen is sent out of, or brought into, Australia or that Territory, as the case requires, to meet that emergency;

Subject to subsections (1), (2) and (5), if, in accordance with the Biosecurity Act 2015 or a law of an external Territory relating to quarantine, a person exercising powers under that Act or law imports a specimen that is subject to biosecurity control under the Biosecurity Act 2015 or subject to quarantine, then, for the purposes of this Part, that specimen is taken to have been imported by:

if a person holds a permit to import that specimen—the holder of that permit; or

in any other case—a person whose identity is not known;

In this section: