Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303fg
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303FG
Character Range: 65295–67395

303FG  Export or import of household pets

Export of live native animals

 (1) The export of a live native animal (other than a CITES specimen) is an export of a household pet in accordance with this section if:
 (a) the animal is included in the list referred to in subsection (4); and
 (b) the export is not primarily for commercial purposes; and
 (c) such other conditions as are specified in the regulations have been, or are likely to be, satisfied.

Export of live CITES specimens

 (2) The export of a CITES specimen is an export of a household pet in accordance with this section if:
 (a) the specimen is a live animal; and
 (b) if the animal is a native animal—the animal is included in the list referred to in subsection (4); and
 (c) the export is not primarily for commercial purposes; and
 (d) such other conditions as are specified in the regulations have been, or are likely to be, satisfied.

Import of live animals

 (3) The import of a live animal is an import of a household pet in accordance with this section if:
 (a) the conditions specified in the regulations have been, or are likely to be, satisfied; and
 (b) the import is not primarily for commercial purposes; and
 (c) the animal is included in Part 2 of the list referred to in section 303EB.

Listing of native household pet animals

 (4) The Minister must, by instrument published in the Gazette, establish a list of native household pet animals.

 (5) The list, as first established, must contain the animals referred to in Schedule 7 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section.

 (6) The Minister may, by instrument in the Gazette, amend the list referred to in subsection (4) by:
 (a) including items in the list; or
 (b) deleting items from the list; or
 (c) correcting an inaccuracy or updating the name of a species.

 (7) An instrument under subsection (6) (other than an instrument mentioned in paragraph (6)(c)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.