Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303dd
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303DD
Character Range: 33566–35234

303DD  Exports of regulated native specimens

 (1) A person is guilty of an offence if:
 (a) the person exports a specimen; and
 (b) the specimen is a regulated native specimen.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

Exemption—permit

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

Exemption—accredited wildlife trade management plan

 (3) Subsection (1) does not apply if:
 (a) the export of the specimen would be an export in accordance with an accredited wildlife trade management plan (section 303FP); and
 (b) the specimen is not a live native mammal, a live native reptile, a live native amphibian or a live native bird; and
 (ba) either:
 (i) the specimen is not a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of this subparagraph; or
 (ii) the export is an export from an approved aquaculture program in accordance with section 303FM; and
 (c) the specimen is not a CITES specimen; and
 (d) the specimen does not belong to an eligible listed threatened species.

Exemption—exchange of scientific specimens

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

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