Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_71:p1
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 71 (pt 1/2)
Character Range: 162188–164857

71  Transitional—permits or authorities in force immediately before this item commenced

(1) For the purposes of this item, a permit or authority to export or to import a specimen is an old permit or an old authority if:
 (a) the permit or authority was granted or given to a person under the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (other than section 41 or 43A) before the commencement of this item; and
 (b) the permit or authority was in force immediately before that commencement; and
 (c) the specimen had not been exported or imported, as the case may be, before that commencement.

(2) If the old permit or old authority authorised the export or import of a CITES specimen, the Environment Protection and Biodiversity Conservation Act 1999 has effect as if:
 (a) the old permit or old authority were a permit issued under section 303CG of that Act authorising the export or import, as the case may be, of the specimen; and
 (b) the person were the holder of the section 303CG permit; and
 (c) the section 303CG permit ceases to be in force when the old permit or old authority would have ceased to be in force if this Act had not been enacted (unless the section 303CG permit is sooner cancelled under section 303GI of the Environment Protection and Biodiversity Conservation Act 1999); and
 (d) any conditions of the old permit or old authority were conditions of the section 303CG permit; and
 (e) a notice from the Designated Authority under paragraph 45(1)(b) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 in relation to the old permit or old authority were a notice from the Secretary under paragraph 303GK(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the section 303CG permit.

(3) If the old permit or old authority authorised the export of a regulated native specimen (other than a CITES specimen), the Environment Protection and Biodiversity Conservation Act 1999 has effect as if:
 (a) the old permit or old authority were a permit issued under section 303DG of that Act authorising the export of the specimen; and
 (b) the person were the holder of the section 303DG permit; and
 (c) the section 303DG permit ceases to be in force when the old permit or old authority would have ceased to be in force if this Act had not been enacted (unless the section 303DG permit is sooner cancelled under section 303GI of the Environment Protection and Biodiversity Conservation Act 1999); and
 (d) any conditions of the old permit or old authority were conditions of the section 303DG permit; and
 (e) a notice from the Designated Authority under paragraph 45(1)(b)