Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303cd
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303CD
Character Range: 15341–17723

303CD  Imports of CITES specimens

 (1) A person is guilty of an offence if:
 (a) the person imports a specimen; and
 (b) the specimen is a CITES specimen.

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

Authorised import—permit

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

Authorised import—CITES exemptions

 (3) Subsection (1) does not apply if the import of the specimen is an import that, under the regulations, is taken to be an import of a personal or household effect.

Note: See paragraph 3 of Article VII of CITES.

 (4) Subsection (1) does not apply if:
 (a) the specimen is a CITES II specimen; and
 (b) the specimen is not a live specimen; and
 (c) the specimen belongs to a species that is not specified in the regulations; and
 (d) in a case where a quantitative limit is applicable to the specimen under a notation in the list referred to in section 303CA—the quantity of the specimen does not exceed that limit; and
 (e) the specimen is within the personal baggage of a person entering Australia or an external Territory; and
 (f) the specimen is not intended for sale or for any other commercial purpose; and
 (g) both:
 (i) the country from which the specimen is proposed to be imported has a relevant CITES authority; and
 (ii) permission to export the specimen from that country has been given by a relevant CITES authority of that country.

 (5) Subsection (1) does not apply if the import of the specimen is an import 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.

 (6) Subsection (1) does not apply if:
 (a) the country from which the specimen is proposed to be imported has a relevant CITES authority; and
 (b) a relevant CITES authority of that country has issued a certificate under paragraph 2 of Article VII of CITES in respect of the specimen.

Note 1: Paragraph 2 of Article VII of CITES deals with a specimen that was acquired before the provisions of CITES applied to the specimen.

Note 2: The defendant bears an evidential burden in relation to the matters in subsections (2), (3), (4), (5) and (6) (see subsection 13.3(3) of the Criminal Code).