Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303EK

  (1)   A person commits an offence if:

  (a)   the person imports a specimen; and

  (b)   the specimen is a regulated live specimen.

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

Exemption--permit

  (2)   Subsection   (1) does not apply if:

  (a)   the specimen is included in Part   2 of the list referred to in section   303EB; and

  (b)   the specimen is imported in accordance with a permit that was issued under section   303CG, 303EN, 303GB or 303GC and is in force.

Exemption--testing permit

  (3)   Subsection   (1) does not apply if the specimen is imported in accordance with a permit that was issued under section   303GD and is in force.

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