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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 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 legislative instrument, 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 legislative instrument, amend the list referred to in subsection   (4) by:

  (a)   including or deleting items from the list; or

  (b)   correcting an inaccuracy or updating the name of a species.

  (7)   Section   42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument to which paragraph   (6)(b) of this section applies.


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