Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 527D

  (1)   For the purposes of this Act, if a thing is represented by an accompanying document, the package or a mark or label, or from any other circumstances, to be:

  (a)   the skin, feathers, horns, shell or any other part of a CITES listed animal; or

  (b)   part of a CITES listed plant; or

  (c)   reproductive material from a CITES listed animal or a CITES listed plant; or

  (d)   an article produced by or from, or derived from, one or more CITES listed animals or one or more CITES listed plants, whether with or without any other material;

then the thing is taken to be a CITES specimen.

Note:   This subsection has the effect (among other things) of widening the scope of sections   303CC, 303CD and 303GN, which are offence provisions relating to the export, import and possession of specimens.

  (2)   The Minister must not issue a permit under section   303CG authorising the export or import of a thing that is taken under subsection   (1) to be a CITES specimen unless the thing is a CITES specimen apart from subsection   (1).

  (3)   In this section:

"CITES listed animal" means an animal of a species included in Appendix I, II or III to CITES.

"CITES listed plant" means a plant of a species included in Appendix I, II or III to CITES.

"export" has the same meaning as in Part   13A.

"import" has the same meaning as in Part   13A.