Wildlife Protection (Regulation of Exports and Imports) Act 1982

WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT COMPILATION INFORMATION - NOTES [Note: Schedules containing amendments deemed to be made by Declaration (which are notified in the Gazette) have been shown separately in Note 2] Act No. 149 of as amended This compilation was prepared on 16 October 2000 taking into account amendments up to Act No. 146 of 1999 The text of any of those amendments not in force on that date is appended in the Notes section Contents Volume 2 includes: Notes Prepared by the Office of Legislative Drafting, Attorney-General's Department, Canberra LONG TITLE An Act to further the protection and conservation of wildlife by regulating the export and import of certain animals, plants and goods, and by regulating the possession of certain exotic birds, and for related purposes Part I--Preliminary SECT 1 1 Short title [see - NOTES 1] This Act may be cited as the WILDLIFE PROTECTION REGULATION OF EXPORTS AND IMPORTS) ACT 1982 SECT 2 2 Commencement [see - NOTES 1] This Act shall come into operation on a date to be fixed by Proclamation. SECT 3 3 Object of Act The object of this Act is to comply with the obligations of Australia under the Convention and otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries. SECT 4 4 Interpretation (1) In this Act, unless the contrary intention appears: animal means any member, alive or dead, of the animal kingdom (other than man). animal reproductive material means: (a) an embryo, an egg or sperm of an animal; or (b) any other part, or product, of an animal from which another animal could be produced. animal specimen means: (a) an animal; (b) animal reproductive material; (c) the skin, feathers, horns, shell or any other part of an animal; or (d) any article wholly produced by or from, or otherwise wholly derived from, a single animal; but does not include: (e) a fossil; or (f) a mineralised deposit. approved institution means an organization declared by a declaration in force under section 11 to be an approved institution in relation to a class, or classes, of specimens. approved management program means a management program declared by a declaration in force under section 10 to be an approved management program. approved zoological organization means a zoological organization declared by a declaration in force under section 12 to be an approved zoological organization in relation to a class, or classes, of specimens. article includes a substance or a mixture of substances. artificially propagated, in relation to a plant or plant reproductive material, has the meaning given by section 15. authority means an authority to export or to import a specimen given under section 41, 42, 43 or 44. bred in captivity, in relation to an animal or animal reproductive material, has the meaning given by section 14. care, in relation to an animal or a plant, includes, where appropriate, the provision of suitable housing for the animal or plant. classified exotic bird means a bird (other than a native Australian bird) that belongs to a species that is not specified in Schedule 9. coastal sea: (a) in relation to Australia, means: (i) the territorial sea of Australia; and (ii) the sea on the landward side of the territorial sea of Australia; and (b) in relation to an external Territory, means: (i) the Territorial sea of that Territory; and (ii) the sea on the landward side of the territorial sea of that Territory. continental shelf, in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973. controlled specimen means a specimen that is a controlled specimen because of a declaration in force under section 10A. Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington in the United States of America on 3 March 1973 (a copy of the version of which in the English language, apart from the Appendices to it, is set out in Schedule 8). Convention listed animal means an animal of a species included in Appendix I, II or III to the Convention. Note: These species are included in those listed in Schedules 1, 2, 2A and 3. Convention listed plant means a plant of a species included in Appendix I, II or III to the Convention. Note: These species are included in those listed in Schedules 1, 2, 2A and 3. conveyance includes an aircraft, vehicle or vessel. Designated Authority means the Designated Authority established by section 17. disease means: (a) a disease, parasite or pest that, for the purposes of the Quarantine Act 1908, is a disease in relation to animals; or (b) a disease, pest or plant that, for the purposes of that Act, is a disease in relation to plants. eligible seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody. evidential material means a thing relevant to an offence against this Act, including such a thing in electronic form. executing inspector, in relation to a warrant, means the inspector named in the warrant as being responsible for executing the warrant. Exotic Birds Committee means the Exotic Birds Committee established by section 57U. export means export from Australia or from an external Territory, but does not include: (a) export from Australia to a prescribed Territory; (b) export from a prescribed Territory to Australia; and (c) export from a prescribed Territory to the other prescribed Territory. fish means any animal that is a member of the class Pisces or of the class Agnatha, and includes a shark, a skate and a ray. frisk search means: (a) a search of a person conducted by quickly running the hands over the person's outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. holder means: (a) in relation to a permit—the person who has been granted that permit; or (b) in relation to an authority—the person who has been given that authority; or (c) in relation to a registration certificate—the person who, or the partnership that, has been granted that certificate. import means import (including import by way of introduction from the sea) into Australia or into an external Territory, but does not include: (a) import into Australia from a prescribed Territory; (b) import into a prescribed Territory from Australia; and (c) import into a prescribed Territory from the other prescribed Territory. inspector means: (a) a person appointed as an inspector under section 58; (b) a person who is an inspector by virtue of section 59; or (c) a person who is an inspector by virtue of an arrangement entered into under subsection 60(1), (2) or (3). inter zoological gardens transfer has the meaning given by section 13. live animal includes animal reproductive material. live plant includes plant reproductive material. Magistrate means a Magistrate who is remunerated by salary or otherwise. management program means a program for the protection, conservation or management of animals or of plants, or of both. marine environment means the sea, and includes: (a) the air space above the sea; and (b) the sea-bed and subsoil beneath the sea. native Australian animal means: (a) an animal of a species that is indigenous to Australia or to an external Territory; (b) an animal of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea-bed or subsoil beneath that sea; (c) an animal of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters; (d) a migratory animal of a species that periodically or occasionally visits Australia or an external Territory, the coastal sea of Australia or of an external Territory, or the sea over the continental shelf of Australia or of an external Territory; or (e) an animal of a species that is not indigenous to Australia but was present in Australia before the year 1788. native Australian plant means: (a) a plant of a species that is indigenous to Australia or to an external Territory; (b) a plant of a species that is indigenous to the coastal sea of Australia or of an external Territory or to the sea-bed or subsoil beneath that sea; (c) a plant of a species that is indigenous to the continental shelf of Australia or of an external Territory or to the superjacent waters; or (d) a plant of a species that is not indigenous to Australia but was present in Australia before the year 1788. occupier, in relation to a conveyance, means the person apparently in charge of the conveyance. offence against this Act includes: (a) an offence against section 6, 7 or 7A of the Crimes Act 1914 in relation to this Act; and (b) an offence against subsection 86(1) of the Crimes Act 1914 by virtue of paragraph (a) of that subsection, being an offence in relation to an offence against this Act. officer assisting, in relation to a warrant, means: (a) a person who is an inspector and who is assisting in executing the warrant; or (b) a person who is not an inspector and who has been authorised by the relevant executing inspector to assist in executing the warrant. officer of Customs has the same meaning as it has in the Customs Act 1901. ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and (b) an examination of those items. permit means a permit to export or to import a specimen granted under section 24. plant means a member, alive or dead, of the plant kingdom, and includes fungi. plant reproductive material means: (a) a seed or spore of a plant; (b) a cutting from a plant; or (c) any other part, or product, of a plant from which another plant can be produced. plant specimen means: (a) a plant; (b) plant reproductive material; (c) any part of a plant; or (d) any article wholly produced by or from, or otherwise wholly derived from, a single plant; but does not include: (e) a fossil; or (f) a mineralised deposit. premises includes a place and a conveyance. prescribed scientific organization means a scientific organization included in a class of scientific organizations declared by the regulations to be a prescribed class of scientific organizations for the purposes of this Act. prescribed scientific research means scientific research engaged in by a prescribed scientific organization. prescribed Territory means: (a) the Coral Sea Islands Territory; or (b) the Territory of Ashmore and Cartier Islands. progeny includes: (a) in relation to a live animal—any animal reproductive material of that animal or of any progeny of that animal; (b) in relation to a live plant—any plant reproductive material of that plant or of any progeny of that plant; (c) in relation to a live animal that is animal reproductive material—any animal resulting from that material or any progeny of such animal; and (d) in relation to a live plant that is plant reproductive material—any plant resulting from that material or any progeny of such plant. recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search began. recipient means: (a) in relation to a specimen that is exported—the person in the country to which the specimen is exported who is to have the care and custody of the specimen after the export; and (b) in relation to a specimen that is imported into Australia or into an external Territory—the person in Australia or that Territory, as the case may be, who is to have the care and custody of the specimen after the import. registration certificate means a registration certificate granted under section 57H. relevant authority, in relation to a country, means: (a) where the country is a party to the Convention—a Management Authority of that country; or (b) where the country is not a party to the Convention—the competent authority of that country within the meaning of Article X of the Convention. scientific organization means an organization engaged in scientific research. sender, in relation to a specimen that is imported into Australia or into an external Territory, means the person in the country from which the specimen is imported who exports it from that country to Australia or to that Territory, as the case may be. specimen means: (a) an animal specimen; or (b) a plant specimen. take includes: (a) in relation to an animal—catch, capture, trap and kill; and (b) in relation to a plant specimen—pick, gather and cut. territorial sea, in relation to Australia or to an external Territory, has the same meaning as it has for the purposes of the Seas and Submerged Lands Act 1973. thing relevant to an offence against this Act means: (a) anything with respect to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed; or (b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of an offence against this Act; or (c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing an offence against this Act. vessel means a vessel or boat of any description, and includes: (a) an air-cushion vehicle or other similar craft; and (b) any floating structure. warrant (except in Part IIA) means a warrant under Part III. Note: Division 7 of Part IIA provides for monitoring warrants in relation to classified exotic birds. warrant premises means premises in relation to which a warrant is in force. zoological organization means an organization engaged in the exhibition or breeding of wild animals. (2) In any other provision of this Act references to a specimen shall be read as including references to an article that consists of, or is derived from: (a) a specimen and material other than a specimen; (b) 2 or more specimens; or (c) 2 or more specimens and material other than a specimen. (2A) Where an article consists of, or is derived from 2 or more specimens, either with or without any material other than a specimen, then this Act applies to and in relation to that article separately in so far as it consists of, or is derived from, each of those specimens. (2B) 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 Convention listed animal; or (b) part of a Convention listed plant; or (c) reproductive material from a Convention listed animal or a Convention listed plant; or (d) an article produced by or from, or derived from, one or more Convention listed animals or one or more Convention listed plants, whether with or without any other material; then the thing is taken to be a specimen derived from the Convention listed animal or the Convention listed plant, or from each Convention listed animal or Convention listed plant, as the case requires. Note: This subsection has the effect (among other things) of widening the scope of sections 21, 22 and 53, which are offence provisions relating to the export, import and possession of specimens. (2C) However, the import or export of a thing that is taken under subsection (2B) to be a specimen derived from an animal or plant of a particular kind is not to be taken to be in accordance with a permit or authority only because of the operation of that subsection. Example: A person labels tiger bone as the bone of a Convention listed animal that the person is authorised by a permit to import, and imports the tiger bone. The mere fact that the tiger bone is labelled in that way does not mean that its import is in accordance with a permit. (3) A reference in this Act to a country shall be read as including a reference to a place that is a territory, dependency or colony (however described) of another country. (4) For the purposes of this Act, a specimen shall be taken to have been imported into Australia or into an external Territory by way of introduction from the sea if, and only if, the specimen was taken in the marine environment not under the jurisdiction of any country and then imported into Australia or the external Territory, as the case may be, without having been imported into any other country. (5) For the purposes of this Act: (a) where a live animal (other than animal reproductive material) that was bred in captivity dies, the dead animal and specimens derived from the dead animal shall be taken to be specimens derived from that live animal; and (b) where a live plant (other than plant reproductive material) that was artificially propagated dies, the dead plant and specimens derived from the dead plant shall be taken to be specimens derived from that live plant. (6) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police. (7) Except so far as the contrary intention appears, an expression that is used in this Act without being defined in, or having a particular meaning assigned to it by, this Act and is used in the Convention (whether or not it is defined in, or a particular meaning is assigned to it by, the Convention) has, in this Act, the same meaning as it has in the Convention. (8) For the purposes of this Act, the doing of any thing to, or with, a live animal or a live plant (including killing the animal or plant or doing, or failing to do, any thing in relation to the housing of the animal or plant) for the purposes of scientific research shall not be taken to be failure to provide suitable care for the animal or plant. (9) For the purposes of this Act, where the common name of a kind of animal or plant is set out in a Schedule next to or under a taxon, that common name does not affect the meaning of that taxon. (10) For the purposes of this Act, a genus, species or sub-species referred to in a description set out in a Part of a Schedule shall not be taken to be specified in that Part. SECT 5 5 Saving of other laws (1) This Act and the regulations shall be read and construed as being in addition to, and not in derogation of or in substitution for: (a) the Customs Act 1901; (b) the Quarantine Act 1908; or (c) any other law of the Commonwealth or of an external Territory, whether passed or made before or after the commencement of this Act. (2) A person who is the holder of a permit or an authority to export or to import a specimen is not, by reason only of being the holder of the permit or authority, exempt from compliance with any law referred to in paragraph (1)(a), (b) or (c) that applies in relation to that specimen. (3) Without limiting the generality of subsection (1), this Act and the regulations shall not be read or construed as authorizing or permitting the doing of any act in contravention of the Quarantine Act 1908 or of a law of an external Territory relating to quarantine. SECT 6 6 Application of Act This Act applies both within and outside Australia and extends to every external Territory. SECT 7 7 Act to bind Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island. SECT 8 8 Act not to apply to certain specimens (1) For the purposes of this Act, where a specimen is brought into Australia from a country (other than a prescribed Territory): (a) for the purpose of transhipment to another country; or (b) as part of an aircraft's stores or ship's stores; that specimen: (c) shall be taken not to have been imported into Australia; and (d) when it leaves Australia, shall be taken not to be exported from Australia. (2) For the purposes of this Act, where a specimen is brought into an external Territory (other than a prescribed Territory): (a) for the purpose of transhipment to another country; or (b) as part of an aircraft's stores or ship's stores; that specimen: (c) shall be taken not to have been imported into that Territory; and (d) when it leaves that Territory, shall be taken not to be exported from that Territory. (3) For the purposes of this Act, where a prescribed organization sends a specimen out of, or brings a specimen into, Australia or an external Territory for the purpose of using the specimen in a diagnostic test that is to be carried out in an endeavour to identify a disease of humans, animals or plants, that specimen shall be taken not to have been exported or imported, as the case may be. (4) For the purposes of this Act, where: (a) a prescribed person or a prescribed organization is satisfied that, in order to meet an emergency involving danger to the life or health of a human or an animal, it is necessary or desirable that a specimen that could be used in treating that person or animal should be sent out of, or brought into, Australia or an external Territory; and (b) that specimen is sent out of, or brought into, Australia or that Territory, as the case requires, to meet that emergency; that specimen shall be taken not to have been exported or imported, as the case may be. (5) Subject to subsections (1), (2), (3) and (4), where, in accordance with the Quarantine Act 1908 or a law of an external Territory relating to quarantine, a person exercising powers under that Act or law imports a specimen that is subject to quarantine, then, for the purposes of this Act, that specimen shall be deemed to have been imported by: (a) where a person holds a permit or an authority to import that specimen—the holder of that permit or authority; or (b) in any other case—a person whose identity is not known; but this subsection shall not affect the commission of any offence committed before the importation of that specimen. (5A) For the purposes of subsection (1), a specimen is to be taken to be brought into Australia for the purpose of transhipment to another country if, and only if: (a) the specimen is brought into Australia in the course of being transported to an identified person in the other country; and (b) any delay in its leaving Australia will be due solely to the arrangements for its transport; and (c) it will be under the control of the Customs all the time that it is in Australia. (5B) For the purposes of subsection (2), a specimen is to be taken to be brought into an external Territory for the purpose of transhipment to another country if, and only if: (a) the specimen is brought into that Territory in the course of being transported to an identified person in the other country; and (b) any delay in its leaving that Territory will be due solely to the arrangements for its transport; and (c) it will be under the control of an inspector all the time that it is in that Territory. (6) In this section, aircraft's stores and ship's stores have the same meanings respectively as they have in Part VII of the Customs Act 1901. SECT 8A 8A Act not to apply to certain specimens used by traditional inhabitants (1) In this section: area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (2). Australian place means a place in Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone. Papua New Guinea place means a place in Papua New Guinea that is in the Protected Zone or in an area in the vicinity of the Protected Zone. prescribed specimen means a specimen of a kind specified in a notice in force under subsection (3). Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty. Torres Strait Treaty means the Treaty between Australia the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978. traditional activities has the same meaning as in the Torres Strait Treaty. traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984. (2) The Minister may, by notice published in the Gazette, declare an area adjacent to the Protected Zone to be an area in the vicinity of the Protected Zone for the purposes of this section. (3) The Minister may, by notice published in the Gazette, declare that a specimen of a kind specified in the notice is a prescribed specimen for the purposes of this section. (4) For the purposes of this Act, where a prescribed specimen that is owned by, or is under the control of, a traditional inhabitant and that has been used, is being used or is intended to be used by him in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone, is: (a) brought to an Australian place from a Papua New Guinea place; or (b) taken from an Australian place to a Papua New Guinea place; then, subject to subsection (5), that specimen: (c) in the case where the specimen is brought into Australia as mentioned in paragraph (a)—shall be taken not to have been imported into Australia; and (d) in the case where the specimen is taken from Australia as mentioned in paragraph (b)—shall be taken not to have been exported from Australia. (5) Where: (a) a prescribed specimen that has been brought into Australia is, under subsection (4), taken not to have been imported into Australia; and (b) that prescribed specimen is brought to a place in Australia that is not in the Protected Zone or in an area in the vicinity of the Protected Zone; the prescribed specimen shall be taken to have been imported into Australia upon being brought to the place referred to in paragraph (b). SECT 9 9 Variation of SCHEDULE s [see - NOTES 2] (1) The Minister may, by instrument under the Minister's hand published in the Gazette, declare that a Schedule, not being Schedule 5 or 8, specified in the instrument shall be deemed to be amended in a manner specified in the instrument, and that declaration shall have effect accordingly. (1A) A declaration under subsection (1) that relates to Schedule 6 may be made: (a) on the Minister's own initiative; or (b) on written application being made to the Minister. (2) Sections 48 (other than paragraph (1)(a)), 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to declarations under subsection (1) as if, in those sections, references to regulations were references to declarations. (3) For the purposes of section 8 of the Acts Interpretation Act 1901, a declaration under subsection (1) that is deemed to amend a Schedule by way of repealing part of that Schedule shall be deemed to be an Act that repeals that part of that Schedule. (4) The Minister will take all necessary action to ensure that, where a Schedule is deemed to be amended by virtue of a declaration in force under subsection (1), a copy of that Schedule as deemed to be amended is readily available, on the payment of such fee (if any) as is prescribed, to any member of the public who might wish to export or to import, or is otherwise concerned with the export or import of, specimens. Note: See section 9B for requirements about comments on proposed declarations relating to the amendment of Schedule 6. SECT 9A 9A Register of persons concerned about amendments of SCHEDULE 6 or declarations of management programs or controlled specimens (1) The Designated Authority must maintain a register containing a list of the names and postal addresses of persons and organisations who are to be notified of: (aa) proposals for declarations under section 9, where the declarations relate to the amendment of Schedule 6; and (a) proposals for declarations of approved management programs under section 10; and (b) proposals for declarations of controlled specimens under section 10A. (2) As soon as practicable after the commencement of this section and on each anniversary of that commencement, the Designated Authority must give public notice: (a) inviting persons and organisations to have their names and postal addresses entered on the register; and (b) in the case of the second or a later notice given when there is a person or organisation on the register—inviting persons and organisations on the register to have their names and postal addresses left on the register. (3) A notice must state that the acceptance of an invitation: (a) is to be in writing sent to the Designated Authority at a place specified in the notice accompanied, except in the case of an invitation under paragraph (2)(b), by particulars of the name and postal address of the acceptor; and (b) is to be given: (i) in the case of a person, or organisation, in existence on the publication of the notice—within one month after that publication; and (ii) in any other case—within 12 months after that publication. (4) Where a person or organisation accepts an invitation in the way required by the notice, the Designated Authority is to enter, or retain, the name and postal address of the person or organisation on the register. (5) The Designated Authority may vary the address on the register of a person or organisation at the written request of the person or organisation. (6) The Designated Authority must remove the name and address of a person or organisation from the register if: (a) in the case of a name and address that was on the register before the most recent notice under subsection (2)—the invitation to keep that name and address on the register was not accepted within one month after the publication of that notice; or (b) the person or organisation makes a written request for the removal; or (c) the Designated Authority becomes satisfied that: (i) in the case of a natural person—the person has died; or (ii) in any other case—the person or organisation has ceased to exist. (7) In subsection (2), a reference to public notice is a reference to a notice published: (a) in the Gazette; and (b) in each State and internal Territory in a newspaper circulating generally in that State or Territory; and (c) in each external Territory that the Minister considers appropriate (if any) in a newspaper circulating generally in that external Territory. SECT 9B 9B Views of concerned persons to be considered before making declarations (1) Where the Minister proposes to: (aa) make a declaration under section 9, where the declaration relates to the amendment of Schedule 6; or (a) declare an approved management program under section 10; or (b) declare a controlled specimen under section 10A; the Designated Authority must send each person and organisation on the register maintained under section 9A written notice of the proposal and, without contravening the Privacy Act 1986, sufficient information to enable the person or organisation to consider adequately the merits of the proposal. (2) A person or organisation on the register may give the Designated Authority written comments on the proposal within one month after its receipt of the notice or such longer period as the Designated Authority determines. (3) The Minister is not to make the proposed declaration unless the Minister has considered all comments on the proposal given under subsection (2). SECT 10 10 Approved management programs (1) Subject to subsection (1B) and to any regulations referred to in subsection (2), the Minister may, by instrument under the Minister's hand published in the Gazette, declare a management program that is being, is proposed to be, or has been, carried out, in Australia, in an external Territory or in another country to be an approved management program for the purposes of this Act. (1A) A declaration under subsection (1) may be made: (a) on the Minister's own initiative; or (b) on written application being made to the Minister. (1B) If: (a) a management program has been, is being, or is proposed to be, carried out in a State or Territory; and (b) the management program relates to the protection, conservation or management of particular animals or of particular plants, or of both; the Minister must not make a declaration about the management program unless: (c) legislation relating to the protection, conservation or management of the animals or plants is in force in the State or Territory; and (d) the legislation applies throughout the State or Territory; and (e) in the opinion of the Minister, the legislation is effective. (2) The regulations may provide that the Minister must not declare a management program to be an approved management program unless the Minister is satisfied of certain matters in relation to the program. (2A) A declaration under subsection (1) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection (3). (2B) If a declaration ceases to be in force because of subsection (2A), this Act does not prevent the Minister from making a fresh declaration under subsection (1). (2C) A fresh declaration under subsection (1) may be made during the 90-day period before the time when the current declaration ceases to be in force. (2D) A fresh declaration that is made during that 90-day period takes effect immediately after the end of that period. (3) The Minister may make a declaration about a management program even though he or she considers that the program should be an approved management program only: (a) during a particular period; or (b) while certain circumstances exist; or (c) while a certain condition is complied with; but, in such a case, the instrument of declaration is to specify the period, circumstances or condition. (4) If a declaration specifies circumstances as mentioned in subsection (3), the Minister must revoke the declaration if he or she is satisfied that those circumstances have ceased to exist. (5) The Minister may vary a declaration by: (a) specifying one or more conditions (or further conditions) to which the declaration is subject; or (b) revoking or varying a condition: (i) specified in the instrument of declaration; or (ii) specified under paragraph (a). (6) The Minister must revoke a declaration if he or she is satisfied that a condition of the declaration has been contravened. (7) The Minister may revoke a declaration at any time. SECT 10A 10A Controlled specimens (1) In this section: ordinary Australian specimen means a specimen that is, or is derived from, a native Australian animal or a native Australian plant other than: (a) a live native Australian animal of a species included in the sub-phylum vertebrata, not being a fish; or (b) a specimen specified in Part I of Schedule 1; or (c) a specimen specified in Part I of Schedule 3. ordinary specimen means a specimen other than: (a) a live animal; or (b) a specimen specified in Part I of Schedule 1; or (c) a specimen specified in Part I of Schedule 3. (2) Where the Minister decides that it would be consistent with the object of this Act for ordinary Australian specimens of a particular kind to be taken from a particular place in Australia or an external Territory otherwise than in accordance with an approved management program and exported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act. (2A) Except in special circumstances, the Minister must not make a declaration under subsection (2) about specimens of a particular kind unless: (a) legislation relating to the protection, conservation or management of the specimens is in force in each State and Territory from which the specimens are to be taken; and (b) the legislation applies throughout each State and Territory from which the specimens are to be taken; and (c) in the opinion of the Minister, the legislation is effective. (3) Where the Minister decides that it would be consistent with the object of this Act for ordinary specimens of a particular kind to be taken in a particular place in a foreign country otherwise than in accordance with an approved management program and imported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act. (3A) A declaration under subsection (2) or (3) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection (4). (3B) If a declaration ceases to be in force because of subsection (3A), this Act does not prevent the Minister from making a fresh declaration under subsection (2) or (3). (3C) A fresh declaration under subsection (2) or (3) may be made during the 90-day period before the time when the current declaration ceases to be in force. (3D) A fresh declaration that is made during that 90-day period takes effect immediately after the end of that period. (4) The Minister may make a decision under subsection (2) or (3) about specimens of a particular kind even though the decision is: (a) limited to specimens taken during a particular period; or (b) limited to a particular number or other quantity of the specimens; or (c) subject to the existence of particular circumstances; or (d) subject to compliance with a particular condition; but, in such a case, the instrument of declaration is to specify the period, quantity, circumstances or condition. (4A) If a declaration specifies circumstances as mentioned in subsection (4), the Minister must revoke the declaration if he or she becomes satisfied that those circumstances have ceased to exist. (4B) The Minister may vary a declaration by: (a) specifying one or more conditions (or further conditions) to which the declaration is subject; or (b) revoking or varying any condition: (i) specified in the instrument of declaration; or (ii) specified under paragraph (a). (4C) The Minister must revoke a declaration if he or she becomes satisfied that a condition of the declaration has been contravened. (4D) The Minister may revoke a declaration at any time. (5) The regulations may prescribe matters that are to be taken into account by the Minister when deciding whether or not to declare specimens to be controlled specimens under subsection (2) or (3). (5A) A declaration under subsection (2) or (3) may be made: (a) on the Minister's own initiative; or (b) on written application being made to the Minister. (6) The Designated Authority must maintain a register containing descriptions of the controlled specimens. (7) The register is to set out opposite to each description of controlled specimens the date of the declaration of the specimens. SECT 11 11 Approved institutions (1) Subject to any regulations referred to in subsection (2), the Designated Authority may, by instrument under the Designated Authority's hand published in the Gazette, declare an organization in Australia, in an external Territory or in another country, being an organization that is engaged in activities relating to live animals or live plants, to be an approved institution in relation to a class, or classes, of specimens specified in the instrument. (2) The regulations: (a) may provide that the Designated Authority shall not declare an organization referred to in subsection (1) to be an approved institution in relation to any class, a particular class, or particular classes, of specimens unless the Designated Authority is satisfied of certain matters in relation to the organization; or (b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will declare an organization referred to in subsection (1) to be an approved institution in relation to any class, a particular class, or particular classes, of specimens. (3) An organization referred to in subsection (1) may apply, in writing, to the Designated Authority to be declared to be an approved institution in relation to a class, or classes, of specimens specified in the application. SECT 12 12 Approved zoological organizations (1) Subject to any regulations referred to in subsection (2), the Designated Authority may, by instrument under the Designated Authority's hand published in the Gazette, declare a zoological organization in Australia, in an external Territory or in another country to be an approved zoological organization in relation to a class, or classes, of specimens specified in the instrument. (2) The regulations: (a) may provide that the Designated Authority shall not declare a zoological organization to be an approved zoological organization in relation to any class, a particular class, or particular classes, of specimens unless the Designated Authority is satisfied of certain matters in relation to the organization; or (b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will declare a zoological organization to be an approved zoological organization in relation to any class, a particular class, or particular classes, of specimens. (3) A zoological organization may apply, in writing, to the Designated Authority to be declared to be an approved zoological organization in relation to a class, or classes, of specimens specified in the application. SECT 13 13 Inter zoological gardens transfer (1) For the purposes of this Act, the export or the import of an animal specimen shall be taken to be an inter zoological gardens transfer if, and only if: (a) the exporter or the sender, as the case may be, is an approved zoological organization, or a relevant approved institution, in relation to a class of specimens that includes that specimen; and (b) in the case of a specimen that is a live animal: (i) in all cases—the animal is not required by the exporter or the sender, as the case may be, for the purposes of breeding, exhibition or research; and (ii) if the animal was bred in captivity—the animal was bred in captivity by the exporter or the sender, as the case may be; and (c) in the case of a specimen, other than a specimen that is, or is derived from, a live animal that was bred in captivity—the specimen was not purchased or otherwise obtained for the purposes of trade; and (d) the recipient is: (i) where the exporter or the sender is an approved zoological organisation, either: (A) an approved zoological organisation; or (B) a relevant approved institution; or (ii) where the exporter or the sender is a relevant approved institution—an approved zoological organisation; in relation to a class of specimens that includes that specimen; and (e) in the case of the export of a live native Australian animal: (i) the animal belongs to a species that can readily be bred in captivity; and (ii) the animal is for use in a breeding program specified in the regulations; and (f) in the case of a live animal specified in Part I of Schedule 1: (i) the animal belongs to a species that can be bred in captivity; and (ii) the animal is for use in a breeding program specified in the regulations. (2) In this section, relevant approved institution means an approved institution that is also a prescribed scientific organisation. SECT 14 14 Breeding in captivity For the purposes of this Act, a live animal of a particular kind shall be taken to have been bred in captivity if, and only if, it was bred in circumstances declared by the regulations to be circumstances the breeding in which of: (a) any live animal; (b) any live animal of that kind; or (c) any live animal included in a class of live animals that includes live animals of that kind; would constitute breeding in captivity. SECT 15 15 Artificial propagation For the purposes of this Act, a live plant of a particular kind shall be taken to have been artificially propagated if, and only if, it was propagated in circumstances declared by the regulations to be circumstances the propagation in which of: (a) any live plant; (b) any live plant of that kind; or (c) any live plant included in a class of live plants that includes live plants of that kind; would constitute artificial propagation. SECT 16 16 Export of household pets--native Australian animals (1) The export of a live native Australian animal from Australia or from an external Territory is an export of a household pet in accordance with this section if: (a) the animal is an animal of a species specified in Schedule 7, other than the species Melopsittacus undulatus (common name budgerigar); (b) the exporter kept the animal as a household pet immediately before the export; (c) the exporter has been ordinarily resident in Australia or that Territory, as the case may be, for not less than 4 years immediately preceding the export; (d) the exporter is leaving Australia or that Territory, as the case may be, with the intention of taking up permanent residence in another country; (e) it is not proposed to export (whether by virtue of this subsection or otherwise) more than one other animal of a species specified in Schedule 7 (other than a budgerigar), where that other animal has been kept as a household pet by the exporter or the members of the household of the exporter. (2) The export of a live native Australian animal of the species Melopsittacus undulatus (common name budgerigar) from Australia or from an external Territory is an export of a household pet in accordance with this section if: (a) the animal was bred in captivity; (b) the exporter has owned and kept the animal as a household pet; (c) the exporter is leaving Australia or that Territory, as the case may be, with the intention of taking up permanent residence in another country; and (d) it is not proposed to export (whether by virtue of this subsection or otherwise) any animal of that species that has been kept as a household pet by the exporter or the members of the household of the exporter other than that animal or that animal and one other animal of that species. (3) The export before 1 May 1987 of a live native Australian animal from Australia or from an external Territory is an export of a household pet in accordance with this section if: (a) the animal is an animal of a species specified in Schedule 7; (b) the exporter has owned and kept the animal as a household pet: (i) for not less than 2 years immediately preceding the export; and (ii) since a day on or before 1 May 1984; (c) the exporter has been ordinarily resident in Australia or that Territory, as the case may be: (i) for not less than 3 years immediately preceding the export; and (ii) since a day on or before 1 May 1984; and (d) it is not proposed to export (whether by virtue of this subsection or otherwise) any animal of that species that has been kept as a household pet by the exporter or the members of the household of the exporter other than that animal or that animal and one other animal of that species. SECT 16A 16A Export of household pets--other animals The export of a live animal, other than a native Australian animal, from Australia or from an external Territory is an export of a household pet in accordance with this section if: (a) the exporter has owned and kept the animal as a household pet; and (b) the exporter is leaving Australia or that Territory, as the case may be, with the intention of taking up residence in another country. SECT 17 17 Designated Authority There shall be a Designated Authority for the purposes of this Act. SECT 18 18 Constitution of Designated Authority (1) The Secretary to the Department is the Designated Authority until: (a) an appointment is made under subsection (2); or (b) the Secretary resigns the office of Designated Authority under subsection (5). (2) Subject to subsection (1), the Designated Authority: (a) shall be a person appointed by the Minister; (b) shall be appointed on a part-time basis; (c) holds office at the pleasure of the Minister; and (d) may be a person who is engaged under the Public Service Act 1999. (3) A person shall not be appointed to be the Designated Authority unless the person has such qualifications and experience in connection with the conservation or management of wild animals and wild plants as, in the opinion of the Minister, render the person suitable for the appointment. (4) The Designated Authority holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister. (5) The Designated Authority may resign his or her office by writing signed by the Designated Authority and delivered to the Minister. SECT 19 19 Remuneration and allowances of Designated Authority (1) The Designated Authority shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the Designated Authority shall be paid such remuneration as is prescribed. (2) The Designated Authority shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. SECT 20 20 Acting Designated Authority (1) The Minister may appoint a person to act as the Designated Authority: (a) during a vacancy in the office of Designated Authority; or (b) during any period, or during all periods, when the Designated Authority is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (3) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Designated Authority; and (b) terminate such an appointment at any time. (4) Where a person is acting as Designated Authority in accordance with paragraph (1)(b) and the office of Designated Authority becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (5) The appointment of a person to act as the Designated Authority ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister. (6) Where a person is acting as Designated Authority, the person has and may exercise all the powers, and may perform all the functions, of the Designated Authority under this Act. (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment or acting had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased. Part II--Regulation of export and import of specimens Division 1-Prohibition of certain exports and imports SECT 21 21 Certain exports prohibited A person shall not, otherwise than in accordance with a permit or an authority, intentionally or recklessly export: (a) a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or (b) a specimen that is, or is derived from, a native Australian animal or a native Australian plant and is not specified in Part I of Schedule 4. Penalty: 1,000 penalty units or imprisonment for 10 years, or both. Note: Because of the operation of subsection 4(2B), it may be an offence under this section to export a thing that is represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant). SECT 22 22 Certain imports prohibited A person shall not, otherwise than in accordance with a permit or an authority, intentionally or recklessly import: (a) a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or (aa) a specimen specified in Part I of Schedule 2A; or (b) a specimen, being a live animal or a live plant (whether or not it is a specimen referred to in paragraph (a)) other than a live animal, or live plant, specified in Part I of Schedule 5 or Part I of Schedule 6. Penalty: 1,000 penalty units or imprisonment for 10 years, or both. Note: Because of the operation of subsection 4(2B), it may be an offence under this section to import a thing that is represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant). Division 2-Permits to export or to import specimens SECT 23 23 Application for permit (1) A person may make an application to the Minister for the grant of: (a) a permit to export a specimen the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21; or (b) a permit to import a specimen the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22. (2) An application for a permit shall be made in accordance with the prescribed form or, if no form is prescribed, a form approved by the Minister. (3) An application for a permit to export or to import a specimen for the purposes of scientific research shall contain particulars of the nature and purpose of that research. (4) Where an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling the Minister to deal with the application, the Minister may, by notice in writing served on the applicant not later than 60 days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 24, not to have been duly made until the statement is furnished. (5) Where an application is made for the grant of a permit and the Minister requires a test to be carried out for the purpose of enabling the Minister to deal with the application, the Minister may, by notice in writing served on the applicant not later than 60 days after the application is made: (a) inform the applicant of the nature of, the reason for, and the estimated cost of, that test and of the estimated time within which the result of that test would be obtained by the Minister; and (b) require the applicant to pay to the Commonwealth, as specified in the notice, the amount of that estimated cost; and, if a notice is so served, the application shall be deemed, for the purposes of section 24, not to have been duly made until the amount of that estimated cost is paid and the result of that test is obtained by the Minister. SECT 24 24 Grant of permit (1) Subject to this Act, the Minister may, in the Minister's discretion, grant, or refuse to grant, a permit to a person who has made an application for the permit in accordance with section 23. (2) The Minister must either grant or refuse to grant the permit within 90 days after the application is made. (3) However, if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the permit, the Minister must grant or refuse to grant the permit within 30 days after the day on which the Minister receives advice given under that Subdivision on the proposed grant. Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, persons considering whether to authorise certain actions must get advice on environmental matters from the Minister administering that Subdivision. (4) A permit shall be in writing in the prescribed form, or, if no form is prescribed, a form approved by the Minister. (5) A permit: (a) comes into force on the date on which it is granted; and (b) subject to section 46, remains in force: (i) in the case of a permit to export or import a specimen (other than a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3) for the purposes of scientific research—for a period of 2 years beginning on the date on which it is granted or, if a lesser period is specified in the permit, that lesser period; or (ii) in any other case—for a period of 6 months beginning on the date on which it is granted or, if a lesser period is specified in the permit, that lesser period. Division 3-Requirements for permits to export specimens SECT 25 25 Permits to export not to be granted if detrimental to survival of kind of animals or plants The Minister shall not grant a permit to export a specimen unless the Minister is satisfied that the export of the specimen will not be detrimental to, or contribute to trade which is detrimental to, the survival of: (a) any species or sub-species; or (b) any population specified in Schedule 1, 2 or 3. SECT 26 26 Permits to export not to be granted in respect of specimens unlawfully obtained etc. The Minister shall not grant a permit to export a specimen unless the Minister is satisfied that the specimen was not obtained in contravention of, and the export would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory. SECT 27 27 Requirements for permits to export live animals and live plants (1) The Minister shall not grant a permit to export a live animal unless the Minister is satisfied that: (a) the proposed recipient of the animal is equipped to provide, and will provide, suitable care for the animal; and (b) the animal will be prepared and shipped so that the risk of: (i) injury to the animal; (ii) adverse effect on the health of the animal; and (iii) cruel treatment of the animal; is minimised. (2) The Minister shall not grant a permit to export a live plant unless the Minister is satisfied that the plant will be prepared and shipped so that the risk of: (a) injury to the plant; and (b) adverse effect on the health of the plant; is minimised. SECT 28 28 Requirements for permits to export-- SCHEDULE 1 Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 1 unless the Minister is satisfied: (a) that: (i) the country to which the specimen is proposed to be exported has a relevant authority; and (ii) permission to import that specimen into that country has been given by a relevant authority of that country; (b) where the specimen is a live animal, that: (i) the proposed exporter and the proposed recipient are approved institutions in relation to a class of specimens that includes that live animal; (ii) the proposed export would be an inter zoological gardens transfer; or (iii) in the case of a live animal, other than a native Australian animal, the proposed export would be an export of a household pet in accordance with section 16A; (c) where the specimen is a live native Australian animal of a species included in the sub-phylum VERTEBRATA, that the proposed export: (i) would be an inter zoological gardens transfer; or (ii) is for the purposes of prescribed scientific research; (d) where the specimen is an animal specimen, other than a live native Australian animal of a species included in the sub-phylum VERTEBRATA, that: (i) the proposed export would be an inter zoological gardens transfer; (ii) the proposed export is for the purposes of prescribed scientific research; or (iii) the specimen is, or is derived from, a live animal that was bred in captivity; and (e) where the specimen is a plant specimen, that: (i) the proposed export is for the purposes of prescribed scientific research; or (ii) the specimen is, or is derived from, a live plant that was artificially propagated. SECT 29 29 Requirements for permits to export-- SCHEDULE 2 Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 2 unless the Minister is satisfied: (b) where the specimen is a live animal, that: (i) the proposed exporter and the proposed recipient are approved institutions in relation to a class of specimens that includes that live animal; (ia) the proposed export would be an inter zoological gardens transfer; (ii) in the case of a live native Australian animal, the proposed export would be an export of a household pet in accordance with section 16; or (iii) in the case of a live animal, other than a live native Australian animal, the proposed export would be an export of a household pet in accordance with section 16A; (c) where the specimen is a live native Australian animal of a species included in the sub-phylum VERTEBRATA, that the proposed export: (i) would be an inter zoological gardens transfer; (ii) is for the purposes of prescribed scientific research; or (iii) would be an export of a household pet in accordance with section 16; (d) where the specimen is an animal specimen, other than a live native Australian animal of a species included in the sub-phylum VERTEBRATA, that: (i) the proposed export would be an inter zoological gardens transfer; (ii) the proposed export is for the purposes of prescribed scientific research; (iii) the specimen is, or is derived from, a live animal that was bred in captivity; (iv) in the case of a specimen that is, or is derived from, a native Australian animal, the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or (v) in the case of a specimen that is, or is derived from, a native Australian animal, the specimen is, or is derived from, a controlled specimen; and (e) where the specimen is a plant specimen, that: (i) the proposed export is for the purposes of prescribed scientific research; (ii) the specimen is, or is derived from, a live plant that was artificially propagated; (iii) the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or (iv) the specimen is, or is derived from, a plant specimen that is a controlled specimen. SECT 30 30 Requirements for permits to export-- SCHEDULE 3 Subject to section 32, the Minister shall not grant a permit to export a specimen specified in Part I of Schedule 3 unless it appears to the Minister, after consultation with the Designated Authority, that there are exceptional circumstances justifying the grant of the permit and the Minister is satisfied: (a) in the case of an animal specimen, that the proposed export: (i) would be an inter zoological gardens transfer; or (ii) is for the purposes of prescribed scientific research; or (b) in the case of a plant specimen, that the proposed export is for the purposes of prescribed scientific research. SECT 31 31 Requirements for permits to export--native Australian animals and plants Subject to section 32, the Minister shall not grant a permit to export a specimen that is, or is derived from, a native Australian animal or a native Australian plant, being a specimen that is not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the Minister is satisfied: (a) where the specimen is a live animal, that the proposed export: (i) would be an inter zoological gardens transfer; (ii) is for the purposes of prescribed scientific research; or (iii) would be an export of a household pet in accordance with section 16; (b) where the specimen is, or is derived from, a fish or from an animal of a species which is not included in the sub-phylum VERTEBRATA, that: (i) the specimen is, or is derived from, a live animal that was bred in captivity; (ii) the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or (iii) the specimen is, or is derived from, an animal specimen that is a controlled specimen; (c) where the specimen is an animal specimen, other than a live animal, that: (i) the proposed export would be an inter zoological gardens transfer; (ii) the proposed export is for the purposes of prescribed scientific research; (iii) the specimen is derived from a live animal that was bred in captivity; (iv) the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or (v) the specimen is, or is derived from, an animal specimen that is a controlled specimen; or (d) where the specimen is a plant specimen, that: (i) the proposed export is for the purposes of prescribed scientific research; (ii) the specimen is, or is derived from, a live plant that was artificially propagated; (iii) the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or (iv) the specimen is, or is derived from, a plant specimen that is a controlled specimen. SECT 32 32 Permits to re-export (1) Sections 28, 29, 30 and 31 do not apply in relation to a permit to export from Australia or an external Territory a specimen, other than a live animal, that has been imported into Australia or that Territory, as the case may be. (2) The Minister shall not grant a permit to export from Australia a specimen that has been imported into Australia, unless the Minister is satisfied: (a) that: (i) in the case of a specimen that was imported before the commencement of this Act, the specimen was not imported in contravention of: (A) the Customs (Endangered Species) Regulations; or (B) the Customs (Prohibited Imports) Regulations; or (ii) in the case of a specimen that was imported after the commencement of this Act, the specimen was not imported in contravention of this Act; and (b) that, in the case of a specimen specified in Part I of Schedule 1 or Part I of Schedule 3: (i) the country to which the specimen is proposed to be exported has a relevant authority; and (ii) permission to import that specimen into that country has been given by a relevant authority of that country. (3) The Minister shall not grant a permit to export from an external Territory a specimen that has been imported into that Territory, unless the Minister is satisfied: (a) that: (i) in the case of a specimen that was imported before the commencement of this Act, the specimen was not imported in contravention of a law of that Territory relating to the import of specimens that was designed to comply with the obligations of Australia under the Convention; or (ii) in the case of a specimen that was imported after the commencement of this Act, the specimen was not imported in contravention of this Act; and (b) that, in the case of a specimen specified in Part I of Schedule 1 or Part I of Schedule 3: (i) the country to which the specimen is proposed to be exported has a relevant authority; and (ii) permission to import that specimen into that country has been given by a relevant authority of that country. Division 4-Requirements for permits to import specimens SECT 33 33 Permits to import not to be granted if detrimental to survival of kind of animals or plants The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3 unless the Minister is satisfied that the import of the specimen will not be detrimental to, or contribute to trade that is detrimental to, the survival of: (a) any species or sub-species; or (b) any population specified in Schedule 1, 2 or 3. SECT 34 34 Requirements for permits to import live animals and live plants The Minister shall not grant a permit to import a live animal or a live plant unless the Minister is satisfied that: (a) the proposed recipient of the animal or plant: (i) is equipped to confine, and will confine, the animal or plant; and (ii) is equipped to provide, and will provide, suitable care for the animal or plant; and (b) the animal or plant will be prepared and shipped so that the risk of: (i) injury to the animal or plant; (ii) adverse effect on the health of the animal or plant; and (iii) in the case of an animal—cruel treatment of the animal; is minimized. SECT 35 35 Requirements for permits to import certain live animals and live plants (1) The Minister shall not grant a permit to import a live animal, including a live animal that is a specimen specified in Part I of Schedule 1, Part I of Schedule 2, Part I of Schedule 2A or Part I of Schedule 3, unless the Minister is satisfied: (a) that: (i) the proposed recipient is an approved institution in relation to a class of specimens that includes that live animal; or (ii) the proposed import would be an inter zoological gardens transfer; and (b) that, if the live animal were imported, it would not be kept, or dealt with, in contravention of any law of the Commonwealth, of a State or of a Territory. (2) The Minister shall not grant a permit to import a live plant that is not specified in Schedule 5 or 6 unless the Minister is satisfied that the proposed recipient is an approved institution in relation to a class of specimens that includes that live plant. (3) The Minister shall not grant a permit to import a live plant, including a live plant that is a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, unless the Minister is satisfied that, if the live plant were imported, it would not be kept, or dealt with, in contravention of any law of the Commonwealth, of a State or of a Territory. SECT 36 36 Requirements for permits to import-- SCHEDULE 1 (1) Subject to subsection (2), the Minister shall not grant a permit to import a specimen specified in Part I of Schedule 1 unless the Minister is satisfied: (a) where the import is not by way of introduction from the sea, that: (i) the country from which the specimen is proposed to be imported has a relevant authority; and (ii) permission to export that specimen from that country has been given by a relevant authority of that country; (b) where the specimen is a live animal, that: (i) the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or (ii) the proposed import would be an inter zoological gardens transfer; (c) where the specimen is an animal specimen, that: (i) the proposed import would be an inter zoological gardens transfer; or (ii) the proposed import is for the purposes of prescribed scientific research; or (iii) the specimen is, or is derived from, a live animal that was bred in captivity; and (d) where the specimen is a plant specimen, that: (i) the proposed import is for the purposes of prescribed scientific research; or (ii) the specimen is, or is derived from, a live plant that was artificially propagated. (2) The Minister may grant a permit to import a specimen specified in Part I of Schedule 1, other than a live animal, if the Minister is satisfied that: (a) the country from which the specimen is proposed to be imported has a relevant authority; (b) a relevant authority of that country has issued a certificate under paragraph 2 of Article VII of the Convention in respect of the specimen; and (c) the specimen is not an object of trade. SECT 37 37 Requirements for permits to import-- SCHEDULE 2 (1) Subject to subsections (2) and (3), the Minister shall not grant a permit to import a specimen specified in Part I of Schedule 2 unless the Minister is satisfied: (a) where the import is not by way of introduction from the sea, that: (i) the country from which the specimen is proposed to be imported has a relevant authority; and (ii) permission to export that specimen from that country has been given by a relevant authority of that country; (b) where the specimen is a live animal, that: (i) the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or (ii) the proposed import would be an inter zoological gardens transfer; (c) where the specimen is an animal specimen, that: (i) the proposed import would be an inter zoological gardens transfer; (ii) the proposed import is for the purposes of prescribed scientific research; (iii) the specimen is, or is derived from, a live animal that was bred in captivity; (iv) the specimen is, or is derived from, an animal specimen that was taken in accordance with an approved management program; or (v) the specimen is, or is derived from, an animal specimen that is a controlled specimen; and (d) where the specimen is a plant specimen, that: (i) the proposed import is for the purposes of prescribed scientific research; (ii) the specimen is, or is derived from, a live plant that was artificially propagated; (iii) the specimen is, or is derived from, a plant specimen that was taken in accordance with an approved management program; or (iv) the specimen is, or is derived from, a plant specimen, that is a controlled specimen. (2) The Minister may grant a permit to import a specimen specified in Part I of Schedule 2, other than a live animal, if the Minister is satisfied that: (a) the country from which the specimen is proposed to be imported has a relevant authority; (b) a relevant authority of the country from which the specimen is proposed to be imported has issued a certificate under paragraph 2 of Article VII of the Convention in respect of the specimen; and (c) the specimen is not an object of trade. (3) The Minister may grant a permit to import a specimen specified in Part I of Schedule 2, other than a live animal, if the Minister is satisfied that: (a) the country from which the specimen is proposed to be imported has a relevant authority; and (b) permission to export that specimen from that country has been given by a relevant authority of that country; and (c) the specimen is not an object of trade. SECT 38 38 Requirements for permits to import-- SCHEDULE 3 The Minister shall not grant a permit to import a specimen specified in Part I of Schedule 3 unless it appears to the Minister, after consultation with the Designated Authority, that there are exceptional circumstances justifying the grant of the permit and the Minister is satisfied: (a) in the case of an animal specimen, that: (i) the proposed import would be an inter zoological gardens transfer; (ii) the proposed import is for the purposes of prescribed scientific research; or (iii) the specimen is, or is derived from, a live animal that was bred in captivity; or (b) in the case of a plant specimen, that: (i) the proposed import is for the purposes of prescribed scientific research; or (ii) the specimen is, or is derived from, a live plant that was artificially propagated. SECT 38A 38A Requirements for permits to import-- SCHEDULE 2A The Minister must not grant a permit to import a specimen specified in Part I of Schedule 2A unless the Minister is satisfied: (a) in a case where the import is not by way of introduction from the sea and the country from which the specimen is imported is specified in a column of Part II or III of that Schedule opposite the name of the species to which the specimen belongs—that: (i) the country from which the specimen is proposed to be imported has a relevant authority; and (ii) permission to export that specimen from that country has been given by a relevant authority of that country; and (b) in a case where the import is not by way of introduction from the sea and the country from which the specimen is imported is not specified in a column of Part II or III of that Schedule opposite the name of the species to which the specimen belongs—that the proposed sender holds a certificate of origin, or an equivalent document or notation, in relation to the specimen; and (c) in a case where the specimen is a live animal—that: (i) the proposed sender is an approved institution in relation to a class of specimens that includes that live animal; or (ii) the proposed import would be an inter zoological gardens transfer. Division 5-Authorities to export or to import specimens SECT 39 39 Application for authority Subsections 23(4) and (5) and 24(2) and (3) apply in relation to an application for an authority under this Division in like manner as they apply in relation to an application for a permit under section 23 and, for the purposes of those subsections as so applying, the references in those subsections to a permit shall be read as references to an authority. SECT 40 40 Register of scientific organizations (1) The Designated Authority shall maintain a register containing a list of the names of scientific organizations that are registered scientific institutions for the purposes of section 41. (2) The register maintained under subsection (1) shall set out opposite to the name of a scientific organization entered in the register: (a) the address of that organization; (b) the date on which the name of the organization was entered in the register; and (c) such other particulars as the Designated Authority considers appropriate. (3) Subject to any regulations referred to in subsection (4), the Designated Authority may, in the Designated Authority's discretion, enter in the register maintained under subsection (1) the name of a scientific organization in Australia, in an external Territory or in another country. (4) The regulation: (a) may provide that the Designated Authority shall not enter the name of a scientific organization in the register maintained under subsection (1) unless the Designated Authority is satisfied of certain matters in relation to the organization; (b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will enter the name of a scientific organization in that register; or (c) may provide that the name of a scientific organization may be entered in that register if the name of the organization is set out in, or in a specified part of, the latest edition of a publication specified in the regulations. (5) A scientific organization in Australia, in an external territory or in another country may apply to the Designated Authority to have its name entered in the register maintained under subsection (1). (6) An application under subsection (5) shall be made in accordance with the prescribed form or, if no form is prescribed, a form approved by the Designated Authority. (7) Subject to any regulations referred to in subsection (8), the Designated Authority may, in the Designated Authority's discretion, remove the name of a scientific organization from the register maintained under subsection (1). (8) The regulations: (a) may provide that the Designated Authority shall not remove the name of a scientific organization from the register maintained under subsection (1) unless the Designated Authority is satisfied of certain matters in relation to the organization; (b) may prescribe matters that are to be taken into account by the Designated Authority when determining whether the Designated Authority will remove the name of a scientific organization from that register; or (c) may provide that the name of a scientific organization may be removed from that register if the name of the organization ceases to be set out in, or in a specified part of, the latest edition of a publication specified in the regulations. SECT 41 41 Authority to export or import scientific specimens (1) In this section: prescribed specimen means a specimen other than a live animal. registered scientific institution means a scientific organization the name of which is entered in the register maintained under subsection 40(1). (2) A registered scientific institution may make an application, in writing, to the Minister for an authority under this section to: (a) export prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21, in pursuance of: (i) arrangements for the non-commercial loan of prescribed specimens by the registered scientific institution to other registered scientific institutions; (ii) arrangements for the donation of prescribed specimens by the registered scientific institution to other registered scientific institutions; or (iii) arrangements for the exchange of prescibed specimens between the registered scientific institution and other registered scientific institutions; being arrangements for the purposes of scientific research; (b) import prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22, in pursuance of: (i) arrangements for the non-commercial loan of prescribed specimens to the registered scientific institution by other registered scientific institutions; (ii) arrangements for the donation of prescribed specimens to the registered scientific institution by other registered scientific institutions; or (iii) arrangements for the exchange of prescribed specimens between the registered scientific institution and other registered scientific institutions; being arrangements for the purposes of scientific research; (c) re-import prescribed specimens exported in pursuance of arrangements referred to in subparagraph (a)(i); and (d) re-export prescribed specimens imported in pursuance of arrangements referred to in subparagraph (b)(i). (3) Subject to subsection (4), the Minister shall give an authority under this section to a registered scientific institution that has made an application for the authority under subsection (2). (4) The Minister shall not give an authority under this section unless the Minister is satisfied that: (a) the recipient of any live plant that is not specified in Schedule 5 or 6 imported by virtue of the authority will be an approved institution in relation to a class of specimens that includes that live plant; and (b) specimens exported or imported by virtue of the authority will be exported or imported in pursuance of arrangements specified in paragraph (2)(a) or (2)(b). (5) An authority under this section: (a) shall be in writing; (b) comes into force on the date on which it is given; and (c) subject to section 46, remains in force while the scientific organization to which the authority was given remains a registered scientific institution. (6) An authority under this section to export or to import specimens shall set out particulars of a kind of label to be borne by the containers in which the specimens are to be exported or imported, as the case may be, and the authority shall be taken to be only an authority to export or to import the specimens, as the case may be, while they are in containers that bear labels of that kind. (7) Subject to subsection (8), where a registered scientific institution that holds an authority under this section wishes to foster scientific research by an individual, that institution may, by instrument in writing, declare that individual to be an affiliate of that institution and, while the declaration is in force: (a) arrangements for the loan of prescribed specimens by or to that individual shall, for the purposes of this section, be taken to be arrangements for the loan of prescribed specimens by or to, as the case may be, that institution; (b) arrangements for the donation of prescribed specimens by or to that individual shall, for the purposes of this section, be taken to be arrangements for the donation of prescribed specimens by or to, as the case may be, that institution; (c) arrangements for the exchange of prescribed specimens between that individual and another registered scientific institution shall, for the purposes of this section, be taken to be arrangements for the exchange of prescribed specimens between the first-mentioned institution and that other institution; and (d) arrangements for the exchange of prescribed specimens between that individual and another individual in respect of whom another declaration under this subsection is in force shall, for the purposes of this section, be taken to be arrangements for the exchange of prescribed specimens between the first mentioned institution and the registered scientific institution that made that other declaration. (8) A registered scientific institution shall not make a declaration under subsection (7) in relation to an individual without the consent in writing of the Designated Authority and shall revoke such a declaration if requested by the Designated Authority in writing to do so. SECT 42 42 Authority to export or import artificially propagated plants (1) A person may make an application to the Minister for: (a) an authority under this section to export artificially propagated plants that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3; (b) an authority under this section to export artificially propagated native Australian plants that are specimens not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or (c) an authority under this section to import artificially propagated plants that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3. (2) An application under subsection (1) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister. (3) Subject to subsections (4) and (5), the Minister may, in the Minister's discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under subsection (1). (4) The Minister shall not give an authority under subsection (3) to export or to import plants unless the Minister is satisfied that plants that would be exported or imported by virtue of the authority will have been artificially propagated. (5) The Minister shall not give an authority under subsection (3) to import live plants that are not specified in Schedule 5 or 6 unless the Minister is satisfied that the recipient of any live plant imported in accordance with the authority will be an approved institution in relation to a class of specimens that includes that live plant. (6) An authority under this section: (a) shall be in writing; (b) comes into force on the date on which it is given; and (c) subject to section 46, remains in force for a period of 12 months commencing on the date on which it is given or, if a lesser period is specified in the authority, that lesser period. (7) A person who has been given an authority under this section shall: (a) as soon as practicable after the end of each period specified for the purposes of this paragraph in the authority, give the Designated Authority particulars of any exports or imports made by virtue of the authority during that period; and (b) comply, as soon as practicable, with any request by the Designated Authority for information relating to plants exported or imported by virtue of the authority. SECT 42A 42A Authority to export certain specimens (1) In this section, prescribed class means a class of specimens the description of which is entered in the register maintained under subsection (3). (2) The Minister may, on the recommendation of the Designated Authority, give the Designated Authority notice, in writing, that a class of specimens described in the notice, not being a class of: (a) specimens specified in Part I of Schedule 1; (b) specimens specified in Part I of Schedule 2 that are not, or are not derived from, live plants that were artificially propagated; (c) specimens specified in Part I of Schedule 3; or (d) specimens that are live native Australian animals of a species included in the sub phylum VERTEBRATA, other than fish; is to be a prescribed class for the purposes of this section. (3) The Designated Authority shall maintain a register containing a description of each class of specimens described in a notice which has been given to the Designated Authority under subsection (2). (4) A person may make an application to the Minister for an authority under this section to export specimens included in a specified prescribed class. (5) An application under subsection (4) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister. (6) Subject to subsection (7), the Minister may, in the discretion of the Minister, give or refuse to give, an authority under this section to export specimens included in a particular prescribed class to a person who has made an application for the authority under subsection (4). (7) The Minister shall not give an authority under subsection (6) to export specimens unless the Minister is satisfied that the specimens that would be exported by virtue of the authority would be: (a) in the case of animal specimens: (i) specimens that are, or are derived from, live animals that were bred in captivity; (ii) specimens that are, or are derived from, animal specimens that were taken in accordance with an approved management program; or (iii) specimens that are, or are derived from, animal specimens that are controlled specimens; or (b) in the case of plant specimens: (i) specimens that are, or are derived from, live plants that were artificially propagated; (ii) specimens that are, or are derived from, plant specimens that were taken in accordance with an approved management program; or (iii) specimens that are, or are derived from, plant specimens that are controlled specimens. (8) An authority under this section: (a) shall be in writing; (b) comes into force on the day on which it is given; and (c) subject to section 46, remains in force for a period of 12 months commencing on the day on which it is given or, if a lesser period is specified in the authority, that lesser period. (9) A person who has been given an authority under this section shall, when the authority is produced to an officer of Customs or an inspector in accordance with subsection 45(1) in relation to the export of specimens to which the authority applies, give the officer or inspector, or cause the officer or inspector to be given, particulars in writing of those specimens in accordance with a form approved by the Designated Authority. SECT 42B 42B Authority to import certain specimens (1) In this section: prescribed class means a class of specimens the description of which is entered in the register maintained under subsection (3). prescribed research means scientific research the description of which is entered in the register maintained under subsection (5). (2) The Minister may, on the recommendation of the Designated Authority, give the Designated Authority notice, in writing, that a class of specimens described in the notice, not being a class of specimens in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, is to be a prescribed class for the purposes of this section. (3) The Designated Authority shall maintain a register containing a description of each class of specimens described in a notice which has been given to the Designated Authority under subsection (2). (4) The Minister may inform the Designated Authority, by notice in writing, that scientific research described in the notice is to be prescribed research for the purposes of this section. (5) The Designated Authority shall maintain a register containing descriptions of the scientific research notice of which has been given to the Designated Authority under subsection (4). (6) A person may make an application to the Minister for an authority under this section to import specimens included in a specified prescribed class. (7) An application under subsection (6) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister. (8) Subject to subsection (9), the Minister may, in the discretion of the Minister, give or refuse to give, an authority under this section to import specimens included in a particular prescribed class to a person who has made an application for the authority under subsection (6). (9) The Minister shall not give an authority under subsection (8) to import specimens unless the Minister is satisfied that: (a) the recipient of any specimens imported in accordance with the authority will be an approved institution in relation to a class of specimens that includes those specimens; and (b) the specimens will be used for the purpose of prescribed research. (10) An authority under this section: (a) shall be in writing; (b) comes into force on the day on which it is given; and (c) subject to section 46, remains in force for a period of 12 months commencing on the day on which it is given or, if a lesser period is specified in the authority, that lesser period. (11) Where a specimen to which an authority under this section applies is imported, the holder of the authority shall, within 7 days after the importation of the specimen, give the Designated Authority, or cause to be given to the Designated Authority, particulars in writing of that specimen. SECT 43 43 Authority to export or import for the purposes of travelling circuses etc. (1) In this section, exhibition includes a zoo or menagerie. (2) Where a person wishes to export a specimen, other than a live native Australian animal, the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21, from Australia or from an external Territory for the purpose of the use of the specimen in a circus or an exhibition that is proposed to be, or has been, temporarily taken out of Australia or that Territory, as the case may be, that person may make an application to the Minister for an authority under this section to export that specimen for that purpose. (3) Where a person wishes to import a specimen, other than a live native Australian animal, the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22, into Australia or into an external Territory for the purpose of the use of the specimen in a circus or an exhibition that is proposed to be, or has been, temporarily brought into Australia or that Territory, as the case may be, that person may make an application to the Minister for an authority under this section to import that specimen for that purpose. (4) An application under subsection (2) or (3) shall: (a) be in writing; (b) contain particulars of the specimen to which the application relates; and (c) contain particulars of the purpose of the export or import of the specimen, as the case requires. (5) Subject to subsection (6), the Minister may, in the Minister's discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under subsection (2) or (3). (6) The Minister shall not give an authority under this section to export or to import a specimen unless the Minister is satisfied: (a) that the specimen will be exported or imported, as the case may be, for the purpose specified in subsection (2) or (3), as the case may be; (b) where the specimen is a live animal or a live plant, that: (i) in the case of an authority to import—the proposed recipient of the animal or plant is equipped to confine, and will confine, the animal or plant; (ii) the proposed recipient of the animal or plant is equipped to provide, and will provide, suitable care for the animal or plant; and (iii) the animal or plant will be prepared and shipped (including prepared and shipped for the subsequent re-importation or re-exportation, as the case may be) so that the risk of: (A) injury to the animal or plant; (B) adverse effect on the health of the animal or plant; and (C) in the case of an animal—cruel treatment of the animal; is minimized; and (c) except in the case of an authority to import a specimen not referred to in paragraph 22(a), that: (i) the specimen: (A) in the case of an animal specimen—is, or is derived from, a live animal that was bred in captivity; or (B) in the case of a plant specimen—is, or is derived from, a live plant that was artificially propagated; or (ii) the specimen was acquired by the applicant: (A) where the specimen is of a species that was included in an Appendix to the Convention when the Convention entered into force—before the Convention entered into force; (B) where the specimen is of a species that was first included in an Appendix to the Convention after the Convention came into force and before the commencement of this Act—before the species was so included; (C) where a preceding provision of this subparagraph does not apply to the specimen and the specimen is of a kind to which section 21 or 22, as the case may be, applied on the commencement of this Act—before that commencement; or (D) in any other case—before section 21 or 22, as the case may be, commenced to apply to specimens of the kind of which the specimen is a kind. (7) An authority under this section shall be in writing in the prescribed form or, if no form is prescribed, a form approved by the Minister. (8) Without limiting the powers of the Minister under subsection 47(1), an authority under this section to export or to import a specimen is subject to the condition that the holder of the authority will not, without reasonable excuse, fail to re-import or re-export the specimen, as the case may be, before the authority expires. (9) An authority under this section: (a) comes into force on the date on which it is given; and (b) subject to section 46, remains in force for a period of 12 months commencing on the date on which it is given or, if another period is specified in the authority, that other period. (10) For the purposes of this Act: (a) an authority in force under this section to export a specimen from Australia or an external Territory is also an authority to re-import the specimen into Australia or that Territory, as the case may be, after its export in accordance with the authority; and (b) an authority in force under this section to import a specimen into Australia or an external Territory is also an authority to re-export that specimen from Australia or that Territory, as the case may be, after its import in accordance with the authority. SECT 43A 43A Authority for Designated Authority to export or import specimens (1) The Designated Authority may make an application, in writing, to the Minister for an authority under this section to export or import a specimen. (2) Subject to subsections (3) and (4), the Minister may give an authority under this section to the Designated Authority to export or import a specimen when the Designated Authority has made an application for the authority under subsection (1). (3) The Minister shall not give an authority under this section to export a specimen unless the Minister is satisfied: (a) that: (i) the recipient of the specimen will be a relevant authority of a country; and (ii) the specimen will be used by that relevant authority for the purpose of: (A) the identification of a specimen; or (B) education or training; or (b) that: (i) the specimen has been seized under this Act; and (ii) the specimen will be used to facilitate investigations outside Australia in relation to trade relating to wildlife. (4) The Minister shall not give an authority under this section to import a specimen unless the Minister is satisfied that: (a) the specimen will be used by the Designated Authority for the purposes of the identification of a specimen; (b) that: (i) the sender of the specimen will be a relevant authority of a country; and (ii) the specimen will be used for the purpose of education or training; (c) that the specimen was exported from Australia in contravention of this Act; or (d) that the specimen will be used to facilitate investigations in Australia in relation to trade relating to wildlife. (5) An authority under this section: (a) shall be in writing; (b) comes into force on the day on which it is given; and (c) subject to section 46, remains in force for a period of 12 months commencing on the day on which it is given or, if a lesser period is specified in the authority, that lesser period. SECT 44 44 Authority to export or import in exceptional circumstances (1) Where: (a) the Minister is considering an application by a person for a permit or an authority to export or to import a specimen; (b) under this Act, the Minister is precluded from granting that permit or giving that authority unless the Minister is satisfied in relation to a matter; and (c) even though the Minister is not satisfied in relation to that matter, the Minister is satisfied that: (i) the export or import of the specimen, as the case may be, would not be contrary to the object of this Act; and (ii) exceptional circumstances exist that justify the proposed export or import of the specimen; the Minister may, in the Minister's discretion, give public notice: (d) that the Minister is considering giving the person authority under this section to export or to import the specimen, as the case may be; (e) setting out the conditions (if any) that the Minister would impose in accordance with section 47 in respect of that authority; and (f) inviting interested persons to lodge with the Minister, not later than a date specified in the notice (not being a date earlier than 5 days after the last date of publication of the notice) and at a place specified in the notice, comments in writing on the desirability of the Minister giving that authority. (2) Where: (a) the Minister has given public notice under subsection (1) that the Minister is considering giving a person an authority under this section to export or to import a specimen; and (b) the Minister has considered, and discussed with the Designated Authority, any comments lodged in response to that notice; the Minister may, in the Minister's discretion, give, or refuse to give, an authority under this section to that person to export or to import the specimen, as the case may be. (3) An authority under this section: (a) shall be in writing; (b) comes into force on the date on which it is given; and (c) subject to section 46, remains in force for a period of 6 months commencing on the date on which it is given or, if a lesser period is specified in the authority, that lesser period. (4) In subsection (1), a reference to public notice is a reference to a notice published: (a) in the Gazette; (b) in each State and internal Territory in a newspaper circulating generally in that State or Territory; and (c) in each external Territory that the Minister considers appropriate (if any) in a newspaper circulating generally in that external Territory. Division 6-Permits and authorities SECT 45 45 Permit or authority to be produced (1) For the purposes of this Act, where the holder of a permit or an authority (other than an authority under section 41) to export a specimen exports that specimen, he or she shall not be taken to have exported that specimen in accordance with that permit or authority unless, before exporting the specimen, he or she: (a) produced the permit or authority, or caused the permit or authority to be produced, to: (i) where the export is from Australia—an officer of Customs; or (ii) where the export is from an external Territory—an inspector; doing duty in relation to the export of the specimen; or (b) received written notice from the Designated Authority authorising the export of the specimen without the production of the permit or authority. (1A) The Designated Authority must not give the notice referred to in paragraph (1)(b) unless he or she: (a) is satisfied that the production of the permit or authority is impracticable; and (b) endorses a copy of the permit or authority to show that the notice is being given; and (c) makes that copy available to an officer of Customs, or an inspector, doing duty in relation to the export of the specimen. (2) For the purposes of this Act, where the holder of a permit or an authority (other than an authority under section 41) to import a specimen imports that specimen, he or she shall not be taken to have imported that specimen in accordance with that permit or authority unless, before, or within a reasonable time after, importing the specimen, he or she produced the permit or authority, or caused the permit or authority to be produced, to: (a) where the import is into Australia—an officer of Customs; or (b) where the import is into an external Territory—an inspector; doing duty in relation to the import of the specimen. SECT 46 46 Revocation etc. of permits and authorities (1) The Minister may, at any time, by notice in writing served on the holder of a permit or an authority, vary or revoke the permit or authority where, after consultation with the Designated Authority, the Minister is satisfied that: (a) a provision of this Act relating to the permit or authority, or a condition imposed in respect of the permit or authority, has been contravened; or (b) it is necessary or expedient to do so for the furtherance of the object of this Act. (2) The Minister may, at any time, by notice in writing served on the holder of a permit or an authority, suspend the permit or authority where, after consultation with the Designated Authority, the Minister believes on reasonable grounds that: (a) a provision of this Act relating to the permit or authority, or a condition imposed in respect of the permit or authority, has been contravened; or (b) it is necessary or expedient to do so for the furtherance of the object of this Act. (3) A suspension of a permit or an authority may be of indefinite duration or for a period specified in the notice. (4) The suspension of a permit or an authority is not affected by any proceedings for an offence in relation to the permit or authority (including any appeal) or by the termination of any such proceedings. (5) During the period of suspension of a permit or an authority, the permit or authority has no force or effect, but the period of currency of the permit or authority continues to run. (6) The suspension of a permit or an authority does not prevent its revocation. (7) The variation, revocation or suspension of a permit or an authority takes effect when notice of the variation, revocation or suspension, as the case may be, is served on the holder of the permit or authority or on such later date (if any) as is specified in the notice. SECT 47 47 Conditions in respect of permits and authorities (1) The Minister may, when granting a permit or giving an authority or at any time while a permit or an authority is in force, impose conditions in respect of the permit or authority and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed. (2) A condition imposed in respect of a permit or an authority, or a revocation, suspension or variation, or a cancellation of a suspension, of such a condition, takes effect when notice of the condition or of the revocation, suspension or variation or of the cancellation of the suspension is served on the holder of the permit or authority or on such later date (if any) as is specified in the notice. SECT 47A 47A Export of live native Australian animals by way of inter zoological gardens transfer--special conditions in respect of permits or authorities When section applies (1) This section applies to a permit granted, or an authority given, to export a live native Australian animal by way of an inter zoological gardens transfer. Conditions relating to agreements (2) Without limiting the conditions that may be imposed under subsection 47(1) in respect of the permit or authority, a condition so imposed may: (a) require the exporter of the animal to enter into a specified kind of legally enforceable agreement about the treatment or disposal of the animal and any progeny of the animal; and (b) require the exporter of the animal to take reasonable steps to enforce the agreement. Duration of permit or authority (3) For the purposes of section 48, the permit or authority is taken to be in force: (a) throughout the life of the animal; and (b) throughout the life, or lives, of any progeny of the animal; or for such lesser period as the Designated Authority determines in writing. Meaning of progeny (4) In this section: progeny does not include animal reproductive material. SECT 48 48 Compliance with conditions of permit or authority The holder of a permit or an authority who intentionally contravenes a condition imposed under subsection 47(1) in respect of the permit or authority or, in the case of an authority under section 43, the condition to which the authority is subject under subsection 43(8), is guilty of an offence punishable, on conviction, by a fine not exceeding 120 penalty units. SECT 49 49 Applications to Minister to vary operation of permits or authorities (1) The holder of a permit or an authority may make application to the Minister for the revocation or variation of a condition imposed under subsection 47(1) in respect of the permit or authority. (2) The holder of a permit or an authority that is suspended may make application to the Minister for the cancellation of that suspension. (3) The Minister shall, within 60 days after the receipt of an application under subsection (1) or (2): (a) if, after consultation with the Designated Authority, the Minister is satisfied that the application should be granted: (i) revoke the condition; (ii) vary the condition in accordance with the application; or (iii) cancel the suspension of the permit or authority; as the case may be; or (b) if, after consultation with the Designated Authority, the Minister is not so satisfied—refuse to grant the application. SECT 50 50 Conditions relating to imported animals (1) Without limiting the powers of the Minister under subsection 47(1), a permit or an authority to import a live animal is subject to the condition that the holder of the permit or authority will not, without the approval in writing of the Designated Authority: (a) sell or otherwise dispose of that animal, or any progeny of that animal, to another person; (b) release that animal, or any progeny of that animal, from captivity; or (c) where that animal, or any progeny of that animal, dies—bury, cremate, sell or otherwise dispose of the body, or any part of the body, of the dead animal. (2) The Designated Authority shall not, for the purposes of subsection (1), approve of the sale or other disposal of a live animal to a person if the keeping of the animal by that person would be contrary to a law of a State or of a Territory. (3) Without limiting the generality of subsection (1), a person shall, for the purposes of that subsection, be taken to have released an animal from captivity if that animal has escaped from captivity and that person allowed the animal so to escape or failed to take all reasonable measures to prevent the animal from so escaping. (4) The holder of a permit or an authority who intentionally contravenes a condition to which the permit or authority is subject by virtue of this section is guilty of an offence punishable, on conviction, by a fine not exceeding 600 penalty units. SECT 51 51 Conditions relating to imported plants (1) Without limiting the powers of the Minister under subsection 47(1), a permit or an authority to import a live plant that is not specified in Schedule 5 or 6 is subject to the condition that the holder of the permit or authority will not, without the approval in writing of the Designated Authority: (a) sell or otherwise dispose of that plant, or any progeny of that plant, to another person; (b) plant or sow that plant, or any progeny of that plant, so that that plant or any progeny of that plant would be in, or could spread to, a place that is not under the control of the holder; or (c) where that plant, or any progeny of that plant, dies—bury, burn, sell or otherwise dispose of the plant or any part of the plant. (2) The Designated Authority shall not, for the purposes of subsection (1), approve of the sale or other disposal of a live plant to a person if the keeping of the plant by that person would be contrary to a law of a State or of a Territory. (3) Without limiting the generality of subsection (1), a person shall, for the purposes of that subsection, be taken to have planted or sown a plant if that plant was planted or sown (including sown without human intervention) and that person allowed the plant to be so planted or sown or failed to take all reasonable measures to prevent the plant from being so planted or sown. (4) The holder of a permit or an authority who intentionally contravenes a condition to which the permit or authority is subject by virtue of this section is guilty of an offence punishable, on conviction, by a fine not exceeding 600 penalty units. Division 6A--Marking of certain specimens for the purposes of identification SECT 51A 51A Object The object of this Division is: (a) to comply with Australia's obligations under: (i) the Convention on Biological Diversity; and (ii) the Convention (as defined by subsection 4(1)); and (b) otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries; by requiring the marking of certain live specimens for the purposes of identification. Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate: * promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and * prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and * develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations. SECT 51B 51B Specimens to which Division applies This Division applies to a live specimen belonging to a species specified in the regulations if: (a) the specimen has been imported in accordance with a permit or authority; or (b) the specimen is the progeny of a specimen referred to in paragraph (a). SECT 51C 51C Extended meaning of marking A reference in this Division to the marking of a specimen includes a reference to the following: (a) in the case of a live plant: (i) the marking or labelling of a container within which the plant is kept or in which the plant is growing; and (ii) the placement of a label or tag on the plant; (b) in the case of a live animal: (i) the implantation of a scannable device in the animal; and (ii) the placement of a band on any part of the animal; and (iii) the placement (whether by piercing or otherwise) of a tag or ring on any part of the animal; and (iv) the marking or labelling of a container within which the animal is kept. SECT 51D 51D Designated Authority may make determinations about marking of specimens Determinations (1) The Designated Authority may make a written determination about the marking of specified kinds of specimens for the purposes of identification. Matters that may be covered by determination (2) Without limiting subsection (1), a determination by the Designated Authority under that subsection may: (a) require specimens to be marked; and (b) deal with the manner in which specimens are to be marked; and (c) deal with the times at which marking is to occur; and (d) deal with the removal or destruction of marks; and (e) deal with the replacement or modification of marks; and (f) require that marking be carried out by persons approved in writing by the Designated Authority under that determination; and (g) deal with the circumstances in which marks may be, or are required to be, rendered useless; and (h) in the case of a mark that consists of a label, tag, band or device: (i) set out specifications relating to the label, tag, band or device; and (ii) require that any destruction or removal of the label, tag, band or device be carried out by a person approved in writing by the Designated Authority under that determination. Marking of animals not to involve undue pain etc. (3) In the case of a live animal, a determination under subsection (1) must not require marking that involves: (a) undue pain or distress to the animal; or (b) undue risk of the death of the animal. Marking of plants not to involve undue risk of death (4) In the case of a live plant, a determination under subsection (1) must not require marking that involves undue risk of the death of the plant. Disallowable instrument (5) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. SECT 51E 51E Offences Owner to ensure specimens marked etc. (1) If a determination under section 51D applies to a specimen, the owner of the specimen must comply with the determination. Person not to remove or interfere with mark etc. (2) If a specimen is marked in accordance with a determination under section 51D, a person must not: (a) remove the mark; or (b) interfere with the mark; or (c) render the mark unusable; except in accordance with a determination under that section. Offence (3) A person who intentionally or recklessly contravenes subsection (1) or (2) is guilty of an offence punishable on conviction by a fine not exceeding 120 penalty units. SECT 51F 51F Concurrent operation of State and Territory laws This Division is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Division. Division 7-Miscellaneous SECT 52 52 Matters published in Gazette (1) The Designated Authority must, from time to time, but not less frequently than every 12 months, prepare a document setting out particulars of: (a) permits granted or authorities given; and (b) refusals to grant permits or to give authorities; and (c) specimens exported or imported in accordance with permits or authorities. (1A) The Designated Authority must: (a) give a free copy of the document to any person who asks for a copy; and (b) make the document available for inspection at each office of the Designated Authority. (1B) As soon as practicable after the Designated Authority prepares a document under subsection (1), the Designated Authority must publish a notice in the Gazette: (a) stating that the document has been prepared; and (b) setting out the effect of subsection (1A). (2) Where, in accordance with subsection (1), particulars of permits granted, or of refusals to grant permits, are set out in a document, those particulars shall, unless all the permits, or, in the case of refusals, the relevant applications, relate to specimens specified in Part I of Schedule 3, be accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for the review of a decision of the Minister to grant, or refuse to grant, a permit, other than a permit to export, or a permit to import, a specimen specified in Part I of Schedule 3, by or on behalf of the person or persons whose interests are affected by the decision. (3) Where, in accordance with subsection (1), particulars of authorities given, or of refusals to give authorities, under section 42 or 43 are set out in a document, those particulars shall be accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for the review of a decision of the Minister to give, or refuse to give, an authority under section 42 or 43 by or on behalf of the person or persons whose interests are affected by the decision. SECT 53 53 Possession of illegally imported specimens (1A) The object of this section is: (a) to comply with Australia's obligations under: (i) the Convention on Biological Diversity; and (ii) the Convention (as defined by subsection 4(1)); and (b) otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries; by prohibiting the possession of illegally imported specimens and the progeny of such specimens. Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate: * promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and * prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and * develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations. (1) A person who: (a) without reasonable excuse (proof of which lies upon the person) has in his or her possession, whether on board any vessel or aircraft or otherwise, any specimen that has been imported in contravention of this Act or any progeny of such a specimen; or (b) without reasonable excuse (proof of which lies upon the person) has in his or her possession any specimen that he knows, or has reasonable grounds for suspecting, has been imported in contravention of this Act or any progeny of such a specimen; is guilty of an offence. Note: Because of the operation of subsection 4(2B), the import of a thing represented to be a Convention listed animal or plant (including an article, such as medicine, produced or derived from such an animal or plant) may have been in contravention of this Act. (2) On the prosecution of a person for an offence against subsection (1), being an offence to which paragraph (1)(a) applies, it is a defence if the person proves that he or she did not know, and had no reasonable grounds for knowing or suspecting, that the specimen had been imported in contravention of this Act. (3) On the prosecution of a person for an offence against subsection (1), being an offence to which paragraph (1)(b) applies, it is a defence if the person proves that the specimen was not imported in contravention of this Act. (4) Any defence for which provision is made under subsection (2) or (3) in relation to an offence does not limit any defence otherwise available to the person charged. (5) A person who is guilty of an offence against subsection (1) is punishable upon conviction by imprisonment for a term not exceeding 5 years. (6) This section does not prevent any person from being proceeded against for an offence against any other section of this Act, but the person is not liable to be punished twice in respect of any one offence. SECT 53A 53A Cruelty--import or export of animals (1) This section applies to: (a) a live animal specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or (b) a live native Australian animal; or (c) a live animal other than an animal specified in Part I of Schedule 5 or Part I of Schedule 6. (2) If: (a) a person exports an animal in a manner that subjects the animal to cruel treatment; and (b) the person knows that, or is reckless as to whether, the export subjects the animal to cruel treatment; and (c) the person intentionally or recklessly contravenes section 21 in relation to the export of the animal; the person is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years. (3) If: (a) a person imports an animal in a manner that subjects the animal to cruel treatment; and (b) the person knows that, or is reckless as to whether, the import subjects the animal to cruel treatment; and (c) the person intentionally or recklessly contravenes section 22 in relation to the import of the animal; the person is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years. SECT 53B 53B Imports of specimens contrary to the laws of a foreign country (1) A person must not intentionally import a specimen if the person knows that: (a) the specimen was exported from a foreign country; and (b) at the time the specimen was exported, the export of the specimen was prohibited by a law of the foreign country that corresponds to this Act. Penalty: Imprisonment for 5 years. (2) A prosecution must not be instituted for an offence against this section unless the relevant authority of the foreign country has requested: (a) the investigation of the offence; or (b) assistance in relation to a class of offences in which the offence is included. Part IIA--Regulation of the possession of classified exotic birds Division 1-Object SECT 57A 57A Object The object of this Part is: (a) to comply with Australia's obligations under: (i) the Convention on Biological Diversity; and (ii) the Convention (as defined by subsection 4(1)); and (b) otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries; by regulating the possession of certain exotic birds. Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate: * promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and * prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and * develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations. Division 2-Prohibition of the unregistered possession of classified exotic birds etc. SECT 57B 57B Unregistered possession of classified exotic birds Possession of classified exotic birds (1) Subject to this section, a person must not, after the end of the transitional period, intentionally possess a classified exotic bird if the person knows that, or is reckless as to whether, the bird is a classified exotic bird. Penalty: Imprisonment for 5 years. Possession in accordance with a registration certificate (2) Subsection (1) does not apply to the possession of a bird if the possession is in accordance with a registration certificate. Possession by veterinary practitioners (3) Subsection (1) does not apply to the possession by a person of a bird if: (a) the person is registered as a veterinary practitioner (however described) under a law of a State or Territory; and (b) the possession is of a kind specified in the regulations. This subsection does not, by implication, limit subsection (5). Possession notified to Designated Authority during transitional period (4) Subsection (1) does not apply to the possession by a person of a bird if all of the following conditions are satisfied: (a) the bird does not belong to a species specified in the regulations; (b) the possession is at a time during the period of 90 days beginning at the end of the transitional period; (c) the bird was in the possession of the person at any time during the transitional period; (d) the person notified the Designated Authority in writing of the possession referred to in paragraph (c) before the end of the transitional period. This subsection does not, by implication, limit subsection (5). Possession of a kind specified in the regulations (5) Subsection (1) does not apply to the possession of a bird if the possession is of a kind specified in the regulations. Definition (6) In this section: transitional period means the period ending 30 days after the commencement of this section. Note: Under section 57S, a partnership is treated as a person for the purposes of this Division. SECT 57C 57C Unlawful transfers of possession of classified exotic birds Offence (1) A person must not intentionally transfer to another person (the recipient) possession of a classified exotic bird if: (a) the person knows that, or is reckless as to whether, the bird is a classified exotic bird; and (b) the recipient's possession would contravene section 57B; and (c) the person knows that, or is negligent as to whether, the recipient's possession would contravene section 57B. Penalty: 120 penalty units. Negligence (2) For the purposes of this section, a person is taken to be negligent as to whether the recipient's possession would contravene section 57B if, and only if, the person's conduct involves: (a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and (b) such a high risk that the recipient's possession would contravene section 57B; that the conduct merits criminal punishment. Division 3-Registration certificates SECT 57D 57D Application for registration certificate A person may apply to the Designated Authority for a registration certificate authorising the applicant to possess birds belonging to one or more species of classified exotic bird specified in the application. Note: This means that the application does not have to identify individual birds—it only needs to specify the species. SECT 57E 57E Joint applications (1) 2 or more persons may make a joint application under section 57D. (2) If a joint application is made, then, unless the contrary intention appears, a reference in this Division to the applicant is a reference to the joint applicants. SECT 57F 57F Form of application etc. The application must be: (a) in writing; and (b) in accordance with the prescribed form or, if no form is prescribed, a form approved by the Minister. SECT 57G 57G Further information The Designated Authority may refuse to consider the application unless the applicant gives the Designated Authority such further information about the application as the Designated Authority requires. SECT 57H 57H Grant of registration certificate (1) After considering the application, the Designated Authority must grant a registration certificate in accordance with the application. (2) This section has effect subject to section 57J (which deals with refusals). SECT 57J 57J Refusal of registration certificate Designated Authority to refuse certificate if applicant disqualified (1) Except in special circumstances, the Designated Authority must refuse to grant a registration certificate to an applicant or to joint applicants if, at the time the application is made, the applicant, or any of the joint applicants, as the case requires, is: (a) a disqualified individual; or (b) a disqualified body corporate; or (c) a disqualified partnership. Note: Subsections (2), (3) and (4) define disqualified individual, disqualified body corporate and disqualified partnership respectively. Disqualified individual (2) For the purposes of this section, an individual is a disqualified individual at a particular time if the individual has been convicted of an offence against this Act during the 5-year period ending at that time. Disqualified body corporate (3) For the purposes of this section, a body corporate is a disqualified body corporate at a particular time if: (a) the body corporate has been convicted of an offence against this Act during the 5 year period ending at that time; or (b) at that time, any of the following individuals is a disqualified individual: (i) a director of the body corporate; (ii) the secretary of the body corporate; (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate. Disqualified partnership (4) For the purposes of this section, a partnership is a disqualified partnership at a particular time if, at that time: (a) in a case where a partner is an individual—the partner is a disqualified individual; or (b) in a case where a partner is a body corporate—the partner is a disqualified body corporate. Extended meaning of conviction—orders under section 19B of the Crimes Act 1914 (5) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence. Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction. Quashed convictions (6) A reference in this section to a conviction does not include a reference to a conviction that has been quashed. SECT 57K 57K Notification of refusal of application If the Designated Authority refuses an application, the Designated Authority must give written notice of the refusal to the applicant. SECT 57L 57L Duration of registration certificate When certificate comes into force (1) A registration certificate (the new certificate) comes, or is taken to have come, into force: (a) if: (i) the applicant for the new certificate already holds a registration certificate (the previous certificate); and (ii) the new certificate is granted by way of the renewal of the previous certificate; and (iii) the application for the new certificate was made at least 14 days before the expiry of the previous certificate; immediately after the expiry of the previous certificate; or (b) in any other case: (i) on the day on which the new certificate is granted; or (ii) if the new certificate is granted during the period ending 30 days after the commencement of this section—at the end of that period. Period for which certificate remains in force (2) A registration certificate remains in force for such period, not exceeding 12 months, as the Designated Authority determines. SECT 57M 57M Conditions of registration certificate (1) A registration certificate is subject to such conditions as are specified in the certificate. (2) The Designated Authority may, by written notice given to the holder or holders of a registration certificate: (a) impose one or more further conditions to which the certificate is subject; or (b) revoke or vary any condition: (i) imposed under paragraph (a); or (ii) specified in the certificate. (3) Without limiting the kinds of conditions to which a registration certificate may be subject, the conditions may relate to the following: (a) the maximum number of classified exotic birds of a particular species that may be in the possession of the holder or holders of the certificate in accordance with the certificate; (b) the keeping of records by the holder or holders of the certificate, where the records relate to classified exotic birds; (c) the giving of information to the Designated Authority by the holder or holders of the certificate, where the information relates to classified exotic birds; (d) if the registration certificate is held by a partnership—the giving of information to the Designated Authority about any change in the composition of the partnership; (e) the care of classified exotic birds. SECT 57N 57N Offence of contravening conditions The holder, or any of the holders, of a registration certificate must not intentionally contravene a condition of the certificate. Penalty: 120 penalty units. SECT 57P 57P Surrender of registration certificate The holder, or any of the holders, of a registration certificate may, at any time, surrender the certificate by: (a) returning the certificate to the Designated Authority; and (b) giving the Designated Authority written notice that the certificate is surrendered. SECT 57Q 57Q Cancellation of registration certificate (1) Except in special circumstances, the Designated Authority must cancel a registration certificate at a particular time if, at that time, the holder, or any of the holders, of the certificate is: (a) a disqualified individual (within the meaning of section 57J); or (b) a disqualified body corporate (within the meaning of section 57J); or (c) a disqualified partnership (within the meaning of section 57J). (2) Except in special circumstances, the Designated Authority must cancel a registration certificate if the holder, or any of the holders, of the certificate has contravened any of the conditions to which the certificate is subject. (3) If the Designated Authority cancels a registration certificate, the Designated Authority must give written notice of the cancellation to the holder or holders of the certificate. Division 4-Operation of State and Territory laws SECT 57R 57R Concurrent operation of State and Territory laws Divisions 2 and 3 are not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with those Divisions. Division 5-Partnerships SECT 57S 57S Treatment of partnerships Divisions 2 and 3 apply to a partnership as if the partnership were a person, but they apply with the following changes: (a) obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners; (b) any offence against those Divisions that would otherwise be committed by the partnership is taken to have been committed by each partner who: (i) aided, abetted, counselled or procured the relevant act or omission; or (ii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner). SECT 57T 57T Giving of documents to partnerships For the purposes of Divisions 2 and 3, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership. Division 6-Exotic Birds Committee Subdivision A--Establishment of Committee etc. SECT 57U 57U Exotic Birds Committee Committee (1) There is to be an Exotic Birds Committee. Composition of Committee (2) The Exotic Birds Committee consists of the following members: (a) a Chairperson; (b) at least 12 other members. Vacancy not to affect performance of functions etc. (3) The performance of the functions, or the exercise of the powers, of the Exotic Birds Committee is not affected only because of there being a vacancy or vacancies in the membership of the Committee. SECT 57V 57V Functions of Committee General functions (1) The functions of the Exotic Birds Committee are as follows: (a) when requested to do so by the Minister, to advise the Minister about a matter relating to the operation of the exotic birds provisions; (b) when requested to do so by the Minister, to review and report to the Minister about a matter relating to the operation of the exotic birds provisions; (c) when requested to do so by the Designated Authority, to advise the Designated Authority about a matter relating to the operation of the exotic birds provisions. Functions relating to birds notified under subsection 57B(4) (2) If: (a) the Designated Authority is notified of the possession of a bird under subsection 57B(4); and (b) the Designated Authority has not previously been given a notification under that subsection about a bird of the same species; the Designated Authority must request the Exotic Birds Committee to advise the Minister about whether or not birds of that species should be specified in Schedule 9. Definition (3) In this section: exotic birds provisions means the provisions of this Act and the regulations, to the extent to which they relate to classified exotic birds. SECT 57W 57W Appointment of members Appointment by Minister (1) A member of the Exotic Birds Committee is to be appointed by the Minister by written instrument. Qualifications of Chairperson of Committee (2) The Minister may only appoint a person as the Chairperson of the Exotic Birds Committee if: (a) in the opinion of the Minister, the person possesses qualifications and/or expertise relevant to the regulation of classified exotic birds; and (b) the person is not an employee of the Commonwealth or of an authority of the Commonwealth; and (c) the person does not hold a full-time office under a law of the Commonwealth. Qualifications of other members of Committee (3) The Minister must ensure that each of the other members of the Exotic Birds Committee possesses such qualifications, experience or expertise as the Minister thinks relevant to the performance of the Committee's functions. Majority of members not to be Commonwealth employees (4) The Minister must ensure that persons employed by the Commonwealth or authorities of the Commonwealth do not constitute a majority of the members of the Exotic Birds Committee. Majority of members not to represent any one body or group (5) The Minister must ensure that persons representing any one interest body or group do not constitute a majority of the members of the Exotic Birds Committee. Subdivision B--Administrative provisions SECT 57X 57X Period of appointment Term of office of Chairperson (1) The Chairperson of the Exotic Birds Committee holds office for such term as is specified in the instrument of appointment. The term must not exceed 3 years. Term of office of other members (2) The other members of the Exotic Birds Committee hold office at the pleasure of the Minister. SECT 57Y 57Y Basis on which members hold office A member of the Exotic Birds Committee holds office on a part-time basis. SECT 57Z 57Z Remuneration and allowances Remuneration to be determined by Remuneration Tribunal (1) A member of the Exotic Birds Committee is to be paid such remuneration as is determined by the Remuneration Tribunal. Remuneration to be prescribed if no determination in operation (2) If no determination of that remuneration is in operation, a member of the Exotic Birds Committee is to be paid such remuneration as is prescribed. Allowances (3) A member of the Exotic Birds Committee is to be paid such allowances as are prescribed. Section has effect subject to the Remuneration Tribunal Act 1973 (4) This section has effect subject to the Remuneration Tribunal Act 1973. SECT 57ZA 57ZA Leave of absence Leave for Chairperson (1) The Minister may, by writing, grant leave of absence to the Chairperson of the Exotic Birds Committee from a meeting of the Committee. Leave for other members (2) The Chairperson of the Exotic Birds Committee may, by writing, grant leave of absence to another member of the Committee from a meeting of the Committee. SECT 57ZB 57ZB Acting appointments Acting Chairperson (1) The Minister may appoint a member of the Exotic Birds Committee to act as the Chairperson of the Committee: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office; but a person appointed to act during the vacancy is not to continue so to act for more than 6 months. Acting member (2) The Minister may appoint a person to act as a member of the Exotic Birds Committee (other than as the Chairperson of the Committee): (a) during a vacancy in an office of member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when a member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office; but a person appointed to act during the vacancy is not to continue so to act for more than 6 months. Validation (3) Anything done by or in relation to a person purporting to act under this section is not invalid merely because: (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion to act had not arisen or had ceased. SECT 57ZC 57ZC Disclosure of interests Disclosure (1) A member of the Exotic Birds Committee who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Committee must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Committee. Participation (2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting of the Exotic Birds Committee and the member must not: (a) be present during any deliberation of the Committee in relation to that matter; or (b) take part in any decision of the Committee in relation to that matter. SECT 57ZD 57ZD Resignation A member of the Exotic Birds Committee may resign by writing signed by him or her and sent to the Minister. SECT 57ZE 57ZE Termination of appointment Misbehaviour or incapacity (1) The Minister may terminate the appointment of a member of the Exotic Birds Committee because of misbehaviour or physical or mental incapacity. Bankruptcy, conflict of interest etc. (2) If a member of the Exotic Birds Committee: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with his or her creditors; or (d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (e) fails, without reasonable excuse, to comply with his or her obligations under section 57ZC or 57ZJ; the Minister must terminate the appointment of the member. Unauthorised absence (3) If a member of the Exotic Birds Committee is absent, except on leave granted under section 57ZA, from 3 consecutive meetings of the Committee, the Minister must terminate the appointment of the member. Unsatisfactory performance of individual member (4) The Minister may terminate the appointment of a member of the Exotic Birds Committee if the Minister is of the opinion that the performance of the member has been unsatisfactory for a significant period of time. SECT 57ZF 57ZF Other terms and conditions A member of the Exotic Birds Committee holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice published in the Gazette. Subdivision C--Operations of the Exotic Birds Committee SECT 57ZG 57ZG Meetings of the Exotic Birds Committee Chairperson may convene meetings (1) The Chairperson of the Exotic Birds Committee may convene a meeting of the Committee at any time. When Chairperson must convene meeting (2) The Chairperson of the Exotic Birds Committee must convene a meeting of the Committee: (a) at least once in each financial year; or (b) whenever the greater of: (i) 9 other members of the Committee; or (ii) the number of members that constitutes a majority of the members for the time being holding office; request in writing that a meeting be held. Minister may convene meeting (3) The Minister may convene a meeting of the Exotic Birds Committee at any time. Quorum (4) At a meeting of the Exotic Birds Committee, a quorum is constituted by the greater of: (a) 9 members; or (b) the number of members that constitutes a majority of the members for the time being holding office. Quorum if member excluded under section 57ZC (5) If: (a) a member of the Exotic Birds Committee who is present at a meeting is required by section 57ZC not to be present during the deliberations, or to take part in any decision, of the Committee with respect to a particular matter; and (b) when the member leaves the meeting, there is no longer a quorum present; the members remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter. Chairperson to preside at meetings (6) The Chairperson of the Exotic Birds Committee is to preside at all meetings of the Committee at which he or she is present. Arrangements if Chairperson is not present at a meeting (7) If the Chairperson of the Exotic Birds Committee is not present at a meeting of the Committee, the Committee members present must elect one of their number to preside at the meeting. Voting (8) Questions arising at a meeting of the Exotic Birds Committee are to be determined by a majority of the votes of the Committee members present and voting. Vote of person presiding (9) The person presiding at a meeting of the Exotic Birds Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote. Proceedings and minutes (10) The Exotic Birds Committee: (a) may regulate the conduct of proceedings at its meetings as it thinks fit; and (b) must cause minutes of those proceedings to be kept. Note: Section 33B of the Acts Interpretation Act 1901 provides for the participation in a meeting by telephone etc. SECT 57ZH 57ZH Resolutions without meetings Agreement with resolution (1) A resolution is taken to have been passed at a meeting of the Exotic Birds Committee if, without meeting, a sufficient number of Committee members indicate agreement with a resolution in accordance with a method determined by the Committee under subsection (2). Note: Sufficient number of Committee members is defined by subsection (3). Determinations (2) Subsection (1) applies only if the Exotic Birds Committee: (a) determines that it applies; and (b) determines the method by which Committee members are to indicate agreement with a resolution. Sufficient number of Committee members (3) In this section: sufficient number of Committee members, in relation to a resolution, means a majority of the number of members of the Exotic Birds Committee who would have been entitled to vote on the resolution at a meeting of the Committee if they had been present at the meeting. Subdivision D--Other committees SECT 57ZI 57ZI Committees established by the Exotic Birds Committee Other committees (1) The Exotic Birds Committee may establish such other committees as it considers necessary to assist it in the performance of its functions. Other committee to include at least one member of Exotic Birds Committee (2) A committee established under subsection (1) must include at least one member of the Exotic Birds Committee. Exotic Birds Committee may determine procedures etc. (3) The Exotic Birds Committee may determine, in relation to a committee established under subsection (1): (a) the manner in which the committee is to perform its functions; and (b) the procedure to be followed at or in relation to meetings of the committee, including matters with respect to: (i) the convening of meetings of the committee; and (ii) the number of members of the committee that constitutes a quorum; and (iii) the selection of a member of the committee to preside at meetings of the committee at which the chairperson of the committee is not present; and (iv) the manner in which questions arising at a meeting of the committee are to be decided. Minutes (4) A committee established under subsection (1) is to keep minutes of its proceedings. SECT 57ZJ 57ZJ Disclosure of interests Disclosure (1) A member of a committee established under section 57ZI who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the committee must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the committee. Participation (2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting and the member must not: (a) be present during any deliberation of the committee in relation to that matter; or (b) take part in any decision of the committee in relation to that matter. SECT 57ZK 57ZK Committee established by Exotic Birds Committee--member's appointment to be terminated for non-disclosure of interests When section applies (1) This section applies to a member of a committee established under section 57ZI. Appointment of member to be terminated for non-disclosure of interests (2) The Exotic Birds Committee must terminate the appointment of the member if the member fails, without reasonable excuse, to comply with section 57ZJ. Power of termination not limited (3) Subsection (2) does not, by implication, limit the Exotic Birds Committee's power to terminate the appointment of the member. Division 7-Monitoring of compliance SECT 57ZL 57ZL Monitoring powers For the purposes of this Division, each of the following powers is a monitoring power in relation to particular premises: (a) the power to search the premises; (b) the power to take photographs (including a video recording), or to make sketches, of the premises or of any substance or thing at the premises; (c) the power to inspect, examine and take samples of, any substance or thing on or in the premises; (d) the power to take extracts from, or make copies of, any document, book or record on the premises; (e) the power to take onto the premises any equipment or material reasonably necessary for the purpose of exercising a power referred to in paragraph (a), (b), (c) or (d). SECT 57ZM 57ZM Monitoring searches--occupier gives consent Entry by consent (1) An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of finding out whether any or all of sections 57B, 57C and 57N are being complied with. Entry for monitoring purposes (2) An inspector may only enter premises under subsection (1) to the extent that it is reasonably necessary for the purpose of finding out whether any or all of sections 57B, 57C and 57N are being complied with. Exercise of monitoring powers (3) If an inspector enters premises under subsection (1), the inspector may exercise monitoring powers in relation to those premises. Exercise of seizure powers (4) If an inspector enters premises under subsection (1), the inspector may exercise powers of seizure conferred on the inspector by section 69B or 69M. Right to refuse to give consent (5) Before obtaining the consent of a person for the purposes of this section, an inspector must tell the person that the person may refuse to give consent. Consent must be voluntary (6) An entry by an inspector in consequence of the consent of a person is not lawful unless the person voluntarily consented to the entry. Production of identity card etc. (7) An inspector is not entitled to: (a) enter premises under subsection (1); or (b) exercise any powers referred to in subsection (3) or (4) in relation to premises; if the occupier of the premises has required the inspector to produce written identification for inspection by the occupier and: (c) if the inspector is a member of a police force—the inspector fails to produce, for inspection by the occupier, written evidence of the fact that the inspector is a member of that police force; or (d) if the inspector is an officer of Customs—the inspector fails to produce, for inspection by the occupier, written evidence of the fact that the inspector is an officer of Customs; or (e) if the inspector is neither a member of a police force nor an officer of Customs— the inspector fails to produce the inspector's identity card for inspection by the occupier. SECT 57ZN 57ZN Monitoring warrants Application for monitoring warrant (1) An inspector may apply to a Magistrate for a warrant under this section in relation to particular premises. The warrant is to be known as a monitoring warrant. Issue of monitoring warrant (2) Subject to subsection (3), the Magistrate may issue the monitoring warrant if he or she is satisfied, by information on oath or affirmation, that it is reasonably necessary that the inspector should have access to the premises for the purpose of finding out whether any or all of sections 57B, 57C and 57N are being complied with. Information about grounds for issue of monitoring warrant (3) The Magistrate must not issue the monitoring warrant unless the inspector or another person has given the Magistrate, either orally (on oath or affirmation) or by affidavit, such further information as the Magistrate requires about the grounds on which the issue of the monitoring warrant is being sought. Terms of warrant (4) The monitoring warrant must: (a) authorise an inspector named in the monitoring warrant, with such assistance and by such force as is necessary and reasonable, from time to time while the monitoring warrant remains in force, to enter the premises and exercise monitoring powers; and (b) state whether an entry under the monitoring warrant is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than 6 months after the issue of the monitoring warrant) on which the monitoring warrant ceases to have effect; and (d) state the purpose for which the monitoring warrant is issued. Seizure powers (5) If an inspector enters premises under a monitoring warrant, the inspector may exercise powers of seizure conferred on the inspector by section 69B or 69M. SECT 57ZO 57ZO Details of monitoring warrant to be given to occupier etc. (1) If a monitoring warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector named in the monitoring warrant must make available to that person a copy of the monitoring warrant. Note: Monitoring warrant is defined by subsection 57ZN(1). (2) The inspector named in the monitoring warrant must identify himself or herself to that person at the premises. (3) The copy of the monitoring warrant referred to in subsection (1) need not include the signature of the Magistrate or the seal of the relevant court. SECT 57ZP 57ZP Occupier entitled to be present during search (1) If a monitoring warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part 1C of the Crimes Act 1914, entitled to observe the search being conducted. Note: Monitoring warrant is defined by subsection 57ZN(1). (2) The right to observe the search being conducted ceases if the person impedes the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. SECT 57ZQ 57ZQ Announcement before entry (1) The inspector named in a monitoring warrant must, before any person enters premises under the monitoring warrant: (a) announce that he or she is authorised to enter the premises; and (b) give any person at the premises an opportunity to allow entry to the premises. Note: Monitoring warrant is defined by subsection 57ZN(1). (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure: (a) the safety of a person (including an inspector); or (b) that the effective execution of the monitoring warrant is not frustrated. Part III--Enforcement Division 1-Inspectors SECT 58 58 Appointment of inspectors (1) The Minister may, by instrument in writing, appoint a person as an inspector. (2) The Minister may make a written determination that a specified person, or a person included in a specified class of persons, does not have such of the powers conferred on an inspector by this Act as are specified in the determination. The determination has effect accordingly. (3) If the Minister makes a determination under subsection (2) about a named individual, the Minister must give the individual a copy of the determination. SECT 59 59 Inspectors ex officio By force of this section: (a) any officer of Customs; (b) any member of the Australian Federal Police; and (c) any member of the police force of an external Territory; is an inspector. SECT 60 60 Arrangements for State and Territory officers to be inspectors (1) The Minister may enter into an arrangement with the appropriate Minister of the Crown of a State for: (a) officers or employees of the Public Service of the State or of an authority of the State (including a local government body); or (b) members of the police force of the State; to be inspectors, and that arrangement has effect accordingly. (2) The Minister may enter into an arrangement with the appropriate person holding an office referred to in section 34 of the Northern Territory (Self-Government) Act 1978 for: (a) officers or employees of the Public Service of the Northern Territory or of an authority of the Northern Territory (including a local government body); or (b) members of the police force of the Northern Territory; to be inspectors, and that arrangement has effect accordingly. (3) The Minister may enter into an arrangement with the appropriate person holding an office under section 13 of the Norfolk Island Act 1979 for persons appointed or employed under an enactment referred to in section 61 of that Act to be inspectors, and that arrangement has effect accordingly. (4) The Minister may make a written determination that a specified person, or a person included in a specified class of persons, who is an inspector because of this section does not have such of the powers conferred on an inspector by this Act as are specified in the determination. The determination has effect accordingly. (5) If the Minister makes a determination under subsection (4) about a named individual, the Minister must give the individual a copy of the determination. SECT 61 61 Identity cards (1) The Minister may cause to be issued to an inspector, other than a member of a police force or an officer of Customs, an identity card in a form approved by the Minister. (2) Where a person in possession of an identity card issued to him or her under subsection (1) ceases to be an inspector, that person shall forthwith return the identity card to the Minister. (3) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding one penalty unit. Division 2-Boarding of vessels etc. and access to premises by consent SECT 62 62 Boarding of vessels etc. by inspectors (1) This section applies to: (a) any Australian vessel, Australian aircraft or Australian platform; (b) any vehicle, vessel or aircraft that is in Australia or an external Territory; (c) any vessel, or any aircraft capable of landing on water, that is in Australian waters; and (d) any aircraft that is over Australia, an external Territory or Australian waters. (2) An inspector may, with such assistance as he or she thinks necessary, board any vehicle, vessel, aircraft or platform to which this section applies for the purpose of exercising, and may exercise, the functions of an inspector in accordance with section 64 if he or she believes on reasonable grounds that there is in, or on, that vehicle, vessel, aircraft or platform: (a) any specimen that has been, or is proposed to be, exported or imported in contravention of this Act; or (b) any goods that may afford evidence as to the commission of an offence against this Act; and, in the case of a vehicle, vessel or aircraft, may, for that purpose, stop and detain that vehicle, vessel or aircraft. (3) An inspector may require any person on board a vehicle, vessel, aircraft or platform to which this section applies whom the inspector finds committing, or whom the inspector suspects on reasonable grounds of having committed, an offence against this Act to state that person's full name and usual place of residence. (4) Where an inspector or the person in command of a Commonwealth ship or of a Commonwealth aircraft believes on reasonable grounds that a vessel to which this section applies and which is in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he or she may bring, or, by means of an international signal code or other internationally recognized means of communication with a vessel, require the person in charge of the vessel to bring, the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel. (5) Where an inspector or the person in command of a Commonwealth ship or of a Commonwealth aircraft believes on reasonable grounds that an aircraft to which this section applies and which is over Australia or over or in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he or she may, by means of an international signal code or other internationally recognized means of communication with an aircraft, require the person in charge of the aircraft to bring the aircraft to the nearest airport in Australia or an external Territory to which it is safe and practicable to bring the aircraft. (6) An inspector may, for the purposes of this Act, require the person in charge of a vehicle, vessel, aircraft or platform to which this section applies to give information concerning the vehicle, vessel, aircraft or platform and its crew and any other person on board the vehicle, vessel, aircraft or platform. (7) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) boards a vehicle, vessel, aircraft or platform to which this section applies, the inspector shall: (a) in the case of a member of a police force—produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he or she is a member of that police force; (b) in the case of an officer of Customs—produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he or she is an officer of Customs; or (c) in any other case—produce his or her identity card for inspection by that person; and, if he fails to do so, the inspector is not authorized to remain, or to require any person assisting the inspector to remain, on board that vehicle, vessel, aircraft or platform or to detain that vehicle, vessel or aircraft. (8) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) makes a requirement of a person under this section, the inspector, unless it is impracticable to do so, shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; (b) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; or (c) in any other case—produce his or her identity card for inspection by that person; and, if the inspector fails to do so, that person is not obliged to comply with the requirement. (9) A person who, without reasonable excuse, intentionally fails to comply with a requirement made of the person by an inspector under this section or by the person in command of a Commonwealth ship or a Commonwealth aircraft under subsection (4) or (5) is guilty of an offence punishable on conviction by a fine not exceeding 60 penalty units. (10) In this section, unless the contrary intention appears: Australian aircraft means an aircraft that: (a) is owned by: (i) the Commonwealth or an authority of the Commonwealth; (ii) a State or an authority of a State; (iii) the Northern Territory or an authority of the Northern Territory; or (iv) the Administration of Norfolk Island; or (b) is registered in Australia. Australian platform means a platform that: (a) is fixed to the continental shelf of Australia or of an external Territory or to the sea-bed beneath Australian waters; or (b) is otherwise operating in that part of the sea above the continental shelf of Australia or of an external Territory or in Australian waters. Australian vessel means a vessel that: (a) is owned by: (i) the Commonwealth or an authority of the Commonwealth; (ii) a State or an Authority of a State; (iii) the Northern Territory or an authority of the Northern Territory; or (iv) the Administration of Norfolk Island; or (b) is registered in Australia or flying the Australian flag. Australian waters means: (a) the waters adjacent to Australia and having as their inner limits the baselines by reference to which the territorial limits of Australia are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 12 nautical miles from the point on one of those baselines that is nearest to the first-mentioned point; and (b) the waters adjacent to each external Territory and having as their inner limits the baselines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 12 nautical miles from the point on one of those baselines that is nearest to the first-mentioned point. Commonwealth aircraft means an aircraft in the service of the Commonwealth on which the prescribed ensign or prescribed insignia of the aircraft is or are displayed. Commonwealth ship means a ship in the service of the Commonwealth on which the prescribed ensign of the ship is flying. goods includes documents but does not include any specimen or any article to which subsection 4(2) applies. SECT 63 63 Access to premises by consent (1) An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an inspector in accordance with section 64. (5) Where an inspector has entered any premises in pursuance of subsection (1), he or she may exercise the functions of an inspector in accordance with section 64. SECT 64 64 Functions of inspectors--sections 62 and 63 (1) The functions of an inspector who boards a vehicle, vessel, aircraft or platform under section 62 or enters premises under section 63 are: (a) to search the vehicle, vessel, aircraft, platform or premises, as the case may be; and (b) to inspect, take extracts from, and make copies of, any document that relates to the export or import of any prescribed specimen; and (c) to inspect, and take samples of, any prescribed specimen; and (d) to exercise powers of seizure conferred on the inspector by section 69B or 69M. (2) For the purposes of carrying out any functions under subsection (1), an inspector may break open any hold or compartment, or any container or other receptacle (including any place that could be used as a receptacle), on a vehicle, vessel, aircraft or platform or on any premises. (3) In this section, prescribed specimen means a specimen that is, or that an inspector believes on reasonable grounds is, a specimen the export or the import of which, otherwise than in accordance with a permit or an authority, is prohibited by this Act. Division 3-Search warrants SECT 64A 64A When search warrants can be issued Search of premises (1) A Magistrate may issue a warrant authorising an inspector to search premises if the Magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises. Search of a person (2) A Magistrate may issue a warrant authorising an inspector to carry out an ordinary search or a frisk search of a person if the Magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that the person has in his or her possession, or will within the next 72 hours have in his or her possession, any evidential material. Use of firearms (3) If the inspector applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the inspector must state that suspicion, and the grounds for that suspicion, in the information. Statements in warrant—general (4) If a Magistrate issues a warrant, the Magistrate is to state in the warrant: (a) the offence to which the warrant relates; and (b) a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and (c) the kinds of evidential material that are to be searched for under the warrant; and (d) the name of the inspector who is to be responsible for executing the warrant; and (e) the period for which the warrant remains in force, which must not be more than 7 days; and (f) whether the warrant may be executed at any time or only during particular hours. Statements in warrant—search of premises (5) The Magistrate is also to state, in a warrant in relation to premises: (a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (4)(c)) found at the premises in the course of the search that the executing inspector or an officer assisting believes on reasonable grounds to be: (i) evidential material in relation to an offence to which the warrant relates; or (ii) a thing relevant to another offence against this Act, where the other offence is an indictable offence; if the executing inspector or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act; and (b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing inspector or an officer assisting suspects on reasonable grounds that the person has any evidential material or eligible seizable items in his or her possession. Statements in warrant—search of a person (6) The Magistrate is also to state, in a warrant in relation to a person: (a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (4)(c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing inspector or an officer assisting believes on reasonable grounds to be: (i) evidential material in relation to an offence to which the warrant relates; or (ii) a thing relevant to another offence against this Act, where the other offence is an indictable offence; if the executing inspector or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act; and (b) the kind of search of a person that the warrant authorises. Successive warrants (7) Paragraph (4)(e) does not prevent the issue of successive warrants in relation to the same premises or person. Emergency searches (8) If the application for the warrant is made under section 64M, this section applies as if: (a) subsections (1) and (2) refer to 48 hours rather than 72 hours; and (b) paragraph (4)(e) refer to 48 hours rather than 7 days. Powers of Magistrate—Jervis Bay Territory (9) A Magistrate in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory. Powers of Magistrate—general (10) A Magistrate in a State or internal Territory may: (a) issue a warrant in relation to premises or a person in that State or Territory; or (b) issue a warrant in relation to premises or a person in an external Territory; or (c) issue a warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or (d) issue a warrant in relation to a person wherever the person is in Australia or in an external Territory if he or she is satisfied that it is not possible to predict where the person may be. Previous applications by member or special member of the Australian Federal Police (11) If the applicant for a warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises, the person must state particulars of those applications and their outcome in the information. SECT 64B 64B The things that are authorised by a search warrant Search of premises (1) A warrant that is in force in relation to premises authorises the executing inspector or an officer assisting: (a) to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and (b) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and (c) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and (d) to seize other things found at the premises in the course of the search that the executing inspector or an officer assisting believes on reasonable grounds to be: (i) evidential material in relation to an offence to which the warrant relates; or (ii) evidential material in relation to another offence against this Act, where the other offence is an indictable offence; if the executing inspector or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act; and (e) to seize other things found at the premises in the course of the search that the executing inspector or an officer assisting believes on reasonable grounds to be eligible seizable items; and (f) if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing inspector or an officer assisting suspects on reasonable grounds that the person has any evidential material or eligible seizable items in his or her possession. Search of a person (2) A warrant that is in force in relation to a person authorises the executing inspector or an officer assisting: (a) to search the person as specified in the warrant and things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and (b) to: (i) seize things of that kind; or (ii) record fingerprints from things; or (iii) take forensic samples from things; found in the course of the search; and (c) to seize other things found on or in the possession of the person or in the conveyance in the course of the search that the executing inspector or an officer assisting believes on reasonable grounds to be: (i) evidential material in relation to an offence to which the warrant relates; or (ii) a thing relevant to another offence against this Act, where the other offence is an indictable offence; if the executing inspector or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act; and (d) to seize other things found in the course of the search that the executing inspector or an officer assisting believes on reasonable grounds to be eligible seizable items. Hours when search warrant may be executed (3) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours. Ordinary searches or frisk searches (4) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant. Seized items may be made available to other agencies (5) If things are seized under a warrant, the warrant authorises the executing inspector to make the things available to officers of other agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the things relate. SECT 64C 64C Availability of assistance, and use of force, in executing a warrant (1) In executing a warrant: (a) the executing inspector may obtain such assistance; and (b) the executing inspector, or a person who is an inspector and who is assisting in executing the warrant, may use such force against persons and things; and (c) a person who is not an inspector and who has been authorised to assist in executing the warrant may use such force against things; as is necessary and reasonable in the circumstances. (2) A person who is not an inspector must not take part in searching or arresting a person. SECT 64D 64D Details of warrant to be given to occupier etc. (1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing inspector or an officer assisting must make available to that person a copy of the warrant. (2) If a warrant in relation to a person is being executed, the executing inspector or an officer assisting must make available to that person a copy of the warrant. (3) If a person is searched under a warrant in relation to premises, the executing inspector or an officer assisting must show the person a copy of the warrant. (4) The executing inspector must identify himself or herself to the person at the premises or the person being searched, as the case may be. (5) The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the Magistrate or the seal of the relevant court. SECT 64E 64E Specific powers available to inspectors executing warrant (1) In executing a warrant in relation to premises, the executing inspector or an officer assisting may: (a) for a purpose incidental to the execution of the warrant; or (b) if the occupier of the premises consents in writing; take photographs (including video recordings) of the premises or of things at the premises. (2) If a warrant in relation to premises is being executed, the executing inspector and all officers assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises: (a) for not more than one hour; or (b) for a longer period if the occupier of the premises consents in writing. (3) If: (a) the execution of a warrant is stopped by an order of a court; and (b) the order is later revoked or reversed on appeal; and (c) the warrant is still in force; the execution of the warrant may be completed. SECT 64F 64F Use of equipment to examine or process things (1) The executing inspector or an officer assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under the warrant. (2) If: (a) it is not practicable to examine or process the things at the warrant premises; or (b) the occupier of the premises consents in writing; the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant. (3) If things are moved to another place for the purpose of examination or processing under subsection (2), the executing inspector must, if it is practicable to do so: (a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and (b) allow the occupier or his or her representative to be present during the examination or processing. (4) The executing inspector or an officer assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the executing inspector or an officer assisting believes on reasonable grounds that: (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried out without damage to the equipment or the thing. SECT 64G 64G Use of electronic equipment at premises Operation of equipment (1) The executing inspector or an officer assisting may operate electronic equipment at the premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. Seizure etc. (2) If the executing inspector or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or (c) if the material can be transferred to a disk, tape or other storage device that: (i) is brought to the premises; or (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises; operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises. Limitation on seizure (3) A person may seize equipment under paragraph (2)(a) only if: (a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or (b) possession of the equipment by the occupier could constitute an offence. Securing equipment (4) If the executing inspector or an officer assisting believes on reasonable grounds that: (a) evidential material may be accessible by operating electronic equipment at the premises; and (b) expert assistance is required to operate the equipment; and (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with; he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise. Notice about securing equipment (5) The executing inspector or an officer assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours. Period for which equipment may be secured (6) The equipment may be secured: (a) for a period not exceeding 24 hours; or (b) until the equipment has been operated by the expert; whichever happens first. Extension of period (7) If the executing inspector or an officer assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a Magistrate for an extension of that period. Notice to occupier (8) The executing inspector or an officer assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application. Provisions relating to extensions (9) The provisions of this Part relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension. SECT 64H 64H Compensation for damage to electronic equipment (1) If: (a) damage is caused to equipment as a result of it being operated as mentioned in section 64F or 64G; and (b) the damage was caused as a result of: (i) insufficient care being exercised in selecting the person who was to operate the equipment; or (ii) insufficient care being exercised by the person operating the equipment; compensation for the damage is payable to the owner of the equipment. (2) Compensation is payable out of money appropriated by the Parliament for the purpose. (3) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances. SECT 64J 64J Copies of seized things to be provided (1) Subject to subsection (2), if an inspector seizes, under a warrant relating to premises: (a) a document, film, computer file or other thing that can be readily copied; or (b) a storage device the information in which can be readily copied; the inspector must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure. (2) Subsection (1) does not apply if: (a) the thing that has been seized was seized under paragraph 64G(2)(b) or (c); or (b) possession of the document, film, computer file, thing or information by the occupier could constitute an offence. SECT 64K 64K Occupier entitled to be present during search (1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part 1C of the Crimes Act 1914, entitled to observe the search being conducted. (2) The right to observe the search being conducted ceases if the person impedes the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. SECT 64L 64L Receipts for things seized under warrant (1) If a thing is seized under a warrant or moved under subsection 64F(2), the executing inspector or an officer assisting must provide a receipt for the thing. (2) If 2 or more things are seized or moved, they may be covered in the one receipt. SECT 64M 64M Warrants by telephone or other electronic means Application (1) An inspector may make an application to a Magistrate for a warrant by telephone, telex, facsimile or other electronic means: (a) in an urgent case; or (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant. Voice communication (2) The Magistrate may require communication by voice to the extent that is practicable in the circumstances. Information (3) An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn. Issue of warrant (4) If an application is made to a Magistrate under this section and the Magistrate, after considering the information and having received and considered such further information (if any) as the Magistrate required, is satisfied that: (a) a warrant in the terms of the application should be issued urgently; or (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant; the Magistrate may complete and sign the same form of warrant that would be issued under section 64A. Notification (5) If the Magistrate decides to issue the warrant, the Magistrate is to inform the applicant, by telephone, telex, facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed. Form of warrant (6) The applicant must then complete a form of warrant in terms substantially corresponding to those given by the Magistrate, stating on the form the name of the Magistrate and the day on which and the time at which the warrant was signed. Completed form of warrant to be given to Magistrate (7) The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the Magistrate the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn. Attachment (8) The Magistrate is to attach to the documents provided under subsection (7) the form of warrant completed by the Magistrate. Presumption (9) If: (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and (b) the form of warrant signed by the Magistrate is not produced in evidence; the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised. SECT 64N 64N Restrictions on personal searches A warrant can not authorise a strip search or a search of a person's body cavities. SECT 64P 64P When a thing is in the possession of a person A reference in this Division to a person who has a thing in his or her possession includes a reference to a person who has a thing under his or her control in any place (whether for the use or benefit of the person or of another person), even if another person has the actual possession or custody of the thing. Division 4-Stopping and searching conveyances SECT 64Q 64Q Searches of conveyances without warrant in emergency situations (1) This section applies if an inspector suspects, on reasonable grounds, that: (a) a thing relevant to an indictable offence against this Act is in or on a conveyance; and (b) it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and (c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent. (2) The inspector may: (a) stop and detain the conveyance; and (b) search the conveyance and any container in or on the conveyance, for the thing; and (c) seize the thing if he or she finds it there. (3) If, in the course of searching for the thing, the inspector finds another thing relevant to an offence against this Act, the inspector may seize that thing if he or she suspects, on reasonable grounds, that: (a) it is necessary to seize it in order to prevent its concealment, loss or destruction; and (b) it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent. (4) The inspector must exercise his or her powers subject to section 64R. SECT 64R 64R How an inspector exercises a power under section 64Q When an inspector exercises a power under section 64Q in relation to a conveyance, he or she: (a) may use such assistance as is necessary; and (b) must search the conveyance in a public place or in some other place to which members of the public have ready access; and (c) must not detain the conveyance for longer than is necessary and reasonable to search it and any container found in or on the conveyance; and (d) may use such force as is necessary and reasonable in the circumstances, but must not damage the conveyance or any container found in or on the conveyance by forcing open a part of the conveyance or container unless: (i) the person (if any) apparently in charge of the conveyance has been given a reasonable opportunity to open that part or container; or (ii) it is not possible to give that person such an opportunity. Division 5-Arrest and related matters SECT 65 65 Powers of arrest of inspectors (1) An inspector may, without warrant, arrest any person, if the inspector believes on reasonable grounds that: (a) the person is committing or has committed an offence against this Act; and (b) proceedings against the person by summons would not be effective. (2) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) arrests a person under subsection (1), the inspector shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; (b) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; or (c) in any other case—produce his or her identity card for inspection by that person. (3) Where a person is arrested under subsection (1), an inspector shall without unreasonable delay bring the person, or cause the person to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law. SECT 65A 65A Power to conduct a frisk search of an arrested person An inspector who arrests a person for an offence against this Act, or who is present at such an arrest, may, if the inspector suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any eligible seizable items: (a) conduct a frisk search of the person at or soon after the time of arrest; and (b) seize any eligible seizable items found as a result of the search. SECT 65B 65B Power to conduct an ordinary search of an arrested person An inspector who arrests a person for an offence against this Act, or who is present at such an arrest, may, if the inspector suspects on reasonable grounds that the person is carrying: (a) evidential material in relation to that or another offence against this Act; or (b) an eligible seizable item; conduct an ordinary search of the person at or soon after the time of arrest, and seize any such thing found as a result of the search. SECT 65C 65C Power to conduct search of arrested person's premises An inspector who arrests a person at premises for an offence against this Act, or who is present at such an arrest, may seize things in plain view at those premises that the inspector believes on reasonable grounds to be: (a) evidential material in relation to that or another offence against this Act; or (b) eligible seizable items. Division 6-Miscellaneous provisions about searches, entry to premises, warrants etc. SECT 65D 65D Conduct of ordinary searches and frisk searches An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as the person being searched. SECT 65E 65E Announcement before entry (1) An inspector must, before any person enters premises under a warrant or to arrest a person under this Act: (a) announce that he or she is authorised to enter the premises; and (b) give any person at the premises an opportunity to allow entry to the premises. (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure: (a) the safety of a person (including an inspector); or (b) that the effective execution of the warrant or the arrest is not frustrated. SECT 65F 65F Offence of making false statements in warrants A person must not make, in an application for a warrant, a statement that the person knows to be false or misleading in a material particular. Penalty: Imprisonment for 2 years. SECT 65G 65G Offences relating to telephone warrants A person must not: (a) state in a document that purports to be a form of warrant under section 64M the name of a Magistrate unless the Magistrate issued the warrant; or (b) state on a form of warrant under that section a matter that, to the person's knowledge, departs in a material particular from the form authorised by the Magistrate; or (c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows: (i) has not been approved by a Magistrate under that section; or (ii) to depart in a material particular from the terms authorised by a Magistrate under that section; or (d) give to a Magistrate a form of warrant under that section that is not the form of warrant that the person purported to execute. Penalty: Imprisonment for 2 years. SECT 65H 65H Retention of things which are seized (1) Subject to any contrary order of a court, if a person seizes a thing under Division 3, 4 or 5, the person must return it if: (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or (b) if the thing was seized under section 64Q: (i) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or (ii) the period of 60 days after its seizure ends; whichever first occurs; unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. (2) If a thing is seized by an inspector under section 64Q, at the end of the 60 days specified in subsection (1), the inspector must take reasonable steps to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it) unless: (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or (b) the inspector may retain the thing because of an order under section 65J; or (c) the inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing. SECT 65J 65J Magistrate may permit a thing to be retained (1) If a thing is seized under section 64Q, and: (a) before the end of 60 days after the seizure; or (b) before the end of a period previously specified in an order of a Magistrate under this section; proceedings in respect of which the thing may afford evidence have not commenced, the inspector may apply to a Magistrate for an order that he or she may retain the thing for a further period. (2) If the Magistrate is satisfied that it is necessary for the inspector to continue to retain the thing: (a) for the purposes of an investigation as to whether an offence against this Act has been committed; or (b) to enable evidence of an offence against this Act to be secured for the purposes of a prosecution; the Magistrate may order that the inspector may retain the thing for a period specified in the order. (3) Before making the application, the inspector must: (a) take reasonable steps to discover who has an interest in the retention of the thing; and (b) if it is practicable to do so, notify each person who the inspector believes to have such an interest of the proposed application. (4) A function of making an order conferred on a Magistrate by this section is conferred on the Magistrate in a personal capacity and not as a court or a member of a court. (5) Without limiting the generality of subsection (4), an order made by a Magistrate under this section has effect only by virtue of this Act and is not taken, by implication, to be made by a court. (6) A Magistrate performing a function of, or connected with, making an order under this section has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the Magistrate is a member). (7) The Governor-General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for the performance, by all or any of the persons who from time to time hold office as Magistrates in that State or Territory, of the function of making orders under this section. SECT 65K 65K Law relating to legal professional privilege not affected This Part does not affect the law relating to legal professional privilege. SECT 65L 65L Other laws about search, arrest etc. not affected (1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth relating to: (a) the search of persons or premises; or (b) arrest and related matters; or (c) the stopping, detaining or searching of conveyances; or (d) the seizure of things. (2) To avoid doubt, it is declared that even though another law of the Commonwealth provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law. SECT 66 66 Persons to assist inspectors (1) Subject to subsection (2), the owner, or person in charge, of any vehicle, vessel, aircraft or platform boarded by an inspector under section 62, or of any premises entered by an inspector under section 63, shall, if requested by an inspector to do so, provide reasonable assistance to the inspector in the performance of the functions, or carrying out of the duties, or the exercise of the powers, of the inspector under this Act in relation to that vehicle, vessel, aircraft or platform or those premises. (1A) A person who intentionally contravenes subsection (1) is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 12 months. (1B) Subject to subsection (2), the owner, or the person in charge, of: (a) premises entered under a warrant; or (b) a conveyance stopped under section 64Q; must, if requested by an inspector to do so, provide reasonable assistance to the inspector in: (c) the performance of the functions; or (d) the carrying out of the duties; or (e) the exercise of the powers; conferred on the inspector under this Act in relation to those premises or that conveyance. (1C) A person who intentionally contravenes subsection (1B) is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 12 months. (2) Where an inspector (other than a member of a police force, or an officer of Customs, who is in uniform) makes a request of a person under this section, the inspector shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; (b) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; or (c) in any other case—produce his or her identity card for inspection by that person; and, if the inspector fails to do so, that person is not obliged to comply with the request. Division 7-Power to search baggage etc. SECT 67 67 Power to search baggage etc. (1) An inspector may examine any goods that are to be, are being, or have been, taken on or off a prescribed vessel or any goods that the inspector believes, on reasonable grounds, to be such goods. (2) An inspector may ask a person who owns, is carrying or is otherwise associated with, or appears to the inspector to be associated with, goods that the inspector is examining or entitled to examine under subsection (1) any question in respect of the goods. (3) A person shall not, without reasonable excuse, intentionally refuse or intentionally fail to answer a question put to the person under subsection (2). Penalty: 60 penalty units. (4) In this section: baggage, in relation to a prescribed vessel, includes any parcel or other goods that a passenger or member of the crew of the vessel has had with him or her on the vessel. examine includes: (a) in relation to goods that are baggage, open and search the baggage; and (b) in relation to goods in a container, open and search the container. goods includes a specimen and baggage. member of the crew includes: (a) in relation to a ship—the master, a mate or an engineer of the ship; and (b) in relation to an aircraft—the pilot of the aircraft. prescribed vessel means: (a) a ship that voyages between: (i) a place in Australia and a place outside Australia; or (ii) a place in an external Territory and a place outside that Territory; or (b) an aircraft that flies between: (i) a place in Australia and a place outside Australia; or (ii) a place in an external Territory and a place outside that Territory. Division 8-Power to ask questions about specimens SECT 69 69 Inspector may ask questions about the nature or origin of specimens When section applies (1) This section applies to a specimen if an inspector has reasonable grounds to suspect that: (a) the specimen has been exported, or is proposed to be exported, in contravention of section 21; or (b) the specimen has been imported, or is proposed to be imported, in contravention of section 22. Questions (2) If the inspector has reasonable grounds to suspect that a person has information about the nature or origin of the specimen, the inspector may ask the person one or more questions about the nature or origin of the specimen. Answers to questions (3) Subject to subsections (6) and (7), if a person is asked a question under subsection (2), the person must not intentionally refuse or intentionally fail to answer the question to the extent that the person is capable of doing so. False answers (4) If a person is asked a question under subsection (2), the person must not give an answer that is false or misleading in a material particular if: (a) the person knows that the answer is false or misleading in a material particular; or (b) the person is reckless as to whether the answer is false or misleading in a material particular. Offence (5) A person who contravenes subsection (3) or (4) is guilty of an offence punishable on conviction by a fine not exceeding 10 penalty units. No requirement to give incriminating answers (6) If a person is asked a question under subsection (2), the person is not required to answer the question if the answer might tend to incriminate the person or expose the person to a penalty. Identity cards etc. (7) If a person is asked a question under subsection (2) by an inspector, the person is not required to answer the question unless: (a) if the inspector is a member of a police force—the inspector produces, for inspection by the person, written evidence of the fact that the inspector is a member of that police force; or (b) if the inspector is an officer of Customs—the inspector produces, for inspection by the person, written evidence of the fact that the inspector is an officer of Customs; or (c) if the inspector is neither a member of a police force nor an officer of Customs— the inspector produces the inspector's identity card for inspection by the person. Division 9-Power to ask for names and addresses SECT 69A 69A Inspector may ask a person to give the person's name and address (1) An inspector may ask an individual to tell the inspector the individual's name and address if the inspector has reasonable grounds to suspect that the individual has been involved in the commission of an offence against this Act or the regulations. (2) Subject to subsection (5), a person must not intentionally refuse or intentionally fail to comply with a request under subsection (1). (3) A person must not, in purported compliance with a request under subsection (1), give a name or address that the person knows is false or misleading. (4) A person who contravenes subsection (2) or (3) is guilty of an offence punishable on conviction by a fine not exceeding 10 penalty units. (5) If an inspector makes a request of a person under subsection (1), the person is not required to comply with the request unless: (a) if the inspector is a member of a police force—the inspector produces, for inspection by the person, written evidence of the fact that the inspector is a member of that police force; or (b) if the inspector is an officer of Customs—the inspector produces, for inspection by the person, written evidence of the fact that the inspector is an officer of Customs; or (c) if the inspector is neither a member of a police force nor an officer of Customs— the inspector produces the inspector's identity card for inspection by the person. Division 10-Seizure and forfeiture etc. Subdivision A--Seizure of specimens involved in a contravention of this Act or the regulations SECT 69B 69B Seizure of specimens involved in a contravention of this Act or the regulations An inspector may seize a specimen if the inspector has reasonable grounds to suspect that the specimen has been used or otherwise involved in the commission of an offence against this Act or the regulations. SECT 69C 69C Notice about seizure (1) Subject to subsection (2), if a specimen is seized by an inspector under section 69B, the inspector must give: (a) the owner of the specimen; or (b) the person who had possession, custody or control of the specimen immediately before it was seized; a written notice: (c) identifying the specimen; and (d) stating that it has been seized under section 69B and giving the reason for the seizure; and (e) setting out the terms of sections 69D and 69E. The notice must be given as soon as practicable after the seizure. (2) An inspector is not required to give a notice under subsection (1) about a specimen if, after making such inquiries as the inspector thinks appropriate, the inspector does not, within 30 days after the seizure, have sufficient information to enable the inspector to give the notice. In that event, the inspector must keep a written record of the seizure. SECT 69D 69D Applications for return of specimen (1) If a specimen is seized under section 69B, the owner of the specimen may apply in writing to the Designated Authority for the delivery to the owner of the specimen. (2) The application must be made: (a) within 30 days after the seizure; or (b) if a notice is given under subsection 69C(1) in relation to the specimen—within 30 days after the giving of the notice. (3) The application must be made on the ground that the specimen was not used or otherwise involved in the commission of an offence against this Act or the regulations. (4) If the applicant satisfies the Designated Authority that that ground has been established, the Designated Authority must grant the application. Note: Under section 69H, the Designated Authority may retain the specimen for up to 30 days after making a decision on the application. SECT 69E 69E Court action for return of specimen (1) If a specimen is seized under section 69B, the owner of the specimen may bring an action against the Commonwealth in a court of competent jurisdiction for the delivery of the specimen to the owner on the ground that the specimen was not used or otherwise involved in the commission of an offence against this Act or the regulations. (2) An action under subsection (1) must be brought: (a) within 30 days after the seizure; or (b) if a notice is given under subsection 69C(1) in relation to the specimen—within 30 days after the giving of the notice. (3) If: (a) an action is brought under subsection (1); and (b) the court finds that the specimen was used or otherwise involved in the commission of the offence concerned; the court must order the specimen to be forfeited to the Commonwealth. (4) If: (a) an action is brought under subsection (1); and (b) the action is discontinued by the owner otherwise than because of: (i) the delivery of the specimen to the owner; or (ii) the forfeiture of the specimen to the Commonwealth; or (iii) the disposal of the specimen under section 69R; the specimen is forfeited to the Commonwealth. SECT 69F 69F Consignment of specimen with consent of owner (1) If: (a) a specimen is seized under section 69B; and (b) the specimen was imported from a particular foreign country; and (c) the export of the specimen from the foreign country was not in contravention of a law of the foreign country that corresponds to this Act; and (d) the specimen is not specified in Part I of Schedule 3; and (e) if the importer had applied for a permit authorising the import of the specimen, it is not reasonably likely that the permit would have been granted; and (f) the importer produces written evidence from the relevant authority of the foreign country that the specimen may be returned to the foreign country without contravening such a law; the Designated Authority may, with the consent of the owner of the specimen, consign the specimen to a place in the foreign country. (2) The consignment is to be at the expense of the owner of the specimen. SECT 69G 69G Release of specimen If a specimen is seized under section 69B, the Designated Authority may release the specimen to the owner, or to the person from whose possession the specimen was seized, either: (a) unconditionally; or (b) on such conditions as the Designated Authority thinks fit (including conditions about the giving of security for payment of its value if it is forfeited). SECT 69H 69H Retention of specimen If a specimen is seized under section 69B, the specimen may be retained until the end of 30 days after whichever is the latest of the following events: (a) the seizure; (b) if a notice is given under subsection 69C(1) in relation to the specimen—the giving of the notice; (c) if an application is made under subsection 69D(1) in relation to the specimen— the making of a decision on that application; (d) if: (i) proceedings for an offence against this Act or the regulations are instituted during the period within which an application may be made under subsection 69D(1) in relation to the specimen; and (ii) the specimen may have been used or otherwise involved in the commission of the offence or the specimen may afford evidence of the commission of the offence; the termination of the proceedings (including any appeal to a court in relation to those proceedings); (e) if proceedings under section 69L are instituted during the period within which an application may be made under subsection 69D(1) in relation to the specimen— the termination of the proceedings (including any appeal to any court in relation to those proceedings). However, this rule does not authorise the retention of the specimen if the owner of the specimen succeeds in an action under subsection 69E(1) for the delivery of the specimen to the owner. Nor does this rule require the return of the specimen if proceedings under subsection 69E(1) relating to the specimen are pending. SECT 69J 69J Forfeiture of specimen after end of retention period (1) If: (a) a specimen is seized under section 69B; and (b) none of the following happens before the end of the period for which the specimen may be retained: (i) proceedings are instituted for an offence against this Act or the regulations, where the specimen is alleged to have been used or otherwise involved in the commission of the offence; (ii) the specimen is delivered to the owner; (iii) the owner of the specimen brings an action under subsection 69E(1) for the delivery of the specimen to the owner; (iv) proceedings are instituted under section 69L in relation to the specimen; (v) the specimen is disposed of under section 69R; the specimen is forfeited to the Commonwealth at the end of that period. (2) Subsection (1) has effect only to the extent (if any) to which it gives effect to paragraph 1(b) of Article VIII of the Convention. SECT 69K 69K Forfeiture of specimen by consent etc. (1) If: (a) a specimen is seized under section 69B; and (b) the owner of the specimen agrees to transfer ownership of the specimen to the Commonwealth, either: (i) unconditionally; or (ii) in the event that a future contingency happens; and (c) if subparagraph (b)(ii) applies—that contingency happens; then: (d) the specimen becomes the property of the Commonwealth; and (e) the provisions of this Part relating to forfeiture apply as if the specimen had been forfeited to the Commonwealth under this Act. (2) If: (a) a specimen is seized under section 69B; and (b) the owner of the specimen agrees to transfer ownership of the specimen to the Commonwealth in the event that a future contingency happens; the Designated Authority may retain the specimen: (c) until the specimen becomes the property of the Commonwealth; or (d) if the specimen does not become the property of the Commonwealth—until the occurrence of the last day on which that contingency could have happened. (3) Subsection (2) has effect despite anything in section 69H. SECT 69L 69L Forfeiture of specimen by order of a civil court If: (a) a specimen is seized under section 69B; and (b) the specimen has been used or otherwise involved in a contravention of this Act or the regulations; a court may, on the application of the Designated Authority, order the forfeiture to the Commonwealth of the specimen. Subdivision B--Seizure of goods other than specimens SECT 69M 69M Seizure of goods other than specimens (1) This section applies to goods (including vehicles, vessels, aircraft, platforms and documents), but does not apply to a specimen. (2) An inspector may seize goods if the inspector has reasonable grounds to suspect that: (a) the goods have been used or otherwise involved in the commission of an offence against this Act or the regulations; or (b) the goods will afford evidence of the commission of an offence against this Act or the regulations. SECT 69N 69N Retention of goods that have been seized (1) Goods seized under section 69M may be retained until: (a) the end of the period of 60 days after the seizure or the end of such extended period as is, or such extended periods as are, determined under subsection (3); or (b) if: (i) proceedings for an offence against this Act or the regulations are instituted within that period; and (ii) the goods may have been used or otherwise involved in the commission of the offence or the goods may afford evidence of the commission of the offence; the proceedings (including any appeal to a court in relation to those proceedings) are terminated. (2) An inspector may apply to a Magistrate for an extension of the period during which the inspector is entitled to retain particular goods seized under section 69M. (3) If the Magistrate is satisfied that the retention of the goods for an extended period is warranted, the Magistrate may make an order extending the period during which the goods may be retained. The maximum period of an individual extension is 30 days. (4) Subsection (3) does not prevent a Magistrate from granting 2 or more successive extensions under that subsection of the period during which particular goods may be retained. (5) A function of making an order conferred on a Magistrate by subsection (3) is conferred on the Magistrate in a personal capacity and not as a court or a member of a court. (6) Without limiting the generality of subsection (5), an order made by a Magistrate under subsection (3) has effect only by virtue of this Act and is not taken, by implication, to be made by a court. (7) A Magistrate performing a function of, or connected with, making an order under subsection (3) has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the Magistrate is a member). (8) The Governor-General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for the performance, by all or any of the persons who from time to time hold office as Magistrates in that State or Territory, of the function of making orders under subsection (3). SECT 69P 69P Disposal of goods if owner cannot be located If: (a) goods are seized under section 69M; and (b) apart from this section, the Commonwealth is required to return the goods to the owner; and (c) the Designated Authority cannot, despite making reasonable efforts, locate the owner; the Designated Authority may dispose of the goods in such manner as the Designated Authority thinks appropriate. SECT 69Q 69Q Release of goods that have been seized The Designated Authority may authorise goods seized under section 69M or anything in, on or attached to such goods to be released to their owner, or to the person from whose possession they were seized, either: (a) unconditionally; or (b) on such conditions as the Designated Authority thinks fit (including conditions about the giving of security for giving payment of their value if they are forfeited). Subdivision C--Immediate disposal of seized items SECT 69R 69R Immediate disposal of seized items (1) If: (a) a thing is seized under this Division; and (b) it is reasonably likely that the retention of the thing would: (i) constitute a serious threat to the environment; or (ii) constitute a serious threat to the continued existence, in the wild, of a particular species of animals or of a particular species of plants; or (iii) result in the introduction of an alien species that represents a threat to ecosystems, habitats or other species; or (iv) constitute a danger to public health; or (v) in the case of a live specimen—constitute a significant threat to the health of the specimen; the Designated Authority may cause the thing to be dealt with in such manner as the Designated Authority considers appropriate (including the destruction of the thing). (2) Subject to subsection (3), if a thing is dealt with in accordance with subsection (1), the Designated Authority must give to: (a) the owner of the thing; or (b) the person who had possession, custody or control of the thing immediately before it was seized; a written notice: (c) identifying the thing; and (d) stating that the thing has been seized under this Division and giving the reason for the seizure; and (e) stating that the thing has been dealt with under subsection (1) and specifying the manner in which it has been so dealt with and the reason for doing so; and (f) setting out the terms of subsection (4). The notice must be given as soon as practicable after the thing is so dealt with. (3) The Designated Authority is not required to give a notice under subsection (2) about a thing if, after making such inquiries as the Designated Authority thinks appropriate, the Designated Authority does not, within 20 days after dealing with the thing, have sufficient information to enable the notice to be given. (4) If a thing is dealt with in accordance with subsection (1), the owner of the thing may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the thing at the time it was so dealt with. The action must be brought on the ground that the thing was not used or otherwise involved in the commission of an offence against this Act or the regulations. Subdivision D--Court-ordered forfeiture SECT 69S 69S Court-ordered forfeiture (1) If a court convicts a person of an offence against this Act or the regulations, the court may order the forfeiture to the Commonwealth of any thing (other than a specimen) used or otherwise involved in the commission of the offence. (2) If a court convicts a person of an offence against this Act or the regulations, the court must order the forfeiture to the Commonwealth of any specimen used or otherwise involved in the commission of the offence. (3) A court may make an order under subsection (1) or (2) even if the thing or specimen has been seized under this Act. (4) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence. Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction. Subdivision E--Dealings in forfeited items SECT 69T 69T Dealings in forfeited items (1) A thing forfeited to the Commonwealth under this Act becomes the property of the Commonwealth. (2) A thing forfeited to the Commonwealth under this Act is to be dealt with in such manner as the Designated Authority considers appropriate. (3) Without limiting subsection (2), the Designated Authority may sell a thing forfeited to the Commonwealth under this Act. (4) The Designated Authority must not sell a specimen forfeited to the Commonwealth under this Act unless, in the opinion of the Designated Authority, the buyer will use the specimen for scientific or educational purposes. Subdivision F--Delivery of forfeited items to the Commonwealth SECT 69U 69U Delivery of forfeited items to the Commonwealth (1) If: (a) a thing is forfeited to the Commonwealth under this Act; and (b) the thing has not been dealt with under section 69T; and (c) the thing is in the possession, custody or control of a person other than: (i) the Commonwealth; or (ii) an agency of the Commonwealth; the person must deliver the thing to the Designated Authority. (2) A person who intentionally contravenes subsection (1) is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years. Subdivision G--Keeping of specimens that have been seized SECT 69V 69V Keeping of specimens retained under this Part If a person is authorised under this Part to retain a specimen, the person may do so by causing the specimen to be taken to, and kept at, a place approved by the Designated Authority for the purpose of keeping specimens seized under this Division. SECT 69W 69W Recovery of costs of storing or keeping specimens (1) If a specimen is seized under this Part, the owner is liable to pay to the Commonwealth an amount equal to the sum of the following costs: (a) reasonable costs incurred by the Commonwealth in relation to the custody of the specimen; (b) reasonable costs incurred by the Commonwealth in transporting the specimen; (c) in the case of a specimen that is a live animal or a live plant—reasonable costs incurred by the Commonwealth in maintaining the animal or plant. (2) If: (a) a specimen is seized under this Part; and (b) the specimen is disposed of; the owner is liable to pay to the Commonwealth an amount equal to the reasonable costs incurred by the Commonwealth in disposing of the specimen. (3) An amount payable by a person under this section is a debt due by the person to the Commonwealth. (4) An amount payable by a person to the Commonwealth under this section may be recovered by action in a court of competent jurisdiction. (5) The Designated Authority may remit an amount payable by a person under this section. (6) In addition to its effect apart from this subsection, this section also has the effect it would have if a liability under this section were, by express provision, confined to the case of a specimen that: (a) is forfeited to the Commonwealth under this Act; or (b) would have been forfeited to the Commonwealth under this Act if it had not been disposed of. Subdivision H--Rescuing goods SECT 71A 71A Rescuing goods (1) A person who intentionally or recklessly: (a) rescues any goods that have been, or are about to be, seized under this Act; or (b) staves, breaks or destroys any goods, or destroys any documents relating to, any goods to prevent the seizure of goods, the securing of goods, or the proof of any offence under this Act; is guilty of an offence punishable upon conviction by imprisonment for a term not exceeding 2 years. (2) In this section, goods includes vehicles, vessels, aircraft, platforms, specimens and documents. Part IV--Miscellaneous SECT 72 72 False statements (1) A person who, in, or in connection with, an application for a permit, an authority or a registration certificate: (a) intentionally makes a statement that, to the person's knowledge, is false or misleading in a material particular; or (b) intentionally furnishes to an inspector or other person doing duty in relation to this Act a document that, to the knowledge of the first-mentioned person, contains information that is false or misleading in a material particular; is guilty of an offence punishable, on conviction, by imprisonment for a term not exceeding 2 years. (2) A person who: (a) intentionally makes to an inspector doing duty in relation to this Act a statement that, to the knowledge of the person, is false or misleading in a material particular; or (b) intentionally furnishes to an inspector doing duty in relation to this Act a document that, to the knowledge of the person, contains information that is false or misleading in a material particular; is guilty of an offence punishable, on conviction, by a fine not exceeding 60 penalty units. (3) For the purposes of the application of subsections (1) and (2) in relation to a corporation but without prejudice to the liability of any person other than the corporation: (a) a statement made, or a document furnished, by a person acting on behalf of the corporation shall be deemed to have been made or furnished by the corporation; and (b) the knowledge of any person employed by, or concerned in the management of, the corporation shall be deemed to be knowledge of the corporation. SECT 74 74 Evidence (1) In any proceedings for an offence against this Act or the regulations: (a) any record kept in pursuance of the regulations or another law of the Commonwealth or a law of a State or Territory is admissible as prima facie evidence of the facts stated in the record; (b) a copy of an entry in such a record, being a copy certified by the person by whom the record is kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and (c) a document purporting to be a record kept in pursuance of the regulations or another law of the Commonwealth, or a law of a State or Territory, or purporting to be such a certified copy as is referred to in paragraph (b), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be. (2) Where, in any proceedings for an offence against this Act or the regulations, a record referred to in paragraph (1)(a) is tendered as prima facie evidence of a fact stated in the record, the person alleged to have committed the offence may require the person who kept that record to be called as a witness for the prosecution in the proceedings. SECT 75 75 Evidence of examiner (1) The Minister may appoint appropriately qualified persons to be examiners for the purposes of this Act. (2) Subject to subsection (4), a certificate signed by an examiner appointed under subsection (1) setting out, in relation to a substance, matter or thing one or more of the following: (a) that he or she is appointed as the examiner under subsection (1); (b) when and from whom the substance, matter or thing was received; (c) what labels or other means of identification accompanied the substance, matter or thing when it was received; (d) what container held the substance, matter or thing when it was received; (e) a description, including the weight, of the substance, matter or thing when it was received; (f) the name of any method used to analyse the substance, matter or thing or any portion of it; (g) the results of any such analysis; (h) how the substance, matter or thing was dealt with after handling by the examiner, including details of: (i) the quantity of the substance, matter or thing retained after analysis; and (ii) names of any person to whom any of the substance, matter or thing was given after analysis; and (iii) measures taken to secure any retained quantity of the substance, matter or thing after analysis; is admissible in any proceeding for an offence against this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis. (3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate. (4) A certificate shall not be admitted in evidence in pursuance of subsection (2) in proceedings for an offence against this Act unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings. SECT 75A 75A Protection of witness (1) A witness for the prosecution in any proceedings for an offence against this Act shall not be compelled to disclose: (a) the fact that the witness received any information; (b) the nature of any information received by the witness; or (c) the name of the person who gave the witness any information. (2) An inspector who is a witness in any proceedings for an offence against this Act shall not be compelled to produce any report: (a) that was made or received by the inspector in confidence in his or her capacity of an inspector; or (b) that contains information received by the inspector in confidence. SECT 76 76 Delegation by Minister (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to the Designated Authority or another person all or any of the Minister's powers under this Act, other than: (a) the Minister's powers under section 9; (b) the Minister's powers under section 24 in relation to an application for a permit to export a specimen specified in Part I of Schedule 3; (c) the Minister's powers under section 24 in relation to an application for a permit to import a specimen specified in Part I of Schedule 3; (ca) the powers of the Minister under section 43A; and (e) this power of delegation. (2) A power so delegated, when exercised by the delegate shall, for the purposes of this Act, be deemed to have been exercised by the Minister. (3) A delegation under this section does not prevent the exercise of a power by the Minister. SECT 76A 76A Delegation by Designated Authority (1) The Designated Authority, with the approval, in writing, of the Minister, may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Designated Authority: (a) delegate to an officer or employee of the Department that deals with Chapter 5 of the Environment Protection and Biodiversity Conservation Act 1999 and is administered by the Minister administering that Chapter any or all of the powers of the Designated Authority under this Act, other than this power of delegation; or (b) delegate to a State/Territory officer any or all of the powers of the Designated Authority under Division 3 of Part IIA. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Designated Authority. (3) A delegation under this section does not prevent the exercise of the power by the Designated Authority. (4) If the Designated Authority delegates a power conferred on the Designated Authority by Division 3 of Part IIA to a State/Territory officer, the State/Territory officer may, by writing, sub-delegate the power to another State/Territory officer. (5) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation. (6) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub-delegation as if it were a delegation. (7) In this section: State/Territory officer means: (a) a person who holds or performs the duties of an office or position under a law of a State or Territory; or (b) a person who is employed by, or by an authority of, a State or Territory. SECT 77 77 Arrangements by Minister and Designated Authority (1) The Minister may make arrangements to the extent necessary to achieve the object of this Act (including arrangements involving co-operation by the Commonwealth with the Government of another country, of a State or of the Northern Territory, the administration of an external Territory, an organization or a person) for: (a) the formulation or assessment of a management program for the purposes of this Act; (b) the carrying out of research relating to native Australian animals and native Australian plants the species of which are, or are likely to become, threatened with extinction and the existence of the species of which is likely to be affected by trade in specimens of the species; (c) the collection of statistics relating to the export and import of wild animals or wild plants, including statistics relating to the movement of such animals and plants within Australia before export or after import, as the case may be; or (d) the dissemination of information relating to the export and import of wild animals or wild plants. (2) The Designated Authority may make arrangements with: (a) an authority, agency or instrumentality of the Commonwealth; or (b) the Secretary to a Department; or (c) an authority, agency or instrumentality of a State or internal Territory; or (d) the administration of an external Territory; or (e) an authority, agency or instrumentality of a foreign country; or (f) an organisation specified in the regulations; about any matter in connection with: (g) the administration or enforcement of this Act; or (h) the implementation of the Convention. SECT 78 78 Co-operation with States and Territories (1) The Minister shall ensure that: (a) management programs for the purposes of this Act relating to the taking in or near Australia or in or near a prescribed Territory of specimens of native Australian animals or native Australian plants; (b) proposed amendments to a Schedule, other than Schedule 8, (including amendments that would be deemed to be made by declarations under section 9) that would involve or affect native Australian animals or native Australian plants found in or near Australia or in or near a prescribed Territory; (c) conditions to which permits or authorities are subject, being conditions relating to the confinement of live animals or live plants imported into Australia or into a prescribed Territory; and (d) the requirements to be met by organizations that are to be entitled by virtue of this Act to receive live animals and live plants imported into Australia or into a prescribed Territory; are formulated or determined, as the case requires, in accordance with procedures that provide for the participation of a Minister of the Crown of each State and a Minister of the Northern Territory, being Ministers whom the first-mentioned Minister considers to be appropriate for the purpose. (2) A reference in subsection (1) to a Minister of the Northern Territory shall be read as a reference to a person holding an office referred to in section 34 of the Northern Territory (Self-Government) Act 1978. (3) The Minister shall ensure that: (a) management programs for the purposes of this Act relating to the taking in or near Norfolk Island of specimens of native Australian animals or native Australian plants; (b) proposed amendments to a Schedule, other than Schedule 8, (including amendments that would be deemed to be made by declarations under section 9) that would involve or affect native Australian animals or native Australian plants found in or near Norfolk Island; (c) conditions to which permits or authorities are subject, being conditions relating to the confinement of live animals and live plants imported into Norfolk Island; and (d) the requirements to be met by organizations that are to be entitled by virtue of this Act to receive live animals and live plants imported into Norfolk Island; are formulated or determined, as the case requires, in accordance with procedures that provide for the participation of a person holding an office under section 13 of the Norfolk Island Act 1979 whom the Minister considers to be appropriate for the purpose. SECT 79 79 Fees (1) The regulations may prescribe the fees to be paid in respect of the grant of a permit or the giving of an authority. (2) A fee prescribed in respect of the grant of a permit or the giving of an authority shall be paid before the permit is granted or the authority is given. (3) The regulations may prescribe the fees to be paid in respect of an application under this Act, other than an application for a permit or an authority. (4) A fee prescribed in respect of an application under this Act shall be paid when the application is made. SECT 80 80 Review on decisions (1) An application may be made to the Administrative Appeals Tribunal for a review of any of the following decisions: (a) a declaration by the Minister under subsection 10(1); (aa) a decision of the Minister under subsection 10(4), (6) or (7) to revoke a declaration; (ab) a decision by the Minister under subsection 10(5) to vary a declaration; (ac) a declaration by the Minister under subsection 10A(2) or (3); (ad) a decision of the Minister under subsection 10A(4A), (4C) or (4D) to revoke a declaration; (ae) a decision by the Minister under subsection 10A(4B) to vary a declaration; (b) a declaration by the Designated Authority under subsection 11(1) or 12(1); (c) a refusal by the Designated Authority of an application made under subsection 11(3) or 12(3); (d) a requirement by the Minister under subsection 23(5); (e) a decision of the Minister that the Minister is satisfied, or not satisfied, in relation to a matter for the purposes of section 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or 38; (f) a decision of the Minister to grant, or refuse to grant, a permit, other than a permit to export, or a permit to import, a specimen specified in Part I of Schedule 3; (g) a determination by the Minister for the purposes of paragraph 24(5)(b) of the period for which a permit is to remain in force; (h) a refusal by the Designated Authority of an application made under subsection 40(5); (j) a decision of the Designated Authority under subsection 40(7) to remove the name of a scientific organization from the register maintained under subsection 40(1); (k) a decision of the Minister that the Minister is satisfied, or not satisfied, in relation to a matter for the purposes of section 41 or 42, subsection 42A(7) or 42B(9) or section 43 or 44; (l) a decision of the Minister to give, or refuse to give, an authority under section 42, 42A, 42B or 43; (m) a determination by the Minister for the purposes of paragraph 42(6)(c) of the period for which an authority under section 42 is to remain in force; (ma) a determination by the Minister for the purposes of paragraph 42A(8)(c) of the period for which an authority under section 42A is to remain in force; (mb) a determination by the Minister for the purposes of paragraph 42B(10)(c) of the period for which an authority under section 42B is to remain in force; (n) a determination by the Minister for the purposes of paragraph 43(9)(b) of the period for which an authority under section 43 is to remain in force, being a period of less than 12 months; (o) a determination by the Minister for the purposes of paragraph 44(3)(c) of the period for which an authority under section 44 is to remain in force; (p) a decision of the Minister to vary, revoke or suspend a permit or authority under section 46; (q) a determination by the Minister of the period of suspension of a permit or authority for the purposes of subsection 46(3); (r) an imposition under subsection 47(1) of conditions in respect of a permit or an authority; (s) a decision of the Minister to revoke, suspend, vary, or cancel a suspension of, a condition in respect of a permit or an authority under subsection 47(1); (sa) a decision by the Designated Authority under subsection 47A(3); (t) a refusal by the Minister of an application under subsection 49(1) or (2); (u) a decision by the Designated Authority to give, or refuse to give, an approval under subsection 50(1) or 51(1); (ua) a decision of the Designated Authority under a determination in force under section 51D; (w) a decision of the Designated Authority under subsection 57J(1) to refuse to grant a registration certificate; (x) a determination by the Designated Authority under subsection 57L(2) of the period for which a registration certificate is to remain in force; (y) an imposition under subsection 57M(1) or (2) of conditions in respect of a registration certificate; (z) a decision of the Designated Authority under subsection 57M(2) to vary or revoke a condition in respect of a registration certificate; (za) a decision of the Designated Authority under subsection 57Q(1) or (2) to cancel a registration certificate. (2) In giving a direction as to the persons who are to constitute the Administrative Appeals Tribunal for the purposes of a review of a decision of the Minister that the Minister is satisfied, or not satisfied, in relation to a matter for the purposes of section 25, 27, 33 or 34 or paragraph 43(6)(b), the President of the Tribunal shall ensure that, for the purposes of the review, the Tribunal is constituted by, or includes, a member of the Tribunal who, in the opinion of the President, has special knowledge or skill in relation to environmental matters. (3) Where the Minister or the Designated Authority makes a decision of a kind referred to in subsection (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision. (4) Any failure to comply with the requirements of subsection (3) in relation to a decision shall not be taken to affect the validity of the decision. (5) In subsection (1), decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975. SECT 81 81 Regulations The Governor-General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and, in particular: (c) providing for the manner of service of notices under this Act; (d) providing for forms to be completed, or declarations to be made, in relation to specimens by persons arriving in Australia or an external Territory; and (e) prescribing penalties not exceeding 10 penalty units for offences against the regulations. SECT 82 82 Customs (Endangered Species) Regulations (1) The Customs (Endangered Species) Regulations made under the Customs Act 1901 are repealed. (2) Notwithstanding the repeal by subsection (1) of the regulations referred to in that subsection, where an import permit, an export permit or a re-export certificate granted under those regulations was in force immediately before the commencement of this Act: (a) that permit or certificate shall, subject to those regulations, continue in force; and (b) those regulations shall continue to apply in relation to that permit or certificate; as if those regulations had not been repealed. (3) While an import permit, an export permit or a re-export certificate granted under the regulations referred to in subsection (1) in relation to a specimen continues in force by virtue of subsection (2), this Act shall not be taken to prohibit the import, export or re-export, as the case requires, of the specimen in accordance with those regulations. SCHEDULE 1-Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 28 and 36 apply Sections 21, 22, 28 and 36 Part I—Specimens A specimen that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part II. A specimen that is, or is derived from, an animal that is, or has been, part of a population specified in Part III. A specimen, other than a seed or spore, that is, or is derived from, a plant of a genus, species or sub-species specified, or described, in Part IV. A specimen, other than a seed or spore, that is, or is derived from, a plant that is, or has been, part of the population of plants of the species Araucaria araucana in Chile. A specimen, other than a seed or spore, that is, or is derived from, a plant of the variety alba of the species Lycaste virginalis (nun, white). Part II—Animals Division 1—Class Amphibia Order Family Genus, species or sub species Common name ANURA Hylidae Litoria longirostris frog, long-nosed tree Microhylidae Cophixalus concinnus microhylid, elegant Cophixalus saxatilis microhylid, rock-dwelling Leptodactylidae Arenophyryne rotunda frog, sandhill Philoria frosti frog, Mt Baw Baw Rheobatrachus silus frog, platypus SALIENTIA Atelopodidae Atelopus varius zeteki frog, Zetek's or (Panamanian) golden or golden arrow poison URODELA Bufonidae Bufo periglenes toad, orange or golden or Monte Verde Bufo superciliaris toad, Cameroon Nectophrynoides toads, viviparous African Cryptobranchidae Andrias (Megalobatrachus) davidianus salamander, Chinese giant Andrias (Megalobatrachus) japonicus salamander, Japanese giant Division 2—Class Aves Order Family Genus, species or sub-species Common name ANSERIFORMES Anatidae Anas aucklandica nesiotis teal, Campbell Island flightless or Campbell Island brown Anas platyrhynchos laysanensis duck, Laysan. Laysan teal Anas oustaleti duck, Marianas Island or Oustalet's grey or Marianas mallard Branta canadensis leucopareia goose, Aleutian or Canada Branta sandvicensis goose, Hawaiian. nene Cairina scutulata duck, white-winged wood Rhodonessa caryophyllacea duck, pink-headed APODIFORMES Trochilidae Glaucis (Ramphodon) dohrnii hermit, hook-billed CAPRIMULGI FORMES Podargidae Podargus ocellatus plumiferus frogmouth, marbled CHARADRII FORMES Laridae Anous tenuirostris noddy, lesser Larus relictus gull, relict. khar turunt tsakhiai Scolopacidae Numenius borealis curlew, Eskimo Tringa guttifer greenshank, Nordmann's or spotted CICONII FORMES Ciconiidae Ciconia ciconia boyciana stork, Japanese white or white oriental Threskiornithidae Geronticus eremita ibis, hermit Nipponia nippon ibis, Japanese crested COLUMBI FORMES Columbidae Caloenas nicobarica pigeon, Nicobar. Nicobar dove Columba janthina nitens pigeon, red-headed wood or black wood Columba janthina stejnegeri pigeon, Stejneger's wood or black wood Ducula mindorensis pigeon, Mindoro imperial or Mindoro zone-tailed CORACII FORMES Bucerotidae Buceros bicornis homrai hornbill, Homrai great pied or Homrai great Indian or Northern great pied Rhinoplax vigil hornbill, helmeted FALCONI FORMES Accipitridae Erythrotriorchis (Accipiter) radiatus Goshawk, red Aquila chrysaetos japonica eagle, Japanese golden Aquila heliaca eagle imperial Buteo buteo toyoshimae buzzard, Bonin Chondrohierax uncinatus wilsonii kite, Cuba(n) hook-billed Spilornis (Haematornis) cheela perplexus eagle, Ryuykyu serpent Haliaeetus albicilla eagle, white-tailed (sea) or grey sea Haliaeetus leucocephalus eagle, (American) bald Harpia harpyja eagle, harpy Pithecophaga jefferyi eagle, Philippine or monkey-eating Cathartidae Gymnogyps californianus condor, California Vultur gryphus condor, Andean Falconidae Falco araea kestrel, Seychelles Falco newtoni aldabranus kestrel, Aldabra Falco peregrinus (pelegrinoides /babylonicus) falcon, Peregrine (Barbary falcon/Shaheen included) Falco peregrinus furuitii falcon, Volcano Islands peregrine Falco punctatus kestrel, Mauritius GALLIFORMES Cracidae Crax blumenbachii curassow, red-billed. mutum Crax (Mitu) mitu mitu curassow, razor-billed. mitu Oreophasis derbianus guan, horned Penelope albipennis guan, white-winged Alburra (Pipile) jacutinga guan, black-faced piping or black-fronted piping. black-fronted curassow jacutinga Alburra (Pipile) pipile pipile curassow, Trinidad white headed. Trinidad white headed piping guan Megapodiidae Macrocephalon maleo maleo (bird) or megapode Phasianidae Catreus wallichii pheasant, cheer Colinus virginianus ridgwayi bobwhite, masked Crossoptilon crossoptilon pheasant, white eared or Tibetan eared Crossoptilon mantchuricum pheasant, brown eared Lophophorus impeyanus monal, Himalayan or pheasant, (Himalayan) monal or Impeyan Lophophorus lhuysii pheasant Chinese. Chinese monal Lophophorus sclateri pheasant, Sclater's. Sclater's monal pheasant Lophura edwardsi pheasant, Edwards' Lophura imperialis pheasant, Imperial Lophura swinhoii pheasant, Swinhoe's Polyplectron emphanum pheasant, Palawan peacock Syrmaticus ellioti pheasant, Elliot's Syrmaticus humiae pheasant, Hume's or (Hume's) bar-tailed or Mrs Hume's Syrmaticus mikado pheasant, Mikado Tetraogallus caspius snowcock, Caspian Tetraogallus tibetanus snowcock, Tibetan Tragopan blythii tragopan, Blyth's Tragopan caboti tragopan, Cabot's Tragopan melanocephalus tragopan, western (horned) Tetraonidae Lagopus mutus japonicus ptarmigan, Japanese Tympanuchus cupido attwateri chicken, Attwater's (greater) prairie GRUIFORMES Gruidae Grus americana crane, whooping Grus canadensis nesiotes crane, Cuba sandhill Grus canadensis pulla crane, Mississippi sandhill Grus japonensis crane, Japanese or Manchurian or red crowned Grus japonicus crane, Japanese Grus leucogeranus crane, Siberian white or snow or great white Grus monacha crane, Hooded Grus nigricollis crane, black-necked or Tibetan Grus vipio crane, white-naped or (Japanese) white-necked Otidadae Choriotis nigriceps bustard, great Indian Chlamydotis undulata bustard, Houbara Eupodotis bengalensis bustard, Bengal or great. Bengal florican Pedionomidae Pedionomus torquatus plains-wanderer Rallidae Rallus (Tricholimnas) sylvestris rail, Lord Howe wood or woodhen, Lord Howe Island Rhynochetidae Rhynochetos jubatus kagu PASSERI FORMES Atrichornithidae Atrichornis clamosus scrub-bird, noisy. western scrub-bird Corvidae Garrulus lidthi jay, Lidth's or purple Cotingidae Cotinga maculata cotinga, spotted or banded Xipholena atropurpurea cotinga, white-winged Cracticidae Strepera graculina crissalis currawong, Lord Howe Island Fringillidae Carduelis (Chloris) sinica kittlitzi greenfinch, Bonin Spinus cucullatus siskin, red Meliphagidae Apalopteron familiare hahasima honey-eater, Hahajima Lichenostomus (Meliphaga) melanops cassidix honeyeater, helmeted Manorina melanotis miner, black-eared Muscicapidae Dasyornis brachypterus bristlebird, eastern or long billed Dasyornis broadbenti littoralis bristlebird, western Picathartes gymnocephalus rock-fowl, white-necked or bare-headed. white-necked picathartes. white-necked bald crow Picathartes soreas rock-fowl, grey-necked. grey-necked Amytornis dorotheae grasswren, carpentarian or red-winged Amytornis textilis textilis grasswren, thick-billed Malurus coronatus fairy-wren, purple-crowned Bradypterus pryeri pryeri swamp-warbler, Japanese Cettia diphone panafidinica bush-warbler, Torishima Psophodes nigrogularis whipbird, western Drymodes superciliaris colcloughi robin, northern scrub Erithacus komadori komadori robin, Ryukyu or Temminck's Erithacus komadori namiyei robin, Stejneger's Erithacus komadori subrufa robin, Yaeyama Turdus dauma thrush, Amami tiger amami Pardalotidae (Dicaeidae) Pardalotus quadragintus pardalote, forty-spotted Pittidae Pitta kochi pitta, Koch's Pycnonotidae Pycnonotus sinensis orii bulbul, lesser Chinese Sturnidae Leucopsar rothschildi starling, Rothschild's or white. Rothschild's or Bali mynah Troglodytidae Troglodytes troglodytes orii wren, Borodino Zosteropidae Zosterops albogularis silvereye, white-breasted. white-chested white eye PELECANI FORMES Fregatidae Fregata andrewsi frigate bird, Christmas Island Sulidae Sula abbotti booby, Abbott's PICIFORMES Picidae Campephilus imperialis woodpecker, imperial Picoides (Dendrocopos) leucotos owstoni woodpecker, Owston's white-backed Dryocopus javensis richardsi woodpecker, Tristram's or white-bellied black Picoides tridactylus inouyei woodpecker, Ezo three toed Sapheopipo noguchii woodpecker, Pryer's PODICIPEDI FORMES Podicipedidae Podilymbus gigas grebe, Atitlan (pied-billed) or giant pied-billed PROCELLARII FORMES Diomedeidae Diomedea albatrus albatross, short-tailed or Steller's Procellariidae Pterodroma leucoptera leucoptera petrel, Gould's Pterodroma solandri petrel, providence or Solander's Puffinus carneipes hullianus shearwater, Lord Howe Island flesh-footed or pale footed PSITTACI FORMES Psittacidae Amazona arausiaca amazon, red-necked jacquot Amazona barbadensis amazon, yellow-shouldered Amazona brasiliensis amazon, red-tailed Amazona guildingii amazon, St. Vincent. St. Vincent parrot Amazona imperialis amazon, imperial. imperial parrot Amazona leucocephala amazon, Cuban. Cuban or Bahamas or Bahaman parrot Amazona pretrei amazon, red-spectacled. red-spectacled parrot Amazona dufresniana (rhodocorytha) amazon, red-crowned. red-browned or red crowned parrot Amazona versicolor amazon, St. Lucia. St. Lucia parrot Amazona vinacea amazon. vinaceous. vinaceous (breasted) parrot Amazona vittata amazon. Puerto Rican or red-fronted. Puerto Rico or Puerto Rican parrot Anodorhynchus glaucus macaw, Glaucous Anodorhynchus leari macaw, Lear's or indigo Aratinga guarouba parakeet, golden. golden or Queen of Bavaria or Queen of Bavaria's conure Cyanopsitta spixii macaw, Spix's or little blue Cyanoramphus auriceps forbesi parakeet, Forbes' or yellow-fronted. Forbes' Kakariki Cyanoramphus novaezelandiae cookii parrot, Norfolk Island Cyclopsitta diophthalma coxeni fig-parrot, Coxen's Geopsittacus occidentalis parrot, night Neophema chrysogaster parrot, orange-bellied Pezoporus wallicus parrot, ground Pionopsitta pileata parrot, pileated or red capped Polytelis alexandrae parrot, Alexandra's Psephotus chrysopterygius parrot, golden-shouldered Psephotus dissimilis parrot, hooded Psephotus pulcherrimus parrot, paradise Psittacula krameri echo parakeet, Mauritius ring necked Psittacus erithacus princeps parrot, Fernando poo grey or principe Pyrrhura cruentata conure, blue-throated or red-rumped. ochre-marked parakeet Rhynchopsitta parrot, thick-billed or maroon-fronted Strigops habroptilus kakapo. owl parrot RHEIFORMES Rheidae Pterocnemia pennata rhea, Darwin's or lesser orpuna SPHENISCI FORMES Spheniscidae Spheniscus humboldti penguin, Humboldt or Peruvian owl, forest little. STRIGIFORMES Strigidae Athene blewitti forest spotted owl Ketupa (Bubo) blakistoni blakistoni owl, Blakiston's eagle or Blakiston's fish Ninox novaeseelandiae royana owl, Norfolk Island boobook Ninox squamipila natalis owl, Christmas Island (hawk-) Mimizuku (Otus) gurneyi owl, giant scops Tytonidae Tyto soumagnei owl, Soumagne's or Madagascar grass TINAMIFORMES Tinamidae Tinamus solitarius tinamou, solitary TROGONI FORMES Trogonidae Pharomachrus mocinno costaricensis quetzal, Costa Rica (resplendent) Pharomachrus mocinno mocinno quetzal, magnificent or Mexican resplendent Division 3—Class Mammalia Order Family Genus, species or sub species Common name ARTIODACTYLA Antilocapridae Antilocapra americana peninsularis pronghorn, Lower California or peninsular Antilocapra americana sonoriensis pronghorn, Sonoran Bovidae Bison bison athabascae bison, wood Bos gaurus ox, Indian wild. gaur. saladang. seladang Bos mutus (grunniens) yak, wild Bubalus (Anoa) depressicornis anoa, lowland Bubalus (Anoa) mindorensis tamaraw. tamarou Bubalus (Anoa) quarlesi anoa, mountain Capra falconeri chiltanensis markhor. Chiltan Capra falconeri jerdoni markhor, straight horned Capra falconeri megaceros markhor, Kabul Capricornis sumatraensis serow Hippotragus niger variani antelope, giant sable Nemorhaedus goral goral Novibos (Bos) sauveli kouprey Oryx leucoryx oryx, Arabian Ovis ammon hodgsoni sheep, great Tibetan. nyan Ovis orientalis ophion mouflon, Cyprian Ovis vignei urial. shapu. shapo Pantholops hodgsoni antelope, Tibetan. chiru. orong Rupicapra rupicapra ornata chamois, Abruzzi Camelidae Vicugna vicugna vicuna. vicugna Cervidae Axis (Hyelaphus) calamianensis deer, Calamian (hog) or Philippine Axis (Hyelaphus) kuhli deer, Kuhl's (hog) or Bawean (hog) Axis (Hyelaphus) porcinus annamiticus deer, Ganges hog or Thai hog Blastocerus dichotomus deer, marsh. guasu puca Cervus duvauceli deer, swamp. barasingha Cervus elaphus hanglu deer, Kashmir. Kashmir stag hangul Cervus eldi deer, brow-antlered or Eld's. thamin Dama mesopotamica deer, Persian fallow or Mesopotamian fallow Hippocamelus antisensis huemal, North Andean or Peruvian. taruca. Peruvian guemal Hippocamelus bisulcus huemal, South Andean or Chilean. Chilean guema Ozotoceros bezoarticus deer, Pampas Pudu pudu pudu, Chilean Suidae Babyrousa babyrussa babirusa. deer hog. babiroussa Sus salvanius hog, pygmy CARNIVORA Canidae Speothos venaticus dog, bush or savannah Vulpes velox hebes fox, northern kit or northern swift Felidae Acinonyx jubatus cheetah, or hunting leopard Felis bengalensis bengalensis cat, leopard Felis concolor coryi cougar, Florida. Florida puma Florida panther Felis concolor costaricensis puma, Costa Rica or Central American Felis concolor cougar cougar, eastern. eastern puma eastern panther Felis jacobita cat, mountain or Andean Felis marmorata cat, marbled Felis nigripes cat, black-footed Felis pardalis mearnsi ocelot, Costa Rican Felis pardalis mitis ocelot, Brazilian Felis planiceps cat, flat-headed Felis (Lynx) rufa escuinapae bobcat, Mexican Felis temmincki cat, Asiatic golden or Temminck's (golden) Felis tigrina oncilla cat, tiger or little spotted Felis wiedii nicaraguae margay, Nicaraguan Felis wiedii salvinia margay, Guatemalan Felis yagouaroundi cacomitli jaguarundi, eastern Mexico Felis yagouaroundi fossata jaguarundi, southern Mexico Felis yagouaroundi panamensis jaguarundi, Panaman Felis yagouaroundi tolteca jaguarundi, western Mexico Neofelis nebulosa leopard, clouded Panthera leo persica lion, Asiatic or Indian Panthera onca jaguar Panthera pardus (Sub-species of Panthera tigris other than Panthera tigris altaica (also known as Panthera tigris amurensis)) leopard Panthera uncia leopard, snow Hyaenidae Hyaena brunnea hyaena, brown Mustelidae Aonyx microdon otter, Cameroon clawless or small toothed clawless or small-clawed Enhydra lutris nereis otter, southern sea or Californian sea Lutra felina otter, marine. chungungo seat cat Lutra longicaudis (platensis/annectens) otter, long-tailed (LaPlata otter or South American otter or lobito de rio and Central American otter included) Lutra lutra otter, Eurasian or European (river) or Old World or common Lutra provocax otter, southern river. huillin Mustela nigripes ferret, black-footed Pteronura brasiliensis otter, giant or Brasilian Ursidae Helarctos malayanus bear, Malayan (sun) Selenarctos thibetanus bear, Himalayan (black) or Asiatic black Tremarctos ornatus bear, spectacled or Andean Ursus arctos isabellinus bear, red or Himalayan brown Ursus arctos nelsoni bear, Mexican (grizzli) Ursus arctos pruinosus bear, Tibet(an) brown Viverridae Prionodon pardicolor linsang, spotted. tiger civet EDENTATA Dasypodidae Priodontes giganteus (maximus) armadillo, giant LAGOMORPHA Leporidae Caprolagus hispidus rabbit, Assam. hispid hare Romerolagus diazi rabbit, volcano MARSUPIALIA Dasyuridae Sminthopsis longicaudata dunnart, long-tailed Sminthopsis psammophila dunnart, sandhill Macropodidae Bettongia bettong Caloprymnus campestris kangaroo, desert rat Lagorchestes asomatus hare-wallaby, central Lagorchestes hirsutus wallaby, rufous hare Lagorchestes leporides hare-wallaby, eastern Lagostrophus fasciatus wallaby, banded hare Macropus greyi wallaby, toolache Onychogalea fraenata wallaby, bridled nailtail Onychogalea lunata wallaby, crescent nailtail Petrogale rock-wallaby, proserpine Potorous longipes potoroo, long-footed Potorous platyops potoroo, broad-faced Myrmecobiidae Myrmecobius fasciatus numbat Peramelidae Chaeropus ecaudatus bandicoot, pig-footed Macrotis lagotis bilby, greater Macrotis leucura bilby, lesser Perameles bougainville bandicoot, western barred Perameles eremiana bandicoot, desert Petauridae Gymnobelideus leadbeateri possum, leadbeater's Thylacinidae Thylacinus cynocephalus thylacine Vombatidae Lasiorhinus krefftii wombat, northern hairy-nosed PERISSO DACTYLA Equidae Equus grevyi zebra, Grevy's Equus hemionus hemionus ass, Mongolian wild. kulan, oziggetai Equus hemionus khur ass, Indian wild. ghor khar khar Equus przewalskii horse, Przewalski's or Mongolian wild Equus zebra zebra zebra, Cape Mountain Rhinocerotidae (All species of Rhinocerotidae) rhinoceroses. rhinos Tapiridae Tapirus bairdii tapir, Central American or Baird's Tapirus indicus tapir, Malayan or Indian or Asian Tapirus pinchaque tapir, mountain or woolly PHOLIDOTA Manidae Manis temmincki pangolin, South African. scaly anteater PINNIPEDIA Otariidae Arctocephalus townsendi seal, Guadalupe fur or Lower California fur Phocidae Monachus seals, monk PRIMATES Callithricidae Callimico goeldii marmoset, Goeldi's. Goeldi's tamarin Callithrix aurita marmoset, white eared Callithrix flaviceps marmoset, buff headed Leontopithecus (Leontideus) tamarins, golden (lion) or pied Saguinus bicolor tamarin, pied Saguinus leucopus tamarin, white-footed Saguinus oedipus (geoffroyi) tamarin, cotton headed or cotton top. cotton-top or pinche marmoset liszet monkey (Geoffroy tamarin included) Cebidae Alouatta palliata (villosa) howler, Guatemalan + mantled Ateles geoffroyi frontatus monkey, black browed spider Ateles geoffroyi panamensis monkey, Panama spider or red (-bellied) spider Brachyteles arachnoides monkey, woolly spider Cacajao uakaris Chiropotes albinasus saki, white-nosed Saimiri oerstedii monkey, red-backed squirrel or Central American squirrel Cercopithecidae Cercocebus galeritus galeritus mangabey, Tana River (monkey) Cercopithecus diana (roloway) monkey, Diana (Roloway monkey included) Colobus badius kirkii colobus, Kirk's red or Zanzibar red Colobus badius rufomitratus colobus, Tana River red Macaca silenus macaque, lion-tailed or wanderoo Nasalis larvatus monkey, proboscis Papio (Mandrillus) leucophaeus drill Papio (Mandrillus) sphinx mandrill Presbytis entellus langur, entellus or true or hanuman or common Presbytis geei langur, golden Presbytis pileatus langur, capped or bonneted. capped monkey Presbytis potenziani langur, long-tailed. mentawi leaf monkey Pygathrix nemaeus langur, douc Simias concolor langur, pig-tailed or Mentawi Islands snub nosed or Pagi Island Daubentoniidae Daubentonia madagascariensis aye-aye Hylobatidae Hylobates gibbons Symphalangus syndactylus siamang Indriidae Avahi avahis or woolly lemurs or woolly indris Indri indris Propithecus sifakas Lemuridae Allocebus lemurs, hairy-eared dwarf Cheirogaleus lemurs, fat-tailed dwarf Hapalemur lemurs, gentle Lemur lemurs Lepilemur lemurs, sportive and weasel Microcebus lemurs, mouse Phaner lemurs, fork-marked mouse Pongidae (All species of Pongidae) apes, great PROBOSCIDEA Elephantidae Elephas maximus elephant, Asian or Indian RODENTIA Muridae Conilurus albipes tree-rat, rabbit-eared (rabbit-rat) Leporillus apicalis rat, lesser stick-nest Leporillus conditor rat, greater stick-nest or house-building Notomys amplus hopping-mouse, short tailed Notomys aquilo hopping-mouse, northern Notomys fuscus hopping-mouse, dusky Notomys longicaudatus hopping-mouse, long tailed Notomys macrotis hopping-mouse, big eared Notomys mordax hopping-mouse, Darling Downs Pseudomys fieldi mouse, Alice Springs Pseudomys fumeus mouse, smoky (false) Pseudomys praeconis mouse, Shark Bay (false) Xeromys myoides rat, false water Zyzomys pedunculatus rat, central rock or Macdonnel Range rock Sciuridae Cynomys mexicanus dog, Mexican prairie. Mexican prairie marmot SIRENIA Trichechidae Trichechus inunguis manatee, South American or Amazonian Trichechus manatus manatee, Caribbean or North American or West Indian Division 4—Class Mollusca Order Family Genus, species or sub species Common name NAIADOIDA Unionidae Conradilla caelata mussel, birdwing pearly. rimose naiad Dromus dromas mussel, dromedary pearly. dromedary naiad Epioblasma (Dysnomia) torulosa gubernaculum mussel, green-blossomed pearly. green-blossom naiad Epioblasma (Dysnomia) florentina curtisi mussel, Curtis pearly. Curtis' naiad Epioblasma (Dysnomia) florentina florentina mussel, yellow-blossom pearly. yellow-blossom naiad Epioblasma (Dysnomia) sampsoni mussel, Sampson's pearly. Sampson's naiad Epioblasma (Dysnomia) sulcata perobliqua mussel, white catspaw. white cats paw Epioblasma (Dysnomia) mussel, tuberculed-blossom torulosa torulosa pearly. tuberculed-blossom naiad Epioblasma (Dysnomia) turgidula mussel, turgid-blossom pearly. turgid-blossom naiad Epioblasma (Dysnomia) walkeri mussel, brown-blossom. tan riffle shell, brown-blossom naiad Fusconaia cuneolus mussel, fine-rayed pigtoe pearly. fine-rayed pigtoe Fusconaia edgariana mussel, pearly. shiny pigtoe Lampsilis higginsi mussel, pearly. Higgin's eye Lampsilis orbiculata orbiculata mussel, pearly. pink mucket Lampsilis satura mussel. plain pocketbook Lampsilis virescens mussel, Alabama lamp pearly. Alabama lamp naiad Plethobasus cicatricosus mussel, pearly. white wartyback Plethobasus cooperianus mussel. orange-footed pimpleback Pleurobema plenum mussel, pearly. rough pigtoe Potamilus (Proptera) capax mussel, pearly. fat pocketbook Quadrula intermedia mussel, Cumberland monkeyface. Cumberland monkey face Quadrula sparsa mussel, Appalachian monkeyface pearly. Appalachian monkey face Toxolasma (Carunculina) cylindrella mussel, pale lilliput pearly. pale lilliput naiad Unio (Megalonaias) nickliniana mussel, Nicklin's pearly Unio (Lampsilis) tampicoensis tecomatensis mussel, Tampico pearly Villosa (Micromya) trabalis mussel, pearly Cumberland bean Division 5—Class Pisces Order Family Genus, species or sub-species Common name ACIPENSERI FORMES Acipenseridae Acipenser brevirostrum sturgeon, shortnose CYPRINIFORMES Catostomidae Chasmistes cujus cui-ui Cyprinidae Probarbus jullieni ikan, temoleh. pla eesok (Thai), ikan temelian (Malay) OSTEOGLOSSI- Osteoglossidae Scleropages bonytongue, Asian or FORMES formosus Asiatic. kelesa, dragon fish, golden arowana PERCIFORMES Percichthyidae Maccullochella macquariensis cod, Trout Macquaria australasica perch, Macquarie Percidae Stizostedion vitreum glaucum walleye, blue. blue pickerel, blue pike Sciaenidae Cynoscion macdonaldi weakfish, MacDonald. totoaba SALMONIFORMES Prototroctidae Prototroctes maraena grayling, Australian Salmonidae Coregonus alpenae cisco, longjaw SILURIFORMES Schilbeidae Pangasianodon gigas catfish, giant Division 6—Class Reptilia Order Family Genus, species or sub-species Common name CROCODYLIA Alligatoridae Alligator sinensis alligator, China or Chinese Caiman crocodilus apaporiensis caiman, Rio Apaporis (septacled) or Apaporis River Caiman latirostris caiman, broad-nosed or broad snouted Melanosuchus niger caiman, black Crocodylidae Crocodylus acutus crocodile, American Crocodylus cataphractus crocodile, African slender snouted or African sharp nosed Crocodylus intermedius crocodile, Orinoco Crocodylus moreletii crocodile, Morelet's Crocodylus niloticus crocodile, Nile or African Crocodylus novaeguineae mindorensis crocodile, Mindoro or Philippine Crocodylus palustris crocodile, marsh or broad snouted or mugger Crocodylus rhombifer crocodile, Cuban Crocodylus siamensis crocodile, Siamese Osteolaemus tetraspis crocodile, (African) dwarf Tomistoma schlegelii gavial, false. tomistoma, (crocodile) false gharial Gavialidae Gavialis gangeticus gavial, (Indian). gharial RHYNCHOCE PHALIA Sphenodontidae sphenodon punctatus Tuatara SAURIA Iguanidae Brachylophus iguanas, banded and Fiji crested Cyclura iguanas, West Indian rock or ground Sauromalus varius chuckwalla, San Esteban Island Varanidae Varanus bengalensis monitor, Indian or Bengal Varanus flavescens monitor, yellow or ruddy snub-nosed. yellow land or (Indian) oval-grain lizard Varanus griseus monitor, grey or desert Varanus komodoensis monitor, Komodo (Island). ora. Komodo dragon SERPENTES Boidae Acrantophis boas, Madagascar Bolyeria boas, Round Island Casarea boas, keel-scaled or Round Island Epicrates inornatus boa, Puerto-Rican or yellow tree. culebra grande Epicrates subflavus boa, Jamaca(n) Python molurus molurus python, Indian (rock) or tiger Sanzinia madagascariensis boa, Madagascar tree. sanzinia SQUAMATA Elapidae Hoplocephalus bungaroides snake, broad-headed Neelaps calonotus snake, black-striped Pygopodidae Aprasia parapulchella lizard, flap-footed Ophidiocephalus taeniatus lizard, bronzebacked legless Scincidae Ctenotus lancelini skink, Lancelin Island striped Lerista lineata skink, lined burrowing Pseudemoia palfreymani skink, Pedra Branca TESTUDINATA Chelidae Pseudemydura umbrina turtle, short-necked (swamp) or (western) swamp Cheloniidae (All species of Cheloniidae) turtles, (true) sea Dermochelyidae Dermochelys coriacea turtle, leathery or leather backed or luth Emydidae Batagur baska terrapin, river. tuntong, common batagur Geoclemys (Damonia) hamiltonii turtle, black pond or spotted pond. Hamilton's terrapin Geoemyda (Nicoria) tricarinata turtle, three-keeled or Asian three-keeled. Bengal three keeled land terrapin or three keeled. land tortoise Kachuga tecta tecta turtle, Indian tent or Indian roof(ed) or Indian sawback or dura Morenia ocellata turtle, Burmese swamp or Burmese peacock. Bengal eyed terrapin Terrapene coahuila turtle, Aquatic box. water box. coahuila Testudinidae Geochelone (Testudo) elephantopus tortoise, Galapagos giant Geochelone (Testudo) radiata tortoise, (Madagascar) radiated Geochelone (Testudo) yniphora tortoise, Madagascar or angulated. angonoka Gopherus flavomarginatus tortoise, Bolson or Mexican giant gopher Psammobates (Testudo) geometricus tortoise, geometric Trionychidae Lissemys punctata punctata turtle, Indian flap-shell(ed) or flap-shell(ed) spotted Trionyx ater turtle, black soft-shell(ed) or black mud or Cuatro Cienagas soft-shell(ed) Trionyx gangeticus turtle, Ganges soft-shell(ed) or Indian soft-shell(ed) Trionyx hurum turtle, peacock-marked soft shell(ed) or brown soft shell(ed) or peacock soft shell(ed) Trionyx nigricans turtle, dark-coloured soft shell(ed) or sacred black mud Part III—Populations of animals Population of animals of the species Falco rusticolus (gyrfalcon) in Greenland or in areas outside North America Population of animals of the species Moschus moschiferus in the Himalayas Population of animals of the species Canis lupus (wolf) in Bhutan, India, Nepal or Pakistan Population of animals of the species Felis caracal (lynx, desert. caracal) in Asia Population of animals of the species Felis rubiginosa (cat, rusty spotted) in India Population of animals of the species Ursus arctos (bear, brown or grizzly) in Italy Population of animals of the genus Chinchilla in South America Population of animals of the species Dugong dugon in areas outside Australia Population of animals of the species Crocodylus porosus in areas outside Papua New Guinea Part IV—Plants Family Genus, species or sub species Common name Apocynaceae Pachypodium namaquanum Araceae Alocasia sanderana Alocasia zebrina Cactaceae Ariocarpus agavoides cactus, living rock Ariocarpus scapharostrus cactus, living rock Aztekium ritteri cactus, aztec Echinocereus lindsayi cactus, Lindsay's Obregonia denegrii peyote or cactus, artichoke Pelecyphora aselliformis cactus, hatchet Pelecyphora strobiliformis cactus, pine cone Caryocaraceae Caryocar costaricense Caryophyllaceae Gymnocarpos przewalskii Melandrium mongolicus Silene mongolica Stellaria pulvinata Cupressaceae Fitzroya cupressoides larch, Chilean false. alerce Pilgerodendron uviferum Cycadaceae Microcycas calocoma Gentianaceae Prepusa hookeriana prepusa, scarlet flowered or white flowered Humiriaceae Vantanea barbourii chiricana, ira Juglandaceae Engelhardtia pterocarpa Leguminosae Ammopiptanthus mongolicum Cynometra hemitomophylla Platymiscium pleiostachyum macawood, quira Tachigalia versicolor Liliaceae Aloe albida Aloe pillansii Aloe polyphylla aloe, apiral Aloe thorncropftii Aloe vossii Melastomataceae Lavoisiera itambana Meliaceae Guarea longipetiola musk-wood Moraceae Batocarpus costaricensis Nepenthaceae Nepenthes rajah pitcher-plant, giant tropical Orchidaceae Cattleya skinneri cattleya, skinner's. white nun Cattleya trianae orchid, Charistmas. winter cattleya Didiciea cunninghamii Laelia jongheana Laelia lobata Peristeria elata orchid, dove or holy ghost. dove or holy ghost flower Renanthera imschootiana vanda, red Vanda coerulea vanda, blue Pinaceae Abies guatemalensis fir, guatemalan. pinabete Abies nebrodensis Podocarpaceae Podocarpus costalis Podocarpus parlatorei podocarp, Parlatore's Proteaceae Orothamnus zeyheri marsh-rose Protea odorata Rubiaceae Balmea stormae ayugue Sarraceniaceae Sarracenia alabamensis alabamensis pitcher-plant, Alabama canebrake Sarracenia jonesii pitcher-plant, Jones' or mountain sweet Sarracenia oreophila pitcher-plant, green head, Hottentot's Saxifragaceae (Grossulariaceae) Ribes sardoum Stangeriaceae Stageria eriopus Ulmaceae Celtis aetnensis nettle-tree Welwitschiaceae Welwitschia bainesii Zamiaceae Encephalartos trees, bread. bread-palms Zingiberaceae Hedychium philippinense garland-flower, Philippine SCHEDULE 2-Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 29 and 37 apply Sections 21, 22, 29 and 37 Part I—Specimens A specimen that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part II A specimen that is, or is derived from, an animal that is, or has been, part of a population specified in Part III A specimen, other than a seed or spore, that is, or is derived from, a plant of a genus, species or sub-species specified, or described, in Part IV A specimen, other than a seed or spore, that is, or is derived from, a plant that is, or has been, part of the population of plants of the family Chloanthaceae in Australia A plant (whether alive or dead), and timber from a plant, that is, or has been, part of the population of plants of the species Araucaria araucana outside Chile A plant (whether alive or dead), and the roots of a plant, of the species Panax quinquefolius A plant (whether alive or dead), and the roots of a plant, of the species Saussurea lappa A plant (whether alive or dead), and the trunk of a plant, of any species of the family Cyatheaceae A plant (whether alive or dead), and the trunk of a plant, of any species of the family Dicksoniaceae A plant (whether alive or dead), and the roots of a plant, of the species Dioscorea deltoidea A plant (whether alive or dead), and timber from a plant, of the species Quercus copeyensis A plant (whether alive or dead), and timber from a plant, of the species Swietenia humilis A plant (whether alive or dead), and timber from a plant, of the species Basiloxylon excelsum A plant (whether alive or dead), and timber from a plant, of the species Guaiacum sanctum Part II—Animals Division 1—Class Amphibia Order Family Genus, species or sub species Common name URODELA Ambystomidae Ambystoma dumerilii salamander, Lake Patzcuaro. achoque Ambystoma lermaensis salamander, Lake Lerma Ambystoma mexicanum salamander. axolotl Bufonidae Bufo retiformis toad, sonoran green Division 2—Class Anthozoa Order Family Genus, species or sub-species Common name ANTIPATHARIA (All species of ANTIPATHARIA) corals, black. antipatharians Division 3—Class Aves Order Family Genus, species or sub-species Common name ANSERI FORMES Anatidae Anas aucklandica aucklandica teal, Auckland Island flightless Anas aucklandica chlorotis teal, New Zealand brown Anas bernieri teal, Madagascar Anser albifrons gambelli goose, tule white fronted Branta ruficollis goose, red-breasted Coscoroba coscoroba coscoroba (swan) Cygnus bewickii jankowskii swan, Jankowski's or eastern Bewick's Cygnus melanocoryphus swan, black-necked Dendrocygna arborea duck, Cuban tree or black-billed whistling Sarkidiornis melanotos duck, comb or knob billed CHARADRII FORMES Laridae Larus brunnicephalus gull, brown-headed or Indian black headed Scolopacidae Numenius minutus curlew, little or Siberian baby or pigmy Numenius tenuirostris curlew, slender-billed or long-billed CICONII FORMES Ciconiidae Ciconia nigra stork, black Phoeni copteridae Phoenicoparrus andinus flamingo, Andean Phoenicoparrus jamesi flamingo, James' Phoenicopterus chilensis flamingo, Chilean Phoenicopterus ruber ruber flamingo, Caribbean or American or Cuban or rosy or West Indian Threski ornithidae Geronticus calvus ibis, (southern) bald Platalea leucorodia spoonbill, white or Eurasian COLUMBI FORMES Columbidae Gallicolumba luzonica dove, bleeding heart. bleeding heart pigeon Goura cristata pigeon, common crowned or blue crowned. great goura Goura scheepmakeri pigeon, Scheepmarker's crowned or maroon breasted crowned. masked goura Goura victoria pigeon, victoria crowned. Victoria goura CORACII FORMES Bucerotidae Aceros narcondami hornbill, Narcondam (Sub-species of Buceros bicornis, other than Buceros bicornis homrai) hornbill, great Indian or great pied Buceros hydrocorax hydrocorax hornbill, Philippine or Luzon rufus Buceros rhinoceros rhinoceros hornbill, Malayan rhinoceros CUCULI FORMES Musophagi dae Tauraco (Gallirex) porphyreolophus turaco, purple crested or violet crested Tauraco corythaix turaco, knysna or helmeted FALCONI FORMES Accipitridae (Species of Accipitridae, other than— (a) species specified in Part II of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Accipitridae a sub-species of which is specified in Part II of Schedule 1, other than sub species so specified) Falconidae (Species of Falconidae, other than— (a) species specified in Part II of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Falconidae a sub-species of which is specified in Part II of Schedule 1, other than sub species so specified) Pandionidae (species of Pandionidae) Sagittariidae (species of Sagittariidae) GALLIFORMES Megapodii dae Megapodius freycinet abbotti fowl, Abbott's scrub. Abbott's megapode Megapodius freycinet nicobariensis fowl, Nicobar scrub. Nicobar megapode Phasianidae Argusianus argus pheasant, great argus Cyrtonyx montezumae montezumae quail, Massena harlequin or Montezuma Francolinus ochropectus francolin, Tadjoura or pale-bellied Francolinus swierstrai francolin, Swierstra's Gallus sonneratii fowl, Sonnerat's jungle or grey jungle Ithaginis cruentus pheasant, blood Pavo muticus peafowl, Green Polyplectron bicalcaratum pheasant, grey peacock or common peacock or Burmese peacock Polyplectron germaini pheasant, Germain's peacock Polyplectron malacense pheasant, Malay (sian) peacock Tetrao (Lyrurus) mlokosiewiczi grouse, Caucasian black. Caucasian blackcock GRUIFORMES Gruidae Balearica regulorum crane, South African crowned Grus canadensis pratensis crane, Florida sandhill Otididae Otis tarda bustard, great Rallidae Gallirallus australis hectori rail, eastern weka or New Zealand wood Turnicidae Turnix melanogaster button-quail, black breasted PASSERI FORMES Cotingidae Rupicola peruviana cock-of-the-rock, Andean or red or scarlet or Peruvian Rupicola rupicola cock-of-the-rock, Guianan or orange or smaller or common Estrildidae Emblema oculata finch, red-eared firetail Poephila cincta cincta finch, black-throated Fringillidae Carduelis (spinus) yarrellii siskin, yellow-faced Hirundinidae Pseudochelidon sirintarae martin, white-eyed river Muscicapi dae Niltava (Muscicapa) ruecki flycatcher, Rueck's blue Paradisaei dae (all species of Paradisaeidae) birds of paradise Pittidae Pitta brachyura nympha pitta, Japanese fairy or blue-winged PELECANI FORMES Pelicanidae Pelecanus crispus pelican, Dalmation PICIFORMES Picidae Picus squamatus flavirostris woodpecker, western scaly or western scaly-bellied green PSITTACI FORMES (Species of PSITTACIFORMES, other than— (a) species specified in Part II of Schedule 1; (b) species a sub-species of which is specified in Part II of Schedule 1; and (c) Melopsittacus undulatus, Nymphicus hollandicus and Psittacula krameri) (Sub-species of species of PSITTACIFORMES a sub species of which is specified in Part II of Schedule 1, other than sub-species so specified) RHEIFORMES Rheidae Rhea americana albescens rhea, Argentine (greater) or Argentine (common) SPHENISCI FORMES Spheniscidae Spheniscus demersus penguin, black-footed or jackass STRIGI FORMES (Species of STRIGIFORMES, other than— (a) species specified in Part II of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of STRIGIFORMES a sub-species of which is specified in Part II of Schedule 1, other than sub species so specified) TINAMI FORMES Tinamidae Rhynchotus rufescens maculicollis tinamou, Bolivian rufous or Bolivian red-winged Rhynchotus rufescens pallescens tinamou, Argentine rufous or Argentine red-winged Rhynchotus rufescens rufescens tinamou, Brazilian rufous or Brazilian red-winged Division 4—Class Insecta Order Family Genus, species or sub- Common name species LEPIDOPTERA Papilionidae Ornithoptera (sensu D'Abrera) butterflies, birdwing Parnassius apollo butterfly, apollo. mountain apollo Trogonoptera (sensu D'Abrera) butterflies, birdwing Troides (sensu D'Abrera) butterflies, birdwing Division 5—Class Mammalia Order Family Genus, species or sub species Common name ARTIODAC TYLA Antilocapridae Antliocapra americana mexicana pronghorn, Mexican Bovidae Addax nasomaculatus addax (Sub-species of Capra falconeri not specified in Part II of Schedule 1) markhor Cephalophus monticola duiker, blue (antelope) Damaliscus dorcas dorcas bontebok (antelope) Hippotragus equinus antelope, roan Kobus leche lechwe (antelope) Oryx dammah (tao) oryx, scimitar-horned or white (Sub-species of Ovis ammon not specified in Part II of Schedule 1) sheep, Marco Polo. argali Ovis canadensis sheep, bighorn or mountain Camelidae Lama guanicoe guanaco Cervidae Cervus elaphus bactrianus deer, Bactrian (red) or Bokharan. Bactrian wapiti (Species of Moschus, other than— (a) species specified in Part II or Part III of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) Pudu mephistophiles pudu, northern Hippopotamidae Choeropsis liberiensis hippopotamus pygmy CARNIVORA Canidae Chrysocyon brachyurus wolf, maned Cuon alpinus dog, Asiatic wild or Indian wild. dhole Dusicyon culpaeus fox, Colpeo or red or culpeo Dusicyon fulvipes fox, Chiloe Dusicyon griseus fox, Argentine grey or little or chico grey. chilla Vulpes cana fox, Blanford's or Afghan or dog or steppe. corsac Felidae (Species of Felidae other than— (a) species specified in Part II or Part III of Schedule 1; (b) species a sub-species of which is specified in Part II of Schedule 1; (c) Panthera tigris; and (d) Felis catus (Sub-species of species of Felidae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified) (Panthera tigris altaica (also known as Panthera tigris amurensis)) Mustelidae Conepatus humboldti skunk, Patagonian (Species of sub-family Lutrinae not specified in Part II of Schedule 1) otters Procyonidae Ailurus fulgens panda, lesser or red. red cat-bear Ursidae Ursus (Thalarctos) maritimus bear, Polar Viverridae Cryptoprocta ferox fossa (cat) Cynogale bennetti otter, civet Eupleres goudotii mongoose, Malagasy or small-toothed. mongoose slender fanalouc Eupleres major mongoose, great falanouc or great Malagasy or great small toothed. taller fanalouc Fossa fossa civet, Malagasy. fanaloka (civet) Hemigalus derbyanus civet, banded palm, Hardwick's civet banded musang EDENTATA Bradypodidae Bradypus boliviensis sloth, Bolivian three toed Myrmeco phagidae Myrmecophaga tridactyla anteater, giant Tamandua tetradactyla chapadensis anteater, mato gross collared. mato grosso tamandua INSECTIVORA Erinaceidae Erinaceus frontalis hedgehog, cape or southern African LAGOMORPHA Leporidae Nesolagus netscheri rabbit, Sumatra (short eared) MARSUPIALIA Burramyidae Burramys parvus possum, mountain pigmy Macropodidae Dendrolagus bennettianus kangaroo, Bennett's tree Dendrolagus inustus kangaroo, grizzled grey tree Dendrolagus lumholtzi kangaroo, Lumholtz's tree Dendrolagus ursinus kangaroo, black tree Phalangeridae Phalanger maculatus cuscus, common spotted Phalanger orientalis cuscus, grey MONO TREMATA Tachyglossidae (Species of Zaglossus indigenous to Papua New Guinea or Indonesia) echidnas, New Guinea long-nosed or long snouted or anteaters, New Guinea long-nosed spiny or New Guinea egg-laying PERISSO DACTYLA Equidae (Sub-species of Equus hemionus not specified in Part II of Schedule 1) Equus zebra hartmannae zebra, Hartmann's mountain Tapiridae Tapirus terrestris tapir, Brazilian or South American PHOLIDOTA Manidae Manis crassicaudata pangolin, Indian Manis javanica pangolin, Malayan Manis pentadactyla pangolin, Chinese PINNIPEDIA Otariidae (Species of Arctocephalus not specified in Part II of Schedule 1) Phocidae Mirounga angustirostris seal, northern elephant Mirounga leonina seal, southern elephant or South Atlantic elephant PRIMATES (Species of Primates, other than— (a) species specified in Part II of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Primates a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified) PROBOSCIDEA Elephantidae Loxodonta africana elephant, African RODENTIA Heteromyidae Dipodomys phillipsii phillipsii rat, Phillip's kangaroo Muridae Notomys mice, Australian hopping— Pseudomys shortridgei mouse, heath or Shortridge's (false) or Shortridge's native. blunt-faced rat Sciuridae Lariscus hosei squirrel, four striped ground Ratufa squirrels, giant SIRENIA Trichechidae Trichechus senegalensis manatee, West African TUBULI DENTATA Orycteropo didae Orycteropus afer aardvark or ant bear Division 6—Class Mollusca Order Family Genus, species or sub species Common name ANISOMYARIA Mytilidae Mytilus chorus NAIADOIDA Unionidae Cyprogenia aberti mussel, edible pearly. the edible naiad Epioblasma (Dysnomia) torulosa rangiana mussel. tan-blossomed pearly. tan-blossom naiad Fusconaia subrotunda mussel, long solid. long solid naiad Lampsilis brevicula mussel, Ozark lamp pearly. Ozark lamp naiad Lexingtonia dolabelloides mussel. slab sided naiad Pleurobema clava mussel, club pearly. club naiad PROSO BRANCHIA Hydrobiidae Coahuilix hubbsi snail, Coahuiliz de Hubbs Cochliopina milleri snail, Miller's Durangonella coahuilae snail, Durangonellode Coahuila Mexipyrgus carranzae snail, Mexipyrgus de Carranza Mexipyrgus churinceanus snail, Mexipyrgus de Churince Mexipyrgus escobedae snail, Mexipyrgus de Escobeda Mexipyrgus lugoi snail, Mexipyrgus de Lugo Mexipyrgus mojarralis snail, Mexipyrgus de West el Mojarral Mexipyrgus multilineatus snail, Mexipyrgus de East el Mojarral Mexithauma quadripaludium snail, Mexithauma de Cienegas Nymphophilus minckleyi snail, Numphophilus de Minckley Paludiscala caramba snail, Paludiscala de Oro STYLOMMA TOPHORA Camaenidae Papustyla (Papuina) pulcherrima snail, green tree or emerald green or Manus Island tree Paryphantidae (Species of Paryphanta indigenous to New Zealand) snails, New Zealand amber Division 7—Class Pisces Order Family Genus, species or sub-species Common name ACIPENSERI FORMES Acipenseridae Acipenser fulvescens sturgeon, lake Acipenser oxyrhynchus sturgeon, Atlantic Acipenser sturio sturgeon, common or Baltic ATHERINI FORMES Cyprinodontidae Cynolebias constanciae pearlfish. annual tropical killifish Cynolebias marmoratus pearlfish, ginger. annual tropical killifish Cynolebias minimus pearlfish, minute. annual tropical killifish Cynolebias opalescens pearlfish, opalescent. annual tropical killifish Cynolebias splendens pearlfish, splendid. annual tropical killifish Poeciliidae Xiphophorus couchianus platyfish, monterrey CERATODI FORMES Ceratodidae Neoceratodus forsteri lungfish, Australian or Queensland. ceratodus COELACANTHI FORMES Coelacanthidae Latimeria chalumnae coelacanth CYPRINI FORMES Cyprinidae Caecobarbus geertsi fish, African blind barb. Congo blinds bard Plagopterus argentissimus woundfin Ptychocheilus lucius squawfish, Colorado River or Colorado OSTEOGLOSSI FORMES Osteoglossidae Arapaima gigas arapaima. pirarucu SALMONI FORMES Salmonidae Salmo chrysogaster trout, Mexican golden Stenodus leucichthys leucichthys beloribitsa Division 8—Class Reptilia Order Family Genus, species or sub species Common name CROCODYLIA Alligatoridae (Species of Alligatoridae, other than— (a) species specified in Part II of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Alligatoridae a sub-species of which is specified in Part II of Schedule 1, other than sub species so specified) Crocodylidae (Species of Crocodylidae, other than— (a) species specified in Part II or III of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Crocodylidae a sub-species of which is specified in Part II of Schedule 1, other than sub species so specified) SAURIA Agamidae Uromastyx lizards, spiny-tailed or dabb or palm. mastigures. spiny tailed agamids Chamaeleonidae Chamaeleo chamaeleons Cordylidae Cordylus lizards, girdled Pseudocordylus lizards, crag Gekkonidae Cyrtodactylus serpensinsula gecko, Serpent Island Phelsuma geckos, day Helodermatidae Heloderma lizards, poisonous or bearded gila monster Iguanidae Amblyrhynchus cristatus iguana, Galapagos marine Conolophus iguanas, (Galapagos) land. land lizards Iguana iguanas, (common) Phrynosoma coronatum blainvillei lizard, San Diego horned or Blainville horned Pygopodidae Paradelma orientalis lizard, Queensland snake or Queensland flap-footed Teiidae Cnemidophorus hyperythrus whiptail, orange throated (lizard). orange-throated racerunner Crocodilurus lacertinus lizard, dragon. dragon lizardet Dracaena guianensis lizard, caiman or four-foot caiman. armoured teyou croco-teju Tupinambis lizards, tegu Varanidae (Species of Varanus not specified in Part II of Schedule 1) SERPENTES Boidae (Species of Boidae, other than— (a) species specified in Part II of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Boidae a sub-species of which is specified in Part II of Schedule 1, other than sub species so specified) Colubridae Cyclagras gigas cobra, (South American) false or South American water or beach. surucucu Elachistodon westermanni snake, Indian egg eating or Westermann's Indian egg-eater Pseudoboa cloelia snake, mussurana musurana Thamnophis elegans hammondi snake, two-striped garter TESTUDINATA Dermatemydidae Dermatemys mawii turtle, Central American river Emydidae Clemmys muhlenbergi turtle, bog or Mulhenberg's Pelomedusidae Podocnemis turtle, river or sideneck Testudinidae (Species of Testudidae not specified in Part II of Schedule 1) Part III—Populations of animals Population of animals of the sub-species Cyrtonyx montezumae mearnsi outside the United States of America Population of animals of the species Moschus moschiferus in areas outside the Himalayas Population of animals of the species Canis lupus outside Bhutan, India, Nepal and Pakistan Population of animals of the species Felis caracal in areas outside Asia Population of animals of the species Felis rubiginosa in areas outside India Population of animals of any sub-species of the species Ursus arctos (other than sub species specified in Schedule 1) in North America Population of animals of the species Dugong dugon in Australia Part IV—Plants Family Genus, species or sub-species Common name Apocynaceae (Species of Pachypodium not specified in Part IV of Schedule 1) trunks; elephant's. halfmen Ascelpiadaceae Ceropegia Frerea indica Byblidaceae Byblis byblis. rainbow plants Cactaceae (Species of Cactaceae indigenous to the Americas) Rhipsalis cacti; coral Cephalotaceae Cephalotus follicularis pitcher-plant, Albany or Western Australian Cycadaceae (Species of Cycadaceae not specified in Part IV of Schedule 1) Didiereaceae (All species of Didiereaceae) Euphorbiaceae (Species of Euphorbia that are not succulent) Haemodoraceae Anigozanthos paws, kangaroo Macropidia fuliginosa paw, black kangaroo Leguminosae Thermopsis mongolica Liliaceae (Species of Aloe not specified in Part IV of Schedule 1) Myrtaceae Verticordia featherflowers or cauliflowers Orchidaceae (Species of Orchidaceae, other than— (a) species specified in Part IV of Schedule 1; and (b) species a sub-species of which is specified in Part IV of Schedule 1) (Sub-species of species of Orchidaceae a sub species of which is specified in Part IV of Schedule 1, other than sub-species so specified) Palmae Areca ipot Chrysalidocarpus decipiens palm, butterfly Chrysalidocarpus lutescens palm, Madagascar Neodypsis decaryi Phoenix hanceana var philippinensis Zalacca clemensiana Portulacaceae Anacampseros purselanes Primulaceae Cyclamen cyclamens Proteaceae Banksia banksias Conospermum smokebushes, conosperma Dryandra formosa dryandra, showy Dryandra polycephala dryandra, many-headed Xylomelum pears, woody or wooden Rutaceae Boronia boronias Crowea croweas Geleznowia verrucosa Sarraceniaceae Darlingtonia californica pitcher-plant, California or western. cobra lily Solanaceae Solanum sylvestre Stangeriaceae (Species of Stangeriaceae not specified in Part IV of Schedule 1) Thymelaeaceae Pimelea physodes bell, qualup, bluebeard, lignum-vitae, holy wood, tree of life Verbenaceae Caryopteris mongolica bluebeard Welwitschiaceae (Species of Welwitschiaceae not specified in Part IV of Schedule 1) Zamiaceae (Species of Zamiaceae not specified in Part IV of Schedule 1) SCHEDULE 2A--Cites APPENDIX - NOTES III specimens Sections 22, 35 and 38A Part I—Specimens A specimen, other than faeces, that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part II. A specimen, that is, or is derived from, a plant of a genus, species or sub-species specified, or described, in Part III, other than: * a seed, spore, pollen (including pollinia), a tissue culture or flasked seedling culture; or * a part or derivative of the specimen that is not readily recognisable. Part II—Animals Order/Family Genus, species or sub-species Country Common name Division 1—Class Mammalia CHIROPTERA BATS Phyllostomidae Vampyrops lineatus Uruguay EDENTATA SLOTHS Myrmecophagidae Tamandua tetradactyla Guatemala Megalonychidae Choloepus hoffmanni Costa Rica Dasypodidae Cabassous centralis Costa Rica Cabassous tatouay Uruguay RODENTIA SQUIRRELS Sciuridae Epixerus ebii Ghana Marmota caudata India Marmota himalayana India Sciurus deppei Costa Rica Anomaluridae Anomalurus beecrofti Ghana Anomalurus derbianus Ghana Anomalurus pelii Ghana Idiurus macrotis Ghana Hystricidae Hystrix cristata Ghana Erethizontidae Sphiggurus mexicanus Honduras Sphiggurus spinosus Uruguay Agoutidae Agouti paca Honduras Dasyproctidae Dasyprocta punctata Honduras CARNIVORA DOGS, WOLVES, COYOTES, JACKALS, FOXES Canidae Canis aureus India Vulpes bengalensis India Vulpes vulpes griffithi India Vulpes vulpes montana India Vulpes vulpes pusilla India Procyonidae Bassaricyon gabbii Costa Rica Bassariscus sumichrasti Costa Rica Nasua narica Honduras Nasua nasua solitaria Uruguay Potos flavus Honduras Mustelidae Eira barbara Honduras Galictis vittata Costa Rica Martes flavigula India Martes foina intermedia India Mellivora capensis Botswana, Ghana Mustela altaica India Mustela erminea ferghanae India Mustela kathiah India Mustela sibirica India Viverridae Arctictis binturong India Civettictis civetta Botswana Paguma larvata India Paradoxurus hermaphroditus India Paradoxurus jerdoni India Viverra civettina India Viverra zibetha India Viverricula indica India Herpestidae Herpestes javanicus auropunctata India Herpestes edwardsi India Herpestes brachyurus fusca India Herpestes smithii India Herpestes urva India Herpestes vitticollis India Protelidae Proteles cristatus Botswana PINNIPEDIA EARED SEALS Odobenidae Odobenus rosmarus Canada ARTIODACTYLA PRONGHORNS, ANTELOPES, CATTLE, DUIKERS, GAZELLES, SHEEP Tragulidae Hyemoschus Ghana aquaticus Cervidae Cervus elaphus barbarus Tunisia Mazama americana cerasina Guatemala Odocoileus virginianus mayensis Guatemala Bovidae Antilope cervicapra Nepal Bubalus arnee Nepal Damaliscus lunatus Ghana Gazella cuvieri Tunisia Gazella dorcas Tunisia Gazella leptoceros Tunisia Tetracerus quadricornis Nepal Tragelaphus eurycerus Ghana Tragelaphus spekii Ghana Division 2—Aves CICONIIFORMES STORKS Ardeidae Ardea goliath Ghana Bubulcus ibis Ghana Casmerodius albus Ghana Egretta garzetta Ghana Ciconiidae Ephippiorhynchus senegalensis Ghana Leptoptilos crumeniferus Ghana Threskiornithidae Bostrychia hagedash Ghana Bostrychia rara Ghana Threskiornis aethiopicus Ghana ANSERIFORMES DUCKS, GEESE, SWANS Anatidae Alopochen aegyptiacus Ghana Anas acuta Ghana Anas capensis Ghana Anas clypeata Ghana Anas crecca Ghana Anas penelope Ghana Anas querquedula Ghana Aythya nyroca Ghana Cairina moschata Honduras Dendrocygna autumnalis Honduras Dendrocygna bicolor Ghana, Honduras Dendrocygna viduata Ghana Nettapus auritus Ghana Plectropterus gambensis Ghana Pteronetta hartlaubii Ghana FALCONIFORMES Cathartidae Sarcoramphus papa Honduras GALLIFORMES PHEASANTS, GROUSE Cracidae Crax alberti Colombia Crax daubentoni Colombia Crax globulosa Colombia Crax rubra Colombia, Costa Rica, Guatemala, Honduras Ortalis vetula Guatemala, Honduras Pauxi pauxi Colombia Penelope purpurascens Honduras Penelopina nigra Guatemala Phasianidae Agelastes meleagrides Ghana Agriocharis ocellata Guatemala Arborophila Malaysia charltonii Arborophila orientalis Malaysia Caloperdix oculea Malaysia Lophura erythrophthalma Malaysia Lophura ignita Malaysia Melanoperdix nigra Malaysia Polyplectron inopinatum Malaysia Rhizothera longirostris Malaysia Rollulus rouloul Malaysia Tragopan satyra Nepal CHARADRIIFORMES Burhinidae Burhinus bistriatus Guatemala COLUMBIFORMES DOVES, PIGEONS Columbidae Columba guinea Ghana Columba Ghana iriditorques Columba livia Ghana Columba mayeri Mauritius Columba unicincta Ghana Oena capensis Ghana Streptopelia decipiens Ghana Streptopelia roseogrisea Ghana Streptopelia semitorquata Ghana Streptopelia senegalensis Ghana Streptopelia turtur Ghana Streptopelia vinacea Ghana Treron calva Ghana Treron waalia Ghana Turtur abyssinicus Ghana Turtur afer Ghana Turtur brehmeri Ghana Turtur tympanistria Ghana PSITTACIFORMES PARROTS Psittacidae Psittacula krameri Ghana CUCULIFORMES TURACOS Musophagidae Corythaeola cristata Ghana Crinifer piscator Ghana Musophaga violacea Ghana PICIFORMES TOUCANS Capitonidae Semnornis ramphastinus Colombia Ramphastidae Baillonius bailloni Argentina Pteroglossus castanotis Argentina Ramphastos dicolorus Argentina Selenidera maculirostris Argentina PASSERIFORMES COTINGAS Cotingidae Cephalopterus ornatus Colombia Cephalopterus penduliger Colombia Muscicapidae Bebrornis rodericanus Mauritius Terpsiphone bourbonnensis Mauritius Fringillidae Serinus canicapillus Ghana Serinus leucopygius Ghana Serinus mozambicus Ghana Estrildidae Amadina fasciata Ghana Amandava subflava Ghana Estrilda astrild Ghana Estrilda caerulescens Ghana Estrilda melpoda Ghana Estrilda troglodytes Ghana Lagonosticta rara Ghana Lagonosticta rubricata Ghana Lagonosticta rufopicta Ghana Lagonosticta senegala Ghana Lagonosticta vinacea Ghana Lonchura bicolor Ghana Lonchura cantans Ghana Lonchura cucullata Ghana Lonchura fringilloides Ghana Mandingoa nitidula Ghana Nesocharis capistrata Ghana Nigrita bicolor Ghana Nigrita canicapilla Ghana Nigrita fusconota Ghana Nigrita luteifrons Ghana Ortygospiza atricollis Ghana Parmoptila rubrifrons Ghana Pholidornis rushiae Ghana Pyrenestes ostrinus Ghana Pytilia hypogrammica Ghana Pytilia phoenicoptera Ghana Spermophaga haematina Ghana Uraeginthus bengalus Ghana Ploceidae Amblyospiza albifrons Ghana Anaplectes rubriceps Ghana Anomalospiza imberbis Ghana Bubalornis albirostris Ghana Euplectes afer Ghana Euplectes ardens Ghana Euplectes franciscanus Ghana Euplectes hordeaceus Ghana Euplectes macrourus Ghana Malimbus cassini Ghana Malimbus malimbicus Ghana Malimbus nitens Ghana Malimbus rubricollis Ghana Malimbus scutatus Ghana Pachyphantes superciliosus Ghana Passer griseus Ghana Petronia dentata Ghana Plocepasser superciliosus Ghana Ploceus albinucha Ghana Ploceus aurantius Ghana Ploceus cucullatus Ghana Ploceus heuglini Ghana Ploceus luteolus Ghana Ploceus melanocephalus Ghana Ploceus nigerrimus Ghana Ploceus nigricollis Ghana Ploceus pelzelni Ghana Ploceus preussi Ghana Ploceus tricolor Ghana Ploceus vitellinus Ghana Quelea erythrops Ghana Sporopipes frontalis Ghana Vidua chalybeata Ghana Vidua interjecta Ghana Vidua larvaticola Ghana Vidua macroura Ghana Vidua orientalis Ghana Vidua raricola Ghana Vidua togoensis Ghana Vidua wilsoni Ghana Sturnidae Gracula religiosa Thailand Division 3—Reptilia TESTUDINATA TURTLES Trionychidae Trionyx triunguis Ghana Pelomedusidae Pelomedusa subrufa Ghana Pelusios adansonii Ghana Pelusios castaneus Ghana Pelusios gabonensis Ghana Pelusios niger Ghana SERPENTES SNAKES Colubridae Atretium schistosum India Cerberus rhynchops India Xenochrophis piscator India Elapidae Micrurus diastema Honduras Micrurus nigrocinctus Honduras Viperidae Agkistrodon bilineatus Honduras Bothrops asper Honduras Bothrops nasutus Honduras Bothrops nummifer Honduras Bothrops Honduras ophryomegas Bothrops schlegelii Honduras Crotalus durissus Honduras Vipera russellii India Part III—Plants GNETACEAE Gnetum montanum Nepal MAGNOLIACEAE Talauma hodgsonii Nepal PAPAVERACEAE Meconopsis regia Nepal PODOCARPACEAE Podocarpus neriifolius Nepal TETRACENTRACEAE Tetracentron sinense Nepal SCHEDULE 3-Specimens the export or import of which, otherwise than in accordance with a permit or an authority, is prohibited, and in relation to which sections 30 and 38 apply Sections 21, 22, 30 and 38 Part I—Specimens A specimen of a genus, species or sub-species specified, or described, in Part II Part II—Animals All species of the Order CETACEA (whales, dolphins and porpoises) SCHEDULE 4-Specimens that are, or are derived from, native Australian animals or native Australian plants and the export of which is not prohibited by paragraph 21(b) Section 23 Part I—Specimens A specimen that is, or is derived from, a marine fish A specimen that is, or is derived from, a fish of the species Lates calcarifer (barramundi) A specimen that is, or is derived from, an invertebrate of a genus, species or sub-species specified in Part II A seed or spore Fruit (whether or not containing seeds or spores) not attached to any part of a plant Timber, bark and wood chips An article derived from timber Oil distilled or otherwise extracted from a plant of the genus Eucalyptus Part II—Invertebrates Family Genus, species or sub-species Phylum Class Order (common name) (common name) MOLLUSCA STREPTONEURA (PROSO BRANCHIA) Haliotidae (abalone) Notohaliotis ruber (blacklip) Schismotis laevigata (greenlip) Marinauris roei (Roe's) Trochidae (top shells) Trochus maximus Trochus nilotius Turbinidae (turban shells) Turbo Subninella undulata (periwinkle) Littorinidae (periwinkles) PELECYPODA (LAMELLI BRANCHIATA) Mytilidae (mussels) Mytilus edulis planulatus (mussel) Pectinidae (scallops) Amusium balloti (saucer) Mimachlamys asperrimus (doughboy) Equichlamys bifrons (queen) Pecten alba (Tasmanian, commercial) Pecten fumata Pecten meridionalis Pecten modestus Ostreidae (oysters) Crassostrea commercialis (Sydney or N.S.W. rock oyster) Crassostrea tuberculata (Western Rock oyster) Ostrea angasi (oyster) (Mother-of-pearl shells) Pinctada margaritifera (blacklip mother of-pearl) Pinctada maxima (silverlip) Pinctada sugillata (mother-of-pearl) Donacidae (pipis, cockles) Plebidonax deltoides (pipi, surf clam) (All species of Katylesia) (cockle) CEPHALOPODA Octopoda (octopus) Octopodidae Octopus tetricus Decapoda (cuttlefish, squid) Sepiidae (All species of Sepia) (cuttlefish) Sepioteuthis australis (southern calamari squid) Nototodarus gouldi (Gould's squid) Todarodes filippovae Onnastrephes bartramii Syntletoteuthis luminosa Symplectoteuthis ovalaniensis Ornithoteuthis volatilis Loligo etheridgei CRUSTACEA NATANTIA (prawns) Alphaeidae ALPHAEIDAE (clicker, pistol, or musical prawns) Penaeidae Hymenopenaeus sibogae (royal red prawn) Parapenaeopsis sculptilis (rainbow prawn) Metapenaeus dalli (western school prawn) Metapenaeus macleayi (school prawn) Metapenaeus endeavouri (endeavour prawn) Metapenaeus bennettae (greentail prawn, greasy-back) Metapenaeus eboracensis (York prawn) Penaeus longistylus (red spotted prawn) Penaeus plebejus (eastern king prawn) Penaeus semisulcatus (green tiger prawn, grooved tiger prawn) Penaeus esculentus (brown tiger prawn) Penaeus merguiensis (banana prawn) Penaeus latisulcatus (western king prawn) REPTANTIA (crayfish) Austroastocidae Panulirus penicillatus (tropical rock lobster) Panulirus longipes fermoristriga (tropical rock lobster) Panulirus ornatus (tropical rock lobster) Panulirus versicolor (tropical rock lobster) Panulirus polyphagus (tropical rock lobster) Panulirus homarus (tropical rock lobster) Panulirus longipes cygnus (western rock lobster) Panulirus longipes (painted cray) Jasus verreauxi (green rock lobster, eastern rock lobster) Jasus novaehollandiae (=lalandei) (southern rock lobster—crayfish) Thenus orientalis (bay lobster) Ibacus incisus (flapjack or Balmain bug) Ibacus peronii (shovelnose lobster) BRACHYURA (crabs, yabbies, shrimp) Portunidae (crabs) Portunus pelagicus (sand crab, blue swimmer) Scylla serrata (mud crab) Ranina ranina (spanner or frog crab) Parastacidae Cherax (yabbies, shrimp) tenuimanus (marron) Eustacus armatus (Murray lobster— freshwater crayfish) Cherax destructor albidus (yabbie) Macrobrachium rosenbergii (freshwater shrimp) ANNELIDA POLYCHAETA Onuphis teres (beach worms) ECHINO DERMATA ECHINOIDEA (sea urchins) Strongylo centrotidae Heliocidarus (sea urchin) HOLOTHUROIDEA (sea cucumbers, beche-de-mer) Stichopus variegatus (red prickly fish) Actinopyga obesa (red fish) Holothuria mammifera (black or teat fish) SCHEDULE 5-Live animals and live plants the import of which is not prohibited by paragraph 22(b) and in relation to which section 9 does not apply Section 22 Part I—Live specimens A live animal of a genus, species or sub-species specified in Part II. A live mule. A live hinny. A live animal, or a live plant, that is a biological control agent of a kind that was approved for general release under the Quarantine Act 1908 before the commencement of this Act. Part II—Animals Division 1—Class Aves Order Family Genus, species or sub-species Common name ANSERIFORMES Anatidae Anas platyrhynchos duck Anseridae Anser anser goose COLUMBI-FORMES Columbidae Columba livia pigeon GALLIFORMES Phasianidae Corturnix corturnix quail Gallus gallus fowl Meleagris galloparo turkey Phasianus calchicus pheasant Division 2—Class Insecta Order Family Genus, species or sub-species Common name HYMENOPTERA Apidae Apis mellifera mellifera bee, apiary (honey) Division 3—Class Mammalia Order Family Genus, species or sub-species Common name ARTIODACTYLA Bovidae Bos taurus cattle, domestic Bos indicus ox, indian Capra hircus goat, domestic Ovis aries sheep, domestic Camelidae Camelus dromedarius camel Suidae Sus scrofa pig, domestic CARNIVORA Canidae Canis familiaris dog, domestic Felidae Felis catus cat, domestic PERISSODACTYLA Equidae Equus asinus donkey, (ass) Equus caballus horse, domestic RODENTIA Caviidae Cavia porcellus guinea pig, domestic Muridae Mus musculus house mouse Rattus rattus Black rat Rattus norvegicus Brown rat SCHEDULE 6-Live animals and live plants the import of which is not prohibited by paragraph 22(b) and in relation to which section 9 applies Section 22 Part I—Live specimens A live fish of a genus, species or sub-species specified in Part II A live male fish of the species Macropodus opercularis A live plant the introduction of which into Australia is in accordance with the Quarantine Act 1908 Part II—Fish Division 1—Freshwater fish (Class Pisces) Order Family Genus, species or sub species Common name BELONIFORMES Hemiramphidae Dermogenys pusillus beak, half Dianema urostriata catfish, stripe tailed Epalzeorhynchus kallopterus fox, flying Epalzeorhynchus siamensis fox, Siamese flying Abramites microcephalus headstander CYPRINIFORMES Anostomidae Anostomus headstander Chilodus punctatus headstander, spotted Leporinus arcus leporinus, lipstick Leporinus fasciatus leporinus, banded Leporinus frederici leporinus, frederici's Leporinus maculatus leporinus, spotted Leporinus melanopleura leporinus, spot tailed Leporinus multifasciatus leporinus, multi banded Leporinus striatus leporinus, striped Aphyocharacinae Aphyocharax rubripinnis tetra, blood fins Callichthyidae Corydoras cat, armoured Characidae Cheirodon axelrodi tetra, cardinal Gymnocorymbus ternetzi tetra, black widow Hemigrammus tetra Hyphessobrycon tetra Moenkhausia tetra Paracheirodon (Hyphessobrycon) innesi tetra, neon Pelvicachromis pulcher kribensis Pelvicachromis subocellatus kribensis Pelvicachromis taeniatus kribensis Petitella georgiae nose, false rummy Prionobrama filigera bloodfin, glass Pristella riddlei pristella Thayeria tetra, hockeystick Cichlidae Julidochromis cichlid, dwarf Kryptopterus bicirrhis catfish, glass Kryptopterus macrocephalus catfish, poormans glass Cobitidae Acanthophthalmus loach, kuhlii Botia macracantha loach, clown Botia sidthimunki loach, dwarf Misgurnus anguillicaudatus loach, weather Cyprinidae Balantiocheilus melanopterus shark, silver Barbodes everetti barb, clown Barbodes fasciatus barb, striped Barbodes hexazona barb, tiger Barbodes lateristriga barb, spanner Barbodes pentazona barb, banded Brachydanio albolineatus danio, pearl Brachydanio frankei danio, leopard Brachydanio kerri danio, kerr's Brachydanio nigrofasciatus danio, spotted Brachydanio rerio danio, zebra Capoeta arulius barb, longfin Capoeta oligolepis barb, checker Capoeta partipentazona barb, tiger Capoeta semifasciolatus barb, golden Capoeta tetrazona barb, tiger Capoeta titteya barb, cherry Carassius auratus goldfish Danio malabaricus danio, giant Esomus danrica barb, flying Esomus goddardi barb, flying Esomus malayensis barb, flying Labeo bicolor shark, redtail Labeo erythrurus shark, red fin Labeo frenatus shark, rainbow Labeo variegatus shark, variegated Laubuca laubuca fish, Indian hatchet Morulius chrysophekadion shark, black Puntius asoka barb, asoka Puntius bimaculatus barb, two spot Puntius conchonius barb, rosy Puntius cumingi barb, cummings Puntius filamentosus barb, black spot Puntius nigrofasciatus barb, ruby Puntius stoliczkai barb, Stoliczka's Puntius ticto barb, ticto Puntius vittatus barb, kooli Rasbora argyrotaenia rasbora, silver Rasbora boraptensis rasbora, red tail Rasbora caudimaculata rasbora, red tail Rasbora dorsiocellata rasbora, emerald eye Rasbora dusonensis rasbora, yellow tail Rasbora einthoveni rasbora, blue line Rasbora elegans rasbora, two spot Rasbora hengelsii rasbora, harlequin Rasbora heteromorpha rasbora, harlequin Rasbora kalochroma rasbora, clown Rasbora leptosoma rasbora, copper striped Rasbora maculata rasbora, dwarf spotted Rasbora pauciperforata rasbora, red line Rasbora sarawakensis rasbora, sarawak Rasbora steineri rasbora, gold line Rasbora taeniata rasbora, blue line Rasbora trilineata scissortail, black Rasbora vaterifloris rasbora, flame Rhodeus amarus bitterling Rhodeus sericeus bitterling Tanichthys albonubes white cloud Cyprinodontidae Aphyosemion fish, killie Aplocheilus panchax Oryzias javanicus medaka, Java Oryzias latipes medaka Osteochilus hasselti barb, bony lipped Osteochilus vittatus barb, bony lipped Gasteropelecidae Carnegiella fish, hatchet Gasteropelecus fish, hatchet Thoracocharax fish, hatchet Gyrinocheilidae Gyrinocheilus aymonieri catfish, sucking— Asia Hemiodontidae Nannostomus fish, pencil Nematrobrycon tetra, emperor Poecilobrycon fish, pencil Homalopteridae Homaloptera orthogoniata fish, lizard— Indonesia Hydrocynidae Alestes longipinnis tetra, African Loricariidae Farlowella acus catfish, twig Gastromyzon myersi sucker, dwarf stone Loricaria filamentosa catfish, whiptail Otocinclus arnoldi catfish, sucker Oxygaster oxygastroides barb, glass Mochokidae Synodontis nigriventris cat, upsidedown Pimelodidae Pimelodus ornatus cat, pictus Poeciliidae Poecilia latipinna mollie, sailfin Poecilia reticulata guppy Poecilia sphenops mollie, black Poecilia velifera mollie, sailfin Xiphophorus helleri swordtail Xiphophorus maculatus platy Xiphophorus variatus platy, variegated Tetragon opterina Anoptichthys jordani fish, blind cave MASTACEMBELI FORMES Mastacembelidae Macrognathus aculeatus eel, spiny MORMYRIFORMES Mormyridae Gnathonemus macrolepidotus nose, elephant Gnathonemus petersi nose, elephant MUGILIFORMES Atherinidae Telmatherina ladigesi rainbow, celebes Hydrocynidae Micralestes (Phenacogrammus) interruptus tetra, congo Melanotaeniidae Melanotaenia (Nematocentrus) fish, rainbow OSTEOGLOSI FORMES Pantodontidae Pantodon buchholzi fish, butterfly PERCIFORMES Anabantidae Betta fish, fighting Colisa chuna gourami, honey dwarf Colisa fasciata gourami, "giant" dwarf Colisa labiosa gourami, thick lipped Colisa lalia gourami, dwarf Helostoma rudolfi gourami, pink kissing Helostoma temminckii gourami, green kissing Macropodus opercularis fish, paradise Megalamphodus megalopterus tetra, black phantom Megalamphodus sweglesi tetra, red phantom Sphaerichthys osphronemoides gourami, chocolate Trichogaster leeri gourami, pearl Trichogaster microlepis gourami, moonbeam Trichogaster trichopterus gourami, blue or opaline or golden Trichopsis (Ctenops) pumilus gourami Trichopsis (Ctenops) gourami vittatus Trinectes maculatus flounder, freshwater Tropheus duboisi cichlid, dwarf Tanganyikan Tropheus moorei cichlid, dwarf Tanganyikan Centropomidae Chanda ranga perchlet, glass Cichlidae Aequidens curviceps curviceps Aequidens maronii keyhole Aequidens pulcher acara, blue Apistogramma cichlid, dwarf Astronotus ocellatus oscar Geophagus jurupari cichlid, earth eating Nannacara anomala acara, golden dwarf Nannacara taenia cichlid, dwarf lattice Papiliochromis (Apistogramma) ramirezzii ram Pterophyllum fish, angel Symphysodon discus Gobiidae Brachygobius fish, bumble bee Monodactylidae Monodactylus argenteus mono Monodactylus sebae mono, African Toxotidae Toxotes jaculator fish, archer PLEURONECTI FORMES Soleidae Achirus fasciatus sole, freshwater SILURIFORMES Callichthyidae Brochis coeruleus catfish, blue Division 2—Marine fish (Class Pisces) Order Family Genus, species or sub-species Common name Acanthuridae Acanthurus achilles surgeonfish Acanthurus bleekeri surgeon, striped Acanthurus dussumieri surgeonfish Acanthurus glaucopareius surgeonfish Acanthurus guttatus surgeon, mustard Acanthurus leucosternon surgeonfish, blue Acanthurus lineatus surgeon, clown Acanthurus nigricauda surgeonfish Acanthurus olivaceus surgeon, olive Acanthurus pyroferus surgeon, chocolate Acanthurus sohal surgeon, zebra Acanthurus triostegus surgeon, convict Zebrasoma xanthurum tang Ctenochaetus strigosus tang Naso brevirostris unicornfish Naso lituratus unicornfish Paracanthurus hepatus surgeon, blue Zanclus cornutus idol, moorish Zebrasoma flavescens tang Zebrasoma scopas tang Zebrasoma veliferum tang Antennariidae Antennarius bigibbus frogfish, fishing Antennarius chironectes frogfish, fishing Antennarius coccineus frogfish, fishing Antennarius hispidus frogfish, fishing Antennarius nummifer frogfish, fishing Antennarius phymatodes frogfish, fishing Antennarius striatus frogfish, fishing Histrio histrio fish, sargassum Apogonidae Apogon coccineus fish, red cardinal Apogon exostigma cardinalfish, one-lined Apogon fasciatus cardinalfish Apogon fraenatus cardinalfish Apogon leptacanthus cardinalfish Apogon maculiferus cardinalfish Apogon novaeguineaa cardinalfish Apogon novemfasciatus cardinalfish Apogon quadrifasciatus cardinalfish Apogon sangiensis cardinalfish Apogon taeniopterus cardinalfish Cheilodipterus macrodon cardinalfish Sphaeramia orbicularis cardinalfish Balistidae Abalistes stellaris triggerfish, starry Alutera scripta trigger, scribbled Balistapus undulatus trigger, undulate Balistes vetula trigger, queen Balistoides conspicillum trigger, clown Balistoides viridescens trigger, spotted Cantherhines pardalis filefish Cantherhines pullus filefish Cantherhines sandwichiensis trigger, sandwich Melichthys indicus trigger, brown Melichthys vidua trigger, pink-tail Odonus niger trigger, black Oxymonacanthus longirostris filefish, long-nose Paraluteres prionurus mimic, valentini Pervagor melanocephalus filefish Pervagor spilosoma filefish, fantail Pervagor tomentosus filefish, red-tail Pseudobalistes fuscus trigger Rhinecanthus aculeatus trigger Rhinecanthus rectangulus trigger Rhinecanthus verrucosus trigger Sufflamen bursa triggerfish Xanthichthys mento trigger, sargassum Blenniidae Ecsenius bicolor blenny, bicolor Ecsenius pulcher blenny, rock Meiacanthus atrodorsalis blenny, forktail Meiacanthus grammistes blenny, striped Meiacanthus kamohari blenny, forktail Meiacanthus mossambicus blenny, sabre-toothed Petroscirtes breviceps blenny, sabre-toothed Plagiotremus rhinorhynchus blenny, sabre-toothed Plagiotremus tapeinosoma blenny, sabre-toothed Stanulus seychellensis blenny, mottled Bothidae Bothus mancus flounder Branchiostegidae Malacanthus latovittatus Callionymidae Synchiropus splendidus mandarinfish Carangidae Alectis ciliaris pennantfish Alectis indicus mirrorfish Gnathanodon speciosus trevally, golden Carapodidae Carapus pearlfish Centriscidae Aeoliscus strigatus razor-fish. shrimpfish Chaetodontidae Chaetodon argentatus butterfish, three band Chaetodon auriga butterfish, threadfin Chaetodon baronessa butterfish, baroness Chaetodon bennetti butterfish, Bennett's Chaetodon citrinellus butterfish, speckled Chaetodon collare butterfish, red-tailed Chaetodon decussatus butterfish, black-finned Chaetodon ephippium butterfish, saddled Chaetodon falcula butterfish, sickle Chaetodon fremblii butterfish, blue-striped Chaetodon kleinii butterfish, Klein's Chaetodon leucopleura butterfish, somali Chaetodon lineolatus butterfish, lined Chaetodon lunula butterfish, racoon Chaetodon melannotus butterfish, black backed Chaetodon mertensii butterfish, Merten's Chaetodon meyeri butterfish, Meyer's Chaetodon miliaris butterfish, millet-seed Chaetodon multicinctus butterfish, pebbled Chaetodon octofasciatus butterfish, eight banded Chaetodon ornatissimus butterfish, ornate Chaetodon pelewensis butterfish, dot-and dash Chaetodon plebeius butterfish, blue-spot Chaetodon punctatofasciatus butterfish, spot-banded Chaetodon quadrimaculatus butterfish, four-spot Chaetodon rafflesi butterfish, latticed Chaetodon reticulatus butterfish, reticulated Chaetodon semeion butterfish, dotted Chaetodon speculum butterfish, oval-spot Chaetodon tinkeri butterfish, Tinker's Chaetodon trifascialius butterfish, chevroned Chaetodon trifasciatus butterfish, red-fin Chaetodon unimaculatus butterfish, teardrop Chaetodon vagabundus butterfish, vagabond Chaetodon xanthurus butterfish, chevron Chelmon rostratus coralfish, beaked Coradion chrysozonus coralfish, orange banded Forcipiger flavissimus butterfish, long-nosed Forcipiger longirostris butterfish, long-nosed Hemitaurichthys polylepis butterfish, pyramid Hemitaurichthys zoster butterfish, pyramid Heniochus acuminatus bannerfish Heniochus chrysostomus bannerfish, pennant Heniochus monoceros bannerfish, masked Heniochus singularius bannerfish, singular Heniochus varius bannerfish, humphead Parachaetodon ocellatus coralfish, ocellate Cirrhitidae Cirrhitichthys aprinus hawkfish, blotched Cirrhitichthys oxycephalus hawkfish Cyprinocirrhites polyactis hawkfish Oxycirrhites typus hawkfish, long-nose Paracirrhites arcatus hawkfish Dactylopteridae Dactyloptena macracanthus gurnard, flying Dasyatidae Taeniura lymna ray, blue-spotted Diodontidae Diodon holacanthus fish, porcupine Diodon hystrix fish, porcupine Echeneididae Echeneis naucrates suckerfish Ephippidae Drepane punctata batfish, spotted Platax batavianus batfish Platax orbicularis batfish Heterodontidae Heterodontus japonicus shark, Port Jackson Holocentridae Adioryx diadema squirrelfish Adioryx lacteoguttatus squirrelfish Adioryx microstomus squirrelfish Adioryx ruber squirrelfish Adioryx spinifer squirrelfish Adioryx tiere squirrelfish Adioryx xantherythrus squirrelfish Flammeo opercularis squirrelfish Flammeo sammara squirrelfish Holocentrus rufus squirrelfish Myripristis jacobus soldierfish Myripristis kuntee soldierfish Myripristis murdjan soldierfish Myripristis pralinius soldierfish Myripristis violaceus soldierfish Plectrypops lima squirrelfish Grammatidae Gramma loreto basslet Grammistidae Grammistes sexlineatus soapfish Haemulidae Plectorhynchus albovittatus sweetlips. grunt Plectorhynchus chaetodonoides sweetlips. grunt Plectorhynchus goldmani sweetlips. grunt Plectorhynchus lineatus sweetlips. grunt Plectorhynchus orientalis sweetlips. grunt Platax pinnatus batfish Platax teira batfish Spilotichthys pictus sweetlips Gobiidae (Oxudercidae) Amblygobius phalaena goby Eleotriodes sexguttatus gudgeon, blue-cheeked Eleotriodes strigatus gudgeon, golden headed Gobiodon citrinus goby, lemon Gobiodon histrio goby, coral Lythrypnus dalli goby, catalina Nemateleotris magnifica gudgeon, fire Oxyurichthys goby Ptereleotris microlepsis gudgeon, blue Ptereleotris tricolor scissortail Vanderhorstia ornatissima goby Zonogobious semidoliatus goby, regal Kuhliidae Kuhlia taentura perch, flagtail Kyphosidae (Scorpidae) Microcanthus strigatus stripey Labridae Anampses caeruleopunctatus wrasse, chisel-tooth Anampses chrysocephalus wrasse, chisel-tooth Anampses cuvier wrasse, chisel-tooth Anampses twistii wrasse, chisel-tooth Bodianus axillaris pigfish Bodianus bilunulatus pigfish Bodianus diana pigfish Bodianus mesothorax pigfish Cheilinus undulatus wrasse, maori Cheilio inermis rainbowfish Cirrhilabrus temminckii rainbowfish, threadfin Coris aygula labrid, clown Coris ballieui malamalama Coris flavovittata hilu Coris gaimard wrasse, clown Coris variegata wrasse, variegated Epibulus insidiator telescopefish Gomphosus varius wrasse, club-nosed Halichoeres biocellatus wrasse, two-spot Halichoeres centriquadrus wrasse, four-spot Halichoeres margaritaceus wrasse, pearl-spot Halichoeres nebulosus wrasse, clouded Halichoeres notopsis wrasse, two-eyed Hemigymnus fasciatus wrasse, five-banded Hemigymnus melapterus wrasse, thick-lipped Hemipteronotus pentadactylus wrasse, keel-headed Hemipteronotus taeniourus wrasse, olive-scribbled Labrichthys unilineatus wrasse Labroides dimidiatus wrasse, cleaner. bridled beauty Labroides rubrolabiatus wrasse, red-lipped Lienardella fasciata wrasse, harlequin Macropharyngodon (pardalis) meleagris wrasse, reticulated Pseudocheilinus evanidus wrasse, scarlet Pseudocheilinus hexataenia wrasse, six-lined Pseudocheilinus octotaenia wrasse, eight-lined Pseudocheilinus tetrataenia wrasse, four-lined Stethojulius bandanensis rainbowfish Stethojulius strigiventer rainbowfish Thalassoma amblycephalus wrasse, rainbow Thalassoma ballieui wrasse, rainbow Thalassoma lunare wrasse, lyretail Thalassoma lutescens wrasse, rainbow Wetmorella wrasse, arrowhead Lutjanidae Lutjanus erythropterus perch, malabar sea Lutjanus fulvus perch, sea Lutjanus gibbus paddle-tail Lutjanus kasmira perch, sea Lutjanus sebae emperor, red Macolor niger perch, sea Symphorus nematophorus chinaman-fish Monocentrididae Monocentrus japonicus pineapplefish Mugiloididae Parapercis schauinslandi grubfish Mullidae Mulloidichthys martinicus goatfish Parupeneus cyclostomus goatfish Parupeneus pleurostigma goatfish Upeneus vittatus goatfish Muraenidae Echidna nebulosa eel, starry Echidna zebra eel, zebra Gymnothorax favagineus eel, tesselated Gymnothorax meleagris eel, moray Gymnothorax undulatus eel, mottled reef Rhinomuraena (amboinensis) quaesita eel, ribbon Nemipteridae Scolopsis bilineatus bream, monocle Ophidiidae Dinematichthys eels, cusk Ostraciidae Lactoria cornuta cowfish, long-horn Ostracion cubicus boxfish, spotted Ostracion meleagris boxfish, spotted Tetrasomus gibbosus turretfish Oxudercidae Perciphthalmus papillo mudskipper Pempherididae Pempheris oualensis sweeper Pholidichthyidae Pholidichthys leucotaenia worm, convict Plesiopidae Calloplesiops altivelis comet Plesiops caeruleolineatus longfin Plotosidae Plotosus lineatus eel, catfish Pomacanthidae Apolemichthys arcuatus angelfish, black banded Apolemichthys trimaculatus angelfish, three-spot Centropyge argi angelfish Centropyge bicolor angelfish, bicolor Centropyge bispinosus angelfish, two-spined Centropyge eibli angelfish, eibl's Centropyge ferrugatus angelfish, rusty Centropyge fisheri angelfish, Fisher's Centropyge flavissimus angelfish, lemon-peel Centropyge heraldi angelfish, Herald's Centropyge loriculus angelfish, flame Centropyge nox angelfish, midnight Centropyge potteri angelfish, russet Centropyge tibicen angelfish, keyhole Centropyge vroliki angelfish, pearl-scaled Chaetodontoplus chrysocephalus Chaetodontoplus melanosoma angelfish, black-velvet Chaetodontoplus mesoleucus angelfish, vermiculated Euxiphipops navarchus angelfish, blue-girdled Euxiphipops sexstriatus angelfish, six-banded Euxiphipops xanthometapon angelfish, yellow-faced Genicanthus lamarck angelfish, lamarck's Genicanthus melanospilos angelfish, black-pot Genicanthus semifasciatus angelfish, half-banded Pomacanthus annularis angelfish, blue-ringed Pomacanthus imperator angelfish, emperor Pomacanthus semicirculatus angelfish, semi-circle Pygoplites diacanthus angelfish, regal Pomacentridae Abudefduf saxatilis sergeant major Abudefduf sexfasciatus sergeant major Abudefduf sordidus sergeant major Amblyglyphidodon curacao demoiselle, staghorn Amblyglyphidodon leucogaster damsel, white-belly Amphiprion chrysopterus anemonefish, orange fin Amphiprion ephippium anemonefish Amphiprion percula anemonefish, clown Amphiprion perideraion anemonefish, pink Amphiprion polymnus anemonefish, saddleback Amphiprion rubrocinctus anemonefish, red Amphiprion sandaracinos anemonefish, orange Chromis caerulea chromis, blue-green Chromis margaritifer chromis, bicolor Dascyllus albisella dascyllus, Hawaiian Dascyllus aruanus humbug Dascyllus melanurus footballer Dascyllus reticulatus dascyllus, reticulated Dascyllus trimaculatus dascyllus, three-spot Eupomacentrus leucostictus beau gregory Glyphidodontops cyaneus devil, blue Glyphidodontops glaucus demoiselle, grey Glyphidodontops leucopomus demoiselle, surge Glyphidodontops rex demoiselle, king Paraglyphidodon nigroris damsel, Behn's Petroglyphidodon lacrymatus damsel, jewel Plectroglyphidodon leucozonus damsel, white-band Plectroglyphidodon phoenixensis damsel, phoenix Plectroglyphidon dickii damsel, dick's Pomacentrus amboinensis damsel, ambon Pomacentrus coelestis damsel, neon Pomacentrus melanochir damsel Pomacentrus vaiuli damsel, princess Premnas biaculeatus anemonefish, spine cheeked Priacanthidae Priacanthus cruentatus bullseye Pseudochromidae Dampieria longipinnis basslet Pseudochromis paccagnellae basslet Pseudogrammatidae Suttonia lineata Scaridae Bolbometopon (Scarus) bicolor parrotfish Scarus frenatus parrotfish Scarus ghobban parrotfish Scarus jonesi parrotfish Scarus psittacus parrotfish Scatophagidae Scatophagus argus scat, spotted Scorpaenidae (Synanceinae) Amblyapistus taenianotus scorpionfish Dendrochirus brachypterus cod, butterfly Dendrochirus zebra cod, butterfly Inimicus didactylus stinger Paracentropogon longispinis scorpionfish Pterois antennata cod, butterfly. firefish Pterois radiata cod, butterfly. firefish Pterois sphex cod, butterfly. firefish Pterois volitans cod, butterfly Scorpaenodes parvipinnis scorpionfish Taenianatus triacanthus fish, sailfin leaf Serranidae Anthias bimaculatus perch, sea Anthias hutchii perch, sea Anthias squamipinnis perch, sea Anyperodon leucogrammicus cod, rock Cephalopholis argus cod, peacock rock Cephalopholis aurantius cod, orange rock Cephalopholis boenack cod, blue-lined rock Cephalopholis miniatus trout, coral Cepholapholis urodelus cod, flag-tailed rock Cromileptes altivelis cod, humped-back rock Diploprion bifasciatum perch, 2-banded Epinephelus caeruleopunctatus cod, blue-spotted rock Epinephelus corallicola cod, coral rock Epinephelus flavocaeruleus cod, purple rock Epinephelus hexagonatus cod, starry rock Epinephelus merra cod, honeycomb rock Epinephelus tauvina cod, greasy Epinephelus truncatus cod, rock Mirolabrichthys dispar perch, sea Mirolabrichthys evansi perch, sea Mirolabrichthys tuka perch, sea Plectropomus maculatus trout, coral Promicrops lanceolatus grouper. sea bass Variola louti cod, lunar-tailed Siganidae Lo vulpinus rabbitfish Siganus canaliculatus rabbitfish Siganus corallinus rabbitfish Siganus javus rabbitfish Siganus vermiculatus rabbitfish Siganus virgatus rabbitfish Syngnathidae Dunckorocampus dactyliophorus pipefish, banded Hippocampus hudsonius seahorse Hippocampus kuda seahorse, spotted Synodontidae Synodus fish, lizard Tetraodontidae Arothron meleagris puffer, white-spotted Arothron nigropunctatus puffer, black-spotted Arothron reticularis puffer, reticulated Canthigaster bennetti puffer, sharp-nose Canthigaster coronata puffer, sharp-nose Canthigaster jactator puffer, sharp-nose Canthigaster solandri puffer, sharp-nose Canthigaster valentini puffer, sharp-nose SCHEDULE 7-Species of native Australian animals eligible to be treated as household pets Section 16 Order Class Family Species AVES PSITTACIFORMES Cacatuidae Cacatua galerita (cockatoo, sulphur-crested) Cacatua roseicapilla (galah) Platycercidae Melopsittacus undulatus (budgerigar) SCHEDULE 8-Convention on International Trade in Endangered Species of Wild Fauna and Flora Subsection 4(1) (Definition of "Convention") PREAMBLE The Contracting States, Recognizing that the wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come; Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view; Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora; Recognizing, in addition, that international cooperation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade; Convinced of the urgency of taking appropriate measures to this end; Have agreed as follows: ARTICLE I Definitions For the purpose of the present Convention, unless the context otherwise requires: (a) "Species" means any species, subspecies, or geographically separate population thereof; (b) "Specimen" means: (i) any animal or plant, whether alive or dead; (ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and (iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species; (c) "Trade" means export, re-export, import and introduction from the sea; (d) "Re-export" means export of any specimen that has previously been imported; (e) "Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State; (f) "Scientific Authority" means a national scientific authority designated in accordance with Article IX; (g) "Management Authority" means a national management authority designated in accordance with Article IX; (h) "Party" means a State for which the present Convention has entered into force. ARTICLE II Fundamental Principles 1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances. 2. Appendix II shall include: (a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and (b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control. 3. Appendix III shall include all species which any party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other parties in the control of trade. 4. The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention. ARTICLE III Regulation of Trade in Specimens of Species included in Appendix I 1. All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article. 2. The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species; (b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; (c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and (d) a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen. 3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved; (b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and (c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes. 4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met: (a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; (b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and (c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen. 5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; (b) a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and (c) a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes. ARTICLE IV Regulation of Trade in Specimens of Species included in Appendix II 1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article. 2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species; (b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and (c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment. 3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species. 4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate. 5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met: (a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and (b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment. 6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and (b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimise the risk of injury, damage to health or cruel treatment. 7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods. ARTICLE V Regulation of Trade in Specimens of Species included in Appendix III 1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article. 2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met: (a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and (b) a Management Authority of the state of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment. 3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit. 4. In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned. ARTICLE VI Permits and Certificates 1. Permits and certificates granted under the provisions of Articles III, IV and V shall be in accordance with the provisions of this Article. 2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted. 3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority. 4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon. 5. A separate permit or certificate shall be required for each consignment of specimens. 6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen. 7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes "mark" means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible. ARTICLE VII Exemptions and Other Special Provisions Relating to Trade 1. The provisions of Articles III, IV and V shall not apply to the transit or trans-shipment of specimens through or in the territory of a Party while the specimens remain in Customs control. 2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect. 3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where: (a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or (b) in the case of specimens of species included in Appendix II: (i) they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred: (ii) they are being imported into the owner's State of usual residence; and (iii) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens; unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens. 4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II. 5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Articles III, IV or V. 6. The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority. 7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that: (a) the exporter or importer registers full details of such specimens with that Management Authority; (b) the specimens are in either of the categories specified in paragraphs 2 or 5 of this Article; and (c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimise the risk of injury, damage to health or cruel treatment. ARTICLE VIII Measures to be Taken by the Parties 1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures: (a) to penalize trade in, or possession of, such specimens, or both; and (b) to provide for the confiscation or return to the State of export of such specimens. 2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention. 3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimise the risk of injury, damage to health or cruel treatment. 4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article: (a) the specimen shall be entrusted to a Management Authority of the State of confiscation; (b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other places as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and (c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place. 5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated. 6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover: (a) the names and addresses of exporters and importers; and (b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question. 7. Each Party shall prepare periodic reports on its implementation of the Present Convention and shall transmit to the Secretariat: (a) an annual report containing a summary of the information specified in sub-paragraph (b) of paragraph 6 of this Article; and (b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention. 8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned. ARTICLE IX Management and Scientific Authorities 1. Each Party shall designate for the purposes of the present Convention: (a) one or more Management Authorities competent to grant permits or certificates on behalf of that party; and (b) one or more Scientific Authorities. 2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depository Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat. 3. Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties. 4. Any Management Authority referred to in paragraph 2 of this Article shall if so requested by the Secretariat or the Management Authority of another Party, communicate to it impressions of stamps, seals or other devices used to authenticate permits or certificates. ARTICLE X Trade with States not Party to the Convention Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party. ARTICLE XI Conference of the Parties 1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention. 2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the parties. 3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may: (a) make such provisions as may be necessary to enable the Secretariat to carry out its duties; (b) consider and adopt amendments to Appendices I and II in accordance with Article XV; (c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III; (d) receive and consider any reports presented by the Secretariat or by any Party; and (e) where appropriate, make recommendations for improving the effectiveness of the present Convention. 4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article. 5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting. 6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote. 7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object: (a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and (b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote. ARTICLE XII The Secretariat 1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-government or non-governmental, international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora. 2. The Functions of the Secretariat shall be: (a) to arrange for and service meetings of the Parties; (b) to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention; (c) to undertake scientific and technical studies in accordance with programs authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens; (d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention; (e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention; (f) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices. (g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request; (h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature; (i) to perform any other function as may be entrusted to it by the Parties. ARTICLE XIII International Measures 1. When the Secretariat in the light of information received is satisfied that any species included in Appendices I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned. 2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party. 3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate. ARTICLE XIV Effect on Domestic Legislation and International Conventions 1. The provisions of the present Convention shall in no way affect the right of Parties to adopt: (a) stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or (b) domestic measures restricting or prohibiting trade, taking, possession, or transport of species not included in Appendices I, II or III. 2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession, or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields. 3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external customs control and removing customs control between the parties thereto insofar as they relate to trade among the States members of that union or agreement. 4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement. 5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question. 6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. ARTICLE XV Amendments to Appendices I and II 1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties: (a) Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of sub paragraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting. (b) Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment. (c) Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article. 2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties: (a) Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph. (b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible. (c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations. (d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraphs (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information. (e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible. (f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub-paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article. (g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub-paragraphs (h), (i) and (j) of this paragraph. (h) The Secretariat shall notify the Parties that notification of objection has been received. (i) Unless the Secretariat receives the votes for, against or in abstention from at least one half of the Parties within 60 days of the date of the notification under sub-paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration. (j) Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote. (k) The Secretariat shall notify all Parties of the result of the vote. (l) If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all parties except those which make a reservation in accordance with paragraph 3 of this Article. 3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or sub paragraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the party shall be treated as a State not a party to the present Convention with respect to trade in the species concerned. ARTICLE XVI Appendix III and Amendments thereto 1. Any party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub-paragraph (b) of Article I. 2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned. 3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication. 4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any new interpretations as they are adopted. ARTICLE XVII Amendment of the Convention 1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment. 2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting. 3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment. ARTICLE XVIII Resolution of Disputes 1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute. 2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at the Hague and the Parties submitting the dispute shall be bound by the arbitral decision. ARTICLE XIX Signature The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974. ARTICLE XX Ratification, Acceptance, Approval The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government. ARTICLE XXI Accession The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government. ARTICLE XXII Entry into Force 1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government. 2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession. ARTICLE XXIII Reservations 1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI. 2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to: (a) any species included in Appendix I, II, or III; or (b) any parts or derivatives specified in relation to a species included in Appendix III. 3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation. ARTICLE XXIV Denunciation Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Goverment has received the notification. ARTICLE XXV Depositary 1. The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it. 2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation. 3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention. Done at Washington this third day of March, One Thousand Nine Hundred and Seventy three. SCHEDULE 9-Exotic birds that are not classified exotic birds Section 4 Order/Family Genus, species or sub species Common name STRUTHIONIFORMES Struthionidae Struthio camelus Ostrich CASUARIIFORMES Casuariidae Casuarius casuarius Common rhea (double wattled cassowary) ANSERIFORMES Anserinae Anas platyrhynchos Mallard duck Anser cygnoides Chinese goose Cairina moschata Muscovy duck Cygnus olor Mute swan GALLIFORMES Melagridinae Phasianus colchicus Ring-necked pheasant Chrysolophus pictus Golden pheasant Alectoris graeca Chukoar partridge Coturnix coturnix Common (Japanese) quail Gallus gallus Domestic (red jungle) fowl Lophortyx californica California quail Melagridinae Meleagris gallopava Domestic turkey Numidinae Numida meleagris melagris Common guineafowl Numida meleagris mitrata Helmeted guineafowl COLUMBIFORMES Columbidae Columba livia Domestic pigeon Streptopelia chinensis Spotted dove Streptopelia risoria Barbary dove Streptopelia senegalensis Laughing dove PSITTACIFORMES Psittacidae Agapornis fischeri Fischer's lovebird Agapornis lilinae Nyasa lovebird Agapornis rosiecollis Peach-faced lovebird Psittacula krameri Rose-ringed parakeet PASSERIFORMES Alaudidae Alauda arvensis Common skylark Icteridae Carduelis carduelis carduelis European goldfinch Carduelis chloris Greenfinch Ploecidae Passer domesticus House sparrow Passer montanus Tree sparrow Sturnidae Sturnus vulgaris Common starling Acridotheres tristis Indian mynah Fringillidae Padda oryzivora Java sparrow Lonchura striata White-rumped mannikin Serinus canaria Canary Lonchura punctulata Spice finch Turdidae Turdus merula Blackbird Turdus philomelos Song thrush Notes to the Note 1 The as shown in this compilation comprises Act No. 149, amended as indicated in the Tables below. The is deemed to be amended by Declaration. [see Note 2] All relevant information pertaining to application, saving or transitional provisions prior to16 July 1999 is not included in this compilation. For subsequent information see Table A. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions 149, 31 Dec 1 May 1984 (see Gazette 1984, No. S137) Torres Strait Treaty (Miscellaneous Amendments) Act 1984 22, 1984 26 Apr 1984 15 Feb 1985 (see s. 2 and Gazette 1985, No. S38) — Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1986 120, 1986 2 Dec 1986 30 Apr 1987 (see Gazette 1987, No. S68) Ss. 27(2) and 30(2) as amended by Statute Law (Miscellaneous Provisions) Act 1987 141, 1987 18 Dec 1987 S. 3: 30 Apr 1987 (see Gazette 1987, No. S68) (a) S. 5(1) Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 99, 1988 2 Dec 1988 2 Dec 1988 — Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1991 133, 1991 2 Sept 1991 2 Sept 1991 — Arts, Sport, Environment and Territories Legislation Amendment Act 1992 21, 1992 10 Apr 1992 8 May 1992 — Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995 121, 1995 2 Nov 1995 Schedules 1-13 and 15-19: 2 May 1996 Schedule 14: 2 Oct 1996 Remainder: Royal Sch. 2 (items 2(2), 8), Sch. 3 (items 13-15), Sch. 7 (item 2), Sch. 14 (item 10) and Sch. Assent 19 (item 24) as amended by Environmental Reform (Consequential Provisions) Act 1999 92, 1999 16 July 1999 Schedule 7 (item 32): (aa) — Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 2 (item 138): (b) Schedule 4 (item 155): Royal Assent (b) — Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999 12, 1999 8 Apr 1999 6 May 1999 — Environmental Reform (Consequential Provisions) Act 1999 92, 1999 16 July 1999 Schedule 3 (items 58, 59) and Schedule 4 (items 76-80): 16 July 2000 (c) Sch. 3 (item 59), Sch. 4 (item 78) [see Table A] Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 11 Nov 1999 Schedule 1 (item 980): 5 Dec 1999 (see Gazette 1999, No. S584) (d) — (a) The Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(33) of which provides as follows: (33) The amendment of the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (aa) The Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995 was amended by Schedule 7 (item 32) only of the Environmental Reform (Consequential Provisions) Act 1999, subsection 2(4) of which provides as follows: (4) The amendment of the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995 in Schedule 7 to this Act is taken to have commenced immediately after that Act received the Royal Assent. (b) The Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1986 was amended by Schedule 2 (item 138) and Schedule 4 (item 155) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows: (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent. (2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item. Item 138 is taken to have commenced immediately after the commencement of Schedule 8 of the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995. Schedule 8 of the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995 commenced on 2 May 1996. (c) The was amended by Schedules 3 and 4 only of the Environmental Reform (Consequential Provisions) Act 1999, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences when the Environment Protection and Biodiversity Conservation Act 1999 commences. (d) The was amended by Schedule 1 (item 980) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows: (1) In this Act, commencing time means the time when the Public Service Act 1999 commences. (2) Subject to this section, this Act commences at the commencing time. Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Title am. No. 121, 1995 S. 3 am. No. 121, 1995 S. 4 am. No. 120, 1986; No. 133, 1991; No. 121, 1995; Nos. 12 and 92, 1999 S. 8 am. No. 120, 1986; No. 133, 1991 S. 8A ad. No. 22, 1984 S. 9 am. No. 120, 1986; No. 99, 1988; No. 121, 1995 Heading to s. 9A am. No. 121, 1995 Ss. 9A, 9B ad. No. 133, 1991 am. No. 121, 1995 S. 10 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 10A ad. No. 133, 1991 am. No. 121, 1995 Ss. 11, 12 am. No. 120, 1986 S. 13 am. No. 120, 1986; No. 121, 1995 S. 16 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 16A ad. No. 120, 1986 S. 18 am. No. 120, 1986; Nos. 92 and 146, 1999 S. 19 am. No. 120, 1986; No. 43, 1996 S. 20 am. No. 120, 1986 S. 21 am. No. 133, 1991; No. 121, 1995 Note to s. 21 ad. No. 12, 1999 S. 22 am. No. 133, 1991; No. 121, 1995 Note to s. 22 ad. No. 12, 1999 S. 23 am. No. 120, 1986; No. 121, 1995 S. 24 am. No. 120, 1986; No. 121, 1995, No. 92, 1999 Ss. 25, 26 am. No. 120, 1986; No. 121, 1995 S. 27 rs. No. 120, 1986 am. No. 121, 1995 S. 28 am. No. 120, 1986; No. 121, 1995 S. 29 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 30 am. No. 120, 1986; No. 121, 1995 S. 31 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 Ss. 32-36 am. No. 120, 1986; No. 121, 1995 S. 37 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 38 am. No. 120, 1986; No. 121, 1995 S. 38A ad. No. 121, 1995 S. 40 am. No. 120, 1986 Ss. 41, 42 am. No. 120, 1986; No. 121, 1995 S. 42A ad. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 42B ad. No. 120, 1986 am. No. 121, 1995 S. 43 am. No. 120, 1986; No. 121, 1995 S. 43A ad. No. 120, 1986 S. 44 am. No. 120, 1986; No. 121, 1995 S. 45 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 46 am. No. 120, 1986 S. 47A ad. No. 121, 1995 S. 48 am. No. 121, 1995 S. 49 am. No. 120, 1986 Ss. 50, 51 am. No. 121, 1995 Div. 6A of Part II (ss. 51A-51E, 51E) ad. No. 121, 1995 Ss. 51A-51E, 51E ad. No. 121, 1995 S. 51E Renumbered s. 51F No. 43, 1996 S. 52 am. No. 120, 1986; No. 121, 1995 S. 53 am. No. 120, 1986; No. 121, 1995 Note to s. 53(1) ad. No. 12, 1999 Ss. 53A, 53B ad. No. 121, 1995 Ss. 54, 55 am. No. 120, 1986 rep. No. 121, 1995 S. 56 am. No. 120, 1986 (as am. by No. 141, 1987) rep. No. 121, 1995 S. 56A ad. No. 120, 1986 am. No. 121, 1995 rep. No. 121, 1995 S. 57 am. No. 120, 1986 rep. No. 121, 1995 Part IIA (ss. 57A-57Z, 57ZA-57ZQ) ad. No. 121, 1995 Ss. 57A-57Z, 57ZA-57ZQ ad. No. 121, 1995 Heading to Part III am. No. 121, 1995 Heading to Div. 1 of Part III ad. No. 121, 1995 S. 58 am. No. 121, 1995 S. 60 am. No. 121, 1995 S. 61 am. No. 120, 1986; No. 121, 1995 Heading to Div. 2 of Part III ad. No. 121, 1995 S. 62 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 Heading to s. 63 am. No. 121, 1995 S. 63 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 Heading to s. 64 am. No. 121, 1995 S. 64 am. No. 120, 1986; No. 121, 1995 Div. 3 of Part III (ss. 64A-64P) ad. No. 121, 1995 Ss. 64A-64P ad. No. 121, 1995 Div. 4 of Part III (ss. 64Q, 64R) ad. No. 121, 1995 Ss. 64Q, 64R ad. No. 121, 1995 Heading to Div. 5 of Part III ad. No. 121, 1995 S. 65 am. No. 120, 1986; No. 121, 1995 Ss. 65A-65C ad. No. 121, 1995 Div. 6 of Part III (ss. 65D-65L) ad. No. 121, 1995 Ss. 65D-65L ad. No. 121, 1995 S. 66 am. No. 120, 1986; No. 121, 1995 Heading to Div. 7 of Part III ad. No. 121, 1995 S. 67 am. No. 120, 1986; No. 121, 1995 (as am. by No. 92, 1999) S. 68 am. No. 120, 1986 rep. No. 121, 1995 Heading to Div. 8 of Part III ad. No. 121, 1995 S. 69 am. No. 120, 1986 rs. No. 121, 1995 Heading to Div. 9 of Part III ad. No. 121, 1995 S. 69A ad. No. 120, 1986 rs. No. 121, 1995 Heading to Div. 10 of Part III ad. No. 121, 1995 Heading to Subdiv. A of Div. 10 of Part III ad. No. 121, 1995 Ss. 69B-69L ad. No. 121, 1995 Heading to Subdiv. B of Div. 10 of Part III ad. No. 121, 1995 Ss. 69M-69Q ad. No. 121, 1995 Heading to Subdiv. C of Div. 10 of Part III ad. No. 121, 1995 S. 69R ad. No. 121, 1995 Heading to Subdiv. D of Div. 10 of Part III ad. No. 121, 1995 S. 69S ad. No. 121, 1995 Heading to Subdiv. E of Div. 10 of Part III ad. No. 121, 1995 S. 69T ad. No. 121, 1995 Heading to Subdiv. F of Div. 10 of Part III ad. No. 121, 1995 S. 69U ad. No. 121, 1995 Heading to Subdiv. G of Div. 10 of Part III ad. No. 121, 1995 Ss. 69V, 69W ad. No. 121, 1995 Heading to Subdiv. H of Div. 10 of Part III ad. No. 121, 1995 Ss. 70, 71 am. No. 120, 1986 rep. No. 121, 1995 S. 71A ad. No. 120, 1986 am. No. 121, 1995 Heading to Part IV ad. No. 121, 1995 S. 72 am. No. 120, 1986; No. 121, 1995 S. 73 am. No. 120, 1986 rep. No. 121, 1995 S. 75 am. No. 120, 1986; No. 21, 1992 S. 75A ad. No. 120, 1986 S. 76 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 76A ad. No. 120, 1986 am. No. 121, 1995; No. 92, 1999 Heading to s. 77 am. No. 121, 1995 S. 77 am. No. 121, 1995 S. 80 am. No. 120, 1986; No. 133, 1991; No. 121, 1995 S. 81 am. No. 121, 1995 Schedule 2A ad. No. 121, 1995 Schedule 9 ad. No. 121, 1995 Notes to the - NOTES 2 Subsection 9(1)—The Schedules 1, 2, 2A, 4, 6, 7 and 9 are deemed to be amended by declarations under subsection 9(1) of the Wildlife Protection (Regulation of Export and Imports) Act , by the Minister. The following declarations have been incorporated in the Schedules below: GN44 5 November 1997, p. 3229 GN3 21 January 1998, p. 236 S524 29 September 2000 P18 8 September 2000 S576 7 November 2000 Schedule 1— SCHEDULE 1 —PART I—SPECIMENS A specimen that is an artificially propagated hybrid produced from one or more of those species or taxa of plants set out in Part IV, other than a seed or pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers of these hybrids. A specimen, other than faeces, that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part II. A specimen, other than faeces, that is, or is derived from, an animal that is, or has been, part of a population specified in Part III. A specimen, that is, or is derived from, a plant of a genus, species or sub-species specified, or described, in Part IV, other than a seedling, tissue culture obtained in vitro, in solid or liquid media, transported in sterile containers of the family Orchidaceae. A specimen, other than faeces, that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part V. A specimen that is, or is derived from an animal or plant of a genus, species or sub species specified in the list of threatened species referred to in s178 of the Environment Protection and Biodiversity Conservation Act 1999, as amended from time to time under s184 of that Act, other than: [Yuml] faeces; [Yuml] seeds (other than of species also listed in Part IV) [Yuml] a specimen that is, or is derived from, an artificially propagated specimen [Yuml] a seedling, tissue culture obtained in vitro, in solid or liquid media, transported in sterile containers of the family Orchidaceae; and [Yuml] seed, pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers, derived from an artificially propagated hybrid plant produced from one or more of the species or taxa specified. SPECIES LISTED ON APPENDIX I OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA AND FAUNA (CITES), as adopted by the Conference of the Parties, valid from 19 July 2000. SCHEDULE 1 —PART II - ANIMALS Division 1—Class Amphibia Order Family Genus Species or sub-species Common name ANURA Microhylidae Dyscophus antongilii Bufonidae Altiphrynoides (Nectophrynoides) spp. Atelopus varius zeteki Zetek's frog, (Panamanian) golden or Golden arrow poison frog Bufo periglenes Golden toad Bufo superciliaris Nectophrynoides spp. Nimbaphrynoides (Nectophrynoides) spp. Spinophrynoides (Nectophrynoides) spp. CAUDATA SALAMANDERS Cryptobranchidae Andrias (Megalobatrachus) spp. Giant salamanders Division 2—Class Aves Order Family Genus Species or sub-species Common name ANSERIFORMES Anatidae DUCKS, GEESE, SWANS Anas aucklandica (=Anas chlorotis/ Anas nesiotis) Auckland Island flightless teal, Campbell Island flightless teal or Campbell Island brown teal or New Zealand brown teal Anas laysanensis (Anas platyrhynchos laysanensis) Laysan duck or Laysan teal Anas oustaleti (possibly a hybrid between A. Platyrhynchos and A. superciliosa) Marianas duck, Island duck, Oustalet's grey mallard or Marianas mallard Branta canadensis leucopareia Aleutian goose or Canada goose Branta sandvicensis Hawaiian goose or Nene duck Cairina scutulata White-winged wood duck Rhodonessa caryophyllacea Pink-headed duck APODIFORMES Trochilidae HUMMINGBIRDS Ramphodon (Glaucis) dohrnii Hook billed hermit CHARADRIIFORMES Laridae GULLS, TERNS Larus relictus Relict or khar gull Scolopacidae SANDPIPERS, SNIPE Numenius borealis Eskimo curlew Tringa guttifer Nordmann's or spotted greenshank Numenius tenuirostris Slender curlew, billed or long billed curlew CICONIIFORMES Ciconiidae STORKS Ciconia boyciana (Ciconia ciconia boyciana) Japanese or White oriental stork Jabiru mycteria Jabiru Mycteria cinerea Milky woodstork Threskiornithidae IBISES, SPOONBILLS Geronticus eremita Hermit ibis Nipponia nippon Japanese crested ibis COLUMBIFORMES Columbidae DOVES, PIGEONS Caloenas nicobarica Nicobar pigeon or Nicobar dove Ducula mindorensis Mindoro imperial pigeon or Mindoro zone-tailed pigeon CORACIIFORMES Bucerotidae HORNBILLS Aceros nipalensis Rufous necked hornbill Aceros subruficollis Blyth's hornbill Buceros bicornis Great pied hornbill or Great Indian hornbill Buceros (Rhinoplax) vigil Helmeted hornbill FALCONIFORMES (ACCIPITRIFORMES) Accipitridae HAWKS, EAGLES Aquila (heliaca adalberti) adalberti Spanish imperial eagle Aquila heliaca Imperial eagle Chondrohierax (wilsonii) uncinatus wilsonii Cuba(n) hook-billed kite Haliaeetus albicilla White-tailed (sea) or Grey sea eagle Haliaeetus leucocephalus (American) bald eagle Harpia harpyja Harpy eagle Pithecophaga jefferyi Philippine or Monkey-eating eagle Cathartidae VULTURES, CONDORS Gymnogyps californianus California condor Vultur gryphus Andean condor Falconidae FALCONS, CARACARAS Falco araea Seychelles kestrel Falco jugger Laggar falcon Falco pelegrinoides (Falco. Peregrinus babylonicus/ Falco peregrinus pelegrinoides) Barbary falcon Falco peregrinus Peregrine falcon Falco punctatus Mauritius kestrel Falco rusticolus Gyrfalcon GALLIFORMES Cracidae CURASSOWS, GUANS Crax blumenbachii Red-billed curassow Mitu (Crax mitu) mitu Razor billed curassow Oreophasis derbianus Horned guan Penelope albipennis White-winged guan Pipile (Aburria) jacutinga Black-faced piping, Black-fronted piping guan or Black-fronted curassow Jacutinga Pipile (Aburria) (pipile pipile) pipile Trinidad white headed curassow, or Trinidad white headed piping guan Megapodiidae MEGAPODES Macrocephalon maleo Maleo (bird) or Megapode Phasianidae PHEASANTS, GROUSE Catreus wallichii Cheer pheasant Colinus virginianus ridgwayi Masked bobwhite Crossoptilon White eared or crossoptilon Tibetan eared pheasant Crossoptilon (crossoptilon) harmani Crossoptilon mantchhuricum Pheasant, brown eared Lophophorus impejanus Monal pheasant Lophophorus lhuysii Chinese monal pheasant Lophophorus sclateri Sclater's monal pheasant Lophura edwardsi Edward's pheasant Lophura imperialis Imperial pheasant Lophura swinhoii Swinhoe's pheasant Polyplectron emphanum Palawan peacock pheasant Rheinardia (nigrescens) ocellata Rheinard's pheasant Syrmaticus ellioti Elliot's pheasant Syrmaticus humiae Hume's bar-tailed or Mrs Hume's pheasant Syrmaticus mikado Mikado pheasant Tetraogallus caspius Caspian snowcock Tetraogallus tibetanus Tibetan snowcock Tragopan blythii Blyth's tragopan Tragopan caboti Cabot's tragopan Tragopan melanocephalus Western (horned) tragopan Tympanuchus cupido attwateri Attwater's (greater) prairie chicken GRUIFORMES Gruidae CRANES Grus americana Whooping crane Grus canadensis nesiotes Cuba sandhill crane Grus canadensis pulla Mississippi sandhill crane Grus japonensis Japanese, Manchurian or Red-crowned crane Grus leucogeranus Siberian white, Snow or Great white crane Grus monacha Hooded crane Grus nigricollis Black-necked or Tibetan crane Grus vipio White-naped or (Japanese) White necked crane Otididae BUSTARDS Ardeotis (Choriotis) nigriceps Great Indian bustard Chlamydotis undulata Houbara bustard Eupodotis (Houbaropsis) bengalensis Bengal or Great bustard, Bengal florican Rallidae RAILS, COOTS Gallirallus Lord Howe Island (Tricholimnas) sylvestris woodhen Rhynochetidae Rhynochetos jubatus Kagu PASSERIFORMES Atrichornithidae SCRUB BIRDS Atrichornis clamosus Noisy scrub bird or Western scrub bird Cotingidae COTTINGAS Cotinga maculata Spotted or banded cotinga Xipholena atropurpurea White-winged cotinga Fringillidae Carduelis (Spinus) cucullata Red siskin Hirundinidae SWALLOWS, MARTINS Pseudochelidon sirintarae White-eyed river martin Icteridae AMERICAN ORIOLES AND BLACKBIRDS Agelaius (=Xanthopsar) flavus Saffron-cowled blackbird Meliphagidae Lichenostomus melanops cassidix (Meliphaga cassidix) Helmeted honeyeater Muscicapidae Dasyornis broadbenti litoralis Dasyornis (brachypterus) longirostris Western bristlebird Picathartes gymnocephalus White-necked bald crow Picathartes oreas Grey-necked bald crow Pittidae Pitta gurneyi Gurney's pitta Pitta kochi Koch's pitta Zosteropidae Zosterops albogularis Silvereye, White breasted or White chested white eye Sturnidae STARLINGS Leucopsar rothschildi Rothchild's mynah PELECANIFORMES Fregatidae Fregata andrewsi FRIGATEBIRDS Christmas Island frigatebird Pelicanidae PELICANS Pelecanus crispus Dalmation pelican Sulidae GANNETS, BOOBIES Papasula (Sula) abbotti Abbott's booby PICIFORMES Picidae WOODPECKERS Campephilus imperialis Imperial woodpecker Dryocopus Tristram's or White javensis richardsi bellied black woodpecker PODICIPEDIFORMES Podicipedidae GREBES Podilymbus gigas Atitlan (pied-billed) or Giant pied-billed grebe PROCELLARIIFORMES Diomedeidae ALBATROSSES Diomedea albatrus Short-tailed or Steller's albatross PSITTACIFORMES Psittacidae PARROTS Amazona arausiaca Red-necked amazon Amazona barbadensis Yellow-shouldered amazon Amazona brasiliensis Red-tailed amazon Amazona St Vincent amazon guildingii Amazona imperialis Imperial amazon Amazona leucocephala Cuban or Bahaman parrot Amazona pretrei Red spectacled amazon parrot Amazona (dufresniana) rhodocorytha Red-crowned amazon, Red-browed or Red crowned Amazona tucumana Tucuman amazon Amazona versicolor St Lucia amazon Amazona vinacea Vinaceous amazon or Vinaceous (breasted) parrot Amazona viridigenalis Amazona vittata Puerto Rican or Red fronted amazon Anodorhynchus spp. Macaws Ara ambigua Green macaw Ara glaucogularis (often traded under the incorrect designation Ara caninde) Caninde macaw Ara macao Scarlet macaw Ara maracana Illiger's macaw Ara militaris Military macaw Ara rubrogenys Red-fronted macaw Aratinga guarouba Golden parakeet, Golden or Queen of Bavaria's conure Cacatua goffini Goffin's cockatoo Cacatua haematuropygia Philippine or Red vented cockatoo Cacatua moluccensis Salmon crested cockatoo Cyanopsitta spixii Spix's little blue or Macaw Cyanoramphus Forbes' or Yellow auriceps forbesi fronted parakeet, Forbes' kakariki Cyanoramphus (novaezelandiae cookii) cookii Norfolk Island Parrot Cyanoramphus novaezelandiae Red-fronted parakeet Cyclopsitta (Opopsitta) diophthalma coxeni (also referenced as Psittaculirostris diophthalma coxeni) Coxen's fig-parrot Eos histrio Red and Blue lory Eunymphicus cornutus Horned or Uvea parakeet Geopsittacus (Pezoporus) occidentalis Night parrot Neophema chrysogaster Orange-bellied parrot Ognorhynchus icterotis Yellow-eared conure Pezoporus Ground parrot wallicus Pionopsitta pileata Pileated or Red capped parrot Probosciger aterrimus Palm cockatoo Psephotus chrysopterygius Golden-shouldered parrot Psephotus (chrysopterygius) dissimilis Hooded parrot Psephotus pulcherrimus Paradise parrot Psittacula (krameri echo) echo Mauritius ring-necked parakeet Pyrrhura cruentata Blue-throated or Red rumped conure, Ochre-marked parakeet Rhynchopsitta spp. Thick-billed or maroon-fronted parrot Strigops habroptilus Kakapo or Owl parrot Vini ultramarina Ultramarine lorikeet SPHENISCIFORMES Spheniscidae PENGUINS Spheniscus humboldti Humboldt or Peruvian penguin STRIGIFORMES Strigidae OWLS Athene blewitti Forest little owl or Forest spotted owl Mimizuku (Otus) gurneyi Giant scops owl Strigidae (continued) Ninox novaeseelandiae (royana) undulata Norfolk Island boobook owl Ninox squamipila natalis Christmas Island (hawk) owl Tytonidae BARN OWLS Tyto soumagnei Soumagne's owl or Madagascar grass owl TINAMIFORMES Tinamidae TINAMOUS Tinamus solitarius Solitary tinamou TROGONIFORMES Trogonidae TRIGONS, QUETZALS Pharomachrus mocinno Resplendent quetzal Division 3—Class Mammalia Schedule 1 Order Family Genus species or sub-species Common name ARTIODACTYLA Bovidae PRONGHORNS, ANTELOPES, CATTLE, DUIKERS, GAZELLES, SHEEP Addax nasomaculatus Addax Bos gaurus (=B.frontalis) Gaur, Saladang or Indian wild ox Bos mutus (=B.grunniens) (except specimens of domesticated form) Wild yak Bos (=Novibos) sauveli Kouprey Bubalus (=Anoa) depressicornis Lowland anoa Bubalus (=Anoa) mindorensis Tamaraw or Tamarou Bubalus (=Anoa) quarlesi Mountain anoa Capra falconeri Markhor Cephalophus jentinki Jentink's duiker Gazella dama Dama gazelle Hippotragus niger variani Giant antelope or Sable Naemorhedus (Capricornis) sumatraensis Serow Nemorhaedus (goral) baileyi, Goral Nemorhaedus (goral) caudatus, Nemorhaedus goral Oryx dammah (= Oryx tao) Scimitar-horned oryx or White oryx Oryx leucoryx Arabian oryx Ovis ammon hodgsonii Great Tibetan sheep or Nyan Ovis ammon nigrimontana Ovis orientalis ophion (=O.aries ophion) Urial or Cyprian mouflon Ovis vignei vignei Urial Pantholops hodgsoni Chiru or Tibetan antelope Pseudoryx nghetinhensis Vu Quang Ox Rupicapra pyrenaica ornata (Rubricapra Abruzzi chamois rupicapra ornata) Cervidae DEER Axis (Cervus) porcinus annamiticus Hog deer Axis (Cervus) porcinus calamianensis Calamain deer Axis (Cervus) porcinus kuhli Kuhl's or Bawean deer Blastocerus dichotomus Marsh deer Dama (Cervus) dama mesopotamicus (mesopotamica) Fallow deer, Persian or Mesopotamian swamp deer Cervus duvaucelii Swamp deer or Barasingha Cervus elaphus hanglu Kashmir deer or Hangul Cervus eldii Eld's deer or Thamin Hippocamelus spp. Heumal or Guemal Megamuntiacus vuquanghensis Giant muntjac Muntiacus crinifrons Black muntjac or Hairy-fronted muntjac Ozotoceros bezoarticus Pampas deer Pudu pudu Southern or Chilean pudu Suidae PIGS, BOARS Babyrousa babyrussa Babirusa or deer hog Sus salvanius Pygmy hog Tayassuidae PECCARIES Catagonus wagneri Chacoan peccary CETACEA [see Schedule 3] Whales, Dolphins and Porpoises CARNIVORA Canidae DOGS, WOLVES, COYOTES, JACKALS, FOXES Speothos venaticus Bush dog, or Savannah dog Felidae CATS Acinonyx jubatus Cheetah Catopuma (Felis) temmincki Asiatic golden cat or Temmick's golden cat Felis nigripes Black-footed cat Leopardus (Felis) pardalis Ocelot Leopardus tigrinus (Felis tigrina) Tiger cat, Little spotted cat, Ocelot cat or Oricilla Leopardus (Felis) wiedii Margay Lynx (Felis pardina/F. lynx pardina) pardinus Lynx Neofelis nebulosa Clouded leopard Oncifelis (Felis) geoffroyi Geoffroy's cat Oreailurus (Felis) jacobita Mountain or Andean cat Panthera leo persica Asiatic or Indian lion Panthera onca Jaguar Panthera pardus Leopard Panthera tigris Tiger Pardofelis (Felis) marmorata Marbled cat Prionaulurus (Felis) planiceps Flat-headed cat Puma (Felis) concolor coryi Florida cougar, Florida puma or Florida panther Puma (Felis) concolor costaricensis Costa Rica or Central American puma Puma (Felis) concolor cougar Eastern cougar, Eastern puma or Eastern panther Unicia (Panthera) uncia Snow leopard Mustelidae Lutrinae WEASELS, POLECATS, MARTENS, WOLVERINES, SKUNKS, OTTERS, BADGERS Enhydra lutris nereis Southern sea otter or Californian sea otter Lontra (Lutra) felina Marine otter or Chungungo Lontra (Lutra) longicaudis (= Lutra platensis/annectens/ enudris/incarum) Neotropical river otter Lontra (Lutra) provocax Southern river otter Lutra lutra Eurasian or European river otter Pteronura brasiliensis Giant or Brasilian otter Mustelinae Mustela nigripes Black-footed ferret Ursidae BEARS Ailuropoda melanoleuca Giant panda Ailurus fulgens Lesser or Red panda Helarctos malayanus Sun bear or Malayan sun bear Melursus ursinus Sloth bear Tremarctos ornatus Spectacled bear or Andean bear Ursus arctos isabellinus Red bear or Himalayan brown bear Ursus (Selenarctos) thibetanus Asian black bear or Himalayan black bear Viverridae MONGOOSES, CIVETS, GENETS Prionodon pardicolor Spotted linsang CHIROPTERA Pteropodidae BATS AND FLYING FOXES Acerodon jubatus Golden crowned flying fox Acerodon lucifer Panay giant fruit bat Pteropus insularis Carolines fruit bat or Chuuck (Truk) fruit bat Pteropus mariannus Marianus fruit bat Pteropus molossinus Pohnpei fruit bat Pteropus phaeocephalus Mortlock Islands fruitbat Pteropus pilosus Belau fruit bat Pteropus samoensis Samoa fruit bat Pteropus tonganus Insular fruit bat DIPROTODONTA Macropodidae KANGAROOS, WALLABIES Lagorchestes hirsutus Rufous hare-wallaby Lagostrophus fasciatus Banded hare-wallaby Onychogalea fraenata Bridled nailtail wallaby Onychogalea lunata Crescent nailtail wallaby Potoroidae Bettongia spp. Bettong Caloprymnus campestris Desert rat-kangaroo Vombatidae WOMBATS Lasiorhinus krefftii Northern hairy-nosed wombat LAGOMORPHA Leporidae RABBITS, HARES Caprolagus hispidus Assam rabbit or Hispid hare Romerolagus diazi Volcano rabbit PERISSODACTYLA Equidae HORSES, ASSES, ZEBRAS Equus africanus (asinus) African wild ass Equus grevyi Grevy's zebra Equus hemionus hemionus Mongolian wild ass, Kulan or oziggetai ass Equus (hemionus) onager khur Indian wild ass or Ghor-khar, khar Equus przewalskii (caballus przewalskii) Przewalski's or Wild Asian horse Equus zebra zebra Cape Mountain zebra Rhinocerotidae (All species of the family Rhinocerotidae other than Ceratotherium simum simum) RHINOCEROSES Tapiridae (All species of the family Tapiridae other than Tapirus terrestris) TAPIRS PINNIPEDIA Otariidae EARED SEALS Arctocephalus townsendi Guadeloupe fur seal Phocidae SEALS Monachus spp. Monk seals POLYPROTODONTA (Dasyuromorphia) Dasyuridae Sminthopsis longicaudata Long-tailed dunnart Sminthopsis psammophila Sandhill dunnart PERAMELEMORPHIA Peramelidae BANDICOOTS Chaeropus ecaudatus Pig-footed bandicoot Perameles bougainville Western barred bandicoot Macrotis lagotis Bilby Macrotis leucura Lesser bilby Thylacinidae Thylacinus cynocephalus THYLACINE PRIMATES MARMOSETS, TAMARINS Callithricidae Callimico goeldii Goeldi's marmoset or Goeldi's tamarin Callithrix (jacchus) aurita White-eared or Buffy Tufted-ear marmoset Callithrix (jacchus) flaviceps Buffy-headed marmoset Leontopithecus (Leontideus) spp. Golden or Lion tamarins Saguinus bicolor Pied bare-face tamarin Saguinus leucopus Silvery-brown bare face or White-footed tamarin Saguinus oedipus Cotton top tamarin Saguinus (oedipus) geoffroyi Cebidae CAPUCHIN-LIKE MONKEYS Alouatta coibensis Mantled or Guatemalan howler Alouatta palliata Alouatta pigra Ateles geoffroyi frontatus Black-browed spider monkey Ateles geoffroyi panamensis Panama spider monkey or Red ( bellied) spider monkey Brachyteles arachnoides Woolly spider monkey Cacajao spp. Uakaris Chiropotes albinasus White-nosed saki Lagothrix flavicauda Yellow tailed woolly monkey Saimiri oerstedii Red-backed squirrel monkey or Central American squirrel monkey Cercopithecidae OLD WORLD MONKEYS, BABOONS, MACAQUES, GUENONS Cercocebus galeritus galeritus Tana River mangabey Cercopithecus diana Diana monkey (=C. roloway) Macaca silenus Lion-tailed macaque Nasalis (=Simias) concolor Proboscis monkey Nasalis larvatus Probiscis monkey Mandrillus (Papio) leucophaeus Drill Mandrillus (Papio) sphinx Mandrill Semnopithecus (Presbytis) entellus Surelis or Entellus, True hanuman or Common langur Trachypithecus (Presbytis/ Semnopithecus) geei Golden langur Trachypithecus (Presbytis/ Semnopithecus) pileatus Capped langur or Bonneted capped monkey Presbytis potenziani Mentawi Islands sureli, Long-tailed langur or Mentawi leaf monkey Procolobus (=Colobus) pennantii Kirk's red colobus or Zanzibar red colobus (=badius) kirkii Procolobus (=Colobus) rufomitratus Tana River red colobus (=badius rufomitratus) Pygathrix (=Rhinopithecus) spp. Snub-nosed monkeys Cheirogaleidae (All species of the family Cheirogaleidae) DWARF AND MOUSE LEMURS Daubentoniidae Daubentonia madagascariensis AYE-AYE Hylobatidae (All species of the family Hylobatidae) GIBBONS Indriidae (All species of the family Indriidae) INDRIS, SIFAKAS WOOLLY LEMURS Lemuridae (All species of the family Lemuridae) LEMURS Megaladapidae (All species of the family Megaladpidae (Lemuridae) LEMURS Hominidae GREAT APES Gorilla gorilla Gorilla Pan spp. Chimpanzees Pongo pygmaeus Orang-utan PROBOSCIDEA Elephantidae ELEPHANTS Elephas maximus Asian or Indian elephant Loxodonta africana African elephant RODENTIA Chinchillidae Chinchilla spp. (except specimens of the domesticated form) Wild chinchilla Muridae RATS, MICE Leporillus conditor Greater stick-nest rat or House-building rat Pseudomys praeconis Shark Bay mouse or False mouse Xeromys myoides False water-rat Zyzomys pedunculatus Central rock-rat or Macdonald Range rock rat Sciuridae SQUIRRELS Cynomys mexicanus Mexican prairie dog or Mexican prairie marmot SIRENIA Trichechidae MANATEES, SEA COWS Trichechus inunguis South American or Amazonian manatee Trichechus manatus Caribbean, North American or West Indian manatee Dugongidae Dugong dugon Dugong XENARTHRA Dasypodidae ARMADILLOS Priodontes maximus Giant armadillo (= Priodontes giganteus) Division 4—Class Mollusca Order Family Genus Species or sub-species Common name UNIONOIDA Unionidae MUSSELS Conradilla caelata Birdwing pearly mussel or Rimose naiad Dromus (Chonchodromus) dromas Dromedary pearly mussel or Dromedary naiad Epioblasma (Dysnomia/Plagiola) curtisi Curtis pearly mussel or Curtis' naiad Epioblasma (Dysnomia/Plagiola) florentina Yellow-blossom, pearly mussel, or Yellow-blossom naiad Epioblasma (Dysnomia/Plagiola) sampsoni Sampson's pearly mussel or Sampson's naiad Epioblasma (Dysnomia/Plagiola) sulcata perobliqua White catspaw mussel Epioblasma (Dysnomia/Plagiola) torulosa gubernaculum Epioblasma (Dysnomia/Plagiola) torulosa torulosa Tuberculed-blossom pearly mussel Tuberculed blossomn niad Epioblasma (Dysnomia/Plagiola) turgidula Turgid-blossom pearly mussel or Turgid-blossom naiad Epioblasma (Dysnomia/Plagiola) walkeri Brown-blossom mussel, Tan rifle shell or Brown blossom naiad Fusconaia cuneolus Fine-rayed pearly pigtoe mussel Fusconaia edgariana Pearly shiny pigtoe mussel Lampsilis higginsii Pearly Higgin's eye mussel Lampsilis orbiculata orbiculata Pearly pink mucket mussel Lampsilis satur Plain pocketbook mussel Lampsilis virescens Alabama lamp pearly mussel or Alabama lamp naiad Plethobasus cicatricosus Pearly white wartyback mussel Plethobasus cooperianus Orange-footed pimpleback mussel Pleurobema plenum Pearly rough pigtoe mussel Potamilus (Proptera) capax Pearly fat pocketbook mussel Quadrula intermedia Cumberland monkeyfacemussel Quadrula sparsa Appalachian monkeyface pearly mussel Toxolasma (Carunculina) cylindrella Pale lilliput pearly mussel or Pale lilliput naiad Unio (Megalonaias) nickliniana Nicklin's pearly mussel Unio (Cyrtonaias/Lampsilis) tampicoensis tecomatensis Tampico pearly mussel Villosa (Micromya) trabalis Pearly Cumberland bean mussel GASTROPODA STYLOMMATOPHORA Achatinellidae Snails Achatinella spp. Division 5—Class Pisces Order Family Genus Species or sub-species Common name ACIPENSERIFORMES FISH Acipenseridae Acipenser brevirostrum Shortnose sturgeon Acipenser sturio Common or Baltic sturgeon COELACANTHIFORMES Latimeriidae Latimeria spp. Coelacanth CYPRINIFORMES Catostomidae Chasmistes cujus Cui-ui Cyprinidae Probarbus jullieni Ikan, Temoleh, Pla eesok (Thai) or Ikan temelian (Malay) OSTEOGLOSSIFORMES Osteoglossidae Scleropages formosus Asian bonytongue fish PERCIFORMES Sciaenidae Cynoscion macdonaldi MacDonald weakfish or Totoaba SILURIFORMES Pangasiidae Pangasianodon gigas Giant catfish Division 6—Class Reptilia Order Family Genus Species or sub-species Common name CROCODYLIA Alligatoridae ALLIGATORS, CAIMANS Alligator sinensis China or Chinese alligator Caiman crocodilus apaporiensis Rio Apaporis (spectacled) caiman or Apaporis River caiman Caiman latirostris (Population outside of Argentina) Broad-nosed or Broad-snouted caiman Crocodylidae CROCODILES Crocodylus acutus American crocodile Crocodylus cataphractus African slender snouted crocodile or African sharp-nosed crocodile Crocodylus intermedius Orinoco crocodile Crocodylus moreletii Morelet's crocodile Crocodylus (mindorensis) Mindoro crocodile or novaeguineae mindorensis Philippine crocodile Crocodylus palustris Marsh, broad-snouted or Mugger crocodile Crocodylus rhombifer Cuban crocodile Crocodylus siamensis Siamese crocodile Osteolaemus tetraspis (African) dwarf crocodile Tomistoma schlegelii False gavial or Tomistoma (crocodile) False gharial Gavialidae GAVIALS Gavialis gangeticus (Indian) gavial, Gharial RHYNCHOCEPHALIA Sphenodontidae Sphenodon spp. TUATARA SAURIA Iguanidae IGUANAS Brachylophus spp. Banded & Fiji crested iguanas Cyclura spp. West Indian rock or Ground iguanas Sauromalus varius San Esteban Island chuckwalla Lacertidae TRUE LIZARDS Gallotia simonyi Varanidae MONITORS Varanus bengalensis Indian or Bengal monitor Varanus flavescens Yellow or Ruddy snub-nosed monitor, Yellow land or Indian) oval-grain lizard Varanus griseus Grey monitor or Desert monitor Varanus komodoensis Komodo dragon, Ora or Komodo (Island) monitor SERPENTES Boidae BOAS, PYTHONS Acrantophis spp. Madagascar boas Boa (Constrictor) constrictor occidentalis Boa constrictor Boidae Bolyeria multocarinata Round Island boas (continued) Casarea dussumieri Keel-scaled or Round Island boas Epicrates inornatus Puerto Rican or Yellow tree boa, Culebra grande Epicrates monensis Boa Epicrates subflavus Jamaica(n) boa Python molurus molurus (pimbra) Indian (rock) or Tiger python Sanzinia madagascariensis (manditra) Madagascar tree boa or Sanzinia TESTUDINATA TURTLES, TORTOISES Chelidae Pseudemydura umbrina Short-necked turtle, Swamp or Western swamp tortoise Cheloniidae (All species in the family Cheloniidae) (True) Sea turtles Dermochelyidae Dermochelys coriacea Leathery, Leather backed turtle or Luth Emydidae Batagur baska River or tuntong terrapin, Common batagur Clemmys muhlenbergi Bog or Muhlenberg's turtle Geoclemys (Damonia) hamiltonii Black pond or Spotted pond turtle, Hamilton's terrapin Kachuga (tecta tecta) tecta Indian tent or Indian roof turtle, or Indian sawback or Dura Melanochelys (Geoemyda/Nicoria) tricarinata Three-keeled or Asian three-keeled turtle, Bengal three-keeled land terrapin or Three-keeled land tortoise Morenia ocellata Burmese swamp or Burmese peacock turtle, or Bengal eyed terrapin Terrapene coahuila Aquatic box turtle, Water box or Coahuila Testudinidae Geochelone (Testudo) nigra (elephantopus) Galapagos giant tortoise, (Madagascar) radiated Geochelone (Testudo) radiata Tortoise Geochelone (Testudo) yniphora Madagascar or Angulated tortoise, or Angonoka Gopherus flavomarginatus Bolson tortoise or Mexican giant gopher Psammobates (Testudo) geometricus Geometric tortoise Testudo kleinmanni Egyptian tortoise Trionychidae Apalone ater Black soft-shell(ed) or Black mud turtle, or Cuatro Cienagas soft shell(ed) turtle Trionyx (Aspideretes) gangeticus Ganges soft-shell(ed) turtle, or Indian soft shell(ed) turtle Trionyx (Aspideretes) hurum Peacock-marked soft shell(ed) turtle or Brown soft-shell(ed) turtle Trionyx (Aspideretes) nigricans Dark-coloured soft shell (ed) turtle or Sacred black mud turtle LEPIDOPTERA Papilionidae BIRDWING BUTTERFLIES Ornithoptera alexandrae Queen Alexandra's butterfly Papilio chikae Luzon peacock butterfly Papilio homerus Homerus swallowtail Papilio hospiton Corsican swallowtail SCHEDULE 1 - PART III—POPULATIONS OF ANIMALS Populations of animals of the species Antilocapra americana in Mexico. Populations of animals of the species Aonyx congicus (microdon) or Paraonyx microdon (Cameroon clawless otter) in Cameroon and Nigeria. Populations of animals of the species Canis lupus (Wolf) in Bhutan, India, Nepal or Pakistan. Populations of animals of the species Caracal (Felis/Lynx) caracal (Desert lynx or Caracal) in Asia. Populations of animals of the species Ceratotherium simum simum (White rhinoceros) outside South Africa. Populations of animals of the species Caiman latirostris outside Argentina. Populations of animals of the species Crocodylus niloticus in areas outside Botswana, Ethiopia, Kenya, Malawi, Mozambique, South Africa, Zambia and Zimbabwe. Populations of animals of the species Crocodylus niloticus outside Madagascar and Uganda subject to specified export quotas without being subject to such quotas (proposals submitted pursuant to Resolution Conf. 3.15 on Ranching). Populations of animals of the species Crocodylus niloticus outside the United Republic of Tanzania. Populations of animals of the species Crocodylus porosus in areas outside Australia, Indonesia and Papua New Guinea. Populations of animals of the species Falco newtoni (Aldabra kestrel) in Seychelles. Populations of animals of the species Herpailurus (Felis) yagouaroundi (Jaguarundi) in Central and North America. Populations of animals of the species Melanosuchus niger (Black caiman) outside Ecuador. Populations of animals of the genus Moschus (Musk deer) in Afghanistan, Bhutan, Myanmar, India, Nepal and Pakistan. Populations of the animals of the sub-species Prionailurus (Felis) bengalensis bengalensis (Leopard cat) in Bangladesh, India and Thailand. Populations of animals of the species Prionailurus (Felis) rubiginosus (Rusty spotted cat) in India. Populations of animals of the species Rhea pennata (Darwin's rhea) outside Argentina. Populations of animals of the species Struthio camelus (Ostrich) in Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal, and the Sudan. Populations of animals of the species Ursus arctos (Grizzly or Brown bear) in Bhutan, China, Mexico and Mongolia. Populations and parts of populations of animals of the species Vicugna vicugna (Vicuna) which are not specified in Part III of Schedule 2. Populations of animals of the species Vipera ursinii (Orsini's viper) in Europe, except the area which formerly constituted the Union of Soviet Socialist Republics. SCHEDULE 1— PART IV— PLANTS Family Genus species or sub-species Agavaceae Agave arizonica Agave parviflora Nolina interrata Apocynaceae Pachypodium ambongense Pachypodium baronii Pachypodium decaryi Araucariaceae Araucaria araucana Cactaceae Ariocarpus (=Neogomesia and Roseocactus) spp. Astrophytum (Echinocactus) asterias Aztekium ritteri Coryphantha (Mammillaria) werdermannii (=Coryphantha Densispina) Discocactus spp. Echinocereus ferreirianus var. lindsayi (Echinocereus Iindsayi) Echinocereus (Cereus / Wilcoxia) schmollii Escobaria (Coryphantha) minima (formerly included in Escobaria sneedii) Escobaria (Coryphantha) sneedii (Escobaria leei) Mammillaria pectinifera ( = Solisia pectinata) Mammillaria solisioides Melocactus conoideus Melocactus deinacanthus Melocactus glaucescens Melocactus paucispinus Obregonia denegrii Pachycereus (Backebergia/Cephalocereus/Mitrocereus) militaris (=Pachycereus chrysomallus) Pediocactus (Toumeya) bradyi (includes Pediocactus vradyi spp. Despainii and Pediocactus bradyi spp. winkleri and synonyms Pediocactus despainii and Pediocactus winkleri) Pediocactus (Toumeya) knowltonii Pediocactus paradinei Pediocactus (Navajoa /Toumeya / Utahia) peeblesianus (includes Pediocactus peeblesianus var. fickeisenii) Pediocactus (Echinocactus / Utahia) sileri Pelecyphora (Encephalocarpus) spp. Sclerocactus brevihamaticus (= Ancistrocactus tobuschii and Ferocactus tobuyschii) Sclerocactus (Echinomastus/Neolloydia) erectocentrus (includes synonyms Echinomastus acunensis and E. krausei) Sclerocactus glaucus (includes synonyms Ferocactus glaucus, Sclerocactus brevispinus, Sclerocactus wetlandicus and Sclerocactus wetlandicus ssp. ilseae) Sclerocactus (Echinocactus/Echinomastus/Neolloydia) mariposensis Sclerocactus mesae-verdae (also referenced in genera Coloradoa, Echinocactus, Ferocactus and Pediocactus) Sclerocactus papyracanthus (also referenced in genera Echinocactus, Mammillaria, Pediocactus and Toumeya) Sclerocactus (Echinocactus/Ferocactus) pubispinus Sclerocactus (Pediocactus) wrightiae Strombocactus spp. Turbinicarpus spp. (Includes generic synonyms Gymnocactus, Normanbokea and Rapicactus) Uebelmannia spp. Compositae (Asteraceae) Saussurea costus (lappa) Crassulaceae Dudleya traskiae Cupressaceae Fitzroya cupressoides Pilgerodendron uviferum Cycadaceae Cycas beddomei Euphorbiaceae Euphorbia ambovombensis Euphorbia capsaintemariensis (also referenced as Euphorbia decaryi var. capsaintemariensis) Euphorbia cylindrifolia (includes sub-species E. cylindrifolia ssp. Tuberifera) Euphorbia cremersii (includes Euphorbia cremersii fa. viridifolia and Euphorbia cremersii var. rakotozafyi) Euphorbia decaryi (includes Euphorbia decaryi vars. ampanihyensis, robinsonii and spirosticha) Euphorbia francoisii Euphorbia moratii (includes Euphorbia moratii vars. antsingiensis, bemarahensis and multiflora) Euphorbia parvicyathophora Euphorbia quarziticola Euphorbia (capsaintemariensis var. tulearensis) tulearensis Fouquieriaceae Fouquieria fasciculata Fouquieria purpusii Leguminosae (Fabaceae) Dalbergia nigra Liliaceae Aloe albida Aloe albiflora Aloe alfredii Aloe bakeri Aloe bellatula Aloe calcairophila Aloe compressa (inc var. rugosquamosa and var. schistophila) Aloe delphinensis Aloe descoingsii Aloe fragilis Aloe haworthioides (inc. var. aurantiaca) Aloe helenae Aloe laeta (inc. var. maniensis) Aloe parallelifolia Aloe parvula Aloe pillansii Aloe polyphylla Aloe rauhii Aloe suzannae Aloe thorncroftii Aloe versicolor Aloe vossii Nepenthaceae Nepenthes khasiana Nepenthes rajah Orchidaceae Cattleya trianaei Dendrobium cruentum Laelia jongheana Laelia lobata Paphiopedilum spp. Peristeria elata Phragmipedium spp. Renanthera imschootiana Vanda coerulea Pinaceae Abies guatemalensis Podocarpaceae Podocarpus parlatorei Rubiaceae Balmea stormiae Sarraceniaceae Sarracenia alabamensis (rubra ssp. albamensis) ssp. Alabamensis Sarracenia jonesii (rubra ssp. jonesii) Sarracenia oreophila Stangeriaceae Stangeria eriopus (= Stangeria paradoxa) Zamiaceae Ceratozamia spp. Chigua spp. Encephalartos spp. Microcycas calocoma Species determined to be in danger in Japan under Article III to the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Habitats (JAMBA) SCHEDULE 1 - PART V Scientific Name Common Name Diomedea albatrus Short-tailed albatross Phalacrocorax urile Red-faced cormorant Ciconia ciconia boyciana Oriental white stork Nipponia nippon Japanese crested ibis Branta canadensis leucopareia Aleutian Canada goose Haliaeetus albicilla albicilla White-tailed sea eagle Haliaeetus pelagicus pelagicus Steller's sea eagle Accipiter gentilis fugiyamae Goshawk Buteo buteo toyoshimai Bonin buzzard Buteo buteo oshiroi Daito Island buzzard Spizaetus nipalens orientalis Hodgson's hawk eagle Aquila chrysaetos japonica Japanese golden eagle Spilornis cheela perplexus Ryukyu serpent eagle Falco peregrinus fruitii Volcano Islands peregrine falcon Falco peregrinus japanesis Japanese peregrine falcon Lagopus mutus japonicus Japanese ptarmigan Grus japonensis Japanese crane Rallus okinawae Okinawa rail Tringa guttifer Nordmann's greenshank Scolopax mira Amami woodcock Uria aalge inornata Common murre, Guillemot Lunda cirrhata Tufted puffin Columba janthina stejnegeri Stejneger's wood pigeon Columba janthina nitens Red-headed wood pigeon Chalcophaps indica yamashinai Emerald dove Ketupa blakistoni blakistoni Blakiston's fish-owl Sapheopipo noguchii Pryer's woodpecker, Okinawa woodpecker Dendrocopus leucotos owstoni Owston's white-backed woodpecker Picoides tridactylus inouyei Inoue's three-toed woodpecker Pitta brachyura nympha Fairy pitta Erithacus komadori komadori Ryukyu robin Erithacus komadori namiyei Stejneger's ryukyu robin Erithacus komadori subrufus Yaeyama ryukyu robin Turdus dauma amami Amami ground thrush Megalurus pryeri pryeri Japanese swampwarbler Apalopteron familiare hahasima Hahajima honeyeater Carduelis sinica kittlitzi Bonin Islands Japanese greenfinch Garrulus lidthi Lidth's jay Schedule 2— SCHEDULE 2—PART I—SPECIMENS A specimen, other than faeces, that is, or is derived from, an animal of a genus, species or sub-species specified, or described in Part II A specimen, other than faeces, that is, or is derived from, an animal that is, or has been, part of a population specified in Part III. A specimen that is, or is derived from, a plant of a genus, species, or sub-species specified, or described, in Part IV which designate all parts and derivatives, except: a) seeds, spores and pollen (including pollinia), other than: from Mexican cacti originating in Mexico; b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; c) cut flowers of artificially propagated plants other than from a native Australian plant species; d) separate stem joints (pads) and parts and derivatives thereof of naturalised or artificially propagated plants of the genus Opuntia subgenus Opuntia of the family Cactaceae; e) fruits and parts and derivatives thereof of naturalized or artificially propagated plants of the family Cactaceae; f) fruits and parts and derivatives thereof that are derived from an artificially propagated plant of the genus Vanilla; g) spores and chemical derivatives of Rauvolfia serpentina and Podophyllum hexandrum (emodi); h) finished pharmaceutical products of Taxus (baccuta ssp. wallichiana) wallichiana. A specimen, being a log, sawn wood or veneer, that is derived from the species Pericopsis elata or Swietenia mahagoni. A specimen, being a log, wood-chips or unprocessed broken material, that is derived from the species Pterocarpus santalinus. A specimen that is, or is derived from, an artificially propagated plant of a genus, species or sub-species specified in the list of threatened species referred to in s178 of the Environment Protection and Biodiversity Conservation Act 1999, as amended from time to time under s184 of that Act, other than: [Yuml] a seed or spore; or [Yuml] a specimen listed on Schedule 4 SPECIES LISTED ON APPENDIX II OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA AND FAUNA (CITES), as adopted by the Conference of the Parties, valid from 19 July 2000. SCHEDULE 2—PART II—ANIMALS Division 1 - Class Alcyonaria Order Family Genus species or sub-species Common name COENOTHECALIA (All species in the Order COENOTHECALIA (except fossils)) HARD CORALS STOLONIFERA Tubiporidae (All species in the family Tubiporidae (except fossils)) Division 2 - Class Anthozoa ANTIPATHARIA SCLERACTINIA (All species in the Order ANTIPATHARIA) BLACK CORALS Black corals, antipatharians (All species in the Order SCLERACTINIA (except fossils)) HARD CORALS Hard corals Division 3—Class Hydrozoa MILLEPORINA Milleporidae (All species in the family Milleporidae (except fossils)) HARD CORALS STYLASTERINA Stylasteridae (All species in the family Stylasteridae (except fossils)) HARD CORALS Division 4— Class Amphibia ANURA FROGS Dendrobatidae Allobates (Dendrobates) spp. Dendrobates spp. Epipedobates (Dendrobates) spp. Minyobates (Dendrobates) spp. Phobobates (Dendrobates) spp. Phyllobates spp. Myobatrachidae (Species of Rheobatrachus not specified in Part II of Schedule 1) Ranidae Mantella spp. Malagasy poison frog Hoplobatrachus (Rana) tigerinus Indian bullfrog Rana (Euphlyctis) hexadactylus Six-fingered frog CAUDATA SALAMANDERS Ambystomidae Ambystoma dumerilii Lake Patzcuaro salamander, Achoque Ambystoma mexicanum Salamander or Axolotl Division 5—Class Arachnida ARANEAE SPIDERS Theraphosidae Brachypelma spp. (=Aphonopelma Tarantulas spp.) SCORPIONES SCORPIONS Scorpionidae Pandinus dictator Pandinus gambiensis Pandinus imperator (= Pandinus Africanus and Heterometerus roeseli) Division 6—Class Aves ANSERIFORMES Anatidae DUCKS, GEESE, SWANS Anas bernieri Madagascar teal Anas formosa Baikal teal, Spectacled teal or Formosa teal Branta ruficollis Red-breasted goose Coscoroba coscoroba Coscoroba swan Cygnus melanocorypha Black-necked swan Dendrocygna arborea Cuban tree or Black-billed whistling duck Oxyura leucocephala White-headed duck Sarkidiornis melanotos Comb or Knob billed duck APODIFORMES Trochilidae (Species in the family Trochilidae other than species specified in Part II of Schedule 1) HUMMINGBIRDS CICONIIFORMES Balaenicipitidae Balaeniceps rex WHALE HEADED STORK Ciconiidae STORKS Ciconia nigra Black stork Phoenicopteridae (All species in the family FLAMINGOS Phoenicopteridae) Threskiornithidae IBISES, SPOONBILLS Eudocimus ruber Scarlet ibis Geronticus calvus (Southern) bald ibis Platalea leucorodia White or Eurasian spoonbill COLUMBIFORMES Columbidae DOVES, PIGEONS Gallicolumba luzonica Bleeding heart dove or Bleeding heart pigeon Goura spp. Crowned pigeons CORACIIFORMES Bucerotidae HORNBILLS (Species of Aceros not specified in Part II of Schedule 1) Anorrhinus (=Ptilolaemus) spp. Anthracoceros spp. (Species of Buceros not included in Part II of Schedule 1) Penelopides spp. CUCULIFORMES Musophagidae TURACOS Tauraco spp. Musophaga (Gallirex/Tauraco) porphyreolophus Purple-crested or Violet-crested turaco FALCONIFORMES (ACCIPITRIFORMES) (Species in the Order FALCONIFORMES (ACCIPITRIFORMES) except species in the family Cathartidae, other than (a) species specified in Part II of Schedule 1; and (b) species a sub species of which is specified in Part II of Schedule 1) (Sub-species of species of Accipitriformes a sub-species of which is FALCONS, HAWKS, EAGLES, OSPREYS, SECRETARY BIRD specified in Part II of Schedule 1, other than sub-species so specified) GALLIFORMES Phasianidae PHEASANTS, GROUSE Argusianus argus Great argus pheasant Gallus sonneratii Sonnerat's jungle fowl or Grey jungle fowl Ithaginis cruentus Blood pheasant Pavo muticus Green peafowl Polyplectron bicalcaratum Grey peacock pheasant or Common peacock or Burmese peacock Polyplectron germaini Germain's peacock pheasant Polyplectron malacense Malay(sian) peacock pheasant Polyplectron (malacense) schleiermacheri GRUIFORMES Gruidae (Species in the family Gruidae, other than (a) species specified in Part II of Schedule 1; and (b) species a sub species of which is specified in Part II of Schedule 1) (Sub-species of species of Gruidae, a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified) CRANES Otididae (Species in the family Otididae, other than species specified in Part II of Schedule 1) BUSTARDS PASSERIFORMES Cotingidae COTINGAS Rupicola spp. Cock-of-the-Rock Emberizidae BUNTINGS, TANAGERS, CARDINALS Gubernatrix cristata Yellow cardinal Paroaria capitata Yellow-billed cardinal Paroaria coronata Red-crested cardinal Tangara fastuosa Estrildidae Amandava formosa WAXBILLS Padda oryzivora Poephila cincta cincta Black-throated finch Fringillidae FINCHES Carduelis (Spinus) yarrellii Yellow-faced siskin Muscicapidae THRUSHES, WARBLERS Cyornis ruckii (Niltava (Muscicapa) ruecki) Rueck's blue flycatcher Garrulax canorus Melodious laughing thrush Leiothrix lutea Liocichla omeiensis Paradisaeidae (All species in the family Paradisaeidae) BIRDS OF PARADISE Pittidae PITTAS Pitta (brachyura nympha) nympha Japanese fairy pitta or Blue-winged pitta Pitta guajana Blue-tailed pitta Pycnonotidae Pycnonotus zeylanicus Sturnidae Gracula religiosa PICIFORMES Ramphastidae Pteroglossus aracari Black-necked aracari Pteroglossus viridis Green aracari Ramphastos sulfuratus Keel-billed toucan Ramphastos toco Toco toucan Ramphastos tucanus Red-billed or Cuvier's toucan Ramphastos vitellinus Channel-billed toucan PSITTACIFORMES (Species in the Order PSITTACIFORMES, other than (a) species specified in Part II of Schedule 1; (b) species a sub species of which is specified in Part II of Schedule 1; and (c) Melopsittacus undulatus, Nymphicus hollandicus and Psittacula krameri (Sub-species of species of PSITTACIFORMES, a sub-species of which is specified in Part II of Schedule 1, other than sub species so specified) PARROTS RHEIFORMES Rheidae RHEAS Rhea americana Rhea or American ostrich SPHENISCIFORMES PENGUINS Spheniscidae Spheniscus demersus Black-footed or Jackass penguin STRIGIFORMES (Species in the Order STRlGlFORMES, other than (a) species specified in Part II of Schedule 1; and (b) species a sub species of which is specified in Part II of Schedule 1) Sub-species of species of STRIGIFORMES, a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified) BIRDS OF PREY, OWLS Division 7—Class Hirudinea ARHYNCHOBDELLAE LEECHES Hirudinidae Hirudo medicinalis Medicinal leech Division 8—Class Insecta Order Family Genus species or sub-species Common name LEPIDOPTERA Papilionidae BIRDWING BUTTERFLIES Bhutanitis spp. (Species of Ornithoptera (Sensu D'Abrera) not specified in Part II of Schedule 1) Birdwing butterflies Parnassius apollo Apollo mountain butterfly Teinopalpus spp. Birdwing butterflies Trogonoptera (Sensu D'Abrera) spp. Birdwing butterflies Troides (Sensu D'Abrera) spp. Birdwing butterflies Division 9—Class Mammalia ARTIODACTYLA Bovidae PRONGHORNS, ANTELOPES, CATTLE, DUIKERS, GAZELLES, SHEEP Ammotragus lervia Barbary sheep Bison bison athabascae Budorcas taxicolor Takin Cephalophus dorsalis Bay duiker Cephalophus monticola Blue (antelope) duiker Cephalophus ogilbyi Ogilby's duiker Cephalophus sylvicultor Giant duiker Cephalophus zebra Banded duiker Damaliscus pygargus pygargus (Antelope) Bontebok (D. dorcas dorcas / D. Pygargus dorcas) Kobus leche (Antelope) Lechwe Saiga tatarica Saiga Ovis ammon (except species or sub species listed in Schedule 1) Ovis vignei (except species or sub species listed in Schedule 1) Urial Camelidae Lama guanicoe Guanaco Vicugna vicugna Vicugna (refer to Part III of Schedule 2) Cervidae DEER Cervus elaphus bactrianus Bactrian (red) deer, Bokharan deer or Bactrian wapiti Pudu mephistophiles Northern pudu Hippopotamidae HIPPOPOTAMUS Hexapotodon (Choeropsis) liberiensis Pygmy hippopotamus Hippopotamus amphibius Hippopotamus CARNIVORA Canidae Canis lupus (except populations included in Schedule 1) WOLVES, DOGS, COYOTES, JACKALS, FOXES Cerdocyon (Dusicyon) thous Crab-eating fox, Forest fox or Savannah fox Chrysocyon brachyurus Maned wolf Cuon alpinus Asiatic wild dog, Indian wild dog or Dhole Pseudalopex (Dusicyon) culpaeus Colpeo or Red fox Pseudalopex griseus (=Dusicyon fulvipes) Argentine grey, Little or Chico grey fox or Chilla chiloe fox Pseudalopex (Dusicyon) gymnocercus Azara's fox Vulpes cana Blanford's or Afghan fox, Dog, Steppe or Corsac Vulpes (=Fennecus) zerda Fennec fox Felidae (Species in the family Felidae other than (a) species specified in Part II or Part III of Schedule 1; (b) species a sub species of which is specified in Part II of Schedule 1; and (c) Felis catus Sub-species of species of the family Felidae, a sub species of which is specified in Part II of Schedule 1, other than sub-species so specified) CATS, LION Otariidae EARED SEALS (Species of Arctocephalus not specified in Part II of Schedule 1) Southern fur seals Phocidae SEALS Mirounga leonina Elephant seal Mustelidae WEASELS, POLECATS, MARTENS, WOLVERINES, SKUNKS, OTTERS, BADGERS Conepatus humboldti Patagonian skunk Species of the sub family Lutrinae not specified in Part II or Part III of Schedule 1) Otters Ursidae BEARS ( Species in the family-Ursidae other than: (a) species specified in Part II or Part III of Schedule 1; (b) species a sub species of which is specified in Part II of Schedule 1; Sub-species of species of the family Ursidae, a sub species of which is specified in Part II of Schedule 1, other than sub-species so specified Species of Ursidae other than species or sub-species specified in Part II or Part III of Schedule 1) Viverridae MONGOOSES, CIVETS, GENETS Cryptoprocta ferox Fossa (cat) Cynogale bennettii Civet otter Eupleres goudotii (major) Fanalouc (civet) Fossa fossana Malagasy civet or Fanaloka Hemigalus derbyanus Banded palm civet, Hardwick's civet banded musang Prionodon linsang Banded linsang CHIROPTERA BATS Pteropodidae Species of Acerodon other than species specified in Part II Old World fruit bats, Flying foxes of Schedule 1 Species of Pteropus other than species specified in Part II of Schedule 1 Old World fruit bats, Flying foxes DIPROTODONTA Macropodidae KANGAROOS, WALLABIES Dendrolagus inustus Grizzled grey tree kangaroo Dendrolagus ursinus Black tree-kangaroo Phalangeridae CUSCUSES, BRUSHTAIL POSSUMS Spilocuscus (Phalanger) maculatus Common spotted cuscus Phalanger orientalis Grey cuscus XENARTHA Bradypodidae SLOTHS Bradypus variegatus (=Bradypus griseus/boliviensis) Bolivian three-toed sloth Dasypodidae Chaetophractus nationi (A zero export quota established. All specimens shall be deemed to be specimens of species included in Schedule 1 and the trade in them shall be regulated accordingly.) Myrmecophagidae ANTEATERS Myrmecophaga tridactyla Giant anteater MONOTREMATA Tachyglossidae ECHIDNAS Zaglossus spp. New Guinea echidnas, Long nosed or Long snouted echidnas or Anteaters, New Guinea long-nosed spiny echidna or New Guinea egg laying echidna. PERISSODACTYLA Equidae HORSES, ASSES, ZEBRAS (Sub-species of Equus hemionus (incl. kiang/onager) not specified in Part II of Schedule 1) Asiatic ass Equus zebra hartmannae Hartmann's mountain zebra Tapiridae TAPIRS Tapirus terrestris Brazilian or South American tapir PHOLIDOTA Manidae PANGOLINS Manis spp. PRIMATES (Species of the Order Primates, including the family Tupaiidae other than (a) species specified in Part II of Schedule 1; and (b) species of sub species of which is specified in Part II of Schedule 1) (Sub-species of species of Primates a sub species of which LEMURS, BUSHBABIES, LORISES, POTTOS, TARSIERS, MONKEYS, GUENONS, MACAQUES, BABOONS, GIBBONS, CHIMPANZEES, GORILLAS, ORANG-UTANS is specified in Part II of Schedule 1, other than sub species so specified) RODENTIA Sciuridae SQUIRRELS Ratufa spp. Giant squirrels SIRENIA Trichechidae MANATEES, SEA COWS Trichechus senegalensis West African manatee Division 10—Class Mollusca Schedule 2 Order Family Genus species or sub-species Common name MESOGASTROPODA Strombidae Strombus gigas Queen conch UNIONOIDA Unionidae MUSSELS Cyprogenia aberti Edible pearly mussel or Edible naiad Epioblasma (Dysnomia/Plagiola) Tan-blossomed pearly mussel torulosa rangiana or Tan-blossom naiad Pleurobema clava Club pearly mussel or Club naiad GASTROPODA STYLOMMATOPHORA SNAILS Camaenidae Papustyla (Papuina) pulcherrima Green tree, Emerald green or Manus Island tree snail VENEROIDA Tridacnidae (All species of the family Tridacnidae) GIANT CLAMS Division 11—Class Pisces ACIPENSERIFORMES ACIPENSERIFORMES spp. (all species not listed in Part II of Schedule 1) Sturgeons CYPRINIFORMES Cyprinidae Caecobarbus geertsi African blind barb fish or Congo blind barb fish OSTEOGLOSSIFORMES Osteoglossidae Arapaima gigas Arapaima or Pirarucu Division 12— Class Reptilia CROCODYLIA (Species in the Order Crocodylia (including Alligatoridae, Crocodylidae and Gavialidae) other than (a) species specified in Part CROCODlLES, ALLIGATORS, GAVIALS II or III of Schedule 1; and (b) species a sub-species of which is specified in Part II of Schedule 1) (Sub-species of species of Crocodylia a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified) Caiman latirostris (the population of Argentina) SAURIA LIZARDS Agamidae AGAMIDS Uromastyx spp. Spiny-tailed, Dabb or Palm lizards, Mastigures Chamaeleonidae Bradypodion (Chamaeleo) spp. CHAMELEONS Chamaeleo spp. Calumma spp. Furcifer spp. Cordylidae GIRDLE-TAILED LIZARDS Cordylus spp. Girdled lizards Pseudocordylus spp. Crag lizards Gekkonidae GECKOS Cyrtodactylus (Nactus) serpensinsula Serpent Island gecko Phelsuma (Rhoptropella) spp. Day geckos Helodermatidae BEARDED LIZARDS Heloderma spp. Bearded gila monster or Poisonous lizards Iguanidae IGUANAS Amblyrhynchus cristatus Galapagos marine iguana Conolophus spp. (Galapagos) land iguanas Iguana spp. Common iguanas Phrynosoma coronatum Horned lizard Lacertidae TRUE LIZARDS Podarcis lilfordi Balearic lizard Podarcis pityusensis Balearic lizard Scincidae Corucia zebrata Prehensile-tailed skink Teiidae WHIPTAILS Cnemidophorus hyperythrus Orange-throated whiptail, Orange throated racerunner Crocodilurus lacertinus Dragon lizard, dragon lizardet Dracaena spp. Caiman lizard Tupinambis spp. Tegu lizards Varanidae MONITORS (Species of Varanus not specified in Part II of Schedule 1) Monitor lizards Xenosauridae Shinisaurus crocodilurus Chinese crocodile lizard SERPENTES Boidae (Species of the family Boidae, including families Bolyeriidae and Tropidophiidae as subfamilies, other than (a) species specified in Part II of Schedule 1; and (b) species a sub-species of which is specified in Part II PYTHONS, BOAS of Schedule 1) (Sub-species of species of Boidae a sub-species of which is specified in Part II of Schedule 1, other than sub-species so specified) Colubridae COBRAS Clelia clelia (=Pseudoboa cloelia) Mussurana snake Cyclagras (Hydrodynastes) gigas (South American) false cobra, South American water or Beach cobra, Surucucu Elachistodon westermanni Indian egg-eating snake or Westermann's Indian egg-eater snake Ptyas mucosus Oriental or Indian rat snake or Asian rat snake Elapidae SNAKES Naja naja (includes synonyms Naja atra, Naja kaouthia, Naja oxiana, Naja philippinensis, Naja samarensis, Naja sputatrix and Naja sumatrana) Cobra Ophiophagus hannah King cobra Viperidae Vipera wagneri Wagner's viper TESTUDINATA Chelidae TURTLES Dermatemydidae Dermatemys mawii Central American river turtle Emydidae Callagur borneoensis Clemmys insculpta Wood turtle Cuora spp. Box turtles Terrapene spp. (Species not specified in Part II of Schedule 1) Box turtles Pelomedusidae Erymnochelys (Podocnemis) madagascariensis Peltocephalus (Podocnemis) dumeriliana Podocnemis spp. River or Sideneck turtle Testudinidae (Species of Testudinidae not specified in Part II of Schedule 1) True tortoises Trionychidae Lissemys punctata Indian flap-shell(ed) turtle or Flap-shell(ed) spotted turtle SCHEDULE 2 - PART III—POPULATIONS OF ANIMALS Populations of animals of the species Aonyx congicus (microdon) or Paraonyx microdon (Cameroon clawless otter) outside Cameroon and Niger. Populations of animals of the species Canis lupus (Wolf) outside Bhutan, India, Nepal and Pakistan. Populations of animals of the species Ceratotherium simum simum (White rhinoceros) in South Africa. For the exclusive purpose of allowing international trade in live animals to appropriate and acceptable destinations and hunting trophies. All other specimens shall be deemed to be specimens of species included in Schedule I and the trade in them shall be regulated accordingly. Populations of animals of the species Crocodylus niloticus in Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, South Africa, Uganda, the United Republic of Tanzania, Zambia and Zimbabwe. The United Republic of Tanzania will authorize the export of no more than 1600 wild specimens (including 100 hunting trophies) annually, in addition to ranched specimens. Populations of animals of the species Crocodylus porosus in Australia, Indonesia and Papua New Guinea. Populations of animals of the species Caiman latirostris in Argentina. Populations of animals of the species Caracal (Felis /Lynx) caracal (Caracal, Lynx or Asian lynx) outside Asia. Populations of animals of the species Prionailurus (Felis) rubiginosus (Rusty spotted cat) in areas outside India. Populations of animals of the species Herpailurus (Felis) yagouaroundi outside Central and North America. Populations of animals of the species Melanosuchus niger (Black caiman) in Ecuador. Populations of the genus Moschus (Musk deer) outside Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan. Populations of animals of the species Ovis canadensis (American bighorn sheep) in Mexico. Populations of animals of the family Tayassuidae (Peccaries) (other than species specified in Part II of Schedule 1) outside the United States of America. Populations of animals of the species Pecari tajacu (Peccary) outside Mexico and the United States of America. Populations of animals of the species Rhea pennata (Darwin's rhea) in Argentina. Populations of animals of any sub-species Ursus arctos (Grizzly or Brown bear) (other than sub-species or populations specified in Schedule 1). Populations and parts of populations of animals of the species Vicugna vicugna (Vicuna) as follows: Argentina: the population of the Province of Jujuy and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan Bolivia: the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla and Lipez-Chichas. Chile: part of the population of Parinacota Province, 1a. Region of Tarapaca Peru: the whole population. SCHEDULE 2 — PART IV— PLANTS Order Name Genus species or sub-species Agavaceae Agave victoriae-reginae Amaryllidaceae Galanthus spp. Sternbergia spp. Apocynaceae Pachypodium spp. (Species not specified in Part IV of Schedule 1). Rauvolfia serpentina (Designates all parts and derivatives, except: seeds; pollen; seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; cut flowers of artificially propagated plants; and chemical derivatives and finished pharmaceutical products). Araliaceae Panax quinquefolius (common name: American ginseng) (Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas and confectionery.) Panax ginseng (common name: Asian ginseng)(Population of the Russian Federation) (Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas and confectionery.) Berberidaceae Podophyllum hexandrum (emodi) (or Sinopodophyllum hexandrum) (Designates all parts and derivatives, except: seeds; pollen; seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; cut flowers of artificially propagated plants; and chemical derivatives and finished pharmaceutical products). Bromeliaceae Tillandsia harrisii Tillandsia kammii Tillandsia kautskyi Tillandsia mauryana Tillandsia sprengeliana Tillandsia sucrei Tillandsia xerographica Cactaceae (All species of the family Cactaceae not specified in Part IV or Part V of Schedule 1 excepting artificially propagated specimens of the following hybrids and/or cultivars: Hatiora x graeseri Schlumbergera x buckleyi Schlumbergera russelliana x Schlumbergera truncata Schlumbergera orssichiana x Schlumbergera truncata Schlumbergera opuntioides x Schlumbergera truncata Schlumbergera truncata (cultivars) Gymnocalycium mihanovichii (cultivars) forms lacking chlorophyll, grafted on the following grafting stocks: Harrisia `Jusbertii', Hylocereus trigonus or Hylocereus undatus Opuntia microdasys (cultivars) Caryocaraceae Caryocar costaricense Crassulaceae Dudleya stolonifera Cyatheaceae Cyathea spp. (including Alsophila, Nephelea, Sphaeropteris and Trichipteris) Cycadaceae Cycadaceae spp. (Species not specified in Part IV of Schedule 1) Diapensiaceae Shortia galacifolia Dicksoniaceae Cibotium barometz Dicksonia spp. (Populations of the Americas) Didiereaceae Didiereaceae spp. Dioscoreaceae Dioscorea deltoidea Droseraceae Dionaea muscipula Euphorbiaceae Euphorbia spp. (except species that are not succulent and artificially propagated specimens which are cultivars of the species Euphorbia trigona) Fouquieriaceae Fouquieria columnaris Juglandaceae Oreomunnea (Engelhardia) pterocarpa Leguminosae Platymiscium pleiostachyum Pterocarpus santalinus Liliaceae Aloe spp. (Species not specified in Part IV of Schedule 1, other than the species Aloe vera) ( = Aloe barbadensis) Meliaceae Swietenia humilis Nepenthaceae Nepenthes spp. (Species not specified in Part IV of Schedule 1) Orchidaceae (Species in the family, Orchidaceae, including the families Apostasiaceae and Cypripediaceae as subfamilies Apostasioideae and Cypripedioideae other than (a) species specified in Part IV of Schedule 1; and (b) specimens of species specified in Part I of Schedule 1) (varieties of species of Orchidaceae a variety of which is specified in Part I of Schedule 1, other than varieties so specified). Orobanchaceae Cistanche deserticola (Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas and confectionery.) Palmae Chrysalidocarpus decipiens Neodypsis decaryi Portulacaceae Anacampseros spp. (Anacampseros australiana and A. Kurtzii are also referenced in the genus Grahamia) Avonia spp. (formerly included in Anacampseros spp.) Lewisia maguirei Lewisia serrata Primulaceae Cyclamen spp. (except artificially propagated specimens which are cultivars of the species Cyclamen persicum other than specimens traded as dormant tubers.) Proteaceae Orothamnus zeyheri Protea odorata Ranunculaceae Adonis vernalis (Designates all parts and derivatives, except: seeds; pollen; seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; cut flowers of artificially propagated plants; and chemical derivatives and finished pharmaceutical products). Hydrastis canadensis (Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas and confectionery) Rosaceae Prunus africana Sarraceniaceae Species of Sarracenia, other than species or sub-species specified in Part IV of Schedule 1 Scrophulariaceae Picrorhiza kurrooa (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas and confectionery) Stangeriaceae Bowenia spp. (Formerly included in ZAMIACEAE spp.) Taxaceae Taxus wallichiana (Designates all parts and derivatives, except: seeds; pollen; seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; cut flowers of artificially propagated plants; and chemical derivatives and finished pharmaceutical products). Thymelaeaceae Aquilaria malaccensis Valerianaceae Nardostachys grandiflora (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas and confectionery) Welwitschiaceae Welwitschia mirabilis (=Welwitschia bainesii) Zamiaceae (Species of Zamiaceae not specified in Part IV of Schedule 1) Zingiberaceae Hedychium philippinense Zygophyllaceae Guaiacum sanctum Guaiacum officinale Schedule 2A—Cites Appendix III specimens PART I - SPECIMENS Schedule 2A A specimen, other than faeces, that is, or is derived from, an animal of a genus, species or sub-species specified, or described, in Part II. A specimen, that is, or is derived from, a plant of a genus, species or sub-species specified, or described, in Part III, other than: [Yuml] a seed, spore, pollen (including pollinia), a tissue culture or flasked seedling culture obtained in vitro, in solid or liquid media, transported in sterile containers; [Yuml] cut flowers of artificially propagated plants; or [Yuml] a part or derivative of the specimen that is not readily recognizable. PART II - ANIMALS Schedule 2A DIVISION 1 -Class Aves Order/Family Genus, Country Common name species Submitting or sub-species Listing CICONIIFORMES STORKS Ardeidae Ardea goliath Ghana Goliath heron Bubulcus (Ardeola) ibis Ghana Cattle egret Casmerodius albus Ghana Great egret (also referenced as Egretta alba and Ardea alba) Egretta garzetta Ghana Little egret, Western reef egret Ciconiidae Ephippiorhynchus senegalensis Ghana Saddle-billed stork Leptoptilos crumeniferus Ghana Marabou stork Threskiornithidae Bostrychia (Hagedashia) hagedash Ghana Hadada ibis Bostrychia (Lampribis) rara Ghana Spot-breasted ibis Threskiornis aethiopicus Ghana Sacred ibis ANSERIFORMES DUCKS, GEESE, SWANS Anatidae Alopochen aegyptiacus Ghana Egyptian goose Anas acuta Ghana Northern pintail Anas capensis Ghana Cape wigeon Anas (Spatula) clypeata Ghana Northern shoveler Anas crecca Ghana Common teal Anas penelope Ghana Eurasian wigeon Anas querquedula Ghana Garganey teal Aythya (Nyroca) nyroca Ghana White-eyed pochard Cairina moschata Honduras Muscovy duck Dendrocygna autumnalis Honduras Red-billed whistling duck Dendrocygna bicolor (fulva) Ghana, Honduras Fulvous whistling duck Dendrocygna viduata Ghana White-faced whistling-duck Nettapus auritus Ghana African pygmy goose Plectropterus gambensis Ghana Spur-winged goose Pteronetta (Cairina) hartlaubii Ghana Hartlaub's duck FALCONIFORMES Cathartidae Sarcoramphus papa Honduras King vulture GALLIFORMES PHEASANTS, GROUSE Cracidae Crax alberti Colombia Blue-knobbed curassow Crax daubentoni Colombia Yellow-knobbed curassow Crax globulosa Colombia Wattled curassow Crax rubra Colombia, Costa Rica, Great curassow Guatemala, Honduras Ortalis vetula Guatemala, Honduras Plain chachalaca Pauxi (Crax) pauxi Colombia Helmeted curassow Penelope purpurascens Honduras Crested guan Penelopina nigra Guatemala Highland guan Phasianidae Agelastes meleagrides Ghana White-breasted guineafowl Agriocharis ocellata Guatemala Ocellated turkey Arborophila charltonii Malaysia Chestnut-necklaced partridge Arborophila orientalis Malaysia Grey-breasted (formerly included as partridge Arborophila brunneopectus (in part)) Caloperdix oculea Malaysia Ferruginous wood partridge Lophura erythrophthalma Malaysia Crestless fireback Lophura ignita Malaysia Crested fireback Melanoperdix nigra Malaysia Black partridge Polyplectron inopinatum Malaysia Mountain peacock pheasant Rhizothera longirostris Malaysia Long-billed partridge Rollulus rouloul Malaysia Roulroul, crested partridge Tragopan satyra Nepal Satyr tragopan CHARADRIIFORMES Burhinidae Burhinus bistriatus Guatemala Double-striped thick-knee COLUMBIFORMES DOVES, PIGEONS Columbidae Columba guinea Ghana Speckled pigeon Columba iriditorques (malherbii) Ghana Western bronze- (also referenced as Turturoena iriditorques; naped pigeon formerly included as Columba malherbii (in part)) Columba livia Ghana Rock dove Columba (Nesoenas) mayeri Mauritius Pink pigeon Columba unicincta Ghana Afep pigeon Oena capensis Ghana Cape dove Streptopelia decipiens Ghana Mourning collared dove Streptopelia roseogrisea Ghana African collared dove Streptopelia semitorquata Ghana Red-eyed dove Streptopelia senegalensis Ghana Laughing dove Streptopelia turtur Ghana European turtle dove Streptopelia vinacea Ghana Tinaceous dove Treron calva (australis) Ghana Green fruit pigeon (formerly included as Treron australis (in part)) Treron waalia Ghana Bruce's green pigeon Turtur abyssinicus Ghana Black-billed wood- dove Turtur afer Ghana Blue-spotted wood dove Turtur (Calopelia) brehmeri Ghana Blue-headed wood (also referenced as Calopelia brehmeri; dove includes synonym Calopelia puella) Turtur (Tympanistria) tympanistria Ghana Tambourine dove PSITTACIFORMES PARROTS Psittacidae Psittacula krameri Ghana Rose-ringed parakeet CUCULIFORMES TURACOS Musophagidae Corythaeola cristata Ghana Great blue turaco Crinifer piscator Ghana Go-away bird Musophaga violacea Ghana Violet plantain-eater PICIFORMES TOUCANS Capitonidae Semnornis ramphastinus Colombia Toucan barbet Ramphastidae Baillonius bailloni Argentina Saffron toucan Pteroglossus castanotis Argentina Chestnut-eared aracari Ramphastos dicolorus Argentina Red-breasted toucan Selenidera maculirostris Argentina Spot-billed toucanet PASSERIFORMES COTINGAS Cotingidae Cephalopterus ornatus Colombia Amazonian umbrella-bird Cephalopterus penduliger Colombia Long-wattled umbrella-bird Muscicapidae Bebrornis rodericanus Mauritius Rodriguez brush warbler Terpsiphone bourbonnensis Mauritius Mascarene (also referenced as Tchitrea bourbonnensis) paradise-flycatcher Fringillidae Serinus canicapillus Ghana Streaky-headed (formerly included as Serinus gularis (in part)) seed eater Serinus leucopygius Ghana White-rumped seed eater Serinus mozambicus Ghana Yellow-fronted canary Estrildidae Amadina fasciata Ghana Cut-throat finch Amandava subflava Ghana Zebra waxbill (also referenced as Estrilda subflava or Sporaeginthus subflavus) Estrilda astrild Ghana Common waxbill Estrilda caerulescens Ghana Lavender waxbill Estrilda melpoda Ghana Orange-cheeked waxbill Estrilda troglodytes Ghana Black-rumped waxbill Lagonosticta rara Ghana Black-bellied firefinch Lagonosticta rubricata Ghana African firefinch Lagonosticta rufopicta Ghana Bar-breasted firefinch Lagonosticta senegala Ghana Red-bellied firefinch Lagonosticta vinacea (larvata) Ghana Black-faced firefinch (formerly included as Lagonostica larvata (in part)) Lonchura (=Spermestes) bicolor Ghana Black-and-white mannikin Lonchura (Euodice) cantans Ghana African silverbill (also referenced as Euodice cantans; formerly included as Lonchura malabarica (in part)) Lonchura (=Spermestes) cucullata Ghana Bronze mannikin Lonchura (=Spermestes) fringilloides Ghana Magpie mannikin Mandingoa nitidula Ghana Green-backed (also referenced as Hypargos nitidulus) twinspot Nesocharis capistrata Ghana Grey-headed olive back Nigrita bicolor Ghana Chestnut-breasted negro-finch Nigrita canicapilla Ghana Grey-headed negro finch Nigrita fusconota Ghana White-breasted negro-finch Nigrita luteifrons Ghana Pale-fronted negro finch Ortygospiza atricollis Ghana African quailfinch Parmoptila rubrifrons Ghana Red-fronted (formerly included as flowerpecker Parmoptila woodhousei (in part)) Weaver-finch Pholidornis rushiae Ghana Tit-hylia Pyrenestes ostrinus (frommi) Ghana Black-bellied (includes synonyms Pyrenestes frommi seedcracker and Pyrenestes rothschildi) Pytilia hypogrammica Ghana Red-faced pytilia Pytilia phoenicoptera Ghana crimson-winged pytilia Spermophaga haematina Ghana Western bluebill Uraeginthus bengalus Ghana Red-cheeked (also referenced as Estrilda bengala) cordon-bleu Ploceidae Amblyospiza albifrons Ghana Black swamp weaver Anaplectes (Malimbus) rubriceps Ghana Red-headed weaver (also referenced as Malimbus rubriceps or Anaplectes melanotis) Anomalospiza imberbis Ghana Parasitic weaver Bubalornis albirostris Ghana Black buffalo weaver Euplectes afer Ghana Napoleon weaver Euplectes (Coliuspasser) ardens Ghana Red-collared whydah Euplectes franciscanus Ghana Grenadier weaver (formerly included as Euplectes orix (in part)) Euplectes hordeaceus Ghana Fire-crowned bishop Euplectes (Coliuspasser) macrourus Ghana Yellow-mantled whydah Malimbus cassini Ghana Black-throated malimbe Malimbus malimbicus Ghana Crested malimbe Malimbus nitens Ghana Gray's malimbe Malimbus rubricollis Ghana Red-headed malimbe Malimbus scutatus Ghana Red-vented malimbe Pachyphantes (Ploceus) superciliosus Ghana Compact weaver Passer griseus Ghana Gray-headed sparrow Petronia dentata Ghana Rock sparrow Plocepasser superciliosus Ghana Chestnut-crowned sparrow weaver Ploceus albinucha Ghana Maxwell's black weaver Ploceus aurantius Ghana Orange weaver Ploceus cucullatus (=P. nigriceps) Ghana Village weaver Ploceus heuglini Ghana Hueglin's masked weaver Ploceus luteolus Ghana Little weaver (also referenced as Sitagra luteola) Ploceus melanocephalus Ghana Black-headed weaver (also referenced as Sitagra melanocephala) Ploceus nigerrimus Ghana Vieillot's black weaver Ploceus nigricollis Ghana Black-necked weaver Ploceus pelzelni Ghana Slender-billed weaver Ploceus preussi Ghana Preuss's weaver Ploceus tricolor Ghana Yellow-mantled weaver Ploceus vitellinus Ghana Vitelline masked (formerly included as Ploceus velatus) weaver Quelea erythrops Ghana Red-headed quelea Sporopipes frontalis Ghana Speckle-fronted weaver Vidua chalybeata Ghana Village indigo bird (also referenced as Hypochera chalybeata; includes synonyms Vidua amauropteryx, Vidua centralis, Vidua neumanni, Vidua okavangoensis and Vidua ultramarina) Vidua interjecta Ghana Long-tailed paradise-whydah Vidua larvaticola Ghana Baka indigobird Vidua macroura Ghana Pin-tailed whydah Vidua orientalis Ghana Northern paradise- (formerly included as whydah Vidua paradisaea (in part)) Vidua raricola Ghana Jambando Indigobird Vidua togoensis Ghana Togo Paradise whydah Vidua wilsoni Ghana Pale-winged Indigobird DIVISION 2 - Class Insecta Order/Family Genus, Country Common name species Submitting or sub-species Listing COLEOPTERA BEETLES Lucanidae Colophon spp. South Africa Stag beetles DIVISION 3 - Class Mammalia Order/Family Genus, Country Common name species Submitting or sub-species Listing CHIROPTERA BATS Phyllostomidae Platyrrhinus (Vampyrops) lineatus Uruguay White-lined bat (also referenced as Vampyrops lineatus) EDENTATA SLOTHS Myrmecophagidae Tamandua mexicana (tetradactyla) Guatemala Southern tamandua (Formerly included as Tamandua tetradactyla (in part)) Megalonychidae Choloepus hoffmanni Costa Rica Hoffmann's two-toed sloth Dasypodidae Cabassous centralis Costa Rica Northern naked tailed armadillo Cabassous tatouay (=gymnurus ) Uruguay Greater naked (includes synonym Cabassous gymnurus) tailed armadillo RODENTIA SQUIRRELS Sciuridae Epixerus ebii Ghana Ebian's palm squirrel Marmota caudata India Long-tailed marmot Marmota himalayana India Himalayan marmot Sciurus deppei Costa Rica Deppe's squirrel Anomaluridae Anomalurus beecrofti Ghana Beecroft's flying squirrel Anomalurus derbianus Ghana Lord Derby's flying squirrel Anomalurus pelii Ghana Pel's flying squirrel Idiurus macrotis Ghana Long-eared flying squirrel Hystricidae Hystrix cristata Ghana North African crested porcupine Erethizontidae Sphiggurus (=Coendou) mexicanus Honduras Mexican tree porcupine Sphiggurus (=Coendou) spinosus Uruguay Spiny tree porcupine Agoutidae Agouti (=Cuniculus) paca Honduras Spotted paca Dasyproctidae Dasyprocta punctata Honduras Central American agouti CARNIVORA DOGS, WOLVES COYOTES, JACKALS, FOXES Canidae Canis aureus India Golden jackal Vulpes bengalensis India Bengal fox Vulpes vulpes griffithi India Vulpes vulpes montana India Vulpes vulpes (=leucopus) pusilla India Procyonidae Bassaricyon gabbii Costa Rica Bushy-tailed olingo Bassariscus sumichrasti Costa Rica Central American cacomistle Nasua narica Honduras Coati (formerly included as Nasua nasua) Nasua nasua solitaria Uruguay South Brazilian coati Potos flavus Honduras Kinkajou Mustelidae Eira barbara Honduras Tayra Galictis vittata (=allamandi) Costa Rica Greater grison Martes flavigula India Yellow-throated marten Martes foina intermedia India Central Asian stone marten Martes gwatkinsii (flavigula) India Nilgiri marten Mellivora capensis Botswana, Ghana Ratel, Honey badger Mustela altaica India Mountain weasel Mustela erminea ferghanae India Stoat, Ermine Mustela kathiah India Yellow-bellied weasel Mustela sibirica India Siberian weasel Viverridae Arctictis binturong India Binturong Civettictis (=Viverra) civetta Botswana African civet Paguma larvata India Masked palm civet Paradoxurus hermaphroditus India Common palm civet Paradoxurus jerdoni India Jerdon's palm civet Viverra civettina India Malabar large- (formerly included as Viverra megaspila) spotted civet Viverra zibetha India Large Indian civet Viverricula indica India Small Indian civet Herpestidae Herpestes javanicus auropunctata India Small Indian (formerly included as mongoose Herpestes auropunctatus) Herpestes edwardsii India Indian grey mongoose Herpestes brachyurus fusca India Indian brown (formerly included as Herpestes fuscus) mongoose Herpestes smithii India Ruddy mongoose Herpestes urva India Crab-eating mongoose Herpestes vitticollis India Stripe-necked mongoose Hyaenidae Proteles cristatus Botswana Aardwolf PINNIPEDIA EARED SEALS Odobenidae Odobenus rosmarus Canada Walrus ARTIODACTYLA PRONGHORNS, ANTELOPES CATTLE, SHEEP DUIKERS, GAZELLES, Tragulidae Hyemoschus aquaticus Ghana Water Chevrotain Cervidae Cervus elaphus barbarus Tunisia Barbary Deer Mazama americana cerasina Guatemala Middle American Red Brocket Odocoileus virginianus mayensis Guatemala Guatemalan White tailed Deer Bovidae Antilope cervicapra Nepal Blackbuck, Sasin Bubalus arnee Nepal Wild Asiatic Buffalo (formerly included as Bubalus bubalis "domesticated form") Damaliscus lunatus Ghana Tsessebe Gazella cuvieri Tunisia Edmi Gazelle Gazella dorcas Tunisia Dorcas Gazelle Gazella leptoceros Tunisia Rhim Tetracerus quadricornis Nepal Chousingha Tragelaphus eurycerus Ghana Bongo (also referenced as Boocercus eurycerus; includes generic synonym Taurotragus) Tragelaphus spekii Ghana Sitatunga DIVISION 4 -Class Pisces Order/Family Genus, Country Common name species Submitting or sub-species Listing LAMNIFORMES MACKEREL SHARKS Cetorhinidae Cetorhinus maximus United Kingdom Basking Shark (Designates, in addition to whole animals, fins and parts of fins only) DIVISION 5 -Class Reptilia Order/Family Genus, Country Common name species Submitting or sub-species Listing TESTUDINATA TURTLES Trionychidae Trionyx triunguis Ghana African three-clawed turtle Pelomedusidae Pelomedusa subrufa Ghana Helmeted terrapin Pelusios adansonii Ghana Adanson's terrapin Pelusios castaneus Ghana African terrapin Pelusios gabonensis (subniger) Ghana African black terrapin Pelusios niger Ghana African black Terrapin SERPENTES SNAKES COBRAS Colubridae Atretium schistosum India Olive keel-back Cerberus rhynchops India Dog-faced water snake Xenochrophis (Natrix) piscator India Asian water snake Elapidae Micrurus diastema Honduras Atlantic coral snake Micrurus nigrocinctus Honduras Central American coral snake Viperidae Agkistrodon bilineatus Honduras Cantil Bothrops asper Honduras Terciopolo Porthidium nasutum Honduras Rainforest hog nosed pit viper Atropoides nummifer Honduras Jumping pit viper Porthidium ophryomegas Honduras Slender hog-nosed pit viper Bothriechis schlegelii Honduras Eyelash viper, Lance head Crotalus durissus Honduras Tropical rattlesnake, Cascaval Daboia russellii India Russell's viper, Daboia PART III - PLANTS Schedule 2A Family Genus, Country species Submitting or sub-species Listing GNETACEAE Gnetum montanum Nepal (All readily recognizable parts and derivatives, except: a) seeds, spores and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; and c) cut flowers of artificially propagated plants) MAGNOLIACEAE Magnolia (Talauma) hodgsonii Nepal (formerly included as Talauma hodgsonii) (All readily recognizable parts and derivatives, except: a) seeds, spores and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; and c) cut flowers of artificially propagated plants) MELIACEAE Swietenia macrophylla Costa Rica (Logs, sawn wood and veneer sheets) (All populations of the species in the Americas) PAPAVERACEAE Meconopsis regia Nepal (All readily recognizable parts and derivatives, except: a) seeds, spores and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; and c) cut flowers of artificially propagated plants) PODOCARPACEAE Podocarpus neriifolius Nepal (All readily recognizable parts and derivatives, except: a) seeds, spores and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; and c) cut flowers of artificially propagated plants) TETRACENTRACEAE Tetracentron sinense Nepal (All readily recognizable parts and derivatives, except: a) seeds, spores and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; and c) cut flowers of artificially propagated plants) * * * Schedule 4—Specimens that are, or are derived from, native Australian animals or native Australian plants and the export of which is not prohibited by paragraph 21(b) As amended on 29 September 2000 Part I Honey Faeces Bark, wood, timber, woodchips or articles made from bark, wood or timber. With the exception of species listed in Part V(C), a seed (other than seed of the species Wodyetia bifurcata/foxtail palm), spore, pollen (including pollinia), a tissue culture or flasked seedling culture. A specimen that is, or is derived from, a marine organism of a genus, species or sub species specified in Part II(A). A specimen that is, or is derived from, a marine or freshwater organism of a genus, species or sub-species specified in Part II(B). Until 1 December 2003, a specimen that is, or is derived from an organism of a genus, species or sub-species specified in Part III.* *Note: It is intended that species that are listed in Part III and are recognised as being harvested in accordance with sustainable and ecologically based management arrangements, will be listed in Part II(A) after 1 December 2003, following amendment of the Schedule. A specimen specified in Part IV, that is not live, that is within the relevant quantitative limit, if any, specified in Part IV, and that is a personal effect of a person departing from Australia, is within the personal baggage of the person departing from Australia, and is not intended to be used for any commercial purpose, including sale, lease, hire or exchange. A plant specimen that has been granted protection under the Plant Breeders Rights Act 1994 (as amended from time to time), except for species included in Schedules 1 and 2 of this Act. A specimen that is, or is derived from, a plant that is an artificially propagated hybrid of one or more Australian native species where the parental plant species do not naturally hybridise. A plant specimen that is, or is derived from a plant of a species specified in Part V(A) (cultivars). A specimen that is specified in Part V(B). A plant specimen that is not live and is not a seed, spore, pollen (including pollinia) or tissue culture, and is, or is derived from, a plant of a species specified in Part V(C). A specimen that is venom, a venom derivative , a venom product or is a naturally sloughed skin derived from an animal of a species or sub-species specified in Part VI(A) that was captured with the approval of, held in captivity with the approval of, and held in a place approved by, a relevant State Government conservation agency: A specimen which is venom, a venom derivative or venom product derived from an animal of a species specified in Part VI(B) A specimen that is, or is derived from, a native Australian prokaryote or virus. Schedule 4 Part II(A) Schedule 4 Part II(B) VERTEBRATES Phylum vertebrata Class Osteichthys (bony fishes) Amniataba percoides Barred grunter Cairnsicthys rhombosomoides Cairns rainbowfish Craterocephalus stercusmuscarum +sub spp. Fly-specked hardy-head Hephaestus carbo Coal grunter Hephaestus fuliginosus Sooty grunter Hypseleotris galii Fire-tail gudgeon Iriatherina werneri Threadfin rainbowfish Macquaria novemaculeata Australian bass Melanotaenia pygmea Pygmy rainbowfish Melanotaenia duboulayi Duboulay's rainbowfish Melanotaenia exquisita Exquisite rainbowfish Melanotaenia fluviatilis Crimson-spotted rainbowfish Melanotaenia gracilis Slender rainbowfish Melanotaenia maccullochi McCulloch's rainbowfish Melanotaenia nigrans Black-banded rainbowfish Melanotaenia splendida Australian rainbowfish Melanotaenia trifasciata Banded rainbowfish Morgurnda adspersa Purple-spotted gudgeon Morgurnda morgurnda Northern trout gudgeon Oxyeleotris lineolatus Sleepy cod Pseudomugil gertrudae Spotted blue-eye Pseudomugil signifer Pacific blue-eye Rhadinocentrus ornatus Ornate rainbowfish Scleropages jardinii Gulf saratoga Scleropages leichardti Saratoga Tandanus tandanus Freshwater catfish Toxotes chatareus Seven-spot archerfish Toxotes jaculatrix Banded archerfish Toxotes lorentzi Lorentz' archerfish Toxotes oligolepis Large-scale archerfish INVERTEBRATES Phylum mollusca Oysters Saccostrea commercialis Sydney rock oyster Saccostrea amasa Northern oyster Crassostrea tuberculata Western rock oyster Mussels Mytilus edulis Blue mussel Abalone Haliotis asinina Asses ear abalone Phylum crustacea Prawns Penaeus japonicus Kuruma prawn Penaeus monodon Black tiger prawn Freshwater crustaceans Cherax tenuimanus Marron Cherax plebejus Koonac Cherax glaber Koonac Cherax quadricarinatus Redclaw Eustacus armatus Murray Cray Macrobrachium rosenbergii Giant freshwater prawn Macrobrachium australiense Freshwater prawn Other Artemia spp. Brine shrimp Schedule 4 Part III VERTEBRATES Phylum Chordata SHARKS, RAYS AND THEIR ALLIES Ground sharks F. Carcharhinidae Carcharhinus brachyurus Bronze whaler Carcharhinus obscurus Dusky whaler Carcharhinus sorrah Spot tail shark Carcharhinus tilstoni Black tip shark Prionace glauca Blue shark F. Sphyrnidae Sphyrna zygaena Hammerhead shark F. Triakidae Furgaleus macki Whiskery shark Galeorhinus galeus School shark Mustelus antarcticus Gummy shark Sawsharks F. Pristiophoridae Pristiophorus cirratus Common saw shark Pristiophorus nudipinnis Southern saw shark Dogfish sharks and their allies F. Squalidae Dalatias species Seal sharks Centrophorus harrissoni Dumb dogfish, Harrissons deepsea dogfish Centrophorus scalpratus Endeavour dogfish Centrophorus uyato Southern dogfish Centroscymnus species Velvet dogfish Etmopterus species Lantern sharks Squalus acanthias White-spotted dogfish, white-spotted spurdog Squalus megalops Spiked dogfish Squalus mitsukurii Green-eyed dogfish Squatina australis Australian angel shark Squatina tergocellata Ornate angel shark Skates F. Rajiidae Raja species Skate species Bathyraja species Skate species CHIMERAS F. Callorhinchidae Callorhinchus milii Elephant fish RAY-FINNED FISHES Catfishes and knifefishes F. Ariidae Arius leptaspis Golden cobbler Arius midgleyi Lake Argyle silver cobbler Arius thalassinus Giant salmon catfish Arius species Catfish F. Plotosidae Cnidoglanis macrocephalus Cobbler Cods, Hakes and allies F. Macrouridae Coelorinchus mirus Small-eye rat tail Macrourous species Rat tails F. Merlucciidae Macruronus novaezelandiae Blue grenadier F. Moridae Mora moro Ribaldo Cuskeels, Pearlfishes and allies F. Ophidiidae Genypterus blacodes Pink ling, rock ling Dories and allies F. Oreosomatidae Allocyttus niger Black oreo Allocyttus verrucosus Warty oreo Neocyttus rhomboidalis Spiky oreo Pseudocyttus maculatus Smooth oreo F. Zeidae Cyttus traversi King dory Cyttus australis Silver dory Zenopsis nebulosus Mirror dory Zeus faber John dory Eels F. Anguillidae Anguilla australis Shortfin eel Anguila reinhardtii Longfin eel Flatfishes F. Pleuronectidae Rhombosolea tapirina Greenback flounder Ammotretis spp Bay flounder Lizardfishes and allies F. Alepisauridae Alepisaurus ferox Lancet fish F. Synodontidae Saurida micropectoralis Short-finned lizardfish Saurida undosquamis Checkered lizardfish Oarfishes and allies F. Lamprididae Lampris guttatus Moonfish, opah Lampris immaculatus Moonfish, opah, southern opah Perches and allies sub-order Carangoidei F. Carangidae Decapterus scombrinus Southern scad, temperate scad, southern mackeral scad Pseudocaranx dentex Silver trevally Trachurus declivis Jack mackerel Trachurus murphyi Peruvian jack mackerel Trachurus novaezelandiae Yellow tail scad F. Coryphaenidae Coryphaena hippurus Dolphinfish Seriola dumerili Greater amberjack Seriola hippos Samson fish Seriola lalandi Yellowtail kingfish Seriola nigrofasciata Black barred amberjack sub-order Cirrhitoidei F. Cheilodactylidae Cheilodactylus fuscus Red morwong Nemadactylus douglassi Grey morwong/blue morwong, king terraki Nemadactylus macropterus Jackass morwong Nemadactylus valenciennesi Queen snapper/blue morwong Nemadactylus species Morwong, terakihi F. Latrididae Latris lineata Striped trumpeter sub-order Labroidei F. Pomocentridae Amphiprion species Clown fish Premnas biaculeatus Spine-cheek anemonefish F. Scaridae Scarus ghobban Parrotfish sub-order Mugilidae F. Mugilidae Aldrichetta forsteri Yellow-eye mullet Mugil cephalus Sea mullet Liza argentea Flat-tail mullet sub-order Notothenioidei F. Channichthyidae Chaenodraco wilsoni Spiny icefish Channichthys rhinoceratus Unicorn icefish F. Notothenidae Champsocephalus gunnari Mackerel icefish Dissostichus eleginoides Patagonian toothfish Dissostichus mawsoni Antarctic toothfish Lepidonotothen squamifrons Grey rock cod Notothenia rossii Marble rock cod Pleuragramma antarcticum Antarctic silverfish Trematomus eulepidotus Blunt scalyhead sub-order Percoidei F. Apogonidae Epigonus telescopus Cardinal fish Epigonus species Cardinal fish F. Arripidae Arripis georgianus Tommy ruff Arripis trutta Eastern Australian salmon Arripis truttaceus Western Australian salmon F. Bramidae Brama brama Rays bream, pomfret Taractichthys longipinnis Rays bream, big scale pomfret Xenobrama microlepis Rays bream F. Centropomidae Lates calcarifer Barramundi F. Emmelichthyidae Emmelichthys nitidus Redbait Emmelichthys species Redbait Plagiogeneion macrolepis Rubyfish Plagiogeneion species Rubyfish F. Gerreidae Gerres ovatus Silver biddy F. Girellidae Girella tricuspidata Luderick F. Glaucosomatidae Glaucosoma hebraicum Westralian jewfish Glaucosoma scapulare Pearl perch F. Lethrinidae Lethrinus choerorhynchus Blue-spotted emperor Lethrinus lentjan Red-spot emperor Lethrinus miniatus Red-throat emperor Lethrinus nebulosus Spangled emperor F. Lutjanidae Etelis carbunculus Eteline snapper, ruby snapper Lutjanus argentimaculatus Mangrove jack Lutjanus erythropterus Red snapper Lutjanus johnii Golden snapper Lutjanus malabaricus Saddle-tail snapper, scarlet sea perch Lutjanus sebae Red emperor Pristipomoides filamentosus Rosy job fish, king snapper Pristipomoides multidens Gold band snapper Pristipomoides typus Sharptoothed snapper F. Mullidae Parupeneus species Goatfish Upeneichthys species Red mullet F. Nemipteridae Nemipterus furcosus Rosy threadfin bream Nemipterus hexodon Ornate threadfin bream Nemipterus peronii Notched threadfin bream F. Oplegnathidae Oplegnathus woodwardii Knifejaw F. Pentacerotidae Paristiopterus gallipavo Yellow-spotted boarfish Paristiopterus labiosus Giant boarfish Pentaceros decacanthus Big-spined boarfish Pentaceros richardsonii Armourhead Zanclistius elevatus Black-spotted boarfish F. Percichthyidae Maccullochella peelii Murray cod Macquaria abigua Golden perch Polyprion moenoe Bass groper Polyprion oxygenios Hapuku F. Pomacanthidae Centropyge joculator Cocos angelfish, yellowhead angelfish F. Pomatomidae Pomatomus saltatrix Tailor F. Sciaenidae Argyrosomus hololepidotus Mulloway F. Scorpididae Scorpis lineolatus Sea sweep F. Serranidae Acanthistius ocellatus Wirrah, pepper cod Cromileptes altivelis Barramundi cod Epinephelus areolatus Yellow spotted rock cod Epinephelus beniotius Three lined rock cod Epinephelus coioides Estuary rock cod Epinephelus egarstularius Bar cod Epinephelus multinotatus Rankins rock cod Epinephelus sexfaciatus Six banded rock cod Plectropomus laevis Bluespot trout Plectropomus leopardus Common coral trout Plectropomus maculatus Bar-cheeked trout F. Sillaginidae Sillaginoides punctata King george whiting Sillago analis Golden lined whiting Sillago bassensis Western school whiting Sillago ciliata Sand whiting Sillago flindersi Eastern school whiting, red spot whiting Sillago maculata burrus Western trumpeter whiting Sillago maculata maculata Trumpeter whiting Sillago schomburgkii Yellowfin whiting Sillago vittata Banded whiting F. Sparidae Acanthopagrus australis Yellowfin bream Acanthopagrus butcheri Black bream Pagrus auratus Snapper sub-order Polynemidae F. Polynemidae Eleutheronema tetradactylum Blue threadfin Polydactylus sheridani King threadfin sub-order Scombroidei F. Gempylidae Rexea solandri Gemfish Ruvettus pretiosus Oilfish Thyrsites atun Barracouta F. Istiophoridae Istiophorus platypterus Indo-Pacific sailfish Tetrapturus audax Striped marlin Tetrapturus angustirostris Shortbill spearfish F. Scombridae Acanthocybium solandri Wahoo Allothunnus fallai Slender tuna Katsuwonus pelamis Skipjack tuna Sarda australis Australian bonito Scomber australasicus Blue mackerel Scomberomorus commerson Spanish mackerel Scomberomorus munroi Spotted mackerel Scomberomorus queenslandicus School mackerel Scomberomorus semifasciatus Grey mackerel Thunnus alalunga Albacore Thunnus albacares Yellowfin tuna Thunnus maccoyii Southern bluefin tuna Thunnus obesus Bigeye tuna Thunnus tonggol Long tail tuna Thunnus thynnus orientalis Pacific northern bluefin tuna F. Sphyraenidae Sphyraena obtusata Sea pike F. Trichiuridae Lepidopus caudatus Ribbonfish, frost fish Trichiurus squala Hairtail Trichiurus lepturus Hairtail F. Xiphidae Xiphias gladius Broadbill swordfish sub-order Stromateoidei F. Centrolophidae Ariomma indica Indian eyebrowfish Centrolophus niger Rudderfish Hyperglyphe antarctica Blue eye, blue eye trevalla Psenopsis anomala Black-spot butterfish Seriolella brama Blue warehou Seriolella punctata Spotted warehou sub-order Trachinoidei F. Uranoscopidae Pleuroscopus pseudodorsalis Purple stargazer Ricefishes, flyingfishes and allies F. Exocoetidae Exocoetus volitans Pacific flying fish, tropical two-wing flying fish Hirundichthys speculiger Mirrorwing flying fish F. Hemiramphidae Hemiramphus robustus Stout (three by two) garfish Hyporhamphus ardelio Eastern river garfish Hyporhamphus australis Eastern sea garfish Hyporhamphus melanochir Southern sea garfish Hyporhamphus regularis Western river garfish F. Scomberesocidae Scomberesox saurus Saury, king gar Sardines, herrings, anchovies and allies F. Clupeidae Hyperlophus vittatus Sandy sprat Nematalosa erebi Bony bream Nematalosa vlaminghi Perth herring Sardinella lemuru Scaly mackerel Sardinops neopilchardus Pilchard F. Engraulidae Engraulis australis Anchovy Scorpionfish and allies F. Platycephalidae Neoplatycephalus aurimaculatus Gold-spotted flathead Neoplatycephalus conatus Deepwater flathead Neoplatycephalus richardsoni Tiger flathead Platycephalus arenarius Northern sand flathead Platycephalus bassensis Sand flathead Platycephalus caeruleopunctatus Eastern Blue-spotted flathead Platycephalus fuscus Dusky flathead Platycephalus laevigatus Rock flathead Platycephalus speculator Yank flathead F. Scorpaenidae Helicolenus barathri Ocean pech Helicolenus percoides Ocean perch F. Triglidae Chelidonichthys kumu Red gunard Pterygotrigla polymmata Latchet Squirrelfishes and allies F. Berycidae Beryx splendens Alfonsin Centroberyx affinis Redfish Centroberyx gerrardi Bight redfish F. Trachichthyidae Hoplostethus atlanticus Orange roughy Triggerfishes and Allies F. Monocanthidae Eubalichthys bucephalus Black reef leatherjacket Meuschenia freycineti Six-spined leatherjacket Meuschenia flavolineata Yellow-striped leatherjacket Meuschenia species Reef jacket species Nelusetta ayraudi Ocean jacket, ocean leatherjacket INVERTEBRATES Phylum mollusca Abalone F. Haliotidae Haliotis conicopora Brownlip abalone Haliotis laevigata Greenlip abalone Haliotis roei Roe's abalone Haliotis rubra Blacklip abalone Oysters F. Pinctada Pinctada albina Shark Bay pearl oyster Pinctata fucata Southern pearl oyster Pinctada margaritifera Blacklip mother-of-pearl Pinctada maxima Silver lipped pearl oyster, gold-lipped pearl oyster Pinctada sugillata Mother-of-pearl F. Pteriidae Pteria penguin Winged pearl oyster F. Ostreidae Ostrea angasi Oyster Scallops F. Pectinidae Amusium balloti Ballots saucer scallop, Western saucer scallop Amusium pleuronectes Delicate saucer scallop Equichlamys asperrima Doughboy scallop Equichlamys bifrons Queen scallop Pecten alba Tasmanian, commercial scallop Pecten fumatus Southern Scallop Pecten meridionalis Pecten modestus Trochus F. Trochidae Trochus maximus Top shells Trochus niloticus Top shells Other shells F. Littorinidae Subninella undulata Periwinkle F. Turbinidae Turbo undulatus Turban shell F. Donacidae Plebidonax deltoides Pipi, surf clam F. Veneridae Katelysia scalarina Cockle Katelysia rhytiphora Cockle Cuttlefish, squid and octopus F. Octopodidae Octopus australis Southern octopus Octopus maorum Maori octopus Octopus pallidus Pale octopus Octopus tetricus Gloomy octopus F. Loliginidae Loligo chinensis Mitre squid Loligo edulis North west pink squid Loligo etheridgei Sepioteuthis australis Southern calamary Sepioiteuthis lessoniana Northern calamary F. Ommastrephidae Nototodarus hawaiiensis Squid Nototodarus gouldi Arrow squid Ommastrephes bartramii Red ocean squid Ornithoteuthis volatilis Todarodes filippovae Southern ocean arrow squid F. Sepiidae Sepia apama Australian cuttlefish Sepia esculenta Golden cuttlefish Sepia pharaonis Pharoah's cuttlefish F. Ommastrephidae Symplectoteuthis luminosa Symplectoteuthis oualaniensis Phylum Crustaceae Prawns F. Penaeidae Penaeus latisulcatus Western king prawns Penaeus longistylus Red spot king prawns Penaeus plebejus Eastern king prawn Penaeus esculentus Brown tiger prawn Penaeus semisulcatus Grooved tiger prawn Penaeus indicus Red-legged banana prawn Penaeus merguiensis White banana prawn Metapenaeus bennettae Greasyback prawn Metapenaeus eboracensis York prawn Metapenaeus dalli Western school prawn Metapenaeus macleayi School prawn Metapenaeus endevouri Blue endeavour prawns Metapenaeus ensis Red endeavour prawns Metapenaeopsis species Coral prawns Parapenaeopsis sculptilis Rainbow prawn F. Solenoceridae Haliporoides sibogae Royal red prawn F. Aristeidae Aristaeomorpha foliacea Red prawn Aristeus virilis Pink striped prawns Plesiopenaeus edwardsianus Giant scarlet prawns Infra-Order Caridea F. Pamdalidae Heterocarpus woodmasonii Red carid prawn Heterocarpus sibogae White carid prawn Pasiphaea species Shrimp (Macquarie Island) Lobsters F. Palinuridae Jasus verreauxi Eastern rock lobster Jasus edwardsii Southern rock lobster Panulirus longipes Painted rock lobster Panulirus ornatus Ornate rock lobster Panulirus cygnus Western rock lobster Panulirus versicolor Painted spiny lobster Panulirus penicillatus Tropical rock lobster Panulirus polyphagus Tropical rock lobster Panulirus homarus Tropical rock lobster Bugs, crabs, and similar species F. Nephropidae Metanephrops australiensis Australensis scampi Metanephrops boschmai Boschi's scampi Metanephrops velutinus Velvet scampi Metanephrops andamanicus Scampi Metanephrops neptunis Scampi Metanephrops sibogae Scampi F. Parastacidae Cherax destructor Freshwater yabby F. Portunidae Ovalipes australiensis Sand crab Portunus pelagicus Blue swimmer crab Scylla serrata Mud crab F. Raninidae Ranina ranina Spanner or frog crab F. Scyllaridae Arctites antipodum Spanish lobster, slipper lobster Ibacus incisus Balmain bug Ibacus peronii Shovelnose lobster Ibacus alticrenatus Prawn killer, deepwater bug Ibacus brucei Bruces bug Ibacus novemdentatus Nine-toothed bug Ibacus ciliatus pubescens Hairy bug Ibacus species Smooth bug Thenus orientalis Mud or Moreton Bay bug Thenus species Sand Bug Scyllarides species Shovelnose lobster, Spanish lobster, slipper lobster Scyllarides squamosus Slipper lobster, deep water bug F. Polychelidae Polycheles typhlops Deep water bug Scarlet crab Hermit crab Krill F. Euphausiidae Euphasia superba Krill Phylum Echinodermata Sea urchins F. Echinometridae Heliocidaris erythrogramma Purple sea urchin Centrostephanus rodgersii Black sea urchin Phylum annelida Marine Worms F. Onuphidae Onuphis teres Beach worms Schedule 4 Part IV taxa/product limit Tanned or other processed skin products, meat, or articles made from meat or tanned skins of the following species: Dromaius novaehollandiae (emu) Macropus fuliginosus (western grey kangaroo) Macropus giganteus eastern grey kangaroo) Macropus parryi (whiptail wallaby) Macropus robustus (euro) Macropus rufogriseus (Bennett's wallaby) Macropus rufus (red kangaroo) Puffinus tenuirostris (short tailed shearwater) Thylogale billardierii (rufous wallaby) Trichosurus vulpecula (brush tail possum) Limit: n/a Egg shells, products made from egg shells, feathers or products made from feathers of Dromaius novaehollandiae (emu) Limit: n/a Emu oil or products derived from emu oil Limit: n/a Artifically propagated native flowers and foliage, or wild harvested native flowers and foliage from Western Australia or Queensland Limit: three bunches per person Products that are processed and contain `bushfood', made from fruit, nuts or foliage of Australian native plants Limit: n/a Mounted specimens of the families: Lepidoptera (butterflies or moths) and Choleoptera (beetles) that have been obtained from a captive breeding operation Limit: 5 per person Marine shells of any taxa within the Class Mollusca, of specimen shell quality, obtained from Western Australian, South Australian, Queensland or Victorian waters Limit: 5 per person Marine shells of any taxa within the Class Mollusca which have been beach cast Limit: n/a Mounted specimens of syngnathids (seahorses, pipefish, seadragons) that have been obtained from approved aquaculture operations or from Western Australian waters Limit: 2 mounts per person Mounted specimen of native fresh or marine game-fish species Limit: n/a Marine or freshwater fish or invertebrate foodstuff, whether or not including shells, heads, fins or other inedible components Limit: n/a Pearls or mother of pearl, but NOT any live pearl oysters or spat Limit: n/a Schedule 4 Part V(A) Acacia `AUSTRAFLORA CASCADE' Acacia `AUSTRAFLORA WINTER GOLD' Acacia `GOLD LACE' Acacia `GOLDEN CARPET' Acacia `KAMBAH KARPET' Acacia `PARSONS CASCADE' Acacia `PURPUREA' Acacia `RUBY TIPS' Actinodium `SNOWFLAKE' Agonis `BELBRA GOLD' Agonis `DENMARK DELIGHT' Agonis `FAIRY FOLIAGE' Agonis `VARIEGATA' Anigozanthos `AUTUMN MYSTERY' Anigozanthos `AUTUMN SUNRISE' Anigozanthos `BABY ROO' Anigozanthos `BIG RED' Anigozanthos `BUSH EMERALD' Anigozanthos `BUSH GLOW' Anigozanthos `BUSHRANGER' Anigozanthos `CHARM' Anigozanthos `COPPER CHARM' Anigozanthos `DWARF DELIGHT' Anigozanthos `EARLY SPRING' Anigozanthos `HICKMAN'S DELIGHT' Anigozanthos `LITTLE JEWEL' Anigozanthos `MINI RED' Anigozanthos `MINIPROLIFIC' Anigozanthos `PATRICIA' (FORMERLY `MISTER X', `MINI-X') Anigozanthos `PINK JOEY' Anigozanthos `RED CROSS' Anigozanthos `REGAL CLAW' Anigozanthos `ROGUE RADIANCE' Anigozanthos `RUBY JOOLS' Anigozanthos `SPACE AGE' Anigozanthos `SPENCE'S SPECTACULAR' Anigozanthos `SUE DIXON' Anigozanthos `UNITY' Anigozanthos `VELVET HARMONY' Anigozanthos `WERITE WOORATA' Astartea `WINTER PINK' Baeckea `HOWIE'S FEATHERTIPS' Baeckea `HOWIE'S SWEET MIDGET' Baeckea `WIRREANDA WHITE CASCADE' Banksia `AUSTRAFLORA PYGMY POSSUM' Banksia `CELIA ROSSER' Banksia `GIANT CANDLES' Banksia `LEMON GLOW' Banksia `LIMELIGHT' Banksia `ROLLER COASTER' Bauera `LUINA GEM' Blechnum `FORCETT FEATHER' Blechnum `HELLYER FOUNTAIN' Boronia `CAROUSEL' Boronia `HEAVEN SCENT' Boronia `JACK MAGUIRES RED' Boronia `LORNE PRIDE' Boronia `ROSE BLOSSOM' Boronia `SPRING WHITE' Boronia `SUNSET SERENADE' Boronia `TELOPEA VALLEY STAR' Boronia `VIRTUOSO' Brachychiton `GRIFFITH PINK' Brachychiton `JERILDERIE RED' Brachyscome `BREAKODAY' Brachyscome `EVAN' Brachyscome `VALENCIA' Brachyscome `WHITE SURPRISE' Bracteantha `PINK SUNRISE' Callistemon `AUSTRAFLORA CANDLE GLOW' Callistemon `AUSTRAFLORA FIREBRAND' Callistemon `BOB BAILEY' Callistemon `BURGUNDY' Callistemon `CINDERELLA' Callistemon `COUNTRY SPRITE' Callistemon `DAWSON RIVER WEEPER' Callistemon `DEMESNE ROWENA' Callistemon `GLASSHOUSE COUNTRY' Callistemon `GLASSHOUSE GEM' Callistemon `HARKNESS' Callistemon `KEMPSEY' Callistemon `KINGS PARK SPECIAL' Callistemon `MAUVE MIST' Callistemon `NGUNGUN RED' Callistemon `PACKERS SELECTION' Callistemon `PINK SENSATION' Callistemon `PERTH PINK' Callistemon `PROLIFIC' Callistemon `RED REIKA' Callistemon `REEVE'S PINK' Callistemon `ROSE OPAL' Callistemon `SALLYANN' Callistemon `SMOKED SALMON' Callistemon `SPLENDENS' Callistemon `TIN-SAL GLOW' Callistemon `WESTERN GLORY' Callistemon `WHITE ANZAC' Callistemon `WILDERNESS WHITE' Callistemon `WOLLUMBIN' Callistemon `WOOLOMIN SPARKLER' Callitris `GOLDEN ZERO' Ceratopetalum `WHITE CHRISTMAS' Ceratopetalum `MAGENTA STAR' Ceratopetalum `CHRISTMAS SNOW' Chamelaucium `ALBA' Chamelaucium `BUNDARA EXCELSIOR' Chamelaucium `BUNDARA MYSTIC PEARL' Chamelaucium `BUNDARA SUPREME WHITE' Chamelaucium `DOWELL' Chamelaucium `LULLFITZ SELECTION' Chamelaucium `MIGNONETTE' Chamelaucium `MULLERING BROOK' Chamelaucium `MUNNS' Chamelaucium `MURFIT ROSE' Chamelaucium `NEWMARRACARRA' Chamelaucium `PURPLE PRIDE' Chamelaucium `UNIVERSITY' Chamelaucium `WILSON' Chrysocephalum `MIDGET' Correa `BETT'S RED' Correa `BETTY FAWCETT' Correa `CANDY PINK' Correa `COLIBAN RIVER' Correa `DUSKY BELLS' Correa `FAT FRED' Correa `INGLEWOOD GOLD' Correa `IVORY BELLS' Correa `MANII' Correa `MARIAN'S MARVEL' Correa `PINK MIST' Correa `WESTERN PINK STAR' Crowea `AUSTRAFLORA GREEN CAPE' Crowea `BINDELONG COMPACT' Crowea `COOPER'S HYBRID' Crowea `FESTIVAL' Crowea `PINK BLUSH' Crowea `POORINDA ECSTACY' Crowea `WHITE STAR' Dianella `PENINSULA PERFECTION' Diplarenna `AMETHYST FAIRY' Epacris `CRANBOURNE BELLS' Eremophila `AUREA' Eremophila `CARMINE STAR' Eriostemon `J.SEMMENS' Eriostemon `POORINDA' Eucalyptus `DALE CHAPMAN' Eucalyptus `GOLDEN CROWN' Eucalyptus `MARION' Eucalyptus `SILVER PRINCESS' Eucalyptus `VERMILLION BLAZE' Eucryphia `BALLERINA' Eucryphia `LEATHERWOOD CREAM' Eucryphia `PINK CLOUD' Grevillea `AUSTRAFLORA BON ACCORD' Grevillea `AUSTRAFLORA CANTERBURY GOLD' Grevillea `AUSTRAFLORA COPPER CREST' Grevillea `AUSTRAFLORA FANFARE' Grevillea `AUSTRAFLORA JUBILEE' Grevillea `AUSTRAFLORA LUNAR LIGHT' Grevillea `AUSTRAFLORA LYREBIRD' Grevillea `AUSTRAFLORA MCDONALD PARK' Grevillea `AUSTRAFLORA OLD GOLD' Grevillea `AUSTRAFLORA PENDANT `CLUSTERS' Grevillea `BAIRNSDALE' Grevillea `BONNIE PRINCE CHARLIE' Grevillea `BRONZE RAMBLER' Grevillea `BROOKVALE LETITIA' Grevillea `CANBERRA GEM' Grevillea `CHATSWORTH LORRAN' Grevillea `CHERRY BRANDY' Grevillea `CLEARVIEW DAVID' Grevillea `COCONUT ICE' Grevillea `CRIMSON GLORY' Grevillea `CROSBIE MORRISON' Grevillea `ILEEN ROSE' Grevillea `EVELYNS CORONET' Grevillea `GOLDRUSH' Grevillea `GOLDEN GLORY' Grevillea `GOLDEN SPARKLE' Grevillea `GRAMPIANS GOLD' Grevillea `GRANYA GLORY' Grevillea `GREEN GLOW' Grevillea `GYPSY' Grevillea `HONEY GEM' Grevillea `IVANHOE' Grevillea `JESTER' Grevillea `KINGAROY SLIPPERS' Grevillea `LARA DWARF' Grevillea `LIME-LIGHT' Grevillea `LITTLE THICKET' Grevillea `LYN PARRY' Grevillea `MASONS HYBRID' Grevillea `MERINDA GORDON' Grevillea `MISTY PINK' Grevillea `MOLONGLO' Grevillea `NECTAR DELIGHT' Grevillea `ORANGE MARMALADE' Grevillea PARFEIT CREME' Grevillea PATRICIA MARIE' Grevillea `PINK PARFAIT' Grevillea `PINK STAR' Grevillea `PINK SURPRISE' Grevillea `POORINDA ADORNING' Grevillea `POORINDA ANNETTE' Grevillea `POORINDA ANTICIPATION' Grevillea `POORINDA BEAUTY' Grevillea `POORINDA BELINDA' Grevillea `POORINDA BEN' Grevillea `POORINDA BEULAH' Grevillea `POORINDA BLONDIE' Grevillea `POORINDA CONSTANCE' Grevillea `POORINDA DIADEM' Grevillea `POORINDA ELEGANCE' Grevillea `POORINDA EMBLEM' Grevillea `POORINDA EMPRESS' Grevillea `POORINDA ENCHANTMENT' Grevillea `POORINDA ENSIGN' Grevillea `POORINDA FIREBIRD' Grevillea `POORINDA GAYE' Grevillea `POORINDA GEMINI' Grevillea `POORINDA GOLDEN LYRE' Grevillea `POORINDA HULA' Grevillea `POORINDA ILLUMINA' Grevillea `POORINDA JEANIE' Grevillea `POORINDA JENNIFER JOY' Grevillea `POORINDA JOYCE' Grevillea `POORINDA LEANE' Grevillea `POORINDA MIRIAM' Grevillea `POORINDA PETER' Grevillea `POORINDA PINK CORAL' Grevillea `POORINDA QUEEN' Grevillea `POORINDA RACHEL' Grevillea `POORINDA REFRAIN' Grevillea `POORINDA REGINA' Grevillea `POORINDA RONDEAU' Grevillea `POORINDA ROSY MORN' Grevillea `POORINDA ROYAL MANTLE' Grevillea `POORINDA SIGNET' Grevillea `POORINDA SILVER SHEEN' Grevillea `POORINDA SPLENDOUR' Grevillea `POORINDA STEPHEN' Grevillea `POORINDA TRANQUILLITY' Grevillea `POORINDA VIVACITY' Grevillea `RED HOOKS' Grevillea `ROBYN GORDON' Grevillea `ROSY POSY' Grevillea `RUBY CLUSTERS' Grevillea `SANDRA GORDON' Grevillea `SHIRLEY HOWIE' Grevillea `SID REYNOLDS' Grevillea `STARFIRE' Grevillea `STARFLAME' Grevillea `SUNRISE' Grevillea `SUPERB' Grevillea `TYALGE GLOW' Grevillea `WAKITI GEM' Grevillea `WAVERLEY GHOST' Grevillea `WINPARA GEM' Grevillea `WINPARA GOLD' Grevillea `WINTER SPARKLES' Hakea `GOLD MEDAL' Hardenbergia `AUSTRAFLORA ASPIRATION' Hardenbergia `HAPPY WANDERER' Helichrysum `BARLEYTHORPE' Helichrysum `COCKATOO' Helichrysum `DARGAN HILL MONARCH' Helichrysum `DIAMOND HEAD' Helichrysum `GOLDEN BOWERBIRD' Helichrysum `HASTINGS GOLD' Helichrysum `PRINCESS OF WALES' Hypocalymma `GOLDEN VEIL' Kennedia `MINSTREL' Kunzea `BADJA CARPET' Lechenaultia `PARK PRIDE' Lechenaultia `WHITE FLASH' Leptospermum `COPPER GLOW' Leptospermum `COPPER SHEEN' Leptospermum `HORIZONTALIS' Leptospermum `JULIE ANN' Leptospermum `LEMON FROST' Leptospermum `PACIFIC BEAUTY' Leptospermum `PINK CASCADE' Leptospermum `RAELENE' Lomandra `PEAK ALONE LIMEGLOW' Lophostemon `PERTH GOLD' Lophostemon `VARIEGATUS' Macropidia `NO BLACK' Melaleuca `GOLDEN GEM' Melaleuca `LITTLE BEAUTY' Melaleuca `SNOWSTORM' Melaleuca `ULLADULLA BEACON' Melia `LADY GWENDA' Myoporum `MONARO MARVEL' Olearia `OLWYN BARNETT' Ozothamnus `SILVER JUBILEE' Pandorea `CHARISMA' Pandorea `GOLDEN SHOWERS' Pimelea `BONNE PETITE' Pimelea `DIAMOND HEAD' Pimelea `MAGENTA MIST' Pimelea `STANDUP POINT' Plectranthus `BENNELONG FROSTY CARPET' Prostanthera `ALPINE GOLD' Prostanthera `KALLISTA PINK' Prostanthera `MINT ICE' Pultenaea `PYALONG GOLD' Pultenaea `PYALONG PINK' Pultenaea `WALLUM GOLD' Scaevola `ANGELA RATCLIFFE' Spyridium `AUSTRAFLORA NIMBUS' Telopea `BRAIDWOOD BRILLIANT' Telopea `CORROBOREE' Telopea `ERRINUNDRA WHITE' Telopea `WIRRIMBIRRA WHITE' Tetratheca `BICENTENNIAL BELLE' Thryptomene `MINGENEW' Verticordia `VENUS HARLEQUIN' Verticordia `VENUS PINK' Verticordia `VENUS PRINCESS' Verticordia `WEMM'S FIND' Westringia `MORNING LIGHT' Westringia `POORINDA PAVANE' Westringia `WYNYABBIE GEM' Schedule 4 Part V(B) Acacia baileyana Araucaria heterophylla Cocos plumosa Chamaerops humilis Cryptandra scortechinii Hardenbergia violacea Howea belmoreana Howea forsteriana Prostanthera calycina Oil derived from the processing of the leaves, or other parts, of: Acacia dealbata Acacia decurrens Backhousia citriodora Boronia megastigma Callitris collumellaris Callitris glaucophylla Callitris endlicheri Eucalyptus camaldulensis = Eucalyptus rostrata Eucalyptus elata Eucalyptus leucoxylon Eucalyptus myriadena ssp myriadena Eucalyptus viridis Eucalyptus dives Eucalyptus globulus Eucalyptus gratiae Eucalyptus horistes Eucalyptus kochii subspp kochii & plenissima Eucalyptus loxophelba subsp lissophloia Eucalyptus macarthurii Eucalyptus polybractea = Eucalyptus fruticetorum Eucalyptus radiata Eucalyptus sideroxylon Eucalyptus smithii Eucalyptus olida Eucalyptus tereticornis Helichrysum ramosissimum Leptospermum emarginatum = Leptospermum odoratum Leptospermum petersonii = Leptospermum citratum Melaleuca bracteata Melaleuca ericifolia Melaleuca leucadendron Melaleuca quinquenervia Melaleuca alternifolia Melaleuca linariifolia Melaleuca lateriflora Melaleuca uncinata Melaleuca cajuputi Melaleuca dissitiflora Santalum spicatum Syzygium oleosum = Syzygium luehmannianum Oil, fruit, husks and shells derived from: Macadamia integrifolia Macadamia tetraphylla Macadamia integrifolia x tetraphylla Schedule 4 Part V(C) Acacia paradoxa Cassinia arcuata Ceratophyllum demersum Cuscuta australis Cuscuta tasmanica Cuscuta victoriana Gastrolobium grandiflorum Heliotropium europaeum Hydrilla verticilata Ipomoea calobra Nephrolepis cordifolia Pistia stratiotes Sclerolaena birchii Sclerolaena muricata Sida cordifola Solanum hystrix Tribulus astrocarpus Typha orientalis Schedule 4 Part VI(A) Honey Faeces A specimen that is a venom, venom derivative or venom product or is a naturally sloughed skin derived from Australian native snakes being one of the following species or sub-species, captured with the approval of, held in captivity with the approval of, and held in a place approved by, a State Government conservation agency: Acanthophis antarcticus Death adder Acanthophis praelongus Northern death adder Acanthophis pyrrhus Desert death adder Austrelaps labialis Kangaroo Island population Kangaroo Island pygmy copperhead Australeps superbus Victorian and South Australian populations Copperhead Hoplocephalus stephensii Stephens' banded snake Notechis ater niger Kangaroo Island black tiger snake Notechis ater occidentalis Western Australian black tiger snake Notechis sculatus Eastern or mainland tiger snake Oxyuranus microlepidotus Inland taipan Oxyuranus scutellatus Taipan Pseudechis australis King brown snake Pseudechis colletti Collett's snake Pseudechis guttatus Spotted black snake Pseudechis porphyriacus Red-bellied black snake Pseudonaja affinis Dugite Pseudonaja inramacula Peninsula brown snake Pseudonaja nuchalis Western brown snake Pseudonaja textilis Common brown snake Tropidechis carinatus Rough scaled snake Schedule 4 Part VI(B) A specimen is a venom, venom derivative or venom product derived from: Latrodectus hasseltii Redback spider Lampona cylindrata White-tailed spider Updated as at 1 January 1998 (added species noted by **) Schedule 6—Live animals and live plants the import of which is not prohibited by paragraph 22 (b) and in relation to which section 9 applies Section 22 PART I - LIVE SPECIMENS A live fish of a genus, species or sub-species specified in PART II. A live brine shrimp of the species Artemia salina. A live plant the introduction of which into Australia is in accordance with the Quarantine Act 1908. A live bird of the species Cairina moschata PART II-FISH Division 1 - Freshwater Fish (Class Pisces) Genus, species or sub-species Common Name Abramites hypselonotus headstander Acanthophthalmus spp. loach, kuhlii Aequidens maronii keyhole Aequidens pulcher acara, blue Anostomus spp. headstander Aphyocharax spp. tetras, bloodfin Aphyosemeion spp. killie fish Apistogramma spp. cichlid, dwarf Aplocheilus spp. panchax Apteronotus albifrons knife fish/black ghost Apteronotus leptorhynchus long nose brown ghost knifefish Arnoldichthys spilopterus arnold's or redeye characin Astronotus ocellatus oscar Astyanax fasciatus mexicanis "jordani" (only albino form) fish, blind cave Aulonocara nyassae (length 5 cm and over) cichlid, African peacock Aulonocara spp. cichlids, African Bagrichthys hypselopterus (only males) catfish, black lancer Balantiocheilus melanopterus shark, silver Barbodes everetti barb, clown Barbodes fasciatus barb, striped Barbodes hexazona barb, tiger Barbodes lateristriga barb Barbodes pentazona barb, banded Bedotia geayi rainbow, Madagascar Benthochromis tricoti benthochromis tricoti Betta spp. fighting fish Boehlkea fredcochui tetra, Chochui's blue Botia macracantha loach, clown Brachydanio albolineatus danio, pearl Brachydanio frankei danio, leopard Brachydanio kerri danio, kerr's Brachydanio nigrofasciatus danio, spotted Brachydanio rerio danio, zebra Brachygobius spp. bumble bee fish Brochis spp. catfish, armored/catfish, blue Brycinus longipinnis tetra, African Campylomormyrus cassaicus double-nose elephant nose Campylomormyrus rhynchophorus double-nose elephant nose Capoeta arulius barb, longfin Capoeta oligolepis barb, checker Capoeta partipentazona barb, tiger Capoeta semifasciolatus barb, golden Capoeta tetrazona barb, tiger Capoeta titteya barb, cherry Carassius auratus goldfish Carnegiella spp. hatchet fish Chalinochromis brichardi (only bridled morph of 5 cm & over) cichlid, Lake Tanganyika Chalinochromis spp. cichlids, Lake Tanganyika Chanda spp. perchlets Chilodus punctatus headstander, spotted Chilotilapia rhoadesii (length 5 cm & over) Rhoadesii ** Cichlasoma nicaraguense (length 5 cm & over) cichlid, Nicaraguan Coelurichthys microlepis tetra, croaking Colisa chuna gourami, honey dwarf Colisa fasciata gourami, giant dwarf Colisa labiosa gourami, thick-lipped Colisa lalia gourami, dwarf Copeina arnoldi tetra, splash/characin, jumping Copeina guttata red spotted copeina Corydoras spp. cat, armoured Corynopoma riisei (only males) characin, swordtail Crenicara filamentosa checkerboard lyretail Crenicara maculata (length 5 cm & over) cichlid, checkerboard Cyathopharnx furcifer thread fin furficer Cyprichromis leptosoma cyprichromis, yellowtail Cyrtocara moorii Danio devario danio, bengal Danio malabaricus danio, giant Dermogenys pusillus half beak Dianema urostriata catfish, stripe tailed Epalzeorhynchus kallopterus flying fox Epalzeorhynchus siamensis siamese flying fox Epiplatys spp. killie fish Eretmodus cyanostictus dwarf goby cichlid Eretmodus maculatus cichlid, Tangyanikan clown Esomus malayensis barb, flying Farlowella acus catfish, twig Gasteropelecus spp. hatchet fish Gnathochromis permaxillaris ** Gnathonemus macrolepidotus elephant nose Gnathonemus petersi elephant nose Gymnocorymbus ternetzi tetra, black widow Gyrinocheilus aymonieri catfish, sucking-Asia Hasemania nana tetra, silver tip Helostoma rudolfi gourami, pink kissing Helostoma temminckii gourami, green kissing Hemigrammus spp. tetra Hemiodopsis sterni hemiodopsis, striped Hemigrammopetersius caudalis yellow-tail congo tetra Homaloptera orthogoniata lizard fish-Indonesia Hyphessobrycon spp. tetra Inpaichthys kerri blue emperor tetra Iodotropheys sprengerae cichlid, African Julidochromis spp. cichlid, dwarf Kryptopterus bicirrhis catfish, glass Kryptopterus macrocephalus catfish, poormans glass Labeo bicolor shark, redtail Labeo erythrurus shark, red fin Labeo frenatus shark, rainbow Labeo variegatus shark, variegated Laetacara curviceps curviceps Laetacara dorsigerus cichlid Laubuca laubuca Indian hatchet fish Leiocassis siamensis (only males) catfish, Siamese or bumble bee Lepidarchus adonis tetra, flagtail or adonis Leporinus arcus leporinus, lipstick Leporinus fasciatus leporinus, banded Leporinus maculatus leporinus, spotted Leporinus multifasciatus leporinus, multi-banded Loricaria filamentosa catfish, whiptail Macrognathus aculeatus eel, spiny Macropodus opercularis (only males of length 6 cm & over) paradise fish Megalamphodus spp. tetras Melanochromis auratus auratus Melanochromis simulans auratus Mesonauta festivus (albino prohibited) festivum Metynnis spp. (length 4 cm & over) silver dollars Moenkhausia spp. tetra Monodactylus argenteus angel, Malayan/mono/batfish Monodactylus sebae mono, African Morulius chrysophekadion shark, black Myleus rubripinnis (only males of length 8 cm & over) red hook Nannacara anomala acara, golden dwarf Nannacara aureocephalus cichlid, golden head Nannacara taenia cichlid, dwarf lattice Nannostomus spp. pencil fish Nematobrycon spp. tetra, emperor Neolamprologus brichardi Burundi, Princess of Neolamprologus cylindricus cichlid, Tanganyikan Neolamprologus leleupi (only yellow morph of length 5 cm & over) cichlid, lemon Neolamprologus meeli (length 5 cm & over) cichlid, African Neolamprologus mustax (length 5 cm & over) mustax, mask lamprologus ** Neolamprologus ocellatus (length 5 cm & over) cichlid, African Ophthalmotilapia spp. threadfin/cichlid, blacknosed Oryzias latipes medaka, golden Osteochilus hasselti barb, bony lipped Osteochilus vittatus barb, bony lipped Otocinclus arnoldi catfish, sucker Oxygaster oxygastroides barb, glass Pantodon buchholzi butterfly fish Papiliochromis altispinosa cichlid, Bolivian butterfly Papiliochromis ramirezzii ram Paracheirodon axelrodi tetra, cardinal Paracheirodon innesi tetra, neon Paracyprichromis nigripinnis blue neon cyprichromis Parauchenipterus fisheri (only males of length 7 cm & over) woodcat Parosphromenus deissneri (only males of length 4 cm & over) licorice gourami Pelvicachromis pulcher kribensis Pelvicachromis subocellatus kribensis Pelvicachromis taeniatus kribensis Petitella georgiae false rummy nose Petrochromis trewavasae (length 5 cm & over) white-spotted peerrochromis, threadfin chichlid ** Phenacogrammus interruptus tetra, congo Pimelodella pictus cat, pictus Pimelodus ornatus cat, pictus Poecilia latipinna mollie, sailfin Poecilia reticulata guppy Poecilia sphenops mollie, black Poecilia velifera mollie, yucatan sailfin Poecilocharax weitzmani (only males) shining tetra Prionobrama filigera bloodfin, glass Pristella maxillaris pristella Pseudogastromyzon myersi sucker, dwarf stone Pterophyllum spp. angel fish Puntius asoka barb, asoka Puntius bimaculatus barb, two spot Puntius conchonius barb, rosy Puntius cumingi barb, cummings Puntius filamentosus barb, black spot Puntius lineatus barb, striped Puntius nigrofasciatus barb, ruby Puntius ticto barb, ticto Puntius vittatus barb, kooli Rasbora argyrotaenia rasbora, silver Rasbora borapetensis rasbora, red tail Rasbora caudimaculata rasbora, red tail Rasbora dorsiocellata rasbora, emerald eye Rasbora dusonensis rasbora, yellow tail Rasbora einthoveni rasbora, blue line Rasbora elegans rasbora, two spot Rasbora hengelii rasbora, harlequin Rasbora heteromorpha rasbora, harlequin Rasbora kalochroma rasbora, clown Rasbora leptosoma rasbora, copper striped Rasbora maculata rasbora, dwarf spotted Rasbora pauciperforata rasbora, red line Rasbora sarawakensis rasbora, Sarawak Rasbora steineri rasbora, gold line Rasbora taeniata rasbora, blue line Rasbora trilineata scissortail, black Rasbora vaterifloris rasbora, flame Rhodeus amarus bitterling Rhodeus sericeus bitterling Semaprochilodus insignis prochilodus Semaprochilodus taeniurus prochilodus, flagtail Spathodus erythrodon cichlid, blue spotted goby Sphaerichthys osphronemoides gourami, chocolate Sturiosoma panamense (only females of length 8 cm & over) catfish, armoured Symphysodon spp. discus Synodontis decorus (only males of length 10 cm & over) catfish Synodontis multipunctatus catfish, African Synodontis nigriventris cat, upsidedown Tanganicodus irsacae goby cichlid Tanichthys albonubes white cloud Telmatherina ladigesi rainbow, celebes Thayeria spp. tetra, hockeystick Thoracocharax spp. hatchet, fish Toxotes jaculator archer, fish Trichogaster leeri gourami, pearl Trichogaster microlepis gourami, moonbeam Trichogaster trichopterus gourami, golden/gourami, opaline/gourami, blue Trichopsis pumilus gourami Trichopsis vittatus gourami Trinectes maculatus flounder, freshwater Triportheus spp. fish, false hatchet Tropheus spp. cichlids, African Xiphophorus helleri swordtail Xiphophorus maculatus platy Xiphophorus variatus platy, variegated **************************************************************** Division 2-Marine Fish (Class Pisces) Family Genus, species or sub-species Common Name Acanthuridae All species of the family Acanthuridae Surgeonfish Anomalopidae All species of the family Anomalopidae Flashlight fish Apogonidae All species of the family Apogonidae Cardinal fishes Balistidae All species of the family Balistidae Triggerfish Blennidae Cirripectes stigmaticus Blennies Ecsenius axelrodi Ecsenius bicolor Ecsenius graveri Ecsenius melarchus Ecsenius midas Ecsenius pulcher Lipophrys nigriceps Meiacanthus astrodorsalis Meiacanthus grammistes Meiacanthus ovalauensis Brotulidae All species of the family Brotulidae Eel-Pouts Bythitidae All species of the family Bythitidae Cusk Eels Callionymidae All species of the family Callionymidae Dragonets Carangidae Alectis sp Trevally Carapidae All species of the family Carapidae Pearlfish Centriscidae All species of the family Centriscidae Razor fish Chaetodontidae All species of the family Chaetodontidae Butterfly fish Cirrhitidae All species of the family Cirrhitidae Hawk fish Dasyatidae Taeniura lymma Stingrays Ephippididae All species of the family Ephippididae Batfish Gobiidae Gobiodon sp Gobies Lythrypnus sp Nemateleotris sp Ptereleotris sp Signigobius sp Valenciennea strigata Grammidae All species of the family Grammidae Grammas Heterodontidae Heterodontidae zebra Bullhead sharks Holocentridae All species of the family Holocentridae Squirrel fish Labridae All species of the family Labridae Wrasses Lobotidae Lobotes sp Jumping Cod Lutjanidae Macolor sp Sea perches Symphorichthys sp Malacanthidae All species of the family Malacanthidae Blanquillos Monocentrididae All species of the family Monocentrididae Pineapple fish Mugiloididae All species of the family Mugiloididae Weevers Mullidae All species of the family Mullidae Goatfish Muraenidae All species of the family Muraenidae Moray eels Ostraciidae All species of the family Ostraciidae Box fish Pegasidae All species of the family Pegasidae Seamoths Pempherididae All species of the family Pempherididae Sweepers Pholidichthyidae All species of the family Pholidichthyidae Convict blennies Plesiopidae All species of the family Plesiopidae Longfins Plotosidae Plotosus lineatus Eel-tailed catfish Pomacanthidae All species of the family Pomacanthidae Angel fish Pomacentridae All species of the family Pomacentridae Damsel fish Priacanthidae All species of the family Priacanthidae Bullseyes Pseudochromidae All species of the family Pseudochromidae Dottybacks Scaridae All species of the family Scaridae Parrotfish Scolopsidae Scolopsis bilineatus Spine-cheeks Scolopsis (Nemipterus) bleekeri Scorpaenidae Brachirus sp Scorpion fish Dendrochirus sp Pterois sp Rhinopias sp Serranidae Anthias sp Rock Cods Cromileptes sp Siganidae Siganus (Lo) sp Rabbit fish Syngnathidae All species of the family Syngnathidae Pipe fish Tetraodontidae Canthigaster sp Puffer fish Zanclidae All species of the family Zanclidae Tangs Schedule 7—Species of native Australian animals eligible to be treated as household pets Section 16 Order Class Family Species AVES PSITTACIFORMES Cacatuidae Cacatua galerita (cockatoo, sulphur-crested) Cacatua roseicapilla (galah) Cacatua sanguinea (corella, little) Cacatua tenuirostris (corella, long-billed) Nymphicus hollandicus (cockatiel) Platycercidae Melopsittacus undulatus (budgerigar) List of Species Listed on Schedule 9 to the as of 1 November 1997 Struthio camelus Ostrich Anser cygnoides Chinese goose, Swan goose Anser anser Greylag and all domestic strains of geese Alopochen aegyptiacus Egyptian goose Tadorna variegata Paradise shelduck Cairina moschata Muscovy duck Meleagris gallopavo Turkey Anas platyrhynchos Mallard and all strains of domestic duck Aythya novaeseelandiae New Zealand Scaup Lophortyx californica California quail Colinus virginianus Northern bobwhite Alectoris chukar Chukar Partridge Coturnix coturnix Common quail Coturnix chinensis King quail, chinese painted quail Coturnix japonica Japanese quail Gallus gallus Red junglefowl All strains of domestic chicken Lophura leucomelanos Kalij pheasant Lophura nycthemera Silver pheasant Lophura swinhoii Swinhoe's pheasant Lophura diardi Siamese pheasant Syrmaticus reevsii Reeve's pheasant Phasianus colchicus Common pheasant Chrysolophus pictus Golden pheasant Chrysolophus amherstiae Lady Amherst's pheasant Pavo cristatus Indian peafowl Pavo muticus Green peafowl Numida meleagris Helmeted guineafowl Columba livia Rock pigeon, Common pigeon, Fancy pigeon Streptopelia "risoria" Ringed turtle dove Streptopelia chinensis Spotted dove Streptopelia senegalensis Laughing dove Oena capensis Masked dove, Caped, Harelquin, Namaqua dove. Columbina talpacoti Talpacoti, Ruddy ground dove Gallicolumba luzonica Luzon bleeding heart pigeon Gallicolumba jobiensis New guinea, - White bibbed ground dove Eclectus roratus polychloros Red-sided Eclectus parrot Eclectus roratus solomonensis Solomon Island Eclectus parrot Cyanoramphus novaezelandiae novaezelandiae Red-fronted kakariki Cyanoramphus auriceps auriceps Yellow-fronted kakariki Agapornis roseicollis Peach-faced lovebird Agapornis fischeri Fischer's lovebird Agapornis personata Masked lovebird Agapornis lilianae Nyasa lovebird Psittacula eupatria Alexandrine parrot Psittacula krameri Rose-ringed, Indian ring-necked parrot Psittacula himalayana Slaty-headed parrot Psittacula cyanocephala Plum-headed parrot Aratinga jandaya Janday conure Aratinga solstitialis Sun conure Nandayus nenday Nanday conure Myopsitta monachus Monk parrot Turdus merula Eurasian blackbird Turdus philomelos Song thrush Volatinia jacarina Jacarina, Blue-black grassquit Tiaris canora Cuban grassquit Serinus canaria Canary Serinus leucopygius White rumped seedeater, Grey singing finch Serinus mozambicus Yellow-fronted canary, Green singing finch Serinus flaviventris Yellow canary Carduelis chloris European greenfinch Carduelis sinica Oriental greenfinch Carduelis carduelis European goldfinch Carduelis magellanica Black-headed siskin Pytilia phoenicoptera Red-winged Pytilia, Aurora Pytilia hypogrammica lopezi Red-faced Aurora Pytilia hypogrammica Yellow-winged pytilia Pytilia melba Green-winged pytilia, Melba finch Lagonosticta senegala Red-billed firefinch Uraeginthus angolensis Blue-breasted cordonbleu Uraeginthus bengalus Red-cheeked cordonbleu Uraeginthus cyanocephala Blue-capped cordonbleu Estrilda astrild St Helena, Common waxbill Amandava amandava amandava Red avadavat Amandava amandava punicea Amandava subflava Zebra waxbill, Orange breasted waxbill Erythrura psittacea Red-throated parrot finch, Red faced parrot finch Erythrura trichroa (excluding Erythrura sigillifera) Blue-faced parrot finch Lonchura malabarica White-throated silverbill Lonchura bicolor Rufous backed Munia, Black and white munia Lonchura leucogastroides White-bellied, Javan munia Lonchura punctulata Spice finch, scaly-breasted munia Lonchura malacca malacca Black-headed munia, Black-headed nun. Lonchura malacca ferruginosa Lonchura malacca atricapilla Lonchura maja White-headed munia Lonchura domestica Bengalese Mannikin Lonchura cantans Silverbill Padda oryzivora Java sparrow Amandina erythrocephala Red-headed Finch, Aberdeen finch Amandina fasciata Cut throat finch Passer domesticus House sparrow Passer montanus Eurasian tree sparrow Foudia madagascariensis Madagascar Fody Foudia eminentissima Red-headed fody Euplectes orix orix Red bishop, Grenadier weaver Euplectes orix franciscana Euplectes axillaris Red-shouldered whydah, Fan tailed widow bird Vidua macroura Pin tailed whydah Sturnus vulgaris Common starling Acridotheres tristis Common myna Pycnonotus jocosus Red-whiskered bulbul Alauda arvensis Common skylark Table A Application, saving or transitional provisions Environmental Reform (Consequential Provisions) Act 1999 (No. 92, 1999) Schedule 3 59 Application The amendment of the made by this Schedule applies in relation to applications for permits (and, because of section 39 of that Act, to applications for authorities) under that Act made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. Schedule 4 78 Saving (1) This item applies if a person appointed under subsection 18(2) of the (the Wildlife Act) held office as the Designated Authority immediately before the commencement of the Environment Protection and Biodiversity Conservation Act 1999. (2) The person continues to hold the office at the pleasure of the Minister administering the Wildlife Act, despite the repeal and substitution of subsection 18(1) of that Act by this Part. $$A