303GN Possession of illegally imported specimens
Object
(1) The object of this section is:
(a) to comply with Australia’s obligations under:
(i) the Biodiversity Convention; and
(ii) CITES; and
(b) to otherwise further the objects of this Part;
by prohibiting the possession of illegally imported specimens and the progeny of such specimens.
Note: See Article 8 of the Biodiversity Convention.
Possession of CITES specimens and unlisted regulated live specimens
(2) A person is guilty of an offence if:
(a) the person has in the person’s possession, in the Australian jurisdiction, a specimen; and
(b) the specimen is:
(i) a CITES specimen; or
(ii) a regulated live specimen that is not included in the list referred to in section�*303EB;
and the person is reckless as to that fact; and
(c) the specimen does not belong to a native species.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
(3) Subsection�*(2) does not apply if:
(a) the specimen was lawfully imported; or (b) the specimen was not imported, but all of the specimens of which it is the progeny were lawfully imported.
Note 1: For lawfully imported, see section�*303GY.
Note 2: The defendant bears an evidential burden in relation to the matters in subsection�*(3) (see subsection 13.3(3) of the Criminal Code).
(4) Subsection�*(2) does not apply if the specimen was neither imported, nor the progeny of any other specimen that was imported.
Note: The defendant bears an evidential burden in relation to the matters in subsection�*(4) (see subsection 13.3(3) of the Criminal Code).
(5) Subsection�*(2) does not apply if the defendant has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection�*(5) (see subsection 13.3(3) of the Criminal Code).
Possession of listed regulated live specimens
(6) A person is guilty of an offence if:
(a) the person has in the person’s possession, in the Australian jurisdiction, a specimen; and
(b) the specimen is a regulated live specimen that is included in Part�*2 of the list referred to in section�*303EB, and the person is reckless as to that fact; and
(c) the specimen does not belong to a native species; and
(d) either:
(i) the specimen was unlawfully imported; or
(ii) the specimen was not imported, but any of the specimens of which it is the progeny was unlawfully imported.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
(7) Subsection�*(6) does not apply if the defendant has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection�*(7) (see subsection 13.3(3) of the Criminal Code).
Unlawfully imported
(8 ) For the purposes of this section, a specimen is unlawfully imported if, and only if, it was imported, but was not lawfully imported (section�*303GY).
