Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person exports a specimen; and
(b) the specimen is a regulated native specimen.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
Exemption--permit
(2) Subsection (1) does not apply if the specimen is exported in accordance with a permit that was issued under section 303CG, 303DG, 303GB or 303GC and is in force.
Exemption--accredited wildlife trade management plan
(3) Subsection (1) does not apply if:
(a) the export of the specimen would be an export in accordance with an accredited wildlife trade management plan (section 303FP); and
(b) the specimen is not a live native mammal, a live native reptile, a live native amphibian or a live native bird; and
(ba) either:
(i) the specimen is not a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of this subparagraph; or
(ii) the export is an export from an approved aquaculture program in accordance with section 303FM; and
(c) the specimen is not a CITES specimen; and
(d) the specimen does not belong to an eligible listed threatened species.
Exemption--exchange of scientific specimens
(4) Subsection (1) does not apply if the export of the specimen is an export that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non - commercial exchange of scientific specimens between scientific organisations.
Note: The defendant bears an evidential burden in relation to the matters in subsections (2), (3) and (4) (see subsection 13.3(3) of the Criminal Code ).