Wild Fauna and Flora Act · 2024 Revised Edition · Part · Trade in Species
16. Certificate to re-export species
Official textFrom Attorney General's Chambers, unchanged
The Director may, after consultation with the appropriate management authority and scientific authority, grant a certificate to re-export any specimen of any species listed in Appendix II to an applicant, if those authorities are satisfied that —
Director
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
Wild Fauna and Flora
in the case of that specimen being imported —
specimen
“specimen” means — (a) any animal or plant, whether alive or dead; or (b) any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;
before the commencement of this Act, it was not imported in contravention of any written law; or
after the commencement of this Act, it was imported in accordance with this Act;
it will be prepared and shipped so that the risk of —
injury to the specimen;
adverse effect on the health of the specimen; and
in the case of an animal, cruel treatment of the specimen, is minimised.
Terms defined in s 2
animal
Defined · s 2“animal” means any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusc, arthropod or other invertebrate, but does not include human beings;
Appendix II
Defined · s 2“Appendix II” means the Appendix II to the Convention which lists all species that are not threatened with extinction but may become so if trade is not regulated;
Director
Defined · s 2“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
management authority
Defined · s 2“management authority” means — (a) in relation to Brunei Darussalam, the Director; (b) in relation to any other country, the management authority appointed by that country for the purposes of the Convention;
re-export
Defined · s 2“re-export” means the export of any specimen that has previously been imported, whether or not in the same form as at the time of its importation;
Scientific Authority
Defined · s 2“Scientific Authority” means the Scientific Authority specified in section 6(1);
species
Defined · s 2“species” means any species, sub-species, variety, form or geographically separate population thereof;
specimen
Defined · s 2“specimen” means — (a) any animal or plant, whether alive or dead; or (b) any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;