Wild Fauna and Flora Act · 2024 Revised Edition · Part · General
47. Trading in species without permit or certificate
Official textFrom Attorney General's Chambers, unchanged
Any person who —
trades in any specimen of any species listed in Appendix I without the appropriate permit or certificate granted under any of sections 10 to 13;
trades in any specimen of any species listed in Appendix II without the appropriate permit or certificate granted under any of sections 14 to 17; or
trades in any specimen of any species listed in Appendix III without the appropriate permit or certificate granted under any of sections 18 to 21, is guilty of an offence.
Any person who commits an offence against subsection (1)(a)
is liable on conviction —
in the case of an individual, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000 or both;
in the case of a body corporate, to a fine not exceeding $200,000.
Wild Fauna and Flora
Any person who commits an offence against subsection (1)(b)
is liable on conviction —
in the case of an individual, to imprisonment for a term not exceeding 3 years, a fine not exceeding $50,000 or both;
in the case of a body corporate, to a fine not exceeding $100,000.
Any person who commits an offence against subsection (1)(c)
is liable on conviction —
in the case of an individual, to a fine not exceeding $37,500;
in the case of a body corporate, to a fine not exceeding $75,000.
Terms defined in s 2
Appendix I
Defined · s 2“Appendix I” means the Appendix I to the Convention which lists all species threatened with extinction which are or may be affected by trade;
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;
Appendix III
Defined · s 2“Appendix III” means the Appendix III to the Convention which lists all species identified by any party to the Convention that require regulation in its jurisdiction for the purpose of preventing or restricting exploitation and require the cooperation of other parties in the control of trade;
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;