Section 303BC — Environment Protection and Biodiversity Conservation Act 1999: Definitions

In this Part, unless the contrary intention appears: eligible listed threatened species means a listed threatened species other than a species in the conservation dependent category. engage in conduct means: (a) do an act; or (b) omit to perform an act. export means: (a) export from Australia or from an external Territory; or (b) export from the sea; but does not include: (c) export from Australia to an external Territory; or (d) export from an external Territory to Australia; or (e) export from an external Territory to another external Territory. export from the sea, in relation to a specimen, means take in a Commonwealth marine area and then take out of that area to another country without bringing into Australia or into an external Territory. import means: (a) import into Australia or into an external Territory; or (b) import by way of introduction from the sea; but does not include: (c) import into Australia from an external Territory; or (d) import into an external Territory from Australia; or (e) import into an external Territory from another external Territory. import by way of introduction from the sea, in relation to a specimen, means take in the marine environment not under the jurisdiction of any country and then bring into Australia or into an external Territory without having been imported into any other country. marine environment means the sea, and includes: (a) the air space above the sea; and (b) the seabed and subsoil beneath the sea. 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. relevant CITES authority, in relation to a country, means: (a) if the country is a party to CITES—a Management Authority of that country; or (b) if the country is not a party to CITES—a competent authority of that country within the meaning of Article X of CITES. sender, in relation to a specimen that is imported into Australia or 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. take includes: (a) in relation to an animal—harvest, catch, capture, trap and kill; and (b) in relation to a plant specimen—harvest, pick, gather and cut. trade means trade within the ordinary meaning of that expression. Note: See also section 528.