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Wednesday, 20 June 2001
Page: 24671


Senator BARTLETT (9:31 AM) —by leave—I move Democrats amendments Nos 80 to 82, 84 to 88 and 92:

(80) Schedule 1, item 11, page 61 (line 11), at the end of paragraph (d), add:

; or (v) the escape of a live plant.

(81) Schedule 1, item 11, page 61 (after line 19), after subsection (4), insert:

(4A) For the purposes of subsection (3), a person is taken to have allowed a plant to escape if:

(a) the plant has grown or propagated in the wild; and

(b) either:

(i) the person allowed the plant to escape; or

(ii) the person failed to take all reasonable measures to prevent the plant from growing or propagating in the wild.

(82) Schedule 1, item 11, page 61 (after line 23), at the end of section 303GF, add:

(6) If a person is convicted of an offence under this section, the Minister must:

(a) cancel the person's permit under section 303GI; and

(b) not issue any permit under this Part to that person for a period of 10 years after the date on which the person was convicted of the offence.

(84) Schedule 1, item 11, page 66 (line 16), omit “and the person is reckless as to that fact”.

(85) Schedule 1, item 11, page 66 (lines 31 to 34), omit subsection (5).

(86) Schedule 1, item 11, page 67 (lines 56 and 57), omit “and the person is reckless as to that fact”.

(87) Schedule 1, item 11, page 67 (lines 15 to 18), omit subsection (7).

(88) Schedule 1, item 11, page 69 (after line 15), after subsection (3), insert:

(3A) A person is guilty of an offence if:

(a) the person exports or imports a live animal in a manner that subjects the animal to cruel treatment; and

(b) the animal is a CITES specimen.

Penalty: 500 penalty units.

(3B) A person is guilty of an offence if:

(a) the person exports a live animal in a manner that subjects the animal to cruel treatment; and

(b) the animal is a regulated native specimen.

Penalty: 500 penalty units.

(3C) A person is guilty of an offence if the person imports a live animal in a manner that subjects the animal to cruel treatment.

Penalty: 500 penalty units.

(3D) Strict liability applies to paragraphs (1)(a) and (b), (2)(a) and (b) and subsection (3).

Note: For strict liability, see section 6.1 of the Criminal Code.

(92) Schedule 1, page 87 (after line 22), after item 32, insert:

32A Paragraph 489(1)(a)

Omit “or 13”, substitute “, 13 or 13A”.

32B Paragraph 489(2A)(a)

Omit “or 13”, substitute “, 13 or 13A”.

These amendments relate to various offences and the action required when people contravene conditions of permits. They are fairly self-explanatory. I commend them to the Senate.