What is legal possession of exotic birds?

Anyone in possession of an exotic (non-native) bird that is listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or is not listed in Part 1 of the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) must be able to demonstrate the legal origin of the specimen/s.

The EPBC Act regulates the possession of illegally imported species, including CITES listed species and regulated live specimens. The National Exotic Bird Registration Scheme (NEBRS) was established in 1996 and was discontinued in 2002. Since the closure of NEBRS bird keepers have been responsible for maintaining records or other evidence that an exotic bird in their possession has been legally obtained.

The lists below provide a guide to the types of documentation that would be considered by the Department to help verify the source of a bird:

Primary documentation

A standard Movement Transaction Record (MTR) or Activity Record (AR) completed under the exotic bird record keeping scheme.
An EPBC Act Live Import Permit (or a live import permit issued under previous legislation)
National Exotic Bird Registration Scheme (NEBRS) records identifying the source of the bird(s)
Verifiable documentation identifying the seller of the birds, including their name and address details
A receipt from the seller showing: the name and address of seller; the name and address of buyer; individual identification of the bird; and the signature of both the seller and buyer

Supporting documentation

Individual identification of the bird (e.g. sexing certificate with date)
Transaction details (e.g. cheque butt, printed receipt from online banking transaction)
A statutory declaration identifying the seller and the seller's details
A copy of the original advertisement with the seller's contact details
A statutory declaration identifying relevant NEBRS records or import permits
State records relating to the keeping of specimens or transactions within Australia (e.g. a state import or export permit).

Statutory declarations or affidavits may be acceptable to the Department, but only if they contain sufficient information capable of demonstrating that the birds are from legal sources.

More about when a statutory declaration or affidavit may be considered

Possession of illegal exotic birds

The possession of unlawfully imported specimens and the progeny of such specimens is an offence under Section 303GN of the EPBC Act and various penalties may apply.

An inspector under the EPBC Act may seize exotic bird(s) in Australia if they have reasonable grounds to suspect that the origins of the bird(s) cannot be verified. The decision to seize is undertaken on a case by case basis and does not result in the automatic forfeiture of specimens. The EPBC Act provides a number of ways for people who have specimens seized to provide additional information to verify the origin of those specimens.

Request the free publication: Compliance Guide for Exotic Birds in Australia

State and territory laws

It is important to note that there may be state or territory legislation that could also apply to the keeping of exotic birds. Please contact the relevant authority in your state for more details.