Wildlife trade and conservation
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One mechanism that the Department considers may assist people in verifying the origin of an exotic bird is the use of detailed declarations. A reference to a declaration includes both statutory declarations and affidavits.
The use of declarations to verify the origin of exotic birds may be appropriate when more direct avenues have been exhausted. The Department would generally expect that declarations be used in circumstances when an owner of an exotic bird is required to verify the origin of exotic bird specimen(s) to the Department or a court, where the owner has not otherwise obtained or maintained adequate documentation to demonstrate legal ownership.
The Department does not endorse the use of declarations to facilitate the sale or transfer of exotic birds where the seller does not have adequate breeding records or other records. It is up to the buyer to ensure that the seller can provide adequate information to prove that the birds have a verifiable origin and were legally obtained.
If declarations are to be useful in assisting owners demonstrate that the origin of a specimen(s) is verifiable, they must contain sufficient information as to the origin of that particular specimen(s).
Ideally, a declaration should be able to be corroborated in some way by other material. Material will not be acceptable if it merely indicates the buyer/seller of an exotic bird.
As a guide the declaration should include what type of bird(s) are involved, detailed information about the origin of the bird(s) including if it has been bred and any progeny produced and the history of ownership including dates of purchase. Corroboration through supporting documentation, like receipts or dated transfer letters, would also help verify the origin of an exotic bird. This would depend on the individual circumstances of a given situation. Read more about proving legal possession of exotic birds.
For general information please see the completion and use of a statutory declaration.
Affidavits may be available under State or Commonwealth legislation. For matters to be filed in the Federal Court additional information can be found at:
