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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm an Australian who is repatriating from Malaysia to

Customer Question

Hi there
JA: Hi. What is your issue regarding?
Customer: I'm an Australian who is repatriating from Malaysia to Australia. I have a hand raised Cockatiel (Australian bird) which is now 6yrs old.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Im currently in Kuala Lumpur repatriating to Adelaide
JA: Have you talked to a lawyer yet?
Customer: Not yet - Ive spoken to Dept Agriculture
JA: Anything else you think the lawyer should know?
Customer: I looked on the Environment.gov website and they have a live specimen list which the cockatiel is listed as can be imported. I've completed the Permit ($395) and checked the BICON website for import conditions which states an assessment will be made - I don't know when this assessment is to take place - before the bird leaves Malaysia or on its entry to Australia?
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

The bird will be quarantined here in Australia and checked here.

You will pay for the time the bird is in quarantine.

If you have an assessment in Malaysia you can give a copy to the australians but they will also quarantine the bird here.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 3 months ago.
Thanks Leon
My concern is around having the bird on the accepted list but the result in Bicon (dept Ag assessment tool) showing as unable to assess. If I turn up with the bird into Australia one of the Bicon suggested scenario's is that he will be destroyed or returned to Malaysia. I have no one in Malaysia who can collect him and I'm worried that they will destroy him once we arrive in Aust.
Expert:  Leon replied 3 months ago.

Good Evening.

Here is a link for border protection.

https://www.border.gov.au/Factsheets/Documents/importinganimals.pdf

Cant you send me the link you are referring to?

Customer: replied 3 months ago.
Live import list from environment website https://www.environment.gov.au/biodiversity/wildlife-trade/live/import-list. He falls into part 2 on this list which requires a permit.Dept Ag tool - asks 2 questions. 9apparently you can import pigeons but not household pets)
https://bicon.agriculture.gov.au/BiconWeb4.0/ImportConditions/Search?SearchTabIndex=0&CaseSearchText=Bird+&SearchExecutionType=Search&ShowAdvancedCaseSearchOptions=False&ImportDestinationAustralia=true&ImportDestinationAustralia=false&ImportDestinationCocosIslands=false&ImportDestinationChristmasIsland=false&CaseEffectiveAsAtDate=12%2FAug%2F2016&ScientificNameFiltertext=&ScientificNameRank=All&CheckedAvailableScientificNameId=&CheckedSelectedScientificNameId=&SelectedScientificNameIdsString=&TarrifCodePart1=&TarrifCodePart2=&TarrifCodePart3=&TarrifCodePart4=&ShowAdvancedTariffSearchOptions=False&TariffSearchEffectiveAsAtDate=12%2FAug%2F2016
Expert:  Leon replied 3 months ago.

I would call the department and speak to someone.

You are not sending the bird unsupervised you are coming with him.

The link you sent talks about destroying if unsupervised.

There are no guarantees but speak to the department and they will give you more information. My understanding is that the bird is held in quarantine and once it clears you collect him.

Customer: replied 3 months ago.
Thanks, I've spoken to dept Ag, dept enviro and border force who all referred me to each other.
Dept ag said I can't bring the bird in but it's on the enviro list that you can bring it in.
Expert:  Leon replied 3 months ago.

Give me till Monday and I will see what I can find out. Message me Monday afternoon and will let you know what I have found out.

Customer: replied 3 months ago.
Wonderful,thank you.
Have a great weekend
Expert:  Leon replied 3 months ago.

You too