General Section 37: Meaning of "ivory"
Subsection (1) provides the definition of ivory applied under the Act. Ivory from any species of elephant is in scope of the Act and this ivory may be obtained from an elephant tusk or tooth. Subsection (6) further defines "elephant" as any animal or species that is within the family Elephantidae and that is extant, i.e. living, at the time at which the Act is passed. This means in practice that ivory from all species and sub-species of elephants, including any which may be identified in future, are covered by this sales ban. It also means that ivory from extinct species of the family Elephantidae, such as mammoths, is not within scope of these measures.
	Subsection (2) confers a delegated power to the appropriate national authority to make regulations under the Act in order to amend the definition of ivory in subsection (1). This delegated power could, for example, be applied if the restrictions under the Act inadvertently led to the displacement of ivory trade from elephant ivory to another form of ivory, including from an extinct species (i.e. the mammoth). Displacement, for example, could lead to increases in hippopotamus ivory trade, putting that species at greater risk of extinction, or further poaching of elephants for their ivory if use of ivory from other species fuels demand in ivory generally. In such a scenario ivory from the hippopotamus and other species could be included within the scope of the prohibition on ivory as outlined within the Act. Subsection (3) specifies that the affirmative resolution procedure would apply.
	Subsection (4) provides for ivory, which has been proved to be ivory and is relevant to offence proceedings, to be assumed to be elephant ivory unless the accused can prove otherwise. The burden of proof would, therefore, lie with the accused in order to that prove it is not elephant ivory and is instead ivory from a different species. For example, scientific test results could be provided as evidence of origin.