Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303gx:p1
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303GX (pt 1/2)
Character Range: 125675–128217

303GX  Part not to apply to certain specimens used by traditional inhabitants

 (1) In this section:

area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (2).

Australian place means a place in Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone.

Papua New Guinea place means a place in Papua New Guinea that is in the Protected Zone or in an area in the vicinity of the Protected Zone.

prescribed specimen means a specimen of a kind specified in a notice in force under subsection (3).

Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.

Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978.

traditional activities has the same meaning as in the Torres Strait Treaty.

traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.

 (2) The Minister may, by notice published in the Gazette, declare an area adjacent to the Protected Zone to be an area in the vicinity of the Protected Zone for the purposes of this section.

 (3) The Minister may, by notice published in the Gazette, declare that a specimen of a kind specified in the notice is a prescribed specimen for the purposes of this section.

 (4) For the purposes of this Part, if a prescribed specimen that is owned by, or is under the control of, a traditional inhabitant and that has been used, is being used or is intended to be used by him or her in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone, is:
 (a) brought to an Australian place from a Papua New Guinea place; or
 (b) taken from an Australian place to a Papua New Guinea place;
then, subject to subsection (5), that specimen:
 (c) in the case where the specimen is brought into Australia as mentioned in paragraph (a)—is taken not to have been imported into Australia; and
 (d) in the case where the specimen is taken from Australia as mentioned in paragraph (b)—is taken not to have been exported from Australia.

 (5) If:
 (a) a prescribed specimen that has been brought into Australia is, under subsection (4), taken not to have been imported into Australia; and
 (b) that prescribed specimen is brought to a place in Australia that is not in the Protected Zone or in an area in the vicinity