Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303eb
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303EB
Character Range: 41985–44130

303EB  Listing of specimens suitable for live import

 (1) The Minister must, by instrument published in the Gazette, establish a list of specimens that are taken to be suitable for live import.

 (2) The list is to be divided into 2 Parts, as follows:
 (a) Part 1 is to be a list of unregulated specimens;
 (b) Part 2 is to be a list of allowable regulated specimens.

 (3) The list may only contain specimens that are live animals or live plants.

 (4) Part 1 of the list, as first established, must contain only the specimens referred to in Part I of Schedule 5 or Part I of Schedule 6 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section.

 (5) Part 1 of the list must not contain a CITES specimen.

 (6) Part 1 of the list is taken to include a live plant the introduction of which into Australia is in accordance with the Quarantine Act 1908.

 (7) For each specimen included in Part 2 of the list, there is to be a notation that states whether the inclusion of the specimen in that part of the list is subject to restrictions or conditions and, if so, the nature of those restrictions or conditions.

 (8) A restriction or condition referred to in subsection (7) may:
 (a) consist of a quantitative limit in relation to the import of the specimen; or
 (b) relate to the circumstances of the import of the specimen; or
 (c) relate to the source of the specimen; or
 (d) relate to the circumstances in which the specimen was taken.

 (9) Subsection (8) does not limit subsection (7).

 (10) Part 2 of the list, as first established, must contain only specimens that were, at any time before the commencement of this section, the subject of an import permit granted under the Wildlife Protection (Regulation of Exports and Imports) Act 1982.

 (11) For the purposes of subsection (10), a specimen is taken to have been the subject of an import permit if, and only if, the specimen was identified in the permit at the species or sub‑species level.

 (12) A copy of an instrument under subsection (1) is to be made available for inspection on the Internet.