Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_303dg:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 303DG (pt 1/3)
Character Range: 765736–768434

303DG  Minister may issue permits
 (1) The Minister may, on application made by a person under section 303DE, issue a permit to the person. This subsection has effect subject to subsections (3) to (4A).
 (2) A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303DD.
 (2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 3 years after that date.
 (3) The Minister must not issue a permit authorising the export of a live native mammal, a live native reptile, a live native amphibian or a live native bird unless the Minister is satisfied that the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA).
 (3A) The Minister must not issue a permit authorising the export of a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of paragraph 303DD(3)(ba) unless the Minister is satisfied that:
 (a) the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA); or
 (b) the proposed export would be an export from an approved aquaculture program in accordance with section 303FM.
 (4) The Minister must not issue a permit unless the Minister is satisfied that:
 (a) the export of the specimen will not be detrimental to, or contribute to trade which is detrimental to:
 (i) the survival of any taxon to which the specimen belongs; or
 (ii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
 (b) if the specimen is a live specimen that belongs to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimen have been, or are likely to be, complied with; and
 (c) the specimen was not obtained in contravention of, and the export would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and
 (d) if the specimen belongs to an eligible listed threatened species—the export of the specimen is covered by subsection (7) or (8), and the export would not be inconsistent with any recovery plan for that species; and
 (e) if the specimen does not belong to an eligible listed threatened species:
 (i) the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA); or
 (ii) the proposed export would be an eligible commercial purpose export (within the meaning of