Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_38:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 38 (pt 2/2)
Character Range: 627410–628248

(b) paragraph 194N(2)(a) and subsection 194N(3) of the amended EPBC Act do not apply.

(7) If:
 (a) the Scientific Committee had, before the species commencement time, given the Minister advice about the nomination in accordance with section 189 of the old EPBC Act; and
 (b) the Minister determines, in writing, that this subitem applies to the nomination of the item for the first assessment period;
then that advice is taken, for the purposes of the amended EPBC Act, to be an assessment given by the Committee to the Minister:
 (c) in accordance with subsection 194N(1) of the amended EPBC Act in relation to the nomination of the item for the first assessment period; and
 (d) on the day the Minister makes the determination referred to in paragraph (b).

(8) A determination under subitem (6) or (7) is not a legislative instrument.