Document ID: chunk:federal_register_of_legislation:C2004A04208:body:0:p4
Version: federal_register_of_legislation:C2004A04208
Segment Type: other
Provision Reference: 
Character Range: 7727–10622

Australia or an external Territory otherwise than in accordance with an approved management program and exported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act.

"(3) Where the Minister decides that it would be consistent with the object of this Act for ordinary specimens of a particular kind to be taken in a particular place in a foreign country otherwise than in accordance with an approved management program and imported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act.

"(4) The Minister may make a decision under subsection (2) or (3) about specimens of a particular kind even though the decision is:

  (a)       limited to specimens taken during a particular period; or

     (b)      limited to a particular number or other quantity of the specimens; or

  (c)       subject to the existence of particular circumstances; or

  (d) subject to compliance with a particular condition;

but:

     (e) in such a case, the instrument of declaration is to specify the period, quantity, circumstances or condition; and

     (f) where paragraph (c) or (d) applies—the Minister is to revoke the declaration that the specimens are controlled specimens if he or she becomes satisfied that:

      (i) those circumstances have ceased to exist; or

      (ii) that condition has been contravened.

"(5) The Minister, in making a decision about specimens for the purposes of subsection (2) or (3), is to take into account advice from the Designated Authority on:

     (a)      the size of the populations of the animals or plants from which the specimens would be taken; and

     (b)      the potential impact on those populations of taking the specimens; and

     (c)      any management program relating to those animals or plants; and

     (d)      the extent of controls over the taking, possession and disposal of the specimens; and

     (e)      the extent of any proposed or potential export or import, as the case requires, of the specimens for commercial purposes; and

  (f)       any other prescribed matter.

"(6) The Designated Authority must maintain a register containing descriptions of the controlled specimens.

"(7) The register is to set out opposite to each description of controlled specimens the date of the declaration of the specimens.".

Export of household pets—native Australian animals

  8. Section 16 of the Principal Act is amended:

  (a)      by omitting from paragraph (1) (d) "and";

     (b)      by adding at the end of subsection (1) the following word and paragraph:

             "; and (f) it is not proposed to export (whether by virtue of this subsection or otherwise) more than 6 animals (including the animal referred to in paragraph (a)