Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303ca
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303CA
Character Range: 9985–12305

303CA  Listing of CITES species

 (1) The Minister must, by instrument published in the Gazette, establish a list of CITES species for the purposes of this Act.

 (2) The Minister must ensure that the list is established on the commencement of this section.

Note: See section 4 of the Acts Interpretation Act 1901.

 (3) The list must include all species from time to time included in any of Appendices I, II and III to CITES. The list must not include any other species.

 (4) For each species included in the list, there is to be a notation:
 (a) describing the specimens belonging to that species that are included in a particular Appendix to CITES; and
 (b) identifying the Appendix in which the species is included; and
 (c) identifying the date on which the provisions of CITES first applied to the specimens.

 (5) A description mentioned in paragraph (4)(a):
 (a) may cover all specimens that belong to the species; or
 (b) may cover specified kinds of specimens that belong to the species; or
 (c) may state that the inclusion of a specimen in a particular Appendix to CITES is subject to restrictions or conditions.

 (6) A restriction or condition mentioned in paragraph (5)(c) may:
 (a) impose a quantitative limit in relation to the export or import of a specimen; or
 (b) relate to the imposition of a quota in relation to the export or import of specimens; or
 (c) relate to a particular population of a species; or
 (d) reflect any other restriction or condition set out in the relevant Appendix to CITES.

 (7) Subsection (6) does not limit paragraph (5)(c).

 (8) A notation in the list is to be consistent with CITES.

 (9) The Minister may, by instrument published in the Gazette:
 (a) correct an inaccuracy or update the name of a species; or
 (b) amend the list, as necessary, so that it includes all species required to be included in the list under subsection (3); or
 (c) amend the list, as necessary, so that the notations in the list are consistent with CITES.

 (10) A copy of an instrument under subsection (1) or (9) is to be made available for inspection on the Internet.

 (11) For the purposes of this section, it is to be assumed that the definition of specimen in CITES includes a reference to a thing that is a specimen for the purposes of this Act.

Note: See also section 303CB.