Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_303dc
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 303DC
Character Range: 761465–763405

303DC  Minister may amend list
 (1) The Minister may, by legislative instrument, amend the list referred to in section 303DB by:
 (a) doing any of the following:
 (i) including items in the list;
 (ii) deleting items from the list;
 (iii) imposing a condition or restriction to which the inclusion of a specimen in the list is subject;
 (iv) varying or revoking a condition or restriction to which the inclusion of a specimen in the list is subject; or
 (b) correcting an inaccuracy or updating the name of a species.
 (1A) In deciding whether to amend the list referred to in section 303DB to include a specimen derived from a commercial fishery, the Minister must rely primarily on the outcomes of any assessment in relation to the fishery carried out for the purposes of Division 1 or 2 of Part 10.
 (1B) Subsection (1A) does not apply to an amendment mentioned in paragraph (1)(b).
 (1C) Subsection (1A) does not limit the matters that may be taken into account in deciding whether to amend the list referred to in section 303DB to include a specimen derived from a commercial fishery.
 (1D) In this section:
fishery has the same meaning as in section 303FN.
 (2) For the purposes of paragraph (1)(b), correcting an inaccuracy includes ensuring that the list complies with subsection 303DB(5).
 (3) Before amending the list referred to in section 303DB as mentioned in paragraph (1)(a) of this section, the Minister:
 (a) must consult such other Minister or Ministers as the Minister considers appropriate; and
 (b) must consult such other Minister or Ministers of each State and self‑governing Territory as the Minister considers appropriate; and
 (c) may consult such other persons and organisations as the Minister considers appropriate.
 (4) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument to which paragraph (1)(b) of this section applies.

Subdivision B—Offence and permit system