Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303cg:p1
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303CG (pt 1/2)
Character Range: 18407–21078

303CG  Minister may issue permits

 (1) The Minister may, on application made by a person under section 303CE, issue a permit to the person. This subsection has effect subject to subsection (3).

 (2) A permit authorises its holder to take the action or actions specified in the permit without breaching section 303CC, 303CD, 303DD or 303EK.

 (3) The Minister must not issue a permit unless the Minister is satisfied that:
 (a) the action or actions specified in the permit 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) the recovery in nature of any taxon to which the specimen belongs; or
 (iii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
 (b) the specimen was not obtained in contravention of, and the action or actions specified in the permit would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and
 (c) 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
 (d) if any restriction or condition is applicable to the specimen under a notation in the list referred to in section 303CA—that restriction or condition has been, or is likely to be, complied with; and
 (e) if the permit authorises the export of a CITES specimen:
 (i) the proposed export would be an eligible non‑commercial purpose export (within the meaning of section 303FA); or
 (ii) the relevant conditions set out in the table in section 303CH have been met; and
 (f) if the permit authorises the import of a CITES specimen:
 (i) the proposed import would be an eligible non‑commercial purpose import (within the meaning of section 303FB); or
 (ii) the relevant conditions set out in the table in section 303CH have been met; and
 (g) if:
 (i) the permit authorises the import of a CITES II specimen; and
 (ii) the proposed import would be an eligible non‑commercial purpose import (within the meaning of section 303FB);
  the country from which the specimen is proposed to be imported has a relevant CITES authority and permission to export the specimen from that country has been given by a relevant CITES authority of that country; and
 (h) if the permit authorises the export of a CITES specimen that is a regulated native specimen—the conditions set out in subsection 303DG(4) have been met; and
 (i) if the permit authorises the import of a CITES specimen that is a regulated live specimen—the conditions set out in subsection 303EN(3)