Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_303fn:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 303FN (pt 2/2)
Character Range: 806180–808306

force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
 (8) A fresh declaration may be made during the 90‑day period before the time when the current declaration ceases to be in force.
 (9) A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period.
 (10) For the purposes of this section, an operation is a wildlife trade operation if, and only if, the operation is an operation for the taking of specimens and:
 (a) the operation is an operation that, under the regulations, is taken to be a market‑testing operation; or
 (b) the operation is an operation that, under the regulations, is taken to be a small‑scale operation; or
 (c) the operation is an operation that, under the regulations, is taken to be a developmental operation; or
 (d) the operation is a commercial fishery; or
 (e) the operation is an operation that, under the regulations, is taken to be a provisional operation; or
 (f) the operation is an operation of a kind specified in the regulations.
 (10A) In deciding whether to declare that a commercial fishery is an approved wildlife trade operation for the purposes of this section, 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.
 (10B) Subsection (10A) does not limit the matters that may be taken into account in deciding whether to declare that a fishery is an approved wildlife trade operation for the purposes of this section.
 (11) In this section:
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fishery means a class of activities by way of fishing, including activities identified by reference to all or any of the following:
 (a) a species or type of fish;
 (b) a description of fish by reference to sex or any other characteristic;
 (c) an area of waters or of seabed;
 (d) a method of fishing;
 (e) a class of vessels;
 (f) a class of persons;
 (g) a purpose of activities.