Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303gc
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303GC
Character Range: 95048–97201

303GC  Permit authorising the Secretary to export or import specimens

 (1) The Secretary may apply to the Minister for a permit to be issued under subsection (2).

 (2) The Minister may, on application made by the Secretary under subsection (1), issue a permit to the Secretary. This subsection has effect subject to subsections (4) and (5).

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

 (4) The Minister must not issue a permit under this section to export a specimen unless the Minister is satisfied that:
 (a) both:
 (i) the recipient of the specimen will be a relevant CITES authority of a country; and
 (ii) the specimen will be used by that relevant CITES authority for the purpose of the identification of a specimen and/or for the purpose of education or training; or
 (b) both:
 (i) the specimen has been seized under this Act; and
 (ii) the specimen will be used to facilitate investigations in or outside Australia in relation to trade relating to wildlife.

 (5) The Minister must not issue a permit under this section to import a specimen unless the Minister is satisfied that:
 (a) the specimen will be used by the Secretary for the purposes of the identification of a specimen; or
 (b) both:
 (i) the sender of the specimen will be a relevant CITES authority of a country; and
 (ii) the specimen will be used for the purpose of the identification of a specimen and/or for the purpose of education or training; or
 (c) the specimen was exported from Australia in contravention of:
 (i) this Part; or
 (ii) the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
 (d) the specimen will be used to facilitate investigations in or outside Australia in relation to trade relating to wildlife.

 (6) A permit under this section:
 (a) comes into force on the date on which it is issued; and
 (b) unless it is sooner cancelled, remains in force for:
 (i) a period of 12 months beginning on the date on which it is issued; or
 (ii) if a shorter period is specified in the permit—that shorter period.