Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303eu
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303EU
Character Range: 55710–57532

303EU  Secretary may make determinations about marking of specimens

Determinations

 (1) The Secretary may make a written determination about the marking of specified kinds of specimens for the purposes of identification.

Matters that may be covered by determination

 (2) Without limiting subsection (1), a determination by the Secretary under that subsection may:
 (a) require specimens to be marked; and
 (b) deal with the manner in which specimens are to be marked; and
 (c) deal with the times at which marking is to occur; and
 (d) deal with the removal or destruction of marks; and
 (e) deal with the replacement or modification of marks; and
 (f) require that marking be carried out by persons approved in writing by the Secretary under that determination; and
 (g) deal with the circumstances in which marks may be, or are required to be, rendered useless; and
 (h) in the case of a mark that consists of a label, tag, band or device:
 (i) set out specifications relating to the label, tag, band or device; and
 (ii) require that any destruction or removal of the label, tag, band or device be carried out by a person approved in writing by the Secretary under that determination.

Marking of animals not to involve undue pain etc.

 (3) In the case of a live animal, a determination under subsection (1) must not require marking that involves:
 (a) undue pain or distress to the animal; or
 (b) undue risk of the death of the animal.

Marking of plants not to involve undue risk of death

 (4) In the case of a live plant, a determination under subsection (1) must not require marking that involves undue risk of the death of the plant.

Disallowable instrument

 (5) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.