Document ID: chunk:federal_register_of_legislation:C2004A04208:body:0:p3
Version: federal_register_of_legislation:C2004A04208
Segment Type: other
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Character Range: 5084–7982

that external Territory.

Views of concerned persons to be considered before making declarations

  "9b. (1) Where the Minister proposes to:

   (a)     declare an approved management program under section 10; or

   (b)     declare a controlled specimen under section 10a;

the Designated Authority must send each person and organisation on the register maintained under section 9a written notice of the proposal and, without contravening the Privacy Act 1986, sufficient information to enable the person or organisation to consider adequately the merits of the proposal.

"(2) A person or organisation on the register may give the Designated Authority written comments on the proposal within one month after its receipt of the notice or such longer period as the Designated Authority determines.

"(3) The Minister is not to make the proposed declaration unless the Minister has considered all comments on the proposal given under subsection (2).".

Approved management programs

6. Section 10 of the Principal Act is amended by adding at the end the following subsection:

"(3) The Minister may make a declaration about a management program even though he or she considers that the program should be an approved management program only:

  (a)      during a particular period; or

  (b)      while certain circumstances exist; or

(c)      while a certain condition is complied with; but:

     (d)      in such a case, the instrument of declaration is to specify the period, circumstances or condition; and

     (e)      where paragraph (b) or (c) applies—the Minister is to revoke the declaration if he or she becomes satisfied that:

       (i) those circumstances have ceased to exist; or

      (ii) that condition has been contravened.".

7. After section 10 of the Principal Act the following section is inserted:

Controlled specimens

  "10a. (1) In this section:

'ordinary Australian specimen' means a specimen that is, or is derived from, a native Australian animal or a native Australian plant other than:

     (a)       a live native Australian animal of a species included in the sub-phylum vertebrata, not being a fish; or

  (b)       a specimen specified in Part I of Schedule 1; or

  (c) a specimen specified in Part I of Schedule 3;

'ordinary specimen' means a specimen other than:

  (a)       a live animal; or

  (b)      a specimen specified in Part I of Schedule 1; or

  (c)       a specimen specified in Part I of Schedule 3.

"(2) Where the Minister decides that it would be consistent with the object of this Act for ordinary Australian specimens of a particular kind to be taken from a particular place in Australia or an external Territory otherwise than in accordance with an approved management program and exported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of