Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303gb:p1
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303GB (pt 1/2)
Character Range: 91894–94525

303GB  Exceptional circumstances permit

 (1) If:
 (a) the Minister is considering an application by a person for a permit to be issued under section 303CG, 303DG or 303EN in relation to a specimen; and
 (b) under this Part, the Minister is precluded from issuing that permit unless the Minister is satisfied in relation to a matter; and
 (c) even though the Minister is not satisfied in relation to that matter, the Minister is satisfied that:
 (i) the export or import of the specimen, as the case may be, would not be contrary to the objects of this Part; and
 (ii) exceptional circumstances exist that justify the proposed export or import of the specimen; and
 (iii) the export or import of the specimen, as the case may be, would not adversely affect biodiversity;
the Minister may issue a permit to the person.

 (1A) The Minister must not issue a permit under this section unless the grant of that permit would not be contrary to CITES.

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

Duration of permit

 (3) A permit under this section that relates to a CITES specimen:
 (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 6 months beginning on the date on which it is issued; or
 (ii) if a shorter period is specified in the permit—that shorter period.

 (4) A permit under this section that relates to a specimen other than a CITES specimen:
 (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.

Further information

 (5) The Minister may, within 40 business days after an application is made as mentioned in subsection (1), request the applicant to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.

 (6) The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.

Public consultation

 (7) Before issuing a permit under this section, the Minister must cause to be published on the Internet a notice:
 (a) setting out the proposal to issue the permit; and
 (b) setting out sufficient information to enable persons and organisations to consider adequately the merits of the proposal; and
 (c) inviting