Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_363
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 363
Character Range: 196595–197986

363  Subsection 189(3)
Repeal the subsection, substitute:

 (3) In preparing advice for a proposed amendment to delete an item:
 (a) included in a category of a list referred to in section 178 or 181; and
 (b) that had not been included in that category in accordance with subsection 186(3), (4) or (5);
the only matters the Scientific Committee may consider are matters relating to:
 (c) the survival of the native species or ecological community concerned; or
 (d) the effect that the inclusion in the list of the native species or ecological community concerned is having, or could have, on the survival of that native species or ecological community.

 (3A) In preparing advice for a proposed amendment to:
 (a) include a native species in a category of the list referred to in section 178 in accordance with subsection 186(3), (4) or (5) because of the species' resemblance to another species; or
 (b) delete a native species from a category of the list referred to in section 178 that had been included in that category in accordance with subsection 186(3), (4) or (5) because of the species' resemblance to another species;
the only matters the Scientific Committee may consider are matters relating to:
 (c) the survival of either species; or
 (d) the effect that the inclusion in the list of the first‑mentioned species is having, or could have, on the survival of either species.