sec.35Meaning of authorised animal (category C) , authorised animal (category C1) and authorised animal (category C2)

sec.35 Meaning of authorised animal (category C) , authorised animal (category C1) and authorised animal (category C2)

An authorised animal (category C) is an authorised animal that is prohibited matter, other than an animal that is international wildlife. An authorised animal (category C1) is an authorised animal (category C) of a species prescribed by regulation. An authorised animal (category C2) is an authorised animal (category C) other than an authorised animal (category C1). The Minister may recommend to the Governor in Council the making of a regulation under subsection (2) only if the Minister is satisfied— the escape of animals of that species in Australia would pose no more than a low risk of the species becoming established— for a species the Minister believes is established in Australia but outside the State and whose eradication is not technically feasible—in the State; or otherwise—anywhere in Australia; and the establishment of animals of that species in Australia poses or would pose no more than a moderate risk of an adverse effect on any of the following matters (the relevant considerations )— the health, safety or wellbeing of a person; social amenity, the economy or the environment. For subsection (4) (a) and (b) , in assessing the extent of the risk of a species becoming established and the risk posed by the establishment of the species, the Minister— must have regard to any relevant scientific assessment of— the risk of animals that are prohibited matter becoming established in the State or elsewhere in Australia if they were to escape; and the risk of an adverse effect on the relevant considerations posed, or that would be posed, by the establishment in Australia of animals that are prohibited matter; and must consult with relevant entities. However, a failure to consult under subsection (5) (b) does not affect the validity of a decision under subsection (4) (a) or (b) . In this section— escape includes release. relevant entities means entities the Minister considers have an interest in— preventing the establishment within Australia of animals that are prohibited matter; or exhibiting animals that are prohibited matter. (sec.35-ssec.1) An authorised animal (category C) is an authorised animal that is prohibited matter, other than an animal that is international wildlife. (sec.35-ssec.2) An authorised animal (category C1) is an authorised animal (category C) of a species prescribed by regulation. (sec.35-ssec.3) An authorised animal (category C2) is an authorised animal (category C) other than an authorised animal (category C1). (sec.35-ssec.4) The Minister may recommend to the Governor in Council the making of a regulation under subsection (2) only if the Minister is satisfied— the escape of animals of that species in Australia would pose no more than a low risk of the species becoming established— for a species the Minister believes is established in Australia but outside the State and whose eradication is not technically feasible—in the State; or otherwise—anywhere in Australia; and the establishment of animals of that species in Australia poses or would pose no more than a moderate risk of an adverse effect on any of the following matters (the relevant considerations )— the health, safety or wellbeing of a person; social amenity, the economy or the environment. (sec.35-ssec.5) For subsection (4) (a) and (b) , in assessing the extent of the risk of a species becoming established and the risk posed by the establishment of the species, the Minister— must have regard to any relevant scientific assessment of— the risk of animals that are prohibited matter becoming established in the State or elsewhere in Australia if they were to escape; and the risk of an adverse effect on the relevant considerations posed, or that would be posed, by the establishment in Australia of animals that are prohibited matter; and must consult with relevant entities. (sec.35-ssec.6) However, a failure to consult under subsection (5) (b) does not affect the validity of a decision under subsection (4) (a) or (b) . (sec.35-ssec.7) In this section— escape includes release. relevant entities means entities the Minister considers have an interest in— preventing the establishment within Australia of animals that are prohibited matter; or exhibiting animals that are prohibited matter.