16CAssessment of eligibility of taxon, community or process to be listed

16C Assessment of eligibility of taxon, community or process to be listed (1) The Committee may assess the eligibility for listing of a taxon of flora or fauna, a community of flora or fauna or a potentially threatening process if a nomination has been made in relation to the taxon, community or process— (a) which the Committee has considered and not rejected under section 16B; or (b) by the Committee. (2) An assessment must be conducted by the Committee under this section in accordance with the eligibility criteria prescribed for the purposes of Division 2. (3) Subject to subsection (4), the Committee must assess the eligibility of a taxon of flora or fauna to be specified in the Threatened List first on the basis of its risk of extinction in Australia. (4) The Committee may assess the eligibility of a taxon of flora or fauna to be specified in the Threatened list on the basis of its risk of extinction in Victoria only in any of the following circumstances— (a) the taxon has been assessed by the Committee or under the law of another jurisdiction as not being at risk of extinction in Australia; (b) the taxon has been assessed under the law of another jurisdiction as being at risk of extinction in Australia but the Committee is of the opinion that the assessment was not conducted in accordance with the common assessment method; (c) the taxon is likely to be assessed in accordance with the common assessment method under the law of another jurisdiction but the Committee is of the opinion that there are factors that warrant the assessment of the taxon on the basis of its risk of extinction in Victoria. (5) The Committee may only, under subsection (4), assess the eligibility of a taxon of flora or fauna to be listed on the basis of its risk of extinction in Victoria for any of the following categories of threat— (a) extinct; (b) extinct in the wild; (c) critically endangered; (d) endangered; (e) vulnerable. S. 16D inserted by No. 28/2019 s. 11.