10AControlled specimens

##### 10A Controlled specimens (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 this Act. (2A) Except in special circumstances, the Minister must not make a declaration under subsection (2) about specimens of a particular kind unless: (a) legislation relating to the protection, conservation or management of the specimens is in force in each State and Territory from which the specimens are to be taken; and (b) the legislation applies throughout each State and Territory from which the specimens are to be taken; and (c) in the opinion of the Minister, the legislation is effective. (3) Where the Minister decides that it would be consistent with the object of this Act for ordinary specimens of a particular kind to be taken in a particular place in a foreign country otherwise than in accordance with an approved management program and imported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act. (3A) A declaration under subsection (2) or (3) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection (4). (3B) If a declaration ceases to be in force because of subsection (3A), this Act does not prevent the Minister from making a fresh declaration under subsection (2) or (3). (3C) A fresh declaration under subsection (2) or (3) may be made during the 90‑day period before the time when the current declaration ceases to be in force. (3D) A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period. (4) The Minister may make a decision under subsection (2) or (3) about specimens of a particular kind even though the decision is: (a) limited to specimens taken during a particular period; or (b) limited to a particular number or other quantity of the specimens; or (c) subject to the existence of particular circumstances; or (d) subject to compliance with a particular condition; but, in such a case, the instrument of declaration is to specify the period, quantity, circumstances or condition. (4A) If a declaration specifies circumstances as mentioned in subsection (4), the Minister must revoke the declaration if he or she becomes satisfied that those circumstances have ceased to exist. (4B) The Minister may vary a declaration by: (a) specifying one or more conditions (or further conditions) to which the declaration is subject; or (b) revoking or varying any condition: (i) specified in the instrument of declaration; or (ii) specified under paragraph (a). (4C) The Minister must revoke a declaration if he or she becomes satisfied that a condition of the declaration has been contravened. (4D) The Minister may revoke a declaration at any time. (5) The regulations may prescribe matters that are to be taken into account by the Minister when deciding whether or not to declare specimens to be controlled specimens under subsection (2) or (3). (5A) A declaration under subsection (2) or (3) may be made: (a) on the Minister’s own initiative; or (b) on written application being made to the Minister. (6) The Designated Authority must maintain a register containing descriptions of the controlled specimens. (7) The register is to set out opposite to each description of controlled specimens the date of the declaration of the specimens.