41Authority to export or import scientific specimens

##### 41 Authority to export or import scientific specimens (1) In this section: > prescribed specimen means a specimen other than a live animal. > registered scientific institution means a scientific organization the name of which is entered in the register maintained under subsection 40(1). (2) A registered scientific institution may make an application, in writing, to the Minister for an authority under this section to: (a) export prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21, in pursuance of: (i) arrangements for the non‑commercial loan of prescribed specimens by the registered scientific institution to other registered scientific institutions; (ii) arrangements for the donation of prescribed specimens by the registered scientific institution to other registered scientific institutions; or (iii) arrangements for the exchange of prescibed specimens between the registered scientific institution and other registered scientific institutions; being arrangements for the purposes of scientific research; (b) import prescribed specimens, or specimens included in a class of prescribed specimens, being specimens the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22, in pursuance of: (i) arrangements for the non‑commercial loan of prescribed specimens to the registered scientific institution by other registered scientific institutions; (ii) arrangements for the donation of prescribed specimens to the registered scientific institution by other registered scientific institutions; or (iii) arrangements for the exchange of prescribed specimens between the registered scientific institution and other registered scientific institutions; being arrangements for the purposes of scientific research; (c) re‑import prescribed specimens exported in pursuance of arrangements referred to in subparagraph (a)(i); and (d) re‑export prescribed specimens imported in pursuance of arrangements referred to in subparagraph (b)(i). (3) Subject to subsection (4), the Minister shall give an authority under this section to a registered scientific institution that has made an application for the authority under subsection (2). (4) The Minister shall not give an authority under this section unless the Minister is satisfied that: (a) the recipient of any live plant that is not specified in Schedule 5 or 6 imported by virtue of the authority will be an approved institution in relation to a class of specimens that includes that live plant; and (b) specimens exported or imported by virtue of the authority will be exported or imported in pursuance of arrangements specified in paragraph (2)(a) or (2)(b). (5) An authority under this section: (a) shall be in writing; (b) comes into force on the date on which it is given; and (c) subject to section 46, remains in force while the scientific organization to which the authority was given remains a registered scientific institution. (6) An authority under this section to export or to import specimens shall set out particulars of a kind of label to be borne by the containers in which the specimens are to be exported or imported, as the case may be, and the authority shall be taken to be only an authority to export or to import the specimens, as the case may be, while they are in containers that bear labels of that kind. (7) Subject to subsection (8), where a registered scientific institution that holds an authority under this section wishes to foster scientific research by an individual, that institution may, by instrument in writing, declare that individual to be an affiliate of that institution and, while the declaration is in force: (a) arrangements for the loan of prescribed specimens by or to that individual shall, for the purposes of this section, be taken to be arrangements for the loan of prescribed specimens by or to, as the case may be, that institution; (b) arrangements for the donation of prescribed specimens by or to that individual shall, for the purposes of this section, be taken to be arrangements for the donation of prescribed specimens by or to, as the case may be, that institution; (c) arrangements for the exchange of prescribed specimens between that individual and another registered scientific institution shall, for the purposes of this section, be taken to be arrangements for the exchange of prescribed specimens between the first‑mentioned institution and that other institution; and (d) arrangements for the exchange of prescribed specimens between that individual and another individual in respect of whom another declaration under this subsection is in force shall, for the purposes of this section, be taken to be arrangements for the exchange of prescribed specimens between the first‑mentioned institution and the registered scientific institution that made that other declaration. (8) A registered scientific institution shall not make a declaration under subsection (7) in relation to an individual without the consent in writing of the Designated Authority and shall revoke such a declaration if requested by the Designated Authority in writing to do so.