42Authority to export or import artificially propagated plants

##### 42 Authority to export or import artificially propagated plants (1) A person may make an application to the Minister for: (a) an authority under this section to export artificially propagated plants that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3; (b) an authority under this section to export artificially propagated native Australian plants that are specimens not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3; or (c) an authority under this section to import artificially propagated plants that are specimens specified in Part I of Schedule 2 or Part I of Schedule 3. (2) An application under subsection (1) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister. (3) Subject to subsections (4) and (5), the Minister may, in the Minister’s discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under subsection (1). (4) The Minister shall not give an authority under subsection (3) to export or to import plants unless the Minister is satisfied that plants that would be exported or imported by virtue of the authority will have been artificially propagated. (5) The Minister shall not give an authority under subsection (3) to import live plants that are not specified in Schedule 5 or 6 unless the Minister is satisfied that the recipient of any live plant imported in accordance with the authority will be an approved institution in relation to a class of specimens that includes that live plant. (6) 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 for a period of 12 months commencing on the date on which it is given or, if a lesser period is specified in the authority, that lesser period. (7) A person who has been given an authority under this section shall: (a) as soon as practicable after the end of each period specified for the purposes of this paragraph in the authority, give the Designated Authority particulars of any exports or imports made by virtue of the authority during that period; and (b) comply, as soon as practicable, with any request by the Designated Authority for information relating to plants exported or imported by virtue of the authority.