42AAuthority to export certain specimens

##### 42A Authority to export certain specimens (1) In this section, prescribed class means a class of specimens the description of which is entered in the register maintained under subsection (3). (2) The Minister may, on the recommendation of the Designated Authority, give the Designated Authority notice, in writing, that a class of specimens described in the notice, not being a class of: (a) specimens specified in Part I of Schedule 1; (b) specimens specified in Part I of Schedule 2 that are not, or are not derived from, live plants that were artificially propagated; (c) specimens specified in Part I of Schedule 3; or (d) specimens that are live native Australian animals of a species included in the sub‑phylum VERTEBRATA, other than fish; is to be a prescribed class for the purposes of this section. (3) The Designated Authority shall maintain a register containing a description of each class of specimens described in a notice which has been given to the Designated Authority under subsection (2). (4) A person may make an application to the Minister for an authority under this section to export specimens included in a specified prescribed class. (5) An application under subsection (4) shall be made in accordance with the prescribed form, or, if no form is prescribed, a form approved by the Minister. (6) Subject to subsection (7), the Minister may, in the discretion of the Minister, give or refuse to give, an authority under this section to export specimens included in a particular prescribed class to a person who has made an application for the authority under subsection (4). (7) The Minister shall not give an authority under subsection (6) to export specimens unless the Minister is satisfied that the specimens that would be exported by virtue of the authority would be: (a) in the case of animal specimens: (i) specimens that are, or are derived from, live animals that were bred in captivity; (ii) specimens that are, or are derived from, animal specimens that were taken in accordance with an approved management program; or (iii) specimens that are, or are derived from, animal specimens that are controlled specimens; or (b) in the case of plant specimens: (i) specimens that are, or are derived from, live plants that were artificially propagated; (ii) specimens that are, or are derived from, plant specimens that were taken in accordance with an approved management program; or (iii) specimens that are, or are derived from, plant specimens that are controlled specimens. (8) An authority under this section: (a) shall be in writing; (b) comes into force on the day on which it is given; and (c) subject to section 46, remains in force for a period of 12 months commencing on the day on which it is given or, if a lesser period is specified in the authority, that lesser period. (9) A person who has been given an authority under this section shall, when the authority is produced to an officer of Customs or an inspector in accordance with subsection 45(1) in relation to the export of specimens to which the authority applies, give the officer or inspector, or cause the officer or inspector to be given, particulars in writing of those specimens in accordance with a form approved by the Designated Authority.