44Authority to export or import in exceptional circumstances

##### 44 Authority to export or import in exceptional circumstances (1) Where: (a) the Minister is considering an application by a person for a permit or an authority to export or to import a specimen; (b) under this Act, the Minister is precluded from granting that permit or giving that authority unless the Minister is satisfied in relation to a matter; and (c) even though the Minister is not satisfied in relation to that matter, the Minister is satisfied that: (i) the export or import of the specimen, as the case may be, would not be contrary to the object of this Act; and (ii) exceptional circumstances exist that justify the proposed export or import of the specimen; the Minister may, in the Minister’s discretion, give public notice: (d) that the Minister is considering giving the person authority under this section to export or to import the specimen, as the case may be; (e) setting out the conditions (if any) that the Minister would impose in accordance with section 47 in respect of that authority; and (f) inviting interested persons to lodge with the Minister, not later than a date specified in the notice (not being a date earlier than 5 days after the last date of publication of the notice) and at a place specified in the notice, comments in writing on the desirability of the Minister giving that authority. (2) Where: (a) the Minister has given public notice under subsection (1) that the Minister is considering giving a person an authority under this section to export or to import a specimen; and (b) the Minister has considered, and discussed with the Designated Authority, any comments lodged in response to that notice; the Minister may, in the Minister’s discretion, give, or refuse to give, an authority under this section to that person to export or to import the specimen, as the case may be. (3) 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 6 months commencing on the date on which it is given or, if a lesser period is specified in the authority, that lesser period. (4) In subsection (1), a reference to public notice is a reference to a notice published: (a) in the Gazette; (b) in each State and internal Territory in a newspaper circulating generally in that State or Territory; and (c) in each external Territory that the Minister considers appropriate (if any) in a newspaper circulating generally in that external Territory.