Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303EU

Determinations

  (1)   The Secretary may, by legislative instrument, make a determination about the marking of specified kinds of specimens for the purposes of identification.

Matters that may be covered by determination

  (2)   Without limiting subsection   (1), a determination by the Secretary under that subsection may:

  (a)   require specimens to be marked; and

  (b)   deal with the manner in which specimens are to be marked; and

  (c)   deal with the times at which marking is to occur; and

  (d)   deal with the removal or destruction of marks; and

  (e)   deal with the replacement or modification of marks; and

  (f)   require that marking be carried out by persons approved in writing by the Secretary under that determination; and

  (g)   deal with the circumstances in which marks may be, or are required to be, rendered useless; and

  (h)   in the case of a mark that consists of a label, tag, band or device:

  (i)   set out specifications relating to the label, tag, band or device; and

  (ii)   require that any destruction or removal of the label, tag, band or device be carried out by a person approved in writing by the Secretary under that determination.

Marking of animals not to involve undue pain etc.

  (3)   In the case of a live animal, a determination under subsection   (1) must not require marking that involves:

  (a)   undue pain or distress to the animal; or

  (b)   undue risk of the death of the animal.

Marking of plants not to involve undue risk of death

  (4)   In the case of a live plant, a determination under subsection   (1) must not require marking that involves undue risk of the death of the plant.