Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) an application is made under section 303CE, 303DE or 303EL for a permit (the first permit ) to authorise the taking of an action (the proposed action ); and
(b) the Minister considers that:
(i) the proposed action may be or is a controlled action; or
(ii) the proposed action is related to an action (the related action ) that may be or is a controlled action; or
(iii) the proposed action is an action for which a non - Part 13A permit is required; or
(iv) the proposed action is related to an action (the related action ) that is an action for which a non - Part 13A permit is required.
Deferral of decision
(2) The Minister must neither issue, nor refuse to issue, the first permit before whichever is the latest of the following days:
(a) if subparagraph (1)(b)(i) applies--the day on which the Minister makes a decision under section 75 about whether the proposed action is a controlled action;
(b) if subparagraph (1)(b)(i) applies and the Minister makes a decision under section 75 that the proposed action is a controlled action--the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;
(c) if subparagraph (1)(b)(ii) applies--the day on which the Minister makes a decision under section 75 about whether the related action is a controlled action;
(d) if subparagraph (1)(b)(ii) applies and the Minister makes a decision under section 75 that the related action is a controlled action--the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;
(e) if subparagraph (1)(b)(iii) applies--the day on which a decision is made to issue, or to refuse to issue, the non - Part 13A permit referred to in that subparagraph;
(f) if subparagraph (1)(b)(iv) applies--the day on which a decision is made to issue, or to refuse to issue, the non - Part 13A permit referred to in that subparagraph.
Refusal of permit
(3) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(i) applies; and
(b) the Minister makes a decision under section 75 that the proposed action is a controlled action; and
(c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
(4) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(ii) applies; and
(b) the Minister makes a decision under section 75 that the related action is a controlled action; and
(c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
(5) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(iii) applies; and
(b) a decision is made to refuse to issue the non - Part 13A permit referred to in that subparagraph.
(6) The Minister must not issue the first permit if:
(a) subparagraph (1)(b)(iv) applies; and
(b) a decision is made to refuse to issue the non - Part 13A permit referred to in that subparagraph.
Action for which a non - Part 13A permit is required
(7) For the purposes of this section, an action that a person proposes to take is an action for which a non - Part 13A permit is required if the taking of the action by the person without a non - Part 13A permit would be prohibited by this Act or the regulations if it were assumed that this Part had not been enacted.
(8) For the purposes of this section, a non - Part 13A permit is a permit issued under this Act (other than this Part) or the regulations.
Related action
(9) For the purposes of this section, if a specimen was taken, the action of exporting or importing the specimen is related to:
(a) that taking; and
(b) any action that affected the specimen after that taking and before that export or import.
(10) For the purposes of this section, if a specimen is derived from a specimen that was taken, the action of exporting or importing the first - mentioned specimen is related to:
(a) that taking; and
(b) any action that affected the first - mentioned specimen, or either of those specimens, after that taking and before that export or import.