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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 141 - SCHEDULE 1

Amendment

(regulation 3)

[1] After regulation 9AA

insert in Division 1

9AB Exportation of cat and dog fur
(1) In this regulation:

"authorised person" means a person authorised in writing by the Minister for this regulation.

"cat fur" means the pelt or hair of an animal of the species Felis catus .

"cat or dog fur product" means a product or other thing that consists, wholly or partly, of cat fur or dog fur.

"dog fur" means the pelt or hair of an animal of the species Canis familiaris .

(2) The exportation from Australia of cat fur, dog fur or a cat or dog fur product is prohibited unless:

(a)
permission to export the goods has been granted under subregulation (3) and is in force; and

(b)
the permission is produced to the Collector.

(3)
The Minister, or an authorised person, may, on application, grant a permission, in writing, for the exportation of cat fur, dog fur or a cat or dog fur product.

(4) An application:

(a)
must be in writing; and

(b)
must be lodged with the Minister or an authorised person.

(5)
The Minister, or an authorised person, may ask an applicant to give to the Minister or authorised person any information the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.

(6)
In deciding whether to grant a permission, the Minister, or an authorised person, may take into account any matter that the Minister or authorised person considers relevant.

(7)
As soon as practicable after making a decision to grant, or not to grant, a permission, the Minister or authorised person must give written notice of the decision to the applicant.

(8) A permission granted under subregulation (3):

(a)
may specify conditions or requirements to be complied with by the holder of the permission; and

(b)
for any such condition or requirement, may specify the time (being a time either before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.

(9)
The Minister, or an authorised person, may revoke a permission if the Minister or authorised person is satisfied that the holder has failed to comply with a condition or requirement of the permission.

(10)
If the Minister or an authorised person decides to revoke a permission, the Minister or authorised person must, as soon as practicable after making the decision, give written notice of the decision to the holder of the permission.

(11) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:

(a)
not to grant a permission; or

(b)
to grant a permission subject to a condition or requirement; or

(c)
to revoke a permission.

(12) Notice of a decision mentioned in subregulation (7) or (10) must include a statement to the effect that:

(a)
subject to the Administrative Appeals Tribunal Act 1975 , a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and

(b)
a person whose interests are affected by the decision may request a statement under section 28 of that Act.

(13)
A failure to comply with subregulation (12) does not affect the validity of the decision.



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