Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Minister may declare that this Part does not apply to specified biological resources or a specified collection of biological resources (including future additions to the collection) if:
(a) the resources are held as specimens away from their natural environment (whether in a collection or otherwise) by a Commonwealth Department or Commonwealth agency and there are reasonable grounds to believe that access to the biological resources is administered by the Department or agency in a manner that is consistent with the purpose of this Part; or
(b) there are reasonable grounds to believe that:
(i) access to the resources is controlled by another Commonwealth, self‑governing Territory or State law; and
(ii) if the declaration is made -- access to the resources would be in a manner that is consistent with the purpose of this Part; or
(c) use of the resources is required to be controlled under any international agreement to which Australia is a party.
Example The International Treaty on Plant Genetic Resources for Food and Agriculture, to which Australia is a signatory, obliges signatories to control access to the genetic resources of some foods in some circumstances.
(2) A holder of biological resources to which paragraph (1) (a) applies may request the Minister, in writing, to make a declaration under subregulation (1).
(3) A declaration under paragraph (1) (b) or (c) may provide that this Part does not apply to the biological resources in specified circumstances.
(4) A declaration under subregulation (1) must be published in the Gazette .