Commonwealth Consolidated Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - REG 9A.01

Exchange of specimens

         (1)   For subsections 303CC (3), 303CD (5) and 303DD (4) of the Act, the Minister may determine that an export or import of a specimen is part of a registered, non‑commercial exchange of scientific specimens between scientific organisations only if:

                (a)    the specimen is lent, given or exchanged without monetary compensation; and

               (b)    the specimen is not a live animal; and

                (c)    the specimen was legally obtained; and

               (d)    for a CITES specimen:

                          (i)    each scien tific organisation is registered with a relevant CITES authority; and

                         (ii)    if one of the scientific organisations is in a country that is not a party to CITES -- the CITES Secretariat certifies that the organisation meets the standards for registration with a relevant CITES authority; and

                (e)    the specimen is identified by a label, attached to the package containing the specimen, that sets out the following information:

                          (i)    the name and address of each scientific organisation;

                         (ii)    the registration codes, given by a relevant CITES authority or the Department, for each scientific organisation;

                         (iii)    the scientific name, common name and a description of the specimen;

                        (iv)    for a CITES specimen -- the Appendix to CITES in which the species to which the specimen belongs is mentioned; and

                (f)    each organisation, other than an organisation mentioned in paragraph (d):

                          (i)    meets the standards mentioned in subregulation (2) or is listed in the Index Herbariorum; and

                         (ii)    has given to the Minister a statement certifying that it complies with subparagraph (i); and

                (g)    the scientific organisation that exports the specimen is based in the country from which the specimen is exported.

Note    The Index Herbariorum is a joint project of the International Association for Plant Taxonomy and The New York Botanical Garden. It c an be searched on the Internet at http://websun.nybg.org/bsci/ih/.

         (2)   For subparagraph (1) (f) (i), the standards are the following:

                (a)    its collections of animal or plant specimens, and records of them, are permanently housed and professionally curated;

               (b)    its specimens are accessible to all qualified users, including those from other institutions;

                (c)    its accessions are properly recorded in a permanent catalogue;

               (d)    it keeps permanent records for loans and transfers of specimens to other institutions;

                (e)    it acquires specimens primarily for research that is to be reported in scientific publications;

                (f)    its specimens are prepared, and collections are arranged, in a way that ensures their utility;

                (g)    it keeps accurate data on specimen labels, permanent catalogues and other records;

                (h)    it acquires and keeps specimens in accordance with the laws of the jurisdiction in which it operates;

                 (i)    its specimens of species mentioned in Appendix I to CITES are permanently and centrally housed under its direct control and managed in a way that prevents the use of the specimens for decoration, trophies or other purposes incompatible with the principles of CITES.



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