Section 303EU — Environment Protection and Biodiversity Conservation Act 1999: Secretary may make determinations about marking of specimens

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.