Environment Protection and Biodiversity Conservation Act 1999

The Secretary may, by legislative instrument, make a determination about the marking of specified kinds of specimens for the purposes of identification.

Without limiting subsection (1), a determination by the Secretary under that subsection may:

require specimens to be marked; and

deal with the manner in which specimens are to be marked; and

deal with the times at which marking is to occur; and

deal with the removal or destruction of marks; and

deal with the replacement or modification of marks; and

require that marking be carried out by persons approved in writing by the Secretary under that determination; and

deal with the circumstances in which marks may be, or are required to be, rendered useless; and

in the case of a mark that consists of a label, tag, band or device:

set out specifications relating to the label, tag, band or device; and

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.

In the case of a live animal, a determination under subsection (1) must not require marking that involves:

undue pain or distress to the animal; or

undue risk of the death of the animal.

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.