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COMMONWEALTHAct
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s 44

Reporting requirements

In force
Part 2Marine genetic resources and digital sequence information
Division 4Requirements relating to regulated databases and regulated repositories
Subdivision AReporting and record keeping

44 Reporting requirements

(1)

An owner of a regulated database or regulated repository must give a report to the Minister in relation to a reporting period if, at any time during the reporting period, the database or repository holds:

(a)

a marine genetic resource collected in an area beyond national jurisdiction; or

(b)

digital sequence information of a marine genetic resource collected in an area beyond national jurisdiction.

Note 1:

If there are multiple owners of a database or repository, see subsection (5).

Note 2:

For the meaning of reporting period, see subsection (6).

(2)

The report must be given within 6 months after the end of the reporting period.

Contents of report

(3)

The report must:

(a)

specify the BBNJ identifier (if known) for each collection activity during which a marine genetic resource mentioned in paragraph (1)(a) or (b) (as the case requires) was collected; and

(b)

specify the number of times during the period that the marine genetic resource or digital sequence information was accessed (other than access for the purposes of maintaining or operating the database or repository); and

(c)

include any other information prescribed by the rules; and

(d)

if the owner is unable to include any of the information mentioned in paragraphs (a) to (c) in the report—set out the reasons why the owner is unable to do so; and

(e)

meet any other requirements prescribed by the rules.

Note:

For the purposes of paragraph (a), a collection activity may include a collection activity under the laws of a foreign country.

(4)

Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, rules made for the purposes of paragraph (3)(c) or (e) of this section may make different provision in relation to different kinds of regulated databases, regulated repositories, information, circumstances or any other matter.

Multiple owners of a database or repository

(5)

Despite subsection (1), an owner of a regulated database or regulated repository is not required to give a report to the Minister in relation to a reporting period if:

(a)

there is more than one owner of the database or repository; and

(b)

another owner of the database or repository has given a report to the Minister in relation to the reporting period.

Meaning of reporting period

(6)

In this section:

reporting period means the following:

(a)

the period:

(i)

beginning on the commencement of this section; and

(ii)

ending on the second 30 June that occurs after that commencement;

(b)

the period of 24 months beginning on the day after the end of the period mentioned in paragraph (a);

(c)

each subsequent 24‑month period.

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