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GENE TECHNOLOGY ACT 2000 - SECT 190

Transitional provision--dealings covered by Genetic Manipulation Advisory Committee advice to proceed

  (1)   The prohibitions in this Act apply to a dealing with a GMO by a person at a particular time during the transition period (the dealing time ) with the modifications set out in subsection   (2), if:

  (a)   immediately before the commencement of Part   4 of this Act, an advice to proceed was in force in relation to the dealing with the GMO by the person; and

  (b)   the advice to proceed is in force at the dealing time; and

  (c)   the dealing is in accordance with the advice to proceed.

  (2)   Unless the dealing is a notifiable low risk dealing, an exempt dealing or a dealing on the GMO Register:

  (a)   the advice to proceed is taken for the purposes of this Act to be a GMO licence; and

  (b)   the holder of the advice to proceed is taken to be the licence holder; and

  (c)   the licence is taken to be subject to any conditions to which the advice to proceed is subject; and

  (d)   the licence is taken to remain in force for the period ending at the earliest of the following times:

  (i)   the time when the advice to proceed expires;

  (ii)   the end of the transition period;

  (iii)   when the licence is cancelled under section   68 or surrendered under section   69.

  (3)   In this section:

"advice to proceed" means an advice to proceed issued by the Genetic Manipulation Advisory Committee, in accordance with Guidelines issued by that Committee.

"transition period" means the period of 2 years beginning at the commencement of Part   4 of this Act.



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