(1) The Regulator must not make a determination under subsection 78(1) in respect of a dealing with a GMO unless the Regulator is satisfied:
(a) that any risks posed by the dealing are minimal; and
(b) that it is not necessary for persons undertaking the dealing to hold, or be covered by a GMO licence, in order to protect the health and safety of people or to protect the environment.
(2) For the purposes of subsection ( 1), the Regulator must have regard to the following:
(a) any data available to the Regulator about adverse effects posed by the dealing;
(b) any other information as to risks associated with the dealing of which the Regulator is aware, including information provided to the Regulator by a licence holder under section 65 or by another person under section 66;
(c) whether there is a need for the dealing to be subject to conditions;
(d) any other information in relation to whether the dealing should be authorised by a GMO licence.
(3) The Regulator may have regard to such other matters as the Regulator considers relevant.