Commonwealth Numbered Acts

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GENE TECHNOLOGY ACT 2000 - SECT 146

Regulator may give directions
(1)
If the Regulator believes, on reasonable grounds, that:

(a)
a licence holder is not complying with this Act or the regulations in respect of a thing; and

(b)
it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment;

the Regulator may give directions to the licence holder, by written notice, requiring the licence holder, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the licence holder to comply with this Act or the regulations.

(2)
If the Regulator believes on reasonable grounds that:

(a)
a person covered by a GMO licence is not complying with this Act or the regulations in respect of a thing; and

(b)
it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment;

the Regulator may give directions to the person, by written notice, requiring the person, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the person to comply with this Act or the regulations.

(3)
A person commits an offence if he or she does not take the steps specified in a notice under subsection (1) or (2) within the time specified in the notice.

Maximum penalty:

(a)
in the case of an aggravated offence2,0 00 penalty units;

(b)
in any other case—500 penalty units.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Aggravated offence is defined in section 38.

(4)
If the licence holder or the person, as the case requires, does not take the steps specified in the notice within the time specified in the notice, the Regulator may arrange for those steps to be taken.

(5)
If the Regulator incurs costs because of arrangements made by the Regulator under subsection (4), the licence holder or the person, as the case requires, is liable to pay to the Commonwealth an amount equal to the cost, and the amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.

(6)
Section 4K of the Crimes Act 1914 does not apply to an offence against subsection (3).

(7)
A time specified in a notice under subsection (1) or (2) must be reasonable having regard to the circumstances.



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