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GENE TECHNOLOGY ACT 2000 - SECT 51
Matters Regulator must take into account in preparing risk
assessment and risk management plan - (1)
- In preparing the risk assessment in
relation to the dealings proposed to be authorised by the licence, the
Regulator must take into account the following:
- (a)
- the risks posed by those dealings, including any risks to the health and
safety of people or risks to the environment, having regard to the matters
mentioned in paragraphs 49(2)(a) to (f);
- (b)
- any submission made under paragraph 49(3)(c) in relation to such risks;
- (c)
- any advice in relation to the risk assessment provided by a State or a
local council in response to a request under subsection 50(3);
- (d)
- any advice in relation to the risk assessment provided by the Gene
Technology Technical Advisory Committee in response to a request under
subsection 50(3);
- (e)
- any advice in relation to the risk assessment provided by a Commonwealth
authority or agency in response to a request under subsection 50(3);
- (f)
- any advice in relation to the risk assessment provided by the Environment
Minister in response to a request under subsection 50(3);
- (g)
- any other matter prescribed by the regulations for the purposes of this
paragraph.
- (2)
- In preparing the risk management plan, the Regulator must take into
account the following:
- (a)
- the means of managing any risks posed by those dealings in such a way as
to protect:
- (i)
- the health and safety of people; and
- (ii)
- the environment;
- (b)
- any submission made under paragraph 49(3)(c) in relation to the means of
managing such risks;
- (c)
- any advice in relation to the risk management plan provided by a State or
a local council in response to a request under subsection 50(3);
- (d)
- any advice in relation to the risk management plan provided by the Gene
Technology Technical Advisory Committee in response to a request under
subsection 50(3);
- (e)
- any advice in relation to the risk management plan provided by a
Commonwealth authority or agency in response to a request under subsection
50(3);
- (f)
- any advice in relation to the risk management plan provided by the
Environment Minister in response to a request under subsection 50(3);
- (g)
- any other matter prescribed by the regulations for the purposes of this
paragraph.
- (3)
- For the avoidance of doubt, in taking into account the means of managing
risks as mentioned in paragraph (2)(a), the Regulator:
- (a)
- is not limited to considering submissions or advice mentioned in
paragraphs (2)(b), (c), (d), (e) and (f); and
- (b)
- subject to section 45, may take into account other information,
including, but not limited to, relevant independent research.
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