GENE TECHNOLOGY ACT 2000 - SECT 79 Regulator not to make determination unless risks can be

Commonwealth Numbered Acts

Regulator not to make determination unless risks can be managed

(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.

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