Commonwealth Numbered Regulations

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GENE TECHNOLOGY AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 73 OF 2011) - REG 4

Transitional

         (1)   The first purpose of this regulation is to provide the opportunity to apply for a licence to a person who was undertaking 1 of the following kinds of dealings before 1 September 2011 that now requires a licence:

                 (a)     an exempt dealing;

                (b)     a notifiable low risk dealing.

         (2)   Subject to subregulation (3), despite the amendments made to Schedules 2 and 3 by these Regulations:

                 (a)     a dealing that was an exempt dealing immediately before 1 September 2011 continues to be an exempt dealing under the Act if the dealing is undertaken by the same person; and

                (b)     a dealing that was a notifiable low risk dealing immediately before 1 September 2011 continues to be a notifiable low risk dealing under Division 2 of Part 6 of the Act if the dealing is undertaken by the same person.

         (3)   Subregulation (2) ceases to apply on the earlier of:

                 (a)     the day on which a licence is issued to the person for the dealing; and

                (b)     1 September 2012.

         (4)   The second purpose of this regulation is to provide the opportunity to a person who was undertaking a dealing before 1 September 2011, that was then an exempt dealing but that is now likely to be a notifiable low risk dealing, to have a proposal assessed by an Institutional Biosafety Committee as to whether the dealing is a notifiable low risk dealing.

         (5)   Subject to subregulation (6), despite the amendments made to Schedules 2 and 3 by these Regulations, a dealing mentioned in subregulation (4) that was an exempt dealing immediately before 1 September 2011 continues to be an exempt dealing under the Act if the dealing is undertaken by the same person.

         (6)   Subregulation (5) ceases to apply on the earlier of:

                 (a)     the day on which an Institutional Biosafety Committee assesses the dealing; and

                (b)     1 September 2012.

         (7)   In this regulation:

"Act" means the Gene Technology Act 2000 .

"exempt dealing" has the meaning given by subsection 32 (3) of the Act.

"licence" means a licence under Part 5 of the Act.

"notifiable low risk dealing" means a dealing under Division 2 of Part 3 of the Gene Technology Regulations 2001 .




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