- (1)
- A person must not undertake a notifiable low risk dealing unless:
- (a)
- the proposed dealing has been assessed, by an Institutional Biosafety
Committee, to be a dealing of a kind mentioned in Part 1 of Schedule 3; and
- (b)
- within 14 days after completion of the assessment the
Committee has notified the Regulator, by giving the Regulator, in relation to
the proposed notifiable low risk dealing, the information specified in Part 3
of Schedule 3; and
- (c)
- the person, and the project supervisor for the proposed dealing, have
received written notice from the Committee that paragraph (b) has been
complied with.
(2) A notifiable low risk dealing, when undertaken, must comply with the
following requirements:
(a) the dealing must be conducted in a facility that:
- (i)
- is certified
by the Regulator to:
(A) at least physical containment level 2; or
(B) any other containment level that the Regulator considers
suitable for conducting the dealing; and
- (ii)
- is of
appropriate design for the kind of dealing being
undertaken;
- (b)
- the conduct of the dealing must be properly supervised, and a record of
details of the dealing kept;
- (c)
- if the dealing involves human pathogens, it must be conducted only in
accordance with the recommendations for vaccination given in Australian
Standard AS/NZS 2243.3:1995 (Safety in laboratories: microbiology);
- (d)
- to the extent that the dealing involves transporting a GMO, the
transporting must be conducted in accordance with any relevant guidelines, as
in force from time to time, issued by the Regulator.
(3) For paragraph (1) (a), a proposed dealing is taken to be assessed if
the assessment applies to:
- (a)
- in relation to the dealing the
particular GMO concerned, or a class of GMOs that includes that GMO; or
- (b)
- in relation to the particular GMO, or class of GMOs a class of
dealings that includes that dealing.
- (4)
- From the commencement of these Regulations, until 2 years after the
commencement, a person who complies with subregulation (2) may undertake a
notifiable low risk dealing although any, or all, of the provisions of
subregulation (1) have not been complied with if there is in force a notice
issued by, or on behalf of, the Genetic Manipulation Advisory Committee
declaring that the dealing is a notifiable low risk dealing.