South Australian Numbered Acts South Australian Numbered Acts50—Amendment of section 146—Regulator may give directions
(1) Section
146(1)(b)—delete paragraph (b) and substitute:
(b)
either of the following applies:
(i)
it is necessary to exercise powers under this section in
order to protect the health and safety of people or to protect the
environment;
(ii)
it is desirable in the public interest, having regard to
the matters specified in subsection (2A), for the Regulator to exercise
powers under this section,
(2) Section 146(2)(a)
and (b)—delete paragraphs (a) and (b) and substitute:
(a) 1 of
the following kinds of persons is not complying with this Act or the
regulations in respect of a thing:
(i)
a person covered by a GMO licence;
(ii)
a person dealing with, or who has dealt with, a GMO
specified in an emergency dealing determination; and
(b)
either of the following applies:
(i)
it is necessary to exercise powers under this section in
order to protect the health and safety of people or to protect the
environment;
(ii)
it is desirable in the public interest, having regard to
the matters specified in subsection (2A), for the Regulator to exercise
powers under this section,
(3) Section
146—after subsection (2) insert:
(2A) For the purposes
of deciding under subsection (1)(b)(ii) or (2)(b)(ii) whether it is desirable
to exercise powers under this section to give directions to a licence holder
or another person, the Regulator must have regard to the following:
(a) the
types of dealings with GMOs authorised by the licence or specified in the
emergency dealing determination concerned and, in particular, whether the
dealings are ongoing;
(b)
whether measures have been, or are being, taken to address the non-compliance
with this Act or the regulations that the Regulator believes is
occurring (the "suspected non-compliance");
(c) the
likelihood of the licence holder or other person not complying with this Act
or the regulations at a future time;
(d) the
severity of the suspected non-compliance;
(e)
whether, on 1 or more occasions, the licence holder or the other person—
(i)
has been charged with or convicted of an offence against
this Act; or
(ii)
has been given a direction under this section;
(f)
other means available to the Regulator to address the suspected non-compliance
(including, but not limited to, by cancelling, varying or suspending a
licence, accreditation or certification);
(g)
whether, in the Regulator's opinion, the suspected non-compliance was
deliberate;
(h) the
desirability of deterring future non-compliance with this Act or the
regulations.