Victorian Current Acts

GENE TECHNOLOGY ACT 2001 - SECT 51

    (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—

S. 51(1)(a)
amended by No. 43/2007 s. 34(1).

        (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 prescribed by the regulations;

S. 51(1)(b)
repealed by No. 43/2007 s. 34(2).

    *     *     *     *     *

        (c)     any advice in relation to the risk assessment provided by a State or a local council in response to a request under section 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 section 50(3) ;

        (e)     any advice in relation to the risk assessment provided by a Commonwealth authority or agency in response to a request under section 50(3);

        (f)     any advice in relation to the risk assessment provided by the Commonwealth Environment Minister in response to a request under section 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;

S. 51(2)(b)
repealed by No. 43/2007 s. 34(3).

    *     *     *     *     *

        (c)     any advice in relation to the risk management plan provided by a State or a local council in response to a request under section 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 section 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 section 50(3) ;

        (f)     any advice in relation to the risk management plan provided by the Commonwealth Environment Minister in response to a request under section 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 subsection (2)(a), the Regulator—

        (a)     is not limited to considering submissions or advice mentioned in subsection (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.