Victorian Current Acts

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GENE TECHNOLOGY ACT 2001 - SECT 52

Public notification of risk assessment and risk management plan

S. 52(1)
amended by No. 43/2007 s. 35(1).

    (1)     After taking the steps referred to in sections 50 and 51, the Regulator must publish a notice—

        (a)     in the Government Gazette; and

S. 52(1)(b)
substituted by No. 43/2016 s. 8(a).

        (b)     in one or more newspapers that the Regulator considers appropriate, having regard to the geographic area in which the dealings proposed to be authorised by the licence may occur; and

S. 52(1)(c)
amended by No. 43/2016 s. 8(b).

        (c)     on the Regulator's website.

    (2)     The notice must—

        (a)     state that a risk assessment and a risk management plan have been prepared in respect of dealings proposed to be authorised by the licence; and

        (b)     state that a person may request further information about the risk assessment and the risk management plan under section 54; and

S. 52(2)(ba)
inserted by No. 43/2007 s. 35(2).

        (ba)     if the Regulator is satisfied that one or more dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—state that the Regulator is so satisfied; and

        (c)     invite written submissions in relation to the risk assessment and the risk management plan; and

S. 52(2)(d)
amended by No. 43/2007 s. 35(3).

        (d)     specify the closing date for submissions, which must not be earlier than—

S. 52(2)(d)(i)
inserted by No. 43/2007 s. 35(3).

              (i)     if the notice states that the Regulator is satisfied that the dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—50 days after the date on which the notice was published; or

S. 52(2)(d)(ii)
inserted by No. 43/2007 s. 35(3).

              (ii)     in any other case—30 days after the date on which the notice was published.

    (3)     The Regulator must also seek advice on the risk assessment and the risk management plan from—

        (a)     the States; and

        (b)     the Gene Technology Technical Advisory Committee; and

        (c)     each Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph; and

        (d)     the Commonwealth Environment Minister; and

        (e)     any local council that the Regulator considers appropriate.



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