Australian Capital Territory Consolidated Acts

GENE TECHNOLOGY ACT 2003 - SECT 79

    (1)     The regulator must not make a determination under section 78 (1) about a dealing with a GMO unless the regulator is satisfied that—

        (a)     any risks posed by the dealing are minimal; and

        (b)     it is not necessary for people undertaking the dealing to hold, or be covered by, a GMO licence to protect the health and safety of people or to protect the environment.

    (2)     For subsection (1), the regulator must have regard to the following:

        (a)     any data available to the regulator about adverse effects posed by the dealing;

        (b)     any other information about risks associated with the dealing of which the regulator is aware, including information given to the regulator by a licence holder under section 65 or by someone else under section 66;

        (c)     whether there is a need for the dealing to be subject to conditions;

        (d)     any other information about whether the dealing should be authorised by a GMO licence.

    (3)     The regulator may have regard to any other matters the regulator considers relevant.