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GENE TECHNOLOGY ACT 2000 - SECT 51

Matters Regulator must take into account in preparing risk assessment and risk management plan

  (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:

  (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 ;

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

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

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

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

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

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


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