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GENE TECHNOLOGY ACT 2000 - SECT 79

Regulator not to make determination unless risks can be managed

  (1)   The Regulator must not make a determination under subsection   78(1) in respect of a dealing with a GMO unless the Regulator is satisfied:

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

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

  (2)   For the purposes of 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 as to risks associated with the dealing of which the Regulator is aware, including information provided to the Regulator by a licence holder under section   65 or by another person under section   66;

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

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

  (3)   The Regulator may have regard to such other matters as the Regulator considers relevant.


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