Commonwealth Consolidated Regulations

GENE TECHNOLOGY REGULATIONS 2001 - REG 41

Former exempt dealings

  (1)   If:

  (a)   a person was undertaking a dealing before the amending day; and

  (b)   the dealing was an exempt dealing under the old Regulations; and

  (c)   the dealing is not (apart from this provision) an exempt dealing under the new Regulations;

then, despite the amendments, the dealing is an exempt dealing when undertaken by the person.

  (2)   Subregulation (1) applies until:

  (a)   the dealing is assessed, under the new Regulations, as a notifiable low risk dealing by an Institutional Biosafety Committee; or

  (b)   the person is issued a GMO licence for the dealing; or

  (c)   1 year after the amending day if neither of the events in paragraphs   (a) and (b) occurs before then.

Former notifiable low risk dealings

  (3)   If:

  (a)   a person was undertaking a dealing before the amending day; and

  (b)   the dealing was a notifiable low risk dealing under the old Regulations; and

  (c)   the dealing:

  (i)   is not (apart from this provision) a notifiable low risk dealing under the new Regulations; and

  (ii)   is not an exempt dealing;

then, despite the amendments, the dealing is a notifiable low risk dealing when undertaken by the person.

  (4)   Subregulation (3) applies until:

  (a)   the person is issued a GMO licence for the dealing; or

  (b)   1 year after the amending day if the person is not issued a GMO licence before then.

Changed requirements for notifiable low risk dealings

  (5)   If a person was undertaking a notifiable low risk dealing before the amending day, the dealing is, for the purposes of section   37 of the Act, undertaken in accordance with the regulations if:

  (a)   it is undertaken in accordance with the old Regulations; or

  (b)   it is undertaken in accordance with the new Regulations.

  (6)   Subregulation (5) ceases to be in force 1 year after the amending day.

Definitions

  (7)   In this regulation:

"amending day" means the day that Schedule   1 to the amending Regulations commences.

"amending Regulations" means the Gene Technology Amendment (2019 Measures No.   1) Regulations   2019 .

"new Regulations" means these Regulations as amended by the amending Regulations.

"old Regulations" means these Regulations as in force immediately before the amending day.