South Australian Consolidated Acts

GENE TECHNOLOGY ACT 2001 - SECT 72

72—Regulator to notify of proposed suspension, cancellation or variation

        (1)         Before suspending, cancelling or varying a licence under this Division, the Regulator must give written notice of the proposed suspension, cancellation or variation to the licence holder.

        (2)         The notice—

            (a)         must state that the Regulator proposes to suspend, cancel or vary the licence; and

            (b)         may require the licence holder to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and

            (c)         may invite the licence holder to make a written submission to the Regulator about the proposed suspension, cancellation or variation.

        (3)         The notice must specify a period within which the licence holder—

            (a)         must give the information referred to in subsection (2)(b); and

            (b)         may make a submission under subsection (2)(c).

The period must not end earlier than 30 days after the day on which the notice was given.

        (4)         In considering whether to suspend, cancel or vary a licence, the Regulator must have regard to any submission made under subsection (2)(c).

        (5)         This section does not apply to a suspension, cancellation or variation requested by the licence holder.

        (6)         This section does not apply to a suspension, cancellation or variation of a licence if the Regulator considers that the suspension, cancellation or variation is necessary in order to avoid an imminent risk of death, serious illness, serious injury or serious damage to the environment.

        (7)         This section does not apply to a variation of a licence if the Regulator is satisfied that the variation is of minor significance or complexity.