Australian Capital Territory Consolidated Acts

GENE TECHNOLOGY ACT 2003 - SECT 71

    (1)     The regulator may vary a licence, by written notice given to the licence holder—

        (a)     at any time, on the regulator's own initiative; or

        (b)     on application by the licence holder.

    (1A)     An application for a variation must be in writing, and must contain—

        (a)     any information prescribed by regulation; and

        (b)     any information specified in writing by the regulator.

    (2)     The regulator must not vary a licence to authorise dealings involving the intentional release of a GMO into the environment if the application for the licence was originally considered under division 5.3.

Note     Applications may only be considered under div 5.3 if none of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.

    (2A)     The regulator must not vary a licence if the original application for the licence was an application to which section 50A applied, unless—

        (a)     the regulator is satisfied that the principal purpose of the licence as proposed to be varied is to enable the licence holder, and people covered by the licence, to conduct experiments; and

        (b)     the application for variation proposes, in relation to any GMO for which dealings are proposed to be authorised as a result of the variation—

              (i)     controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and

              (ii)     limits on the proposed release of the GMO; and

        (c)     the regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the regulator not to seek the advice mentioned in section 50 (3).

Note     Section 50A applies to an application that proposes controls and limits on the dissemination, persistence and release of the GMO concerned and is for the purpose of conducting experiments.

    (2B)     The regulator must not vary a licence if the regulator is satisfied that the risk assessment and the risk management plan in relation to the original application for the licence did not cover the risks posed by the dealings proposed to be authorised by the licence as varied.

    (3)     Without limiting subsection (1), the regulator may—

        (a)     impose licence conditions or additional licence conditions; or

        (b)     remove or vary licence conditions that were imposed by the regulator; or

        (c)     extend or reduce the authority granted by the licence.

    (4)     The regulator must not vary a licence unless the regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence as varied are able to be managed in a way that protects—

        (a)     the health and safety of people; and

        (b)     the environment.

    (5)     The regulator must not vary a licence unless any local council that the regulator considers appropriate has been consulted about the proposed variation.

    (6)     The regulator must not vary a licence in the circumstances (if any) prescribed by regulation.

    (7)     If an application has been made for variation of a licence, the regulator must vary the licence or refuse to vary the licence, within the period (if any) prescribed by regulation.

    (8)     In this section:

"controls"—see section 50A (3).

"limits"—see section 50A (3).