Australian Capital Territory Consolidated Acts

GENE TECHNOLOGY ACT 2003 - SECT 74

    (1)     A regulation may declare a dealing with a GMO to be a notifiable low risk dealing for this Act.

    (2)     Before the Executive makes a regulation declaring a dealing with a GMO to be a notifiable low risk dealing, the regulator must be satisfied that the dealing would not involve the intentional release of a GMO into the environment.

    (3)     Also, before the Executive makes a regulation declaring a dealing with a GMO to be a notifiable low risk dealing, the regulator must consider the following matters:

        (a)     whether the GMO is biologically contained so that it is not able to survive or reproduce without human intervention;

        (b)     whether the dealing with the GMO would involve minimal risk to the health and safety of people and to the environment, taking into account the properties of the GMO as a pathogen or pest and the toxicity of any proteins produced by the GMO;

        (c)     whether no conditions, or minimal conditions, would be necessary to be prescribed to manage any risk mentioned in paragraph (b).

Note 1     For provisions corresponding to the Commonwealth Act, s 74 (4), see the Legislation Act, s 48.

Note 2     This section differs from the Commonwealth Act, s 74.