South Australian Consolidated Acts

GENE TECHNOLOGY ACT 2001 - SECT 49

49—Dealings that may pose significant risks to the health and safety of people or the environment

        (1)         If the Regulator is satisfied that at least one of the dealings proposed to be authorised by the licence may pose significant risks to the health and safety of people or the environment, the Regulator must publish a notice in respect of the application—

            (a)         in the Gazette; and

            (b)         in a newspaper circulating generally in South Australia; and

            (c)         on the Regulator's website (if any).

        (2)         For the purpose of satisfying himself or herself as to whether the dealings proposed to be authorised by the licence may pose significant risks to the health and safety of people or to the environment, the Regulator must have regard to the following:

            (a)         the properties of the organism to which the dealings relate before it became, or will become, a GMO;

            (b)         the effect, or the expected effect, of genetic modification that has occurred, or will occur, on the properties of the organism;

            (c)         provisions for limiting the dissemination or persistence of the GMO or its genetic material in the environment;

            (d)         the potential for spread or persistence of the GMO or its genetic material in the environment;

            (e)         the extent or scale of the proposed dealings;

            (f)         any likely impacts of the proposed dealings on the health and safety of people;

            (g)         any other matter prescribed by the regulations for the purposes of this paragraph.

        (3)         The notice mentioned in subsection (1) must—

            (a)         state that the application has been made; and

            (b)         state that a person may request further information about the application under section 54; and

            (c)         invite written submissions on whether the licence should be issued, being submissions about matters that the Regulator is required to take into account—

                  (i)         under section 51(1)(a) in preparing a risk assessment in relation to the dealings proposed to be authorised by the licence; and

                  (ii)         under section 51(2)(a) in preparing a risk management plan in relation to those dealings; and

            (d)         specify the closing date for submissions, which must not be earlier than 30 days after the date on which the notice was published.