South Australian Consolidated Regulations

GENE TECHNOLOGY REGULATIONS 2002 - REG 6

6—Dealings exempt from licensing

        (1)         For the purposes of section 32(3) of the Act, a dealing, in relation to a GMO, is an exempt dealing if—

            (a)         it is a dealing of a kind referred to in Part 1 of Schedule 2; and

            (b)         it does not involve a genetic modification other than a modification described in Part 1 of Schedule 2; and

            (c)         it is conducted in accordance with applicable technical and procedural guidelines, as in force from time to time under section 27(d) of the Act, relating to—

                  (i)         containment of the GMO; and

                  (ii)         if the dealing involves transporting the GMO—transport; and

            (d)         it does not involve an intentional release of the GMO into the environment; and

            (e)         it does not involve a retroviral vector that is able to transduce human cells.

        (2)         For the avoidance of doubt, exemption under subregulation (1) does not apply to a dealing that does not comply with subregulation (1), whether or not that dealing is related to a dealing that does so comply.

Notes—

1         A dealing affected by this regulation could be any of the forms of dealing mentioned in the definition of "deal with in section 10(1) of the Act.

2         Exemption from provisions of the Act does not preclude the application of other Commonwealth and State laws.

3         "Intentional release of the GMO into the environment is defined in section 11 of the Act.