Commonwealth Consolidated Acts

GENE TECHNOLOGY ACT 2000 - SECT 72B

  (1)   The Minister may, by legislative instrument (an emergency dealing determination ), specify dealings with a GMO for the purposes of this Part.

  (2)   The Minister may make an emergency dealing determination only if:

  (a)   the Minister has received advice from:

  (i)   the Commonwealth Chief Medical Officer; or

  (ii)   the Commonwealth Chief Veterinary Officer; or

  (iii)   the Commonwealth Chief Plant Protection Officer; or

  (iv)   a person prescribed by the regulations;

    that there is an actual or imminent threat to the health and safety of people or to the environment, and that the dealings proposed to be specified in the emergency dealing determination would, or would be likely to, adequately address the threat; and

  (b)   the Minister is satisfied that there is an actual or imminent threat to the health and safety of people or to the environment, and that the dealings proposed to be specified in the emergency dealing determination would, or would be likely to, adequately address the threat; and

  (c)   the Minister has received advice from the Regulator that any risks posed by the dealings proposed to be specified in the emergency dealing determination are able to be managed in such a way as:

  (i)   to protect the health and safety of people; and

  (ii)   to protect the environment; and

  (d)   the Minister is satisfied that any risks posed by the dealings proposed to be specified in the emergency dealing determination are able to be managed in such a way as:

  (i)   to protect the health and safety of people; and

  (ii)   to protect the environment; and

  (e)   the States have been consulted in relation to the making of the proposed emergency dealing determination.

  (3)   An actual or imminent threat of a kind mentioned in paragraph   (2)(a) or (b) may include, but is not limited to, any of the following:

  (a)   a threat from the outbreak of a plant, animal or human disease;

  (b)   a threat from a particular plant or animal, such as a pest or an alien invasive species;

  (c)   a threat from an industrial spillage.

  (4)   The dealings in respect of which the Minister may make an emergency dealing determination may be:

  (a)   all dealings with a GMO or with a specified class of GMOs; or

  (b)   a specified class of dealings with a GMO or with a specified class of GMOs; or

  (c)   one or more specified dealings with a GMO or with a specified class of GMOs.