Transitional provision — dealings covered by Genetic Manipulation Advisory Committee advice to proceed
190 Transitional provision — dealings covered by Genetic Manipulation Advisory Committee advice to proceed
The prohibitions in this Act apply to a dealing with a GMO by a person at a particular time during the transition period (the dealing time) with the modifications set out in subsection (2) if —
immediately before the commencement of Part 4 of this Act, an advice to proceed was in force in relation to the dealing with the GMO by the person;
the advice to proceed is in force at the dealing time; and
the dealing is in accordance with the advice to proceed.
Unless the dealing is a notifiable low risk dealing, an exempt dealing or a dealing on the GMO Register —
the advice to proceed is taken for the purposes of this Act to be a GMO licence;
the holder of the advice to proceed is taken to be the licence holder;
the licence is taken to be subject to any conditions to which the advice to proceed is subject; and
the licence is taken to remain in force for the period ending at the earliest of the following times —
the time when the advice to proceed expires;
the end of the transition period;
when the licence is cancelled under section 68 or surrendered under section 69.
In this section —
advice to proceed means an advice to proceed issued by the Genetic Manipulation Advisory Committee, in accordance with Guidelines issued by that Committee;
transition period means the period, not exceeding 2 years, prescribed for the purposes of this section.
Note for this section:
Section 190(3) of the Commonwealth Act defines the “transition period” as being 2 years from the commencement of Part 4 of that Act.
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