Document ID: chunk:federal_register_of_legislation:C2007A00099:clause:1_54
Version: federal_register_of_legislation:C2007A00099
Segment Type: clause
Provision Reference: sch 1 cl 54
Character Range: 38224–39667

54  After subsection 146(2)
Insert:

 (2A) For the purposes of deciding under subparagraph (1)(b)(ii) or (2)(b)(ii) whether it is desirable to exercise powers under this section to give directions to a licence holder or another person, the Regulator must have regard to the following:
 (a) the types of dealings with GMOs authorised by the licence or specified in the emergency dealing determination concerned, and, in particular, whether the dealings are ongoing;
 (b) whether measures have been, or are being, taken to address the non‑compliance with this Act or the regulations that the Regulator believes is occurring (the suspected non‑compliance);
 (c) the likelihood of the licence holder or other person not complying with this Act or the regulations at a future time;
 (d) the severity of the suspected non‑compliance;
 (e) whether, on one or more occasions, the licence holder or the other person:
 (i) has been charged with or convicted of an offence against this Act; or
 (ii) has been given a direction under this section;
 (f) other means available to the Regulator to address the suspected non‑compliance (including, but not limited to, by cancelling, varying or suspending a licence, accreditation or certification);
 (g) whether, in the Regulator's opinion, the suspected non‑compliance was deliberate;
 (h) the desirability of deterring future non‑compliance with this Act or the regulations.

Part 6—Inadvertent dealings