Document ID: chunk:federal_register_of_legislation:F2025C00199:reg:41
Version: federal_register_of_legislation:F2025C00199
Segment Type: reg
Provision Reference: reg 41
Character Range: 42992–45215

41  Changed requirements for dealings

Former exempt dealings
 (1) If:
 (a) a person was undertaking a dealing before the amending day; and
 (b) the dealing was an exempt dealing under the old Regulations; and
 (c) the dealing is not (apart from this provision) an exempt dealing under the new Regulations;
then, despite the amendments, the dealing is an exempt dealing when undertaken by the person.
 (2) Subregulation (1) applies until:
 (a) the dealing is assessed, under the new Regulations, as a notifiable low risk dealing by an Institutional Biosafety Committee; or
 (b) the person is issued a GMO licence for the dealing; or
 (c) 1 year after the amending day if neither of the events in paragraphs (a) and (b) occurs before then.

Former notifiable low risk dealings
 (3) If:
 (a) a person was undertaking a dealing before the amending day; and
 (b) the dealing was a notifiable low risk dealing under the old Regulations; and
 (c) the dealing:
 (i) is not (apart from this provision) a notifiable low risk dealing under the new Regulations; and
 (ii) is not an exempt dealing;
then, despite the amendments, the dealing is a notifiable low risk dealing when undertaken by the person.
 (4) Subregulation (3) applies until:
 (a) the person is issued a GMO licence for the dealing; or
 (b) 1 year after the amending day if the person is not issued a GMO licence before then.

Changed requirements for notifiable low risk dealings
 (5) If a person was undertaking a notifiable low risk dealing before the amending day, the dealing is, for the purposes of section 37 of the Act, undertaken in accordance with the regulations if:
 (a) it is undertaken in accordance with the old Regulations; or
 (b) it is undertaken in accordance with the new Regulations.
 (6) Subregulation (5) ceases to be in force 1 year after the amending day.

Definitions
 (7) In this regulation:
amending day means the day that Schedule 1 to the amending Regulations commences.
amending Regulations means the Gene Technology Amendment (2019 Measures No. 1) Regulations 2019.
new Regulations means these Regulations as amended by the amending Regulations.
old Regulations means these Regulations as in force immediately before the amending day.