Document ID: chunk:federal_register_of_legislation:C2007A00099:clause:1_48
Version: federal_register_of_legislation:C2007A00099
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 35406–36768

48  After subsection 71(2)
Insert:

 (2A) The Regulator must not vary a licence if the original application for the licence was an application to which section 50A applied, unless:
 (a) the Regulator is satisfied that the principal purpose of the licence as proposed to be varied is to enable the licence holder, and persons covered by the licence, to conduct experiments; and
 (b) the application for variation proposes, in relation to any GMO in respect of which dealings are proposed to be authorised as a result of the variation:
 (i) controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and
 (ii) limits on the proposed release of the GMO; and
 (c) the Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in subsection 50(3).

Note: Section 50A applies to an application that proposes controls and limits on the dissemination, persistence and release of the GMO concerned and is for the purpose of conducting experiments.

 (2B) The Regulator must not vary a licence if the Regulator is satisfied that the risk assessment and the risk management plan in respect of the original application for the licence did not cover the risks posed by the dealings proposed to be authorised by the licence as varied.