Australian Capital Territory Numbered Regulations

GENE TECHNOLOGY REGULATIONS 2004 (NO 17 OF 2004) - REG 8

    (1)     The period within which the regulator must issue, or refuse to issue, a licence is—

        (a)     for an application to which the Act, division 5.3 applies—90 days after the day the application is received by the regulator; or

        (b)     for an application to which the Act, division 5.4 applies—170 days after the day the application is received by the regulator.

    (2)     In working out the end of a period mentioned in subregulation (1), the following days are not counted:

        (a)     a Saturday, a Sunday or a public holiday in the ACT;

        (b)     a day when the regulator cannot proceed with the decision-making process, or a related function, because the regulator is awaiting information that the applicant has been asked, in writing, to give;

        (c)     if, in relation to the application, the regulator publishes notice of a public hearing under the Act, section 53—a day in the period that—

              (i)     begins on the day of publication; and

              (ii)     ends on the day when the public hearing ends;

        (d)     a day when the regulator cannot proceed with the decision-making process, or a related function, because—

              (i)     the applicant has applied under the Act, section 184 for information given in relation to the application to be declared confidential commercial information for the Act; and

              (ii)     the regulator is—

    (A)     considering the application; or

    (B)     waiting until any review rights under the Act, section 181 or section 183 in relation to the application are exhausted;

        (e)     if, in relation to the application, the regulator requests the gene technology ethics committee to provide advice on an ethical issue, a day in the period that—

              (i)     begins on the day the request is made; and

              (ii)     subject to subregulation (3), ends on the day the advice is given or, if the advice is not given within the period (if any) specified under subregulation (3), on the last day of that period.

    (3)     The regulator, when seeking advice under the Act, section 50 (3) or section 52 (5) or from the gene technology ethics committee, may specify a reasonable period within which the advice must be received, and, if the advice is not received within the period, must proceed without regard to the advice.