Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an emergency dealing determination is in force in respect of dealings with a GMO, those dealings are authorised, subject to the conditions (if any) specified in the emergency dealing determination.
(2) Conditions may relate to, but are not limited to, the following:
(a) the quantity of GMO in relation to which dealings are covered;
(b) the scope of the dealings covered;
(c) the purposes for which the dealings may be undertaken;
(d) variations to the scope or purposes of the dealings;
(e) the source of the GMO;
(f) the persons who may deal with the GMO;
(g) the information that is required to be given by a person and the person to whom that information is to be given;
(h) obligations about informing the Regulator if:
(i) a person becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings specified in the emergency dealing determination; or
(ii) a person becomes aware of any contraventions of the conditions to which the emergency dealing determination is subject by any person; or
(iii) a person becomes aware of any unintended effects of the dealings specified in the emergency dealing determination;
(i) the storage and security of the GMO;
(j) the required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels;
(k) waste disposal requirements;
(l) the manner in which any quantity of the GMO is to be dealt with if a condition of the emergency dealing determination is breached;
(m) measures to manage risks posed to the health and safety of people, or to the environment;
(n) data collection, including studies to be conducted;
(o) auditing and reporting;
(p) the keeping and disclosure of, and access to, records about the GMO;
(q) actions to be taken in case of the release of a GMO from a contained environment;
(r) the geographic area in which the dealings specified in the emergency dealing determination may occur;
(s) requirements for compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;
(t) supervision by, and monitoring by, Institutional Biosafety Committees;
(u) contingency planning in respect of unintended effects of the dealings specified in the emergency dealing determination;
(v) limiting the dissemination or persistence of the GMO or its genetic material in the environment;
(w) any other matters that the Minister thinks appropriate.
(3) A condition under paragraph (2)(f) may permit dealings with a GMO by, or may impose obligations upon:
(a) a specified person or persons; or
(b) a specified class of person.
(4) It is a condition of an emergency dealing determination that if:
(a) a dealing with a GMO is specified in the emergency dealing determination; and
(b) a particular condition of the emergency dealing determination applies to the dealing by a person;
the person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.
(5) Subsection (4) does not limit the conditions that may be specified in an emergency dealing determination.