Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Regulator must not make a determination under subsection 78(1) in respect of a dealing with a GMO unless the Regulator is satisfied:
(a) that any risks posed by the dealing are minimal; and
(b) that it is not necessary for persons undertaking the dealing to hold, or be covered by a GMO licence, in order to protect the health and safety of people or to protect the environment.
(2) For the purposes of subsection (1), the Regulator must have regard to the following:
(a) any data available to the Regulator about adverse effects posed by the dealing;
(b) any other information as to risks associated with the dealing of which the Regulator is aware, including information provided to the Regulator by a licence holder under section 65 or by another person under section 66;
(c) whether there is a need for the dealing to be subject to conditions;
(d) any other information in relation to whether the dealing should be authorised by a GMO licence.
(3) The Regulator may have regard to such other matters as the Regulator considers relevant.