146Regulator may give directions

#### 146 Regulator may give directions (1) If the Regulator believes, on reasonable grounds, that: (a) a licence holder is not complying with this Act or the regulations in respect of a thing; and (b) either of the following applies: (i) it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment; (ii) it is desirable in the public interest, having regard to the matters specified in subsection (2A), for the Regulator to exercise powers under this section; the Regulator may give directions to the licence holder, by written notice, requiring the licence holder, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the licence holder to comply with this Act or the regulations. (2) If the Regulator believes on reasonable grounds that: (a) one of the following kinds of persons is not complying with this Act or the regulations in respect of a thing: (i) a person covered by a GMO licence; (ii) a person dealing with, or who has dealt with, a GMO specified in an emergency dealing determination; and (b) either of the following applies: (i) it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment; (ii) it is desirable in the public interest, having regard to the matters specified in subsection (2A), for the Regulator to exercise powers under this section; the Regulator may give directions to the person, by written notice, requiring the person, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the person to comply with this Act or the regulations. (2A) For the purposes of deciding under subparagraph (1)(b)(ii) or (2)(b)(ii) whether it is desirable to exercise powers under this section to give directions to a licence holder or another person, the Regulator must have regard to the following: (a) the types of dealings with GMOs authorised by the licence or specified in the emergency dealing determination concerned, and, in particular, whether the dealings are ongoing; (b) whether measures have been, or are being, taken to address the non‑compliance with this Act or the regulations that the Regulator believes is occurring (the suspected non‑compliance); (c) the likelihood of the licence holder or other person not complying with this Act or the regulations at a future time; (d) the severity of the suspected non‑compliance; (e) whether, on one or more occasions, the licence holder or the other person: (i) has been charged with or convicted of an offence against this Act; or (ii) has been given a direction under this section; (f) other means available to the Regulator to address the suspected non‑compliance (including, but not limited to, by cancelling, varying or suspending a licence, accreditation or certification); (g) whether, in the Regulator’s opinion, the suspected non‑compliance was deliberate; (h) the desirability of deterring future non‑compliance with this Act or the regulations. (3) A person commits an offence if he or she does not take the steps specified in a notice under subsection (1) or (2) within the time specified in the notice. Maximum penalty: (a) in the case of an aggravated offence—2,000 penalty units; (b) in any other case—500 penalty units. > Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. > Note 2: Aggravated offence is defined in section 38. (4) If the licence holder or the person, as the case requires, does not take the steps specified in the notice within the time specified in the notice, the Regulator may arrange for those steps to be taken. (5) If the Regulator incurs costs because of arrangements made by the Regulator under subsection (4), the licence holder or the person, as the case requires, is liable to pay to the Commonwealth an amount equal to the cost, and the amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction. (6) Section 4K of the Crimes Act 1914 does not apply to an offence against subsection (3). (7) A time specified in a notice under subsection (1) or (2) must be reasonable having regard to the circumstances.