Div 7Suspension, cancellation and variation of licences

Division 7—Suspension, cancellation and variation of licences 68—Suspension and cancellation of licence The Regulator may, by notice in writing given to the holder of a GMO licence, suspend or cancel the licence if— (a) the Regulator believes on reasonable grounds that a condition of the licence has been breached, whether by the licence holder or by a person covered by the licence; or (b) the Regulator believes on reasonable grounds that the licence holder, or a person covered by the licence, has committed an offence against this Act or the regulations; or (c) any annual charge payable in respect of the licence remains unpaid after the due date; or (d) the licence was obtained improperly; or (e) the Regulator becomes aware of risks associated with the continuation of the dealings authorised by the licence, and is satisfied that the licence holder has not proposed, or is not in a position to implement, adequate measures to deal with those risks; or (f) the Regulator is satisfied that the licence holder is no longer a suitable person to hold the licence. 69—Surrender of licence A licence holder may, with the consent of the Regulator, surrender the licence. 70—Transfer of licences (1) The licence holder and another person (the transferee) may jointly apply to the Regulator for the licence to be transferred from the licence holder to the transferee. (2) The application must be in writing, and must contain— (3) The Regulator must not transfer the licence unless the Regulator is satisfied that, if the licence is transferred, any risks posed by the dealings authorised by the licence will continue to be able to be managed in such a way as to protect— (4) The Regulator must not transfer the licence unless the Regulator is satisfied that the transferee is a suitable person to hold the licence. (5) The Regulator must give written notice of his or her decision on the application to the licence holder and the transferee. (6) If the Regulator decides to transfer the licence— (a) the transfer takes effect on the date specified in the notice; and (b) the licence continues in force as mentioned in section 60; and (c) the licence is subject to the same conditions as those in force immediately before the transfer. 71—Variation of licence (1) The Regulator may vary a licence, by notice in writing given to the licence holder— (a) at any time, on the Regulator's own initiative; or (b) on application by the licence holder. (1A) An application for a variation must be in writing and must contain— (2) The Regulator must not vary a licence to authorise dealings involving the intentional release of a GMO into the environment if the application for the licence was originally considered under Division 3. Applications can only be considered under Division 3 if none of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment. (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 section 50(3). 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) If an application has been made for variation of a licence, the Regulator must not vary the licence unless the Regulator is satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by— (a) the risk assessment and the risk management plan in respect of the original application for the licence; or (b) the risk assessment and the risk management plan in respect of an application for another licence, but only if that other licence was issued. (3) Without limiting subsection (1), the Regulator may— (a) impose licence conditions or additional licence conditions; or (b) remove or vary licence conditions that were imposed by the Regulator; or (c) extend or reduce the authority granted by the licence. (4) The Regulator must not vary a licence unless the Regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence as varied are able to be managed in such a way as to protect— (5) The Regulator must not vary a licence unless any local council that the Regulator considers appropriate has been consulted on the proposed variation. (6) The Regulator must not vary a licence in the circumstances (if any) prescribed by the regulations. (7) If an application has been made for variation of a licence, the Regulator must vary the licence, or refuse to vary the licence, within the period (if any) prescribed by the regulations. (8) For the purposes of subsection (2A)— controls has the same meaning as in section 50A(2); limits has the same meaning as in section 50A(3). 72—Regulator to notify of proposed suspension, cancellation or variation (1) Before suspending, cancelling or varying a licence under this Division, the Regulator must give written notice of the proposed suspension, cancellation or variation to the licence holder. (a) must state that the Regulator proposes to suspend, cancel or vary the licence; and (b) may require the licence holder to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and (c) may invite the licence holder to make a written submission to the Regulator about the proposed suspension, cancellation or variation. (3) The notice must specify a period within which the licence holder— (4) In considering whether to suspend, cancel or vary a licence, the Regulator must have regard to any submission made under subsection (2)(c). (5) This section does not apply to a suspension, cancellation or variation requested by the licence holder. (6) This section does not apply to a suspension, cancellation or variation of a licence if the Regulator considers that the suspension, cancellation or variation is necessary in order to avoid an imminent risk of death, serious illness, serious injury or serious damage to the environment. (7) This section does not apply to a variation of a licence if the Regulator is satisfied that the variation is of minor significance or complexity.