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 in relation to 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 mentioned in subsection (2A), for the regulator to exercise powers under this section; the regulator may, by written notice, direct the licence holder, within the time stated in the notice, to take stated reasonable steps relating to the thing to comply with this Act. (2) If the regulator believes on reasonable grounds that— (a) 1 of the following kinds of people is not complying with this Act in relation to 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 mentioned in subsection (2A), for the regulator to exercise powers under this section; the regulator may, by written notice, direct the person, within the time stated in the notice, to take stated reasonable steps relating to the thing to comply with this Act. (2A) For the purposes of deciding under subsection (1) (b) (ii) or subsection (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 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 at a future time; (d) the severity of the suspected noncompliance; (e) whether, on 1 or more occasions, the licence holder or other (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 noncompliance (including, but not limited to, by cancelling, varying or suspending a licence, accreditation or certification); (g) whether, in the regulator’s opinion, the suspected noncompliance was deliberate;

(h) the desirability of deterring future noncompliance with this Act or the regulations. (3) A person must not intentionally fail to take the steps stated in a notice under subsection (1) or (2) within the time stated in the notice. (a) for an aggravated offence—2 000 penalty units; or (b) in any other case—500 penalty units. Note Aggravated offence is defined in s 38 (1). (4) If the licence holder or the person does not take the steps stated in the notice within the time stated 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 is liable to pay to the Territory an amount equal to the cost. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). (6) A time stated in a notice under subsection (1) or (2) must be reasonable having regard to the circumstances. Note This section differs from the Commonwealth Act, s 146.