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What is an Emergency Dealing Determination?

An Emergency Dealing Determination (EDD) is a legislative instrument made under the Gene Technology Act 2000 (the Act). The emergency provisions in sections 72A - 72E of the Act give the responsible Minister the power to expedite an approval of dealings with a GMO in an emergency. This recognises that situations may arise in which a rapid approval of a dealing with a GMO may be required. An EDD can only be made to have effect for up to six months but may be extended by the Minister. The emergency provisions further the object of the Act: to protect the health and safety of people and to protect the environment.

Before making an EDD, the Minister must be satisfied that:

  1. there is an actual or imminent threat to the health and safety of people or to the environment;
  2. the dealings proposed to be specified in the EDD would, or would be likely to, adequately address the threat; and
  3. any risks posed by the dealings proposed to be specified in the EDD are able to be managed in such a way as to protect the health and safety of people and to the environment.
The Minister may only make an emergency dealing determination after receiving advice from:
  • the Commonwealth Medical Officer, the Commonwealth Chief Veterinary Officer or the Commonwealth Chief Plant Protection Officer about the threat and about the GMO addressing the threat; and
  • the Gene Technology Regulator about management of risk to human health and safety and the environment.
The States and Territories must also be consulted.

List of emergency dealing determinations

Relevant links:

What is the GMO record?
What are dealings with GMOs?

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