Australian Capital Territory Consolidated Acts

GENE TECHNOLOGY ACT 2003 - NOTES

"eligible person", for a reviewable decision—see section 179.

"environment" includes—

        (a)     ecosystems and their constituent parts; and

        (b)     natural and physical resources; and

        (c)     the qualities and characteristics of locations, places and areas.

"ethics and community committee" means the gene technology ethics and community consultative committee established by the Commonwealth Act, section 106.

"evidential material" means any of the following:

        (a)     a thing in relation to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed;

        (b)     a thing that there are reasonable grounds for suspecting will provide evidence about the commission of an offence mentioned in paragraph (a);

        (c)     a thing that there are reasonable grounds for suspecting is intended to be used for committing an offence against this Act.

"exempt dealing" means a dealing prescribed by regulation as an exempt dealing.

"facility" includes, but is not limited to, the following:

        (a)     a building or part of a building;

        (b)     a laboratory;

        (c)     an aviary;

        (d)     a glasshouse;

        (e)     an insectary;

        (f)     an animal house;

        (g)     an aquarium or tank.

"gene technology" means any technique for modifying genes or other genetic material, but does not include—

        (a)     sexual reproduction; or

        (b)     homologous recombination; or

        (c)     any other technique prescribed by regulation for this paragraph.

"gene technology account" means the Gene Technology Account established under the Commonwealth Act, section 129.

"gene technology agreement" means the Gene Technology Agreement made for this Act between the Commonwealth and at least 4 States, as in force from time to time.

"gene technology community consultative committee" means the Gene Technology Community Consultative Committee established under the Commonwealth Act, section 106.

"gene technology ethics committee" means the Gene Technology Ethics Committee established under the Commonwealth Act, section 111.

"gene technology regulator" means the Gene Technology Regulator appointed under the Commonwealth Act, section 118.

"gene technology technical advisory committee" means the Gene Technology Technical Advisory Committee established under the Commonwealth Act, section 100.

"genetically modified organism" means—

        (a)     an organism that has been modified by gene technology; or

        (b)     an organism that has inherited particular traits from an organism (the initial organism), if the traits occurred in the initial organism because of gene technology; or

        (c)     anything declared by regulation to be a genetically modified organism;

but does not include—

        (d)     a human being, if the human being is an organism mentioned in paragraph (a) only because the human being has undergone somatic cell gene therapy; or

        (e)     an organism declared by regulation not to be a genetically modified organism.

"GMO" means a genetically modified organism.

"GMO licence" means a licence issued under section 55.

"GMO register" means the GMO Register established under the Commonwealth Act, section 76.

"GM product" means a thing (other than a GMO) derived or produced from a GMO.

"GM record" means the Record of GMO and GM Product Dealings mentioned in the Commonwealth Act, section 138.

"inadvertent dealings application "means an application for a GMO licence to which division 5.3 or division 5.4 does not apply because of the operation of section 46A or section 49.

"institutional biosafety committee" means a committee established as an institutional biosafety committee in accordance with the guidelines issued by the regulator under section 98.

"intentional release of a GMO into the environment"—see section 11.

"licence holder" means the holder of a GMO licence.

"ministerial council" means the Ministerial Council within the meaning of the gene technology agreement.

"notifiable low risk dealing" means a dealing declared to be a notifiable low risk dealing under section 74.

"officer", of the Commonwealth, includes the following:

        (a)     a Commonwealth Minister;

        (b)     a person who holds—

              (i)     an office established under a Commonwealth Act; or

              (ii)     an appointment made under a Commonwealth Act; or

              (iii)     an appointment made by the Governor-General or a Commonwealth Minister other than under a Commonwealth Act;

        (c)     a person who is a member or officer of a Commonwealth authority;

        (d)     a person who is in the service or employment of the Commonwealth or of a Commonwealth authority, or is employed or engaged under a Commonwealth Act.

"organism" means any biological entity that is—

        (a)     viable; or

        (b)     capable of reproduction; or

        (c)     capable of transferring genetic material.

"person covered by a GMO licence" means a person authorised by a GMO licence to deal with a GMO.

"premises" includes the following:

        (a)     a building;

        (b)     a place, including an area of land;

        (c)     a vehicle;

        (d)     a vessel;

        (e)     an aircraft;

        (f)     a facility;

        (g)     any part of premises, including premises mentioned in paragraphs (a) to (f).

"regulator" means the gene technology regulator.

"reviewable decision"—see section 179.

"State" includes the Territory.

Note     State also includes the Northern Territory (see Legislation Act, dict, pt 1).

"territory agency" means—

        (a)     the Territory; or

        (b)     a Minister; or

        (c)     an administrative unit; or

        (d)     a territory instrumentality, and any other corporation established for a public purpose under a territory law; or

        (e)     a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:

              (i)     the Territory;

              (ii)     a Minister;

              (iii)     a corporation mentioned in paragraph (d);

              (iv)     an entity mentioned in subparagraphs (i) to (iii).

"thing" includes a substance, and a thing in electronic or magnetic form.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Gene Technology Act 2003 A2003-57

notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
remainder commenced 5 June 2004 (s 2 and LA s 79)

as amended by

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.20

notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.20 commenced 5 June 2004 (LA s 79A)

Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.7

notified LR 17 November 2006

s 1, s 2 commenced 17 November 2006 (LA s 75 (1))

sch 2 pt 2.7 commenced 18 November 2006 (s 2 (1))

Gene Technology Amendment Act 2008 A2008-10

notified LR 21 April 2008

s 1, s 2 commenced 21 April 2008 (LA s 75 (1))

remainder commenced 1 May 2008 (s 2 and CN2008-5)

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.35

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

sch 3 pt 3.35 commenced 22 September 2009 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Simplified outline—pt 4
s 31     am A2008-10 s 4

Person not to deal with GMO without licence
s 32     sub A2008-10 s 5

Person not to deal with GMO without licence—strict liability offence
s 33     am A2008-10 s 6, s 7

Person must not breach conditions of GMO licence
s 34     am A2008-10 s 8, s 9

Person must not breach conditions of emergency dealing determination
s 35A     ins A2008-10 s 10

Person must not breach conditions of emergency dealing determination—strict liability offence
s 35B     ins A2008-10 s 10

Licences relating to inadvertent dealings
s 40A     ins A2008-10 s 11

Regulator may require applicant to give further information
s 42     am A2008-10 s 12

Regulator must consider applications except in certain circumstances
s 43     am A2008-10 s 13, s 14

Division does not apply to an application relating to inadvertent dealings
s 46A     ins A2008-10 s 15

Division does not apply to an application relating to inadvertent dealings
s 49     sub A2008-10 s 16

Regulator must prepare risk assessment and risk management plan
s 50     am A2008-10 s 17, s 18

Limited and controlled release applications
s 50A     ins A2008-10 s 19

Matters regulator must take into account in preparing risk assessment and risk management plan
s 51     am A2008-10 ss 20-22

Public notification of risk assessment and risk management plan
s 52     am A2008-10 ss 23-25

Regulator must not issue the licence unless satisfied as to risk management
s 56     am A2008-10 s 26, s 27

Other circumstances in which regulator must not issue the licence
s 57     am A2008-10 s 28

Period of licence
s 60     am A2008-10 s 29

Protection of persons who give information
s 67     am A2008-10 s 30

Variation of licence
s 71     am A2008-10 ss 31-35

Regulator to notify of proposed suspension, cancellation or variation
s 72     am A2008-10 s 36

GMO licence—annual charge
s 72AA     (prev s 72A) renum as s 72AA R4 LA (see A2008-10 s 37)

Emergency dealing determinations
pt 5A hdg     ins A2008-10 s 38

Application of Commonwealth emergency dealing determinations
s 72A     orig s 72A
    renum as s 72AA
    pres s 72A
    ins A2008-10 s 38

Minister may make emergency dealing determination
s 72B     ins A2008-10 s 38

Period of effect of emergency dealing determination
s 72C     ins A2008-10 s 38

Effect and conditions of emergency dealing determination
div 5A.3 hdg     ins A2008-10 s 38
    om A2009-20 amdt 3.83

Period of effect of emergency dealing determination
s 72D     ins A2008-10 s 38

Variation, suspension and revocation of emergency dealing determination
div 5A.4 hdg     ins A2008-10 s 38
    om A2009-20 amdt 3.83

Variation, suspension and revocation of emergency dealing determination
s 72E     ins A2008-10 s 38

Regulator may include dealings with GMOs on GMO register
s 78     am A2008-10 s 39

Simplified outline—pt 7
s 82     am A2008-10 s 40

Application for certification
s 83     am A2008-10 s 41

Regulator to notify of proposed suspension, cancellation or variation
s 89     am A2008-10 s 42

Transfer of certification
s 89A     ins A2008-10 s 43

Application for accreditation
s 91     am A2008-12 s 44

Regulator may accredit organisations
s 92     am A2008-10 s 45, s 46

Regulator to notify of proposed suspension, cancellation or variation
s 97     am A2008-10 s 47

Gene technology technical advisory committee and gene technology ethics and community consultative committee
pt 8 hdg     sub A2008-10 s 48

Simplified outline—pt 8
s 99     am A2008-10 s 49

Gene technology ethics and community consultative committee
div 8.3 hdg     sub A2008-10 s 50

Gene technology ethics and community consultative committee
s 106 hdg     sub A2008-10 s 51
s 106     am A2008-10 s 52

Function of ethics and community committee
s 107     sub A2008-10 s 53

Membership
s 108     am A2008-10 s 54

Remuneration
s 109     am A2008-10 s 54

Regulations
s 110     am A2008-10 s 55

Subcommittees
s 110A     om A2008-10 s 56

Subcommittees
s 111     om A2008-10 s 58
    ins A2008-10 s 57

Expert advisers
s 112     om A2008-10 s 58
    ins A2008-10 s 57

Gene technology ethics committee
div 8.4 hdg     om A2008-10 s 58

Expert advisers
s 113     om A2008-10 s 58

Remuneration
s 114     om A2008-10 s 58

Members and procedures
s 115     om A2008-10 s 58

Subcommittees
s 116     om A2008-10 s 58

Quarterly reports
s 136A     am A2008-10 s 59

Record of GMO and GM product dealings
s 138     am A2008-10 s 60, s 61

Simplified outline—pt 10
s 145     am A2008-10 s 62, s 63

Regulator may give directions
s 146     am A2008-10 ss 64-67

Simplified outline—pt 11
s 149     am A2008-10 s 68

Powers available to inspectors for monitoring compliance
s 152     am A2008-10 s 69, s 70

Acts and omissions of representatives
div 12.4 hdg     sub A2004-15 amdt 1.24

Monitoring warrants
s 172     am A2006-46 amdt 2.22

Pt 11 does not limit power to impose conditions
s 177     sub A2008-10 s 71

Meaning of reviewable decision and eligible person
s 179     am A2008-12 ss 72-74

Deadlines for making reviewable decisions
s 182     am A2008-10 s 75, s 76

Regulator may declare information is confidential commercial information
s 185     am A2008-10 s 77

Acts and omissions of representatives
s 188     sub A2004-15 amdt 1.24

Meaning of terms in s 188
s 189     om A2004-15 amdt 1.24

Transitional provisions
div 12.5 hdg     exp 5 June 2006 (s 191A (1))

Transitional provision—dealings covered by genetic manipulation advisory committee advice to proceed
s 190     exp 5 June 2006 (s 191A (1) (LA s 88 declaration applies))

Regulations may relate to transitional matters
s 191     exp 5 June 2006 (s 191A (1))

Expiry of div 12.5
s 191A     exp 5 June 2006 (s 191A (1))

Interference with dealings with GMOs
s 192A     am A2008-10 s 78, s 79

Review of operation of Act
s 194     am A2006-46 amdt 2.23, amdt 2.24; ss renum R3 LA
    exp 5 June 2009 (s 194 (6))

Dictionary
dict     def consultative committee om A2008-10 s 80
    def deal with am A2008-10 s 81
    def ethics and community committee ins A2008-10 s 82
    def ethics committee om A2008-10 s 83
    def inadvertent dealings application ins A2008-10 s 84
    def institutional biosafety committee sub A2008-10 s 85

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 5 June 2004	5 June 2004– 5 June 2006	A2004-15	new Act and amendments by A2004-15
R2 6 June 2006	6 June 2006– 17 Nov 2006	A2004-15	commenced expiry
R3 18 Nov 2006	18 Nov 2006– 30 Apr 2008	A2006-46	amendments by A2006-46
R4 1 May 2008	1 May 2008– 5 June 2009	A2008-10	amendments by A2008-10
R5 6 June 2009	6 June 2009– 21 Sept 2009	A2008-10	commenced expiry

© Australian Capital Territory 2009

Australian Capital Territory

A2003-57

Republication No 6

Effective: 22 September 2009

Republication date: 22 September 2009

Last amendment made by A2009-20





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Gene Technology Act 2003

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 September 2009

. It also includes any amendment, repeal or expiry affecting the republished law to 22 September 2009

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Gene Technology Act 2003

Endnotes

Australian Capital Territory

Gene Technology Act 2003