GENE TECHNOLOGY ACT 2000
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Object of Act
- 4 Regulatory framework to achieve object
- 5 Nationally consistent scheme
- 6 Act to bind the Crown
- 7 ExternalTerritories
- 8 Offences
PART 2--INTERPRETATION--AND OPERATION OF ACT
DIVISION 1--Simplified outline- 9 Simplified outline DIVISION 2--Definitions
- 10 Definitions
- 11 Meaning of
- 12 Meaning of DIVISION 3--Operation of Act
- 13 Operation of Act
- 14 Wind-back of reach of Act
- 15 Relationship to other Commonwealth laws DIVISION 4--Provisions to facilitate a nationally consistent scheme
- 16 State laws may operate concurrently
- 17 Conferral of functions on Commonwealth officers and bodies
- 18 No doubling-up of liabilities
- 19 Review of certain decisions
- 20 Things done for multiple purposes
- 21 Ministerial Council may issue policy principles
- 22 Consultation on policy principles
- 23 Ministerial Council may issue policy guidelines
- 24 Ministerial Council may issue codes of practice
PART 3--THE--GENE TECHNOLOGY REGULATOR
- 25 Simplified outline
- 26 The Gene Technology Regulator
- 27 Functions of the Regulator
- 28 Powers of the Regulator
- 29 Delegation
- 30 Independenceof the Regulator
PART 4--REGULATION--OF DEALINGS WITH GMOS
DIVISION 1--Simplified outline- 31 Simplified outline DIVISION 2--Dealings with GMOs must be licensed
- 32 Person not to deal with a GMO without a licence
- 33 Person not to deal with a GMO without a licence--strict liability offence
- 34 Person must not breach conditions of a GMO licence
- 35 Person must not breach conditions of a GMO licence--strict liability offence
- 35A Person must not breach conditions of emergency dealing determination
- 35B Person must not breach conditions of emergency dealing determination--strict liability offence
- 36 Person must not breach conditions on GMO Register
- 37 Offence relating to notifiable low risk dealings
- 38 Aggravated offences--significant damage to health or safety of people or to the environment
PART 5--LICENSING--SYSTEM
DIVISION 1--Simplified outline- 39 Simplified outline DIVISION 2--Licence applications
- 40 Person may apply for a licence
- 40A Licences relating to inadvertent dealings
- 41 Application may be withdrawn
- 42 Regulator may require applicant to give further information
- 43 Regulator must consider applications except in certain circumstances
- 44 Regulator may consult with applicant
- 45 Regulator must not use certain information in considering licence application DIVISION 3--Initial consideration of licences for dealings not involving intentional release of a GMO into the environment
- 46 Applications to which this Division applies
- 46A Division does not apply to an application relating to inadvertent dealings
- 47 What the Regulator must do in relation to application DIVISION 4--Initial consideration of licences for dealings involving intentional release of a GMO into the environment
- 48 Applications to which this Division applies
- 49 Division does not apply to an application relating to inadvertent dealings
- 50 Regulator must prepare risk assessment and risk management plan
- 50A Limited and controlled release applications
- 51 Matters Regulator must take into account in preparing risk assessment and risk management plan
- 52 Public notification of risk assessment and risk management plan
- 53 Regulator may take other actions
- 54 Person may request copies of certain documents DIVISION 5--Decision on licence etc.
- 55 Regulator must make a decision on licence and licence conditions
- 56 Regulator must not issue the licence unless satisfied as to risk management
- 57 Other circumstances in which Regulator must not issue the licence
- 58 Matters to be taken into account in deciding whether a person is suitable to hold a licence
- 59 Notification of licence decision
- 60 Period of licence DIVISION 6--Conditions of licences
- 61 Licence is subject to conditions
- 62 Conditions that may be prescribed or imposed
- 63 Condition about informing people of obligations
- 64 Condition about monitoring and audits
- 65 Condition about additional information to be given to the Regulator
- 66 Person may give information to Regulator
- 67 Protection of persons who give information DIVISION 7--Suspension, cancellation and variation of licences
- 68 Suspension and cancellation of licence
- 69 Surrender of licence
- 70 Transfer of licences
- 71 Variation of licence
- 72 Regulator to notify of proposed suspension, cancellation or variation
PART 5A--EMERGENCY--DEALING DETERMINATIONS
DIVISION 1--Simplified outline- 72A Simplified outline DIVISION 2--Making of emergency dealing determination
- 72B Minister may make emergency dealing determination
- 72C Period of effect of emergency dealing determination DIVISION 3--Effect and conditions of emergency dealing determination
- 72D Emergency dealing determination authorises dealings, subject to conditions DIVISION 4--Variation, suspension and revocation of emergency dealing determination
- 72E Variation, suspension and revocation of emergency dealing determination
PART 6--REGULATION--OF NOTIFIABLE LOW RISK DEALINGS AND DEALINGS ON THE GMO REGISTER
DIVISION 1--Simplified outline- 73 Simplified outline DIVISION 2--Notifiable low risk dealings
- 74 Notifiable low risk dealings
- 75 Regulation of notifiable low risk dealings DIVISION 3--The GMO Register
- 76 GMO Register
- 77 Contents of Register
- 78 Regulator may include dealings with GMOs on GMO Register
- 79 Regulator not to make determination unless risks can be managed
- 80 Variation of GMO Register
- 81 Inspection of Register
PART 7--CERTIFICATION--AND ACCREDITATION
DIVISION 1--Simplified outline- 82 Simplified outline DIVISION 2--Certification
- 83 Application for certification
- 84 When the Regulator may certify the facility
- 85 Regulator may require applicant to give further information
- 86 Conditions of certification
- 87 Variation of certification
- 88 Suspension or cancellation of certification
- 89 Regulator to notify of proposed suspension, cancellation or variation
- 89A Transfer of certification
- 90 Guidelines DIVISION 3--Accredited organisations
- 91 Application for accreditation
- 92 Regulator may accredit organisations
- 93 Regulator may require applicant to give further information
- 94 Conditions of accreditation
- 95 Variation of accreditation
- 96 Suspension or cancellation of accreditation
- 97 Regulator to notify of proposed suspension, cancellation or variation
- 98 Guidelines
PART 8--THE--GENE TECHNOLOGY TECHNICAL ADVISORY COMMITTEE AND THE GENE TECHNOLOGY ETHICS AND COMMUNITY CONSULTATIVE COMMITTEE
DIVISION 1--Simplified outline- 99 Simplified outline DIVISION 2--The Gene Technology Technical Advisory Committee
- 100 The Gene Technology Technical Advisory Committee
- 101 Function of the Gene Technology Technical Advisory Committee
- 102 Expert advisers
- 103 Remuneration
- 104 Members and procedures
- 105 Subcommittees DIVISION 3--The Gene Technology Ethics and Community Consultative Committee
- 106 The Gene Technology Ethics and Community Consultative Committee
- 107 Function of Ethics and Community Committee
- 108 Membership
- 109 Remuneration
- 110 Membership and Procedures
- 111 Subcommittees
- 112 Expert advisers
PART 9--ADMINISTRATION
DIVISION 1--Simplified outline- 117 Simplified outline DIVISION 2--Appointment and conditions of Regulator
- 118 Appointment of the Regulator
- 119 Termination of appointment
- 120 Disclosure of interests
- 121 Acting appointment
- 122 Terms and conditions
- 123 Outside employment
- 124 Remuneration
- 125 Leave of absence
- 126 Resignation DIVISION 3--Money
- 127 Regulator may charge for services
- 128 Notional payments by the Commonwealth
- 129 Gene Technology Account
- 130 Credits to Account
- 131 Recovery of amounts
- 132 Purposes of Account DIVISION 4--Staffing
- 133 Staff assisting the Regulator
- 134 Consultants
- 135 Seconded officers DIVISION 5--Reporting requirements
- 136 Annual Report
- 137 Reports to Parliament DIVISION 6--Record of GMO Dealings
- 138 Record of GMO Dealings
- 139 Inspection of Record DIVISION 7--Reviews of notifiable low risk dealings and exemptions
- 140 Regulator may review notifiable low risk dealings
- 141 Regulator may review exemptions
- 142 Regulator may give notice of consideration
- 143 What Regulator may do after consideration
- 144 Regulator not required to review matters
PART 10--ENFORCEMENT
PART 11--POWERS--OF INSPECTION
DIVISION 1--Simplified outline- 149 Simplified outline DIVISION 2--Appointment of inspectors and identity cards
- 150 Appointment of inspectors
- 151 Identity card DIVISION 3--Monitoring powers
- 152 Powers available to inspectors for monitoring compliance
- 153 Monitoring powers DIVISION 4--Offence-related powers
- 154 Searches and seizures related to offences
- 155 Offence-related powers of inspectors in relation to premises
- 156 Use of equipment at premises DIVISION 5--Expert assistance
- 157 Expert assistance to operate a thing DIVISION 6--Emergency powers
- 158 Powers available to inspectors for dealing with dangerous situations DIVISION 7--Obligations and incidental powers of inspectors
- 159 Inspector must produce identity card on request
- 160 Consent
- 161 Details of warrant to be given to occupier etc.
- 162 Announcement before entry
- 163 Compensation for damage DIVISION 8--Power to search goods, baggage etc.
- 164 Power to search goods, baggage etc.
- 165 Seizure of goods DIVISION 9--General provisions relating to search and seizure
- 166 Copies of seized things to be provided
- 167 Occupier entitled to be present during search
- 168 Receipts for things seized
- 169 Retention of seized things
- 170 Magistrate may permit a thing to be retained
- 171 Disposal of goods if there is no owner or owner cannot be located DIVISION 10--Warrants
- 172 Monitoring warrants
- 173 Offence-related warrants
- 174 Offence-related warrants by telephone, telex, fax etc.
- 175 Offences relating to warrants DIVISION 11--Other matters
- 176 Part not to abrogate privilege against self-incrimination
- 177 Part does not limit power to impose conditions
PART 12--MISCELLANEOUS
DIVISION 1--Simplified outline- 178 Simplified outline DIVISION 2--Review of decisions
- 179 Meaning of terms
- 180 Notification of decisions and review rights
- 181 Internal review
- 182 Deadlines for making reviewable decisions
- 183 Review of decisions by Administrative Appeals Tribunal
- 183A Extended standing for judicial review DIVISION 3--Confidential commercial information
- 184 Application for protection of confidential commercial information
- 185 Regulator may declare that information is confidential commercial information
- 186 Revocation of declaration
- 187 Confidential commercial information must not be disclosed DIVISION 4--Conduct by directors, employees and agents
- 188 Conduct by directors, employees and agents
- 189 Meaning of terms DIVISION 5--Transitional provisions
- 190 Transitional provision--dealings covered by Genetic Manipulation Advisory Committee advice to proceed
- 191 Regulations may relate to transitional matters DIVISION 6--Other
- 192 False or misleading information or document
- 192A Interference with dealings with GMOs
- 193 Regulations
- 194 Review of operation of Act