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 External Territories
- 8 Offences
PART 2--INTERPRETATION--AND OPERATION OF ACT
Division 1--Simplified outline
Division 2--Definitions
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
Subdivision A--General provisions
PART 3--THE--GENE TECHNOLOGY REGULATOR
PART 4--REGULATION--OF DEALINGS WITH GMOS
Division 1--Simplified outline
Division 2--Dealings with GMOs must be licensed
PART 5--LICENSING--SYSTEM
Division 1--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- 41 Application may be withdrawn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
PART 6--REGULATION--OF NOTIFIABLE LOW RISK DEALINGS AND DEALINGS ON THE GMO REGISTER
Division 1--Simplified outline
Division 2--Notifiable low risk dealings
PART 7--CERTIFICATION--AND ACCREDITATION
Division 1--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
Division 3--The Gene Technology Ethics and Community Consultative Committee
PART 9--ADMINISTRATION
Division 1--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
Division 4--Staffing
Division 5--Reporting requirements
- 136 Annual Report
- 137 Reports to Parliament
Division 6--Record of GMO Dealings
PART 10--ENFORCEMENT
PART 11--POWERS--OF INSPECTION
Division 1--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
Division 2--Review of decisions
Division 3--Confidential commercial information
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