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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gene Technology (GM Crop
Moratorium) Amendment Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Gene Technology (GM Crop Moratorium)
Act 2003 No 12 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2004
New South Wales
Gene Technology (GM Crop
Moratorium) Amendment Bill 2004
Act No , 2004
An Act to amend the Gene Technology (GM Crop Moratorium) Act 2003 in relation
to the making of exemption orders; and for other purposes.
Clause 1 Gene Technology (GM Crop Moratorium) Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Gene Technology (GM Crop Moratorium) Amendment
Act 2004.
2 Commencement
This Act commences on assent.
3 Amendment of Gene Technology (GM Crop Moratorium) Act 2003 No 12
The Gene Technology (GM Crop Moratorium) Act 2003 is amended as
set out in Schedule 1.
Page 2
Gene Technology (GM Crop Moratorium) Amendment Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 8 Exemptions from moratorium order
Omit section 8 (2). Insert instead:
(2) The Minister is not to make an exemption order unless the
Advisory Council has been provided with the following material
(and any other material that the Minister considers to be relevant)
and has been asked to provide, in consideration of the material
provided, its written recommendation as to whether an
exemption order should be made--if the exemption order is to be
made on the written application of a person, a copy of the
application.
[2] Section 8 (6A)(6D)
Insert after section 8 (6):
(6A) Without limiting subsection (6), an exemption order may be
subject to conditions that relate to one or more of the following:
(a) the handling, storage, transport or other use (including
destruction or disposal) of any GM food plant that is
permitted to be cultivated by the exemption order,
(b) the ongoing use or monitoring of any land on which any
such plant has been cultivated.
(6B) The Advisory Council is to consult with the Australian Grain
Harvesters Association before an exemption order is granted in
relation to the harvesting of GM food plants and the cleaning of
equipment that has been used to harvest such plants.
(6C) A person who cultivates, or has cultivated, a GM food plant as
permitted by an exemption order must not, without reasonable
excuse, contravene, or cause or permit any other person to
contravene, any condition to which the exemption order is
subject.
Maximum penalty: in the case of a corporation, 1,250 penalty
units or, in any other case, 500 penalty units or imprisonment for
2 years, or both.
(6D) A person cannot be prosecuted for both an offence against
subsection (6C) and an offence against section 7 in relation to the
same act or omission.
Page 3
Gene Technology (GM Crop Moratorium) Amendment Bill 2004
Schedule 1 Amendments
[3] Section 9 Notification of making an order
Insert after section 9 (1):
(1A) In the case of an exemption order, the Minister is to cause details
of the precise location of the area of land to which the exemption
order relates:
(a) to be published with the notice of the order, and
(b) to be forwarded to each of the following:
(i) the local council for each local government area in
which GM food plants are to be cultivated under the
order,
(ii) the rural lands protection board for each district in
which GM food plants are to be cultivated under the
order,
(iii) any other persons or bodies prescribed by the
regulations.
[4] Section 9 (2)
Insert "or (1A)" after "subsection (1)".
[5] Section 12 Director-General to keep register of orders
Insert after section 12 (2):
(2A) The register is also to contain, in the case of an exemption order,
details of the area of land to which the exemption order applies.
[6] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Gene Technology (GM Crop Moratorium) Amendment Act 2004
[7] Schedule 1, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Gene Technology (GM Crop Moratorium)
Amendment Act 2004
3 Conditions imposed on exemption orders
(1) Section 8 (6C), as inserted by the Gene Technology (GM Crop
Moratorium) Amendment Act 2004, does not apply to a condition
imposed on an exemption order before the commencement of that
Act.
Page 4
Gene Technology (GM Crop Moratorium) Amendment Bill 2004
Amendments Schedule 1
(2) Nothing in subclause (1) affects any prosecution under section 7
in relation to a breach of a condition that was imposed on an
exemption order before the commencement of that Act.
Page 5
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