Queensland Consolidated Acts

GENE TECHNOLOGY ACT 2001

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Object of Act
   4.      Regulatory framework to achieve object
   5.      Nationally consistent scheme
   6.      Act binds all persons
   7.      External Territories
   8.      Offences and penalties
   8A.     Numbering
   8B.     Notes
   8C.     Outlines

           Part 2--Interpretation and operation of Act

           Division 1--Simplified outline

   9.      Simplified outline of pt 2

           Division 2--Definitions

   10.     Definitions
   11.     Meaning of intentional release of a GMO into the environment
   12.     Meaning of corresponding State law
   12A.    Meaning of reckless

           Division 3--Operation of Act

   13.     Operation of Act
   14.     Wind-back of reach of Act
   15.     Relationship to other State laws

           Division 4--Provisions to facilitate a nationally consistent scheme
           Subdivision 1--General provisions

   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
           Subdivision 2--Policy principles, policy guidelines and codes of practice
   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 of pt 3
   26.     The
   27.     Functions of the regulator
   28.     Powers of the regulator
   29.     Delegation
   30.     Independence of the regulator

           Part 4--Regulation of dealings with GMOs

           Division 1--Simplified outline

   31.     Simplified outline of pt 4

           Division 2--Dealings with GMOs must be licensed

   32.     Person not to deal with a GMO without a licence with full knowledge or recklessness
   33.     Person not to deal with a GMO without a licence
   34.     Person must not breach conditions of a GMO licence with full intention and knowledge or recklessness
   35.     Person must not breach conditions of a GMO licence
   35A.    Person must not breach conditions of emergency dealing determination with full intention and knowledge or recklessness
   35B.    Person must not breach conditions of emergency dealing determination
   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 of pt 5

           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 div 3 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 div 4 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

           Division 8--Annual charge

   72AA.   GMO licence—annual charge

           Part 5A--Emergency dealing determinations

           Division 1--Simplified outline

   72A.    Simplified outline of pt 5A

           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 of pt 6

           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 of pt 7

           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 of pt 8

           Division 2--The gene technology technical advisory committee

   100.    The
   101.    Function of the
   102.    Expert advisers
   103.    Remuneration
   104.    Members and procedures
   105.    Subcommittees
           Division 3 The
           Gene Technology ethics and Community Consultative Committee
   106.    The
   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 of pt 9

           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 State
   129.    Gene
   130.    Credits to gene technology 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
   136A.   Quarterly reports
   137.    Reports to parliament

           Division 6--Record of GMO and GM product dealings

   138.    Record of GMO and GM product dealings
   139.    Inspection of GM 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

   145.    Simplified outline of pt 10
   146.    Regulator may give directions
   147.    Injunctions
   148.    Forfeiture

           Part 11--Powers of inspection

           Division 1--Simplified outline

   149.    Simplified outline of pt 11

           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 for 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.    Magistrates Court may permit a thing to be retained
   171.    Disposal of goods if there is no owner or owner can not 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 of pt 12

           Division 2--Review of decisions

   179.    Meaning of reviewable decision and eligible person
   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.    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
   192B.   Cloning of human beings is prohibited
   192C.   Certain experiments involving animal eggs prohibited
   192D.   Certain experiments involving putting human and animal cells into a human uterus prohibited
   192E.   Attempts to commit offences against Act
   192F.   Proceedings for an offence
   192G.   Approved forms
   193.    Regulation-making power
   194.    Review of operation of Act
           SCHEDULE 1 REVIEWABLE DECISIONS AND ELIGIBLE PERSONS
           SCHEDULE 3 DICTIONARY
           Endnotes