South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"accredited organisation" means an organisation accredited under Division 3 of
Part 7;
"aggravated offence" has the meaning given by section 38;
"Commonwealth Act" means the Gene Technology Act 2000 of the
Commonwealth;
"Commonwealth authority" means the following:
(a) a
body corporate established for a public purpose by or under a Commonwealth
Act;
(b) a
company in which a controlling interest is held by any one of the following
persons, or by two or more of the following persons together:
(i)
the Commonwealth;
(ii)
a body covered by paragraph (a);
(iii)
a body covered by either of the above subparagraphs;
"confidential commercial information" means information declared by the
Regulator to be confidential commercial information under section 185;
"Consultative Committee" means the Gene Technology Community
Consultative Committee established by section 106 of the Commonwealth Act;
"containment level", in relation to a facility, means the degree of physical
confinement of GMOs provided by the facility, having regard to the design of
the facility, the equipment located or installed in the facility and the
procedures generally used within the facility;
"deal with", in relation to a GMO, means the following:
(a)
conduct experiments with the GMO;
(b)
make, develop, produce or manufacture the GMO;
(c)
breed the GMO;
(d)
propagate the GMO;
(e) use
the GMO in the course of manufacture of a thing that is not the GMO;
(f)
grow, raise or culture the GMO;
(g)
import the GMO,
and includes the possession, supply, use, transport or disposal of the GMO for
the purposes of, or in the course of, a dealing mentioned in any of
paragraphs (a) to (g);
"District Court" means the Administrative and Disciplinary Division of the
District Court of South Australia;
"eligible person", in relation to a reviewable decision, has the meaning given
by 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;
"Environment Australia" means—
(a) the
Commonwealth department of that name; or
(b) if
there is no Commonwealth department of that name—a department or agency
prescribed by the regulations for the purposes of this definition;
"Ethics Committee" means the Gene Technology Ethics Committee established by
section 111 of the Commonwealth Act;
"evidential material" means any of the following:
(a) a
thing with respect to which an offence against this Act or the regulations has
been committed or is suspected, on reasonable grounds, to have been committed;
(b) a
thing that there are reasonable grounds for suspecting will afford evidence as
to the commission of any such offence;
(c) a
thing that there are reasonable grounds for suspecting is intended to be used
for the purpose of committing any such offence;
"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 the modification of genes or other
genetic material, but does not include—
(a)
sexual reproduction; or
(b)
homologous recombination; or
(c) any
other technique specified in the regulations for the purposes of this
paragraph;
"Gene Technology Account" means the Gene Technology Account established by
section 129 of the Commonwealth Act;
"Gene Technology Agreement" means the Gene Technology Agreement made for the
purposes of this Act between the Commonwealth and at least four States, as in
force from time to time;
"Gene Technology Technical Advisory Committee" means the Gene
Technology Technical Advisory Committee established by section 100 of the
Commonwealth Act;
"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"), being traits that occurred in the initial organism
because of gene technology; or
(c)
anything declared by the regulations to be a genetically modified organism, or
that belongs to a class of things declared by the regulations to be
genetically modified organisms,
but does not include—
(d) a
human being, if the human being is covered by paragraph (a) only because
the human being has undergone somatic cell gene therapy; or
(e) an
organism declared by the regulations not to be a genetically
modified organism, or that belongs to a class of organisms declared by the
regulations not to be genetically modified organisms;
"GMO" means a genetically modified organism;
"GMO licence" means a licence issued under section 55;
"GMO Register" means the GMO Register established by section 76 of the
Commonwealth Act;
"GM product" means a thing (other than a GMO) derived or produced from a GMO;
"Institutional Biosafety Committee" means a committee established by an
accredited organisation as an Institutional Biosafety Committee;
"jurisdiction" means the following:
(a) a
State; or
(b) the
Commonwealth;
"licence holder" means the holder of a GMO licence;
"local council" means a council within the meaning of the
Local Government Act 1999 ;
"Ministerial Council" means the Ministerial Council within the meaning of the
Gene Technology Agreement;
"notifiable low risk dealing" has the meaning given by section 74;
"officer", in relation to the Commonwealth, includes the following:
(a) a
Minister of the Crown in right of the Commonwealth;
(b) a
person who holds—
(i)
an office established by or under a Commonwealth Act; or
(ii)
an appointment made under a Commonwealth Act; or
(iii)
an appointment made by the Governor-General or a Minister
of the Crown in right of the Commonwealth but not 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 referred to in paragraphs (a) to
(f));
"Record" means the Record of GMO and GM Product Dealings mentioned in
section 138 of the Commonwealth Act;
"Regulator" means the Gene Technology Regulator appointed under section 118 of
the Commonwealth Act;
"reviewable decision" has the meaning given by section 179;
"State" includes the Australian Capital Territory and the Northern Territory;
"State agency" means the following:
(a) the
Crown in right of South Australia;
(b) a
Minister of the Crown in right of South Australia;
(c) an
administrative unit within the meaning of the Public Sector
Management Act 1995 ;
(d) an
instrumentality of the State of South Australia, including a body corporate
established for a public purpose by or under a law of the State of South
Australia;
(e) a
company in which a controlling interest is held by any one of the following
persons, or by two or more of the following persons together:
(i)
the Crown in right of South Australia;
(ii)
a person or body covered by paragraph (b) or (d);
(iii)
a person or body covered by either of the above
subparagraphs;
"thing" includes a substance, and a thing in electronic or magnetic form.
(2) If this Act
requires or permits the Ministerial Council to do a thing, the
Ministerial Council must do the thing in accordance with any requirements
specified in the Gene Technology Agreement.