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TASMANIA
__________
GENETICALLY MODIFIED ORGANISMS
CONTROL AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6A inserted
6A. Delegation by Secretary
6. Section 7 substituted
7. Dealing with GMO in GMO-free area prohibited
7. Section 11 amended (Term of permit)
8. Section 12 amended (Permit subject to conditions)
9. Section 13 amended (Form of permit)
10. Section 14 substituted
14. Authority of permit
11. Section 16 amended (Amendment of permit, conditions or site
management plan)
12. Section 17 amended (Renewal of permit)
13. Section 18 amended (Surrender of permit)
14. Part 3, Division 2 substituted
PART 3A Exemptions
19. Exempt persons
15. Section 20 amended (Inspections)
[Bill 19]-X
16. Section 21 amended (Access to and possession of seized
document or thing)
17. Section 22 amended (Authorised officer may give directions)
18. Section 24 amended (Warrant to enter premises)
19. Section 25 amended (Fee for inspection)
20. Section 25A inserted
25A. Compensation relating to inspection
21. Part 5: Heading amended
22. Section 26 amended (Order for destruction of GMO or thing
containing GMO)
23. Section 27 amended (Destruction of GMO or thing containing
GMO)
24. Section 28 substituted
28. Compensation relating to destruction of GMO or
thing containing GMO
25. Parts 5A and 5B inserted
PART 5A Disciplinary Action
28A. Disciplinary action
PART 5B Importation and Quarantine of GMO
Division 1 Interpretation of Part
28B. Interpretation of Part
Division 2 Importation of GMO
28C. Conditions on importation of thing containing GMO
Division 3 Quarantine of thing containing GMO
28D. Declaration of approved quarantine place
28E. Application for approval of place as approved
quarantine place
28F. Operation of approved quarantine place
28G. Examination and treatment of thing in approved
quarantine place, &c.
28H. Certificate of release
Division 4 Powers of authorised officers
28I. Inspections
28J. Examining baggage and goods entering State
28K. Samples
28L. Seizure
28M. Treatment, &c., of GMO or thing containing GMO
28N. Authorised officer may give directions
28O. Requiring assistance of responsible person, &c.
28P. Requiring information
2
28Q. General assistance and facilities
28R. Authorised officer may have assistants
28S. Use of force
28T. Authorised officer to show identification
28U. Warrant to enter premises
26. Section 29A inserted
29A. False or misleading statements
27. Section 30 substituted
30. Review of decisions
3
4
GENETICALLY MODIFIED ORGANISMS
CONTROL AMENDMENT BILL 2007
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Genetically Modified Organisms
Control Act 2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Genetically
Modified Organisms Control Amendment Act
2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 19] 5
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 3
3. Principal Act
In this Act, the Genetically Modified Organisms
Control Act 2004* is referred to as the Principal
Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
before the definition of "authorised
officer" in subsection (1):
"affected person" means a person
who is not a permit holder but
(a) is specified in any site
management plan which
is included in, or attached
to, the permit or the
conditions to which the
permit is subject; and
(b) deals with the GMO in
respect of which the
permit is issued, under the
authority of that permit;
"approved quarantine place" means
a place declared to be an
approved quarantine place under
section 28D;
*No. 45 of 2004
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Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 4
(b) by omitting the definition of "deal with"
from subsection (1) and substituting the
following definition:
"deal with", in relation to a GMO, or
thing that contains or may contain
a GMO, means
(a) conduct experiments with
the GMO or thing; or
(b) make, develop, produce
or manufacture the GMO
or thing; or
(c) breed the GMO or thing;
or
(d) propagate the GMO or
thing; or
(e) use the GMO or thing in
the course of manufacture
of another thing that is not
the GMO or thing; or
(f) grow, raise or culture the
GMO or thing; or
(g) sow, maintain, prepare for
harvest or harvest the
GMO or thing; or
(h) import the GMO or thing
into the State; or
(i) possess, have control or
charge of, supply, use,
7
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 4
transport or dispose of the
GMO or thing; or
(j) be responsible for the
occurrence or existence of
the GMO or thing in a
place;
(c) by inserting the following definitions
after the definition of "destruction order"
in subsection (1):
"examination" includes any
assessment, inspection, analysis
or test;
"exempt person" means
(a) a person of a class
specified in an exemption
from the operation of
section 7(1) given under
section 19(2); or
(b) a person who is the
subject of an exemption
from the operation of
section 7(1) given under
section 19(4);
"exemption" means an exemption
from the operation of section 7(1)
given under section 19(2) or (4);
(d) by omitting the definition of "premises"
from subsection (1) and substituting the
following definitions:
8
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 4
"plant" includes
(a) a crop; and
(b) the seed, flower, fruit, nut,
leaf, bulb, corn, tuber,
stem or other part of a
plant, whether living or
dead, and whether or not
attached to the plant;
"premises" includes
(a) a building; and
(b) a place (including an area
of land); and
(c) a vehicle; and
(d) a facility; and
(e) a part of premises;
"public notice" means a notice
published in any one or more of
the following manners:
(a) in the Gazette;
(b) in a newspaper or
magazine circulating
generally in Tasmania;
(c) on the internet;
9
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 5
(e) by omitting "Department." from the
definition of "Secretary" in subsection
(1) and substituting "Department;";
(f) by inserting the following definition after
the definition of "Secretary" in
subsection (1):
"vehicle" includes vessel and aircraft.
(g) by omitting from subsection (2)
`paragraph (i) of the definition of "deal
with",' and substituting `paragraph (j) of
the definition of "deal with" in
subsection (1),'.
5. Section 6A inserted
After section 6 of the Principal Act, the
following section is inserted in Part 1:
6A. Delegation by Secretary
The Secretary may delegate any of his or
her functions or powers under this Act
other than this power of delegation.
6. Section 7 substituted
Section 7 of the Principal Act is repealed and the
following section is substituted:
10
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 6
7. Dealing with GMO in GMO-free area
prohibited
(1) A person must not knowingly deal with a
GMO in a GMO-free area unless
(a) that person is authorised to so
deal with the GMO by
(i) both a permit and a GMO
licence; or
(ii) a permit if that dealing
with the GMO would not
be an offence under
section 32(1) of the Gene
Technology Act 2000 of
the Commonwealth; or
(b) that dealing is an exempt dealing
within the meaning of section 32
of the Gene Technology Act 2000
of the Commonwealth.
Penalty: Fine not exceeding 2 000 penalty
units.
(2) For the purposes of subsection (1), a
person knowingly deals with a GMO if
that person
(a) knows that he or she is dealing
with a GMO; or
(b) has reasonable grounds for
suspecting that he or she is
dealing with a GMO.
11
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Act No. of
s. 7
(3) It is a defence in proceedings for an
offence under subsection (1) if the
defendant establishes that he or she
(a) took all reasonable steps to
ensure that he or she did not deal
with the GMO; or
(b) was an exempt person in relation
to the GMO at the time he or she
dealt with it.
7. Section 11 amended (Term of permit)
Section 11(3)(c) of the Principal Act is amended
by omitting "section 19." and substituting
"section 28A.".
8. Section 12 amended (Permit subject to conditions)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) Without limiting the conditions to
which a permit may be subject,
those conditions may include
(a) a condition requiring, or
relating to, the removal of
a GMO from a GMO-free
area; and
12
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 9
(b) a condition requiring the
permit holder or an
affected person, or both,
to comply with a site
management plan.
(b) by inserting the following subsection
after subsection (4):
(4A) If the Secretary imposes
conditions after the permit has
been issued, the Secretary is to
notify each affected person of
those conditions.
(c) by inserting in subsection (5) "and an
affected person" after "holder".
9. Section 13 amended (Form of permit)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"subject." and substituting "subject;
and";
(b) by inserting the following paragraph after
paragraph (c) in subsection (1):
(d) if the conditions to which the
permit is subject require the
permit holder or an affected
person, or both, to comply with a
site management plan, have
13
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 10
attached to it that site
management plan.
(c) by inserting in subsection (2)(c) "and
each affected person" after "holder";
(d) by inserting the following subsection
after subsection (2):
(3) If the conditions to which the
permit is subject require the
permit holder or an affected
person, or both, to comply with a
site management plan, the site
management plan may be
attached to the permit by
(a) attaching it to the permit;
or
(b) attaching it to those
conditions; or
(c) providing to the permit
holder and each affected
person a written notice
containing the site
management plan.
10. Section 14 substituted
Section 14 of the Principal Act is repealed and
the following section is substituted:
14
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 11
14. Authority of permit
(1) A permit authorises the permit holder
and each affected person to deal with a
GMO as specified in, and in accordance
with, the permit.
(2) Nothing in subsection (1) authorises a
permit holder or affected person to deal
with a GMO in contravention of
section 7.
11. Section 16 amended (Amendment of permit,
conditions or site management plan)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Secretary, on the application
of the permit holder or an
affected person or at his or her
own discretion, may amend one
or more of the following:
(a) a permit;
(b) the conditions to which a
permit is subject;
(c) a site management plan
referred to in the
conditions to which a
permit is subject.
15
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Act No. of
s. 11
(b) by omitting subsections (5) and (6) and
substituting the following subsections:
(5) If the Secretary amends a permit,
the conditions to which a permit
is subject or a site management
plan referred to in such
conditions, the Secretary is to
(a) notify the permit holder of
that amendment; and
(b) in the case of an
amendment of a permit,
either endorse that
amendment on the permit
and the copy of the permit
held by each affected
person or provide the
permit holder and each
affected person with a
replacement permit or
copy of the replacement
permit; and
(c) in the case of an
amendment of the
conditions to which a
permit is subject
(i) endorse that
amendment on the
permit and the
copy of the permit
held by each
affected person or
16
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 11
provide the permit
holder and each
affected person
with a
replacement
permit or a copy
of the replacement
permit; or
(ii) endorse that
amendment on the
conditions to
which the permit
is subject and the
copy of those
conditions held by
each affected
person or provide
the permit holder
and each affected
person with
replacement
conditions or a
copy of the
replacement
conditions; or
(iii) if only the site
management plan
is amended,
endorse that
amendment on the
site management
plan and the copy
of the site
management plan
17
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 11
held by each
affected person or
provide the permit
holder and each
affected person
with a
replacement site
management plan
or a copy of the
replacement site
management plan.
(6) For the purposes of
subsection (5)(b), the Secretary,
in writing, may require the permit
holder and each affected person
to surrender to the Secretary one
or more of the following
documents:
(a) the permit or copy of the
permit;
(b) the conditions to which
the permit is subject or a
copy of those conditions;
(c) a site management plan or
a copy of a site
management plan which
is referred to in the
conditions to which the
permit is subject.
(c) by inserting in subsection (7) "and an
affected person" after "holder";
18
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Act No. of
s. 12
(d) by omitting from subsection (8) "permit
or the conditions to which the permit is
subject" and substituting "permit, the
conditions to which a permit is subject or
a site management plan referred to in
such conditions".
12. Section 17 amended (Renewal of permit)
Section 17(6) of the Principal Act is amended by
omitting "holder" second occurring and
substituting "holder, and each affected person,".
13. Section 18 amended (Surrender of permit)
Section 18(2) of the Principal Act is amended by
inserting "and each affected person," after
"holder,".
14. Part 3, Division 2 substituted
Division 2 of Part 3 of the Principal Act is
repealed and the following Part is substituted:
PART 3A EXEMPTIONS
19. Exempt persons
(1) In this section
"unintended presence", in relation to
the presence of a GMO in a plant,
19
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 14
means the presence of the GMO
in the plant otherwise than by
(a) the intentional action of a
person whether or not
under a GMO licence or a
permit; or
(b) the reckless actions of any
person.
(2) By notice in the Gazette, the Secretary
may exempt persons of a class specified
in the notice from the operation of
section 7(1).
(3) If under subsection (2) the Secretary
exempts persons of a class from the
operation of section 7(1) in relation to a
GMO, a person who is intentionally or
recklessly responsible for the presence of
that GMO is not a member of that class.
(4) By written notice provided to a person,
the Secretary may exempt a person from
the operation of section 7(1) if satisfied
that the person did not intentionally or
recklessly cause the presence of the
GMO in respect of which the exemption
is given.
(5) The Secretary may exempt a person
under subsection (4) on his or her own
discretion or on the request of the person.
(6) Despite subsections (2) and (4), the
Secretary may not give an exemption
20
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 14
under either of those subsections if the
dealing with the GMO that would be
allowed by the exemption would
constitute an offence under section 32(1)
of the Gene Technology Act 2000 of the
Commonwealth.
(7) An exemption may be given in relation
to, or consideration of, any one or more
of the following matters:
(a) the unintended presence of a
GMO in a plant;
(b) the dealing by agricultural
contractors, agricultural
contracting companies,
agricultural product processors or
other persons with a GMO;
(c) any other matter the Secretary
considers relevant.
(8) An exemption is subject to the conditions
specified in it.
(9) In the case of an exemption given under
subsection (2), the exemption in respect
of a person of the class specified in the
exemption is also subject to any
conditions specified in a written notice
provided to that person.
(10) The conditions to which an exemption
given under subsection (2) is subject may
be different or apply differently
21
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 14
according to such factors as are specified
in the exemption.
(11) A person who is given an exemption
must comply with the conditions of the
exemption.
Penalty: Fine not exceeding 2 000 penalty
units.
(12) The Secretary may at any time
(a) revoke, suspend or amend an
exemption given under
subsection (2), including the
conditions specified in it, by
notice in the Gazette; and
(b) revoke, suspend or amend an
exemption given under
subsection (4), including the
conditions to which it is subject,
by written notice provided to the
exempt person.
(13) Despite subsection (12)(b), if the
Secretary is satisfied that an exempt
person has contravened this Act or is
satisfied of any matter prescribed for the
purpose of section 28A(2)(b), the
Secretary
(a) may not revoke, suspend or
amend the exemption under
subsection (12)(b); but
22
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 15
(b) may take disciplinary action as
specified in section 28A.
(14) For the purposes of subsection (12), the
amendment of an exemption may include
the addition of a condition to the
exemption, whether or not the exemption
previously included any conditions.
15. Section 20 amended (Inspections)
Section 20 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
exemption" after "which a permit";
(b) by omitting subparagraph (i) from
subsection (1)(a) and substituting the
following subparagraph:
(i) in or from which an authorised
officer has reasonable grounds for
believing that a permit holder,
affected person, exempt person or
other person has dealt with, or is
or may be dealing with, a GMO
or anything that contains or may
contain a GMO; or
(c) by inserting in subsection (1)(a)(ii) "or
anything that contains or may contain a
GMO" after "GMO";
(d) by omitting from subsection (1)(e)
"area." and substituting "area; and";
23
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 16
(e) by inserting the following paragraph after
paragraph (e) in subsection (1):
(f) undertake examinations,
including destructive tests, in
those premises or that area for the
purpose of determining whether
or not a GMO is present.
(f) by inserting in subsection (2) "the
affected person, the exempt person,"
after "require the permit holder,";
(g) by omitting from subsection (2) "holder"
second occurring and substituting
"holder, affected person or exempt
person";
(h) by inserting in subsection (6) "or instead
of" after "addition to".
16. Section 21 amended (Access to and possession of
seized document or thing)
Section 21(1) of the Principal Act is amended by
omitting "section 20" and substituting
"section 20 or 22".
17. Section 22 amended (Authorised officer may give
directions)
Section 22 of the Principal Act is amended as
follows:
24
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 17
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) As a result of or during an
inspection under section 20, an
authorised officer may give
written directions to any one or
more of the following persons:
(a) a permit holder;
(b) an affected person;
(c) an exempt person;
(d) a person apparently
employed by the permit
holder, affected person or
exempt person;
(e) a person who is
apparently in charge of
the premises or area
inspected or being
inspected;
(f) a person apparently
employed in those
premises or that area.
(2) Without limiting the directions
that may be given under
subsection (1), those directions
may include directions requiring
the person to whom they are
given to take any actions or
measures to ensure that a
25
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 17
contravention of this Act or a
condition to which the permit or
exemption is subject does not, or
does not continue, to occur.
(b) by inserting in subsection (4) "or in
instead of" after "addition to";
(c) by inserting the following subsection
after subsection (4):
(5) If
(a) an authorised officer has
given a direction under
subsection (1) in respect
of a GMO, a thing
containing a GMO or a
thing that the officer
reasonably believes may
contain a GMO; and
(b) that officer or another
authorised officer
reasonably believes that
the person to whom the
direction was given is not
complying with it
that officer or other authorised
officer may take any measures,
including the seizure and
retention of the thing, that he or
she considers appropriate.
26
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 18
18. Section 24 amended (Warrant to enter premises)
Section 24(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "a GMO or
anything that contains or may contain"
after "with";
(b) by inserting in paragraph (b) "a GMO or
anything that contains or may contain"
after "with".
19. Section 25 amended (Fee for inspection)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) By written notice provided to a
permit holder, affected person or
exempt person, the Secretary may
require the permit holder,
affected person or exempt person
to pay a fee, determined by the
Secretary, in respect of an
inspection under section 20.
(b) by omitting from subsection (3) "holder"
and substituting "holder, affected person
or exempt person";
27
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 20
(c) by omitting from subsection (4) "holder"
and substituting "holder, affected person
or exempt person".
20. Section 25A inserted
After section 25 of the Principal Act, the
following section is inserted in Part 4:
25A. Compensation relating to inspection
(1) In this section
"farm gate value", in relation to a
plant, means the price at which
the plant could reasonably be
expected to have been sold by its
primary producer if not destroyed
or damaged as a result of an
inspection under section 20.
(2) A permit holder, affected person, exempt
person or other person may be entitled to
compensation for the destruction of or
damage to a plant, or to a thing
containing or that the authorised officer
reasonably believed may have contained
a GMO, suffered as a result of an
inspection under section 20 if the
Minister is satisfied that the inspection
established that this Act and, if
applicable, the conditions to which the
permit or exemption is subject have not
been contravened by the permit holder,
28
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 21
affected person, exempt person or other
person.
(3) A permit holder, affected person, exempt
person or other person is not entitled to
compensation for the destruction of, or
damage to, a plant or thing suffered as a
result of an inspection under section 20 if
the Minister is satisfied that the
inspection established that this Act or a
condition to which the permit or
exemption is subject has been
contravened by the permit holder,
affected person, exempt person or other
person.
(4) A claim for compensation is to be made
to the Minister in the first instance within
one year after the day on which the
inspection occurred.
(5) Compensation payable under this section
in relation to the destruction of, or
damage to, a plant may not exceed the
farm gate value of the plant.
21. Part 5: Heading amended
Part 5 of the Principal Act is amended by
inserting in the heading to that Part "OR
THING CONTAINING GMO" after "GMO".
29
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Act No. of
s. 22
22. Section 26 amended (Order for destruction of GMO
or thing containing GMO)
Section 26 of the Principal Act is amended as
follows:
(a) by inserting "or a thing that contains a
GMO" after "a GMO";
(b) by omitting from paragraph (a) "GMO;"
and substituting "GMO or thing;";
(c) by inserting in paragraph (b) "or thing"
after "GMO".
23. Section 27 amended (Destruction of GMO or thing
containing GMO)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by inserting in subsection (2)(a) "or thing
containing a GMO" after "GMO";
(c) by omitting from subsection (2)(b)
"holder or a responsible person to
destroy the GMO" and substituting
"holder, affected person, exempt person
or person apparently in charge of the
GMO or thing containing a GMO to
destroy the GMO or thing";
30
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 23
(d) by omitting from subsection (2)(c)
"GMO;" and substituting "GMO or thing
containing a GMO;";
(e) by omitting from subsection (2)(d)
"GMO," and substituting "GMO or thing
containing a GMO,";
(f) by inserting in subsection (3) "or thing
containing a GMO" after "a GMO";
(g) by omitting from subsection (3) "holder
or the responsible person." and
substituting "holder, affected person,
exempt person or person apparently in
charge of the GMO or thing.";
(h) by omitting from subsection (6) "holder
or a responsible person" and substituting
"holder, affected person, exempt person
or person apparently in charge of any
GMO or thing containing a GMO";
(i) by inserting in subsection (6) "or thing"
after "destroying the GMO";
(j) by inserting in subsection (6) "or thing"
after "destroys the GMO";
(k) by omitting from subsection (6) "GMO."
and substituting "GMO or thing.";
(l) by omitting from subsection (7) "holder
or the responsible person." and
substituting "holder, affected person,
exempt person or person apparently in
31
Genetically Modified Organisms Control Amendment Act 2007
Act No. of
s. 24
charge of the GMO or thing containing a
GMO.";
(m) by omitting from subsection (8) "holder
or the responsible person" and
substituting "holder, affected person,
exempt person or person apparently in
charge of the GMO or thing containing a
GMO";
(n) by omitting from subsection (9) "holder
or the responsible person" and
substituting "holder, affected person,
exempt person or person apparently in
charge of the GMO or thing containing a
GMO".
24. Section 28 substituted
Section 28 of the Principal Act is repealed and
the following section is substituted:
28. Compensation relating to destruction of
GMO or thing containing GMO
(1) In this section
"farm gate value", in relation to a
plant, means the price at which
the plant could reasonably be
expected to have been sold by its
primary producer if not destroyed
under a destruction order.
(2) A permit holder, affected person, exempt
person or other person may be entitled to
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compensation for the destruction of a
GMO or a thing containing a GMO under
a destruction order if the destruction was
for a reason other than that the permit
holder, affected person, exempt person or
other person committed an offence under
this Act.
(3) A permit holder, affected person, exempt
person or other person is not entitled to
any compensation for the destruction of a
GMO or a thing containing a GMO under
a destruction order if the destruction was
a consequence of the permit holder,
affected person, exempt person or other
person committing an offence under this
Act.
(4) A claim for compensation is to be made
to the Minister in the first instance within
one year after the day on which the
inspection occurred.
(5) Compensation payable under this section
in relation to the destruction of a plant
may not exceed the farm gate value of
the plant.
25. Parts 5A and 5B inserted
After section 28 of the Principal Act, the
following Parts are inserted:
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PART 5A DISCIPLINARY ACTION
28A. Disciplinary action
(1) In this section
"disciplinary action" means any one
or more of the following:
(a) the issuing of a letter of
censure;
(b) the imposition of a fine
not exceeding 20 penalty
units;
(c) the amendment of a
permit or exemption;
(d) the suspension of a permit
or exemption;
(e) the cancellation or
revocation of a permit or
exemption.
(2) Subject to this section, the Secretary may
take disciplinary action if satisfied
(a) that a permit holder, affected
person or exempt person has
contravened this Act; or
(b) of any other prescribed matter.
(3) The Secretary may not take disciplinary
action, other than the issue of a letter of
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censure, without first allowing the permit
holder, affected person or exempt person
an opportunity to make submissions in
relation to the matter and considering any
submissions so made.
(4) A letter of censure may direct the permit
holder, affected person or exempt person
to take the action specified in the letter
for the purposes of rectifying any matter
giving rise to the letter of censure and
may direct that the action be taken within
a period specified in the letter.
(5) A permit holder, affected person or
exempt person must comply with a
direction given in a letter of censure
within the period specified in the letter of
censure.
(6) On determining whether or not to take
disciplinary action under this section, the
Secretary must notify the permit holder,
affected person or exempt person in
writing as to whether or not disciplinary
action is being taken and, if so, what
disciplinary action is being taken.
(7) The cancellation, revocation, suspension
or amendment of a permit or exemption,
or the amendment of the conditions to
which a permit or exemption is subject,
takes effect on the day the permit holder
or exempt person receives the notice
given under subsection (6) or on a later
day specified in that notice.
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(8) The Secretary may at any time terminate
or reduce a period of suspension.
(9) The Secretary is to notify, in writing,
each affected person
(a) of the cancellation, suspension or
amendment of a permit in the
taking of disciplinary action
against the permit holder; and
(b) of the termination or reduction of
the period of the suspension of a
permit which was imposed in
taking disciplinary action against
the permit holder.
(10) A fine imposed under this section may be
recovered as a debt due to the Crown.
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PART 5B IMPORTATION AND QUARANTINE OF
GMO
Division 1 Interpretation of Part
28B. Interpretation of Part
In this Part
"responsible person", in relation to a
GMO or thing containing or that
may contain a GMO, includes, if
appropriate
(a) a permit holder; and
(b) an affected person; and
(c) an exempt person; and
(d) the person in whose
baggage or goods the
GMO or thing is found
when examined under
section 28J; and
(e) the person apparently in
possession or in charge of
the GMO or thing; and
(f) the person apparently in
possession or in charge of
the GMO or thing before
it is seized or removed to,
or placed in, an approved
quarantine place; and
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(g) the person who would
take possession or charge
of the thing were it
released from the custody
of the Secretary after
being so seized or from
the approved quarantine
place; and
(h) the person who would
take possession or charge
of the GMO or thing on
its importation into the
State.
Division 2 Importation of GMO
28C. Conditions on importation of thing
containing GMO
(1) The Secretary, by public notice, may
impose any conditions on the importation
into the State of a thing, or a thing of a
class, which the Secretary reasonably
believes may contain a GMO if the
Secretary considers it necessary to do so
to prevent a GMO being introduced into
a GMO-free area.
(2) If a person imports into the State a thing,
or a thing of a class, in respect of which
the Secretary has imposed conditions
under subsection (1), the person must
comply with those conditions.
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Penalty: Fine not exceeding 200 penalty
units.
Division 3 Quarantine of thing containing GMO
28D. Declaration of approved quarantine place
(1) The Secretary, at his or her own
discretion or on granting an application
under section 28E, may declare a place to
be an approved quarantine place.
(2) The Secretary may only declare a place
to be an approved quarantine place if
satisfied that the place is suitable to be
used for the purposes of examining and
quarantining things that contain or may
contain a GMO.
(3) A declaration
(a) is to identify the place which is
declared to be an approved
quarantine place; and
(b) is to specify the period during
which the declaration is in force;
and
(c) is to specify the purposes for
which the approved quarantine
place may be used; and
(d) may specify any conditions and
restrictions on the use of the
approved quarantine place that
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the Secretary considers
appropriate; and
(e) may provide for any other matter
relating to the operation of the
approved quarantine place that
the Secretary considers
appropriate.
(4) The Secretary may amend or revoke a
declaration of an approved quarantine
place.
28E. Application for approval of place as
approved quarantine place
(1) A person may apply to the Secretary for
a place to be declared an approved
quarantine place.
(2) An application is to
(a) be in a form approved by the
Secretary; and
(b) specify the place to which the
application relates; and
(c) specify the purposes for which
the place will be used if the
application is granted; and
(d) be accompanied by any
prescribed fee.
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(3) The Secretary may require the applicant
to provide any further information the
Secretary considers relevant.
(4) On receipt of an application, the
Secretary may
(a) grant the application; or
(b) refuse to grant the application.
(5) On determining an application, the
Secretary is to notify the applicant, in
writing, of that determination.
28F. Operation of approved quarantine place
Unless authorised by an authorised
officer or a declaration of approved
quarantine place, a person must not
(a) enter or leave an approved
quarantine place; or
(b) take anything into or out of an
approved quarantine place.
Penalty: Fine not exceeding 100 penalty
units.
28G. Examination and treatment of thing in
approved quarantine place, &c.
(1) An authorised officer may examine a
thing removed to or placed in an
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approved quarantine place to determine
whether or not it contains a GMO.
(2) If an authorised officer reasonably
believes that a thing removed to or
placed in an approved quarantine place
contains a GMO, the authorised officer is
to arrange for it to be treated or
destroyed, or for other measures to be
taken, as he or she considers appropriate.
(3) An authorised officer may require the
responsible person for a thing being
examined or treated, or in respect of
which other measures are being taken, in
an approved quarantine place to provide
any assistance the authorised officer
requires.
(4) A responsible person for a thing must
comply with a requirement made by an
authorised officer under subsection (3).
Penalty: Fine not exceeding 100 penalty
units.
(5) An authorised officer may only arrange
for, or require, the destruction of a thing
that has a value greater than $500 or, if
another value is prescribed, that
prescribed value with the written consent
of the Secretary.
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28H. Certificate of release
An authorised officer may issue a
certificate authorising the release of a
thing removed to or placed in an
approved quarantine place from the
approved quarantine place if satisfied
that
(a) the thing
(i) does not contain a GMO;
or
(ii) has been treated, or
otherwise has had
measures taken in respect
of it, so as not to pose a
threat to a GMO-free
area; and
(b) all applicable fees and charges
relating to the examination and
treatment of, or the taking of
measures in respect of, the thing
have been paid.
Division 4 Powers of authorised officers
28I. Inspections
If an authorised officer reasonably
suspects that a GMO or a thing
containing or that may contain a GMO
may have been, or is likely to be,
imported into the State in contravention
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of this Act, the authorised officer may at
any reasonable time
(a) enter, remain in and inspect any
premises or area, other than
premises that are a residence, in
which the authorised officer
reasonably suspects that
(i) the GMO or thing
containing, or that may
contain, a GMO may be;
or
(ii) any document relating to
the importation into the
State of the GMO or thing
containing, or that may
contain, a GMO may be
kept; and
(b) stop any vehicle; and
(c) search any premises or area
lawfully entered, and break open
and search any cupboard,
package or other container in the
premises or area, for the presence
of the GMO or thing containing,
or that may contain, a GMO; and
(d) dismantle any thing if the
authorised officer considers it
necessary to do so for the purpose
of determining whether or not a
GMO or thing containing, or that
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s. 25
may contain, a GMO is present;
and
(e) search any person in or on any
premises or area lawfully entered
if the authorised officer
reasonably believes the GMO or
thing containing, or that may
contain, a GMO is on the person;
and
(f) examine, seize, make copies of or
take extracts from any document
in or on any premises or area
lawfully entered; and
(g) take photographs, films, video
recordings, audio recordings and
other recordings in any premises
or area lawfully entered; and
(h) operate mechanical, electrical and
electronic equipment in any
premises or area lawfully entered;
and
(i) undertake examinations,
including destructive tests, in any
premises or area lawfully entered
for the purpose of determining
whether or not the GMO or thing
containing, or that may contain, a
GMO is present; and
(j) in any premises or area lawfully
entered, exercise any other power
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s. 25
an authorised officer may
exercise under this Part.
28J. Examining baggage and goods entering State
(1) An authorised officer may examine and
search baggage and other goods entering
the State if the officer reasonably
believes that
(a) a GMO or thing containing, or
that may contain, a GMO has
been or may have been imported
into the State in contravention of
this Part; or
(b) it is necessary to do so to prevent
a GMO being introduced to a
GMO-free area.
(2) For the purposes of an examination, an
authorised officer may
(a) require a person entering the
State to submit his or her baggage
or goods for examination; and
(b) open the baggage or goods; and
(c) open any package or other
container in the baggage or
goods; and
(d) dismantle any thing if the
authorised officer considers it
necessary to do so for the purpose
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s. 25
of determining whether or not a
GMO or thing containing, or that
may contain, a GMO is present;
and
(e) examine, seize, make copies of or
take extracts from any document
in, on or accompanying the
baggage or goods; and
(f) take photographs, films, video
recordings, audio recordings and
other recordings in relation to the
examination; and
(g) operate mechanical, electrical and
electronic equipment in relation
to the examination or which
comprises or is in, on or
accompanying the baggage or
goods; and
(h) undertake examinations,
including destructive tests, for the
purpose of determining whether
or not a GMO or thing
containing, or that may contain, a
GMO is present in or on the
baggage or goods; and
(i) exercise any other power an
authorised officer may exercise
under this Part.
(3) If on conducting an examination the
authorised officer discovers a thing he or
she reasonably believes is a GMO or a
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s. 25
thing he or she reasonably believes
contains or may contain a GMO, the
authorised officer may do any one or
more of the following:
(a) remove the thing to, or place the
thing in, an approved quarantine
place;
(b) require the person to remove the
thing to, or place the thing in, an
approved quarantine place;
(c) exercise any other power an
authorised officer may exercise
under this Part.
(4) A person must comply with a
requirement made under subsection (3).
Penalty: Fine not exceeding 50 penalty
units.
(5) On convicting a person of an offence
under subsection (4), in addition to or
instead of imposing a penalty the court
may order the person to comply with the
requirement.
28K. Samples
When performing or exercising any
functions or powers under this Part, an
authorised officer may
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(a) take samples from, or specimens
of, a thing that the authorised
officer reasonably suspects is a
GMO or may contain a GMO;
and
(b) submit a sample or specimen
taken under paragraph (a) for
examination at a laboratory
approved by the Secretary.
28L. Seizure
(1) When performing or exercising any
functions or powers under this Part, an
authorised officer may seize
(a) a GMO or thing that the
authorised officer reasonably
believes contains or may contain
a GMO that has been imported
into the State in contravention of
this Part; or
(b) a GMO or thing in respect of
which that or another authorised
officer has given a direction to a
person under this Part if that
authorised officer reasonably
believes that the person has not
complied with the direction; or
(c) a document or thing that appears
to indicate that an offence under
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this Part has been or is being
committed.
(2) If an authorised officer, or a police
officer or person assisting an authorised
officer, has seized or otherwise taken
possession of a document, GMO or other
thing under this Part
(a) the Secretary has possession of
the document, GMO or thing
while the Secretary retains it; and
(b) the Secretary may retain the
document, GMO or thing for so
long as is necessary for the
purposes of this Act; and
(c) the authorised officer must
provide written notice of the
seizure or taking of possession as
soon as is reasonably practicable
to
(i) the person from whom the
document, GMO or thing
was seized or taken; or
(ii) the person who would be
entitled to possession of it
if it were not in the
possession of the
Secretary; and
(d) on the request of a person who
would be entitled to possession of
the document if it were not in the
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possession of the Secretary, the
Secretary must provide that
person with a copy of the
document certified by the
Secretary to be a true copy; and
(e) the Secretary may release the
document, GMO or thing, subject
to any conditions the Secretary
considers appropriate, to the
person entitled to possession of it.
(3) Without the written permission of the
Secretary, a person must not interfere
with or remove from the possession of
the Secretary a document, GMO or other
thing seized by an authorised officer,
police officer or person assisting an
authorised officer under this Part.
Penalty: Fine not exceeding 100 penalty
units.
(4) A copy of a document certified by the
Secretary to be a true copy is to be
received in all courts and elsewhere as if
it were the original document.
28M. Treatment, &c., of GMO or thing containing
GMO
(1) If an authorised officer, when performing
or exercising any functions or powers
under this Part, reasonably believes that
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(a) a GMO has been imported into
the State in contravention of this
Part; or
(b) a thing contains or may contain a
GMO and has been imported into
the State in contravention of this
Part
the authorised officer may arrange for the
GMO or thing to be treated or destroyed,
or for other measures to be taken, as he
or she considers appropriate.
(2) Without limiting subsection (1), the
authorised officer may arrange for
measures to be taken in respect of the
GMO or thing by arranging for one or
more of the following:
(a) the isolation of the GMO or
thing;
(b) the tagging or marking of the
GMO or thing for the purposes of
identification;
(c) the return of the GMO or thing to
the place from where it came.
(3) An authorised officer may only arrange
for the destruction of a thing that has a
value greater than $500 or, if another
value is prescribed, that prescribed value
with the written consent of the Secretary.
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28N. Authorised officer may give directions
(1) When performing or exercising, or as a
result of the performance or exercise of,
any functions or powers under this Part
in relation to a GMO or thing containing,
or that may contain, a GMO, an
authorised officer may give written
directions to one or more of the
following persons:
(a) the responsible person for the
GMO or thing;
(b) a person who is apparently in
charge of the premises or area
inspected;
(c) a person apparently employed by
the responsible person for the
GMO or thing or in the premises
or area inspected;
(d) the operator of, or a person who
is apparently in charge of or
employed in, an approved
quarantine place.
(2) Without limiting the directions that may
be given under subsection (1), those
directions may include directions
directing the person to whom they are
given to take any actions or measures to
ensure that
(a) a contravention of this Part; or
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(b) a contravention of a condition or
restriction to which the
importation into the State of a
GMO or thing, or a permit or
exemption, is subject
does not occur or does not continue to
occur.
(3) A person given a direction under
subsection (1) must comply with the
direction.
Penalty: Fine not exceeding 50 penalty
units.
(4) On convicting a person of an offence
under subsection (3), in addition to or in
instead of imposing a penalty the court
may order the person to comply with the
direction in respect of which the offence
was committed.
28O. Requiring assistance of responsible person,
&c.
(1) If an authorised officer when performing
or exercising any functions or powers
under this Part becomes aware of a thing
that he or she reasonably believes is,
contains or may contain a GMO, the
authorised officer may require a person
to whom the authorised officer may give
directions under section 28N(1) to do one
or more of the following:
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(a) provide any assistance the
authorised officer requires in
relation to the removal of the
thing to, or the placement of the
thing in, an approved quarantine
place;
(b) remove the thing to, or place the
thing in, the approved quarantine
place specified in the requirement
in accordance with any conditions
specified in the requirement.
(2) A person must comply with a
requirement made under subsection (1).
Penalty: Fine not exceeding 100 penalty
units.
28P. Requiring information
(1) When performing or exercising any
functions or powers under this Part, an
authorised officer may require a person
to whom the authorised officer may give
directions under section 28N(1) to
(a) provide the authorised officer
with his or her name and address;
and
(b) answer any question that the
authorised officer considers
relevant; and
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(c) provide as directed a document,
or a copy of a document, that is in
the person's possession or control
and that the authorised officer
considers relevant; and
(d) otherwise provide information
that the person has access to and
that the authorised officer
considers relevant.
(2) A person must comply with a
requirement made under subsection (1)
unless the person has a reasonable excuse
for not doing so.
Penalty: Fine not exceeding 50 penalty
units.
(3) On convicting a person of an offence
under subsection (2), in addition to or
instead of imposing a penalty the court
may order the person to provide the
answer, other information or document in
respect of which the offence was
committed.
28Q. General assistance and facilities
(1) If an authorised officer considers it
necessary for the performance or exercise
of any functions or powers under this
Part, the authorised officer may require
any person
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(a) to give reasonable assistance to
the authorised officer; and
(b) to provide for the use of the
authorised officer any facilities
that
(i) the authorised officer
considers necessary for
the safe, effective and
efficient performance or
exercise of those
functions or powers; and
(ii) are reasonable to be
provided by the person;
and
(iii) are in the possession or
control of the person.
(2) A person must comply with a
requirement made under subsection (1).
Penalty: Fine not exceeding 50 penalty
units.
28R. Authorised officer may have assistants
(1) When performing or exercising any
functions or powers under this Part, an
authorised officer may be assisted by
such police officers or other persons as
the authorised officer considers
appropriate.
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(2) A police officer or other person assisting
an authorised officer has the same
powers under this Part as the authorised
officer has.
28S. Use of force
When performing or exercising any
functions or powers under this Part, an
authorised officer may use any
reasonable force necessary in the
circumstances.
28T. Authorised officer to show identification
If, when an authorised officer proposes to
perform or exercise, or performs or
exercises, any functions or powers under
this Part, a person to whom the
authorised officer may give directions
under section 28N(1) requests that the
officer produce identification
(a) the officer must produce his or
her identification as an authorised
officer to that person; and
(b) the officer may not perform or
exercise, or continue to perform
or exercise, any functions or
powers under this Act until he or
she has so produced that
identification.
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28U. Warrant to enter premises
(1) An authorised officer may apply to a
magistrate for a warrant if
(a) a person refuses to allow an
authorised officer to enter, remain
in and inspect premises or an area
and the authorised officer on
reasonable grounds believes that
the premises or area contains or
may contain a GMO or thing in
respect of which an offence under
this Part is being or has been
committed or a document relating
to the importation into the State
of such a GMO or thing; or
(b) the authorised officer on
reasonable grounds believes that
a residence contains or may
contain a GMO or thing in
respect of which an offence under
this Part is being or has been
committed or a document relating
to the importation into the State
of such a GMO or thing.
(2) On receipt of an application under
subsection (1), a magistrate may issue a
warrant if satisfied, by information on
oath
(a) that a person has refused to allow
an authorised officer to enter,
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remain in and inspect the
premises or area; or
(b) that the authorised officer has
reasonable grounds for the belief
referred to in that subsection in
relation to the residence.
(3) A warrant authorises an authorised
officer and such police officers and other
assistants as the authorised officer
considers appropriate, using such force
as is reasonable
(a) to enter, remain in and inspect the
premises, area or residence
specified in the warrant; and
(b) to perform and exercise any
functions and powers in the
premises, area or residence that
the authorised officer, police
officers and assistants may
perform and exercise in, or in
respect of, any premises, area or
residence lawfully entered under
this Part.
(4) An application for a warrant
(a) may be in a written form
approved and provided by the
Secretary; or
(b) if the justice is satisfied that the
circumstances are urgent or that
the delay resulting from a written
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application would frustrate the
effective execution of the
warrant, may be made by
telephone, telex, facsimile, email
or other electronic means.
(5) Section 15 of the Search Warrants Act
1997 applies, with necessary
modifications and adaptations, in respect
of an application under this section and a
warrant issued as a result of such an
application.
(6) A person must not refuse to allow an
authorised officer or any police officer or
other person assisting the authorised
officer to enter, remain in and inspect
any premises, area or residence when
authorised by a warrant under this
section.
Penalty: Fine not exceeding 10 penalty
units.
26. Section 29A inserted
After section 29 of the Principal Act, the
following section is inserted in Part 6:
29A. False or misleading statements
A person must not, in giving any
information under this Act
(a) make a statement knowing it to
be false or misleading; or
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(b) omit any matter from a statement
knowing that without that matter
the statement is false or
misleading; or
(c) provide a document that the
person knows to be false or
misleading without informing the
person to whom the document is
provided of that knowledge.
Penalty: Fine not exceeding 30 penalty
units.
27. Section 30 substituted
Section 30 of the Principal Act is repealed and
the following section is substituted:
30. Review of decisions
(1) In this section
"personal exemption" means an
exemption granted under
section 19(4).
(2) A person aggrieved by any of the
following decisions of the Secretary may
apply to the Magistrates Court
(Administrative Appeals Division) for a
review of that decision:
(a) the refusal to grant a permit or
personal exemption;
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(b) the refusal to renew a permit;
(c) the imposition of a condition to
which a permit or personal
exemption is subject;
(d) the amendment of a permit or
personal exemption, including the
amendment of any conditions to
which the permit or personal
exemption is subject;
(e) the cancellation or suspension of
a permit or personal exemption;
(f) a prescribed decision.
Government Printer, Tasmania 63