Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 53 of 2001
- Royal Assent 16 July 2001
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Interpretation
4. 4. Meaning of intentional release of a GMO into the environment
5. 5. Purpose and object of Act
6. 6. Regulatory framework to achieve object
7. 7. Nationally consistent scheme
8. 8. Act to bind the Crown
9. 9. Headings and numbers form part of Act
10. 10. Simplified outlines of Parts
PART 2 - Operation of Act Division 1 - Simplified outline
11. 11. Simplified outline
Division 2 - Operation of Act
12. 12. Relationship to other State laws
Division 3 - Provisions to facilitate a nationally consistent scheme
Subdivision 1 - General provisions
13. 13. No doubling-up of liabilities
14. 14. Review of certain decisions
15. 15. Things done for multiple purposes
Subdivision 2 - Policy principles, policy guidelines and codes of
practice
16. 16. Ministerial Council may issue policy principles
17. 17. Ministerial Council may issue policy guidelines
18. 18. Ministerial Council may issue codes of practice
PART 3 - The Gene Technology Regulator
19. 19. Simplified outline
20. 20. Functions of the Regulator
21. 21. Powers of the Regulator
22. 22. Delegation
23. 23. Independence of the Regulator
PART 4 - Regulation of dealings with GMOs Division 1 - Simplified
outline
24. 24. Simplified outline
Division 2 - Dealings with GMOs must be licensed
25. 25. Person not to deal with a GMO without a licence
26. 26. Person not to deal with a GMO without a licence –
strict liability offence
27. 27. Person must not breach conditions of a GMO licence
28. 28. Person must not breach conditions of a GMO
licence – strict liability offence
29. 29. Person must not breach conditions on GMO Register
30. 30. Offence relating to notifiable low risk dealings
31. 31. Aggravated offences – significant damage to health or
safety of people or to the environment
PART 5 - Licensing system Division 1 - Simplified outline
32. 32. Simplified outline
Division 2 - Licence applications
33. 33. Person may apply for a licence
34. 34. Application may be withdrawn
35. 35. Regulator may require applicant to give further information
36. 36. Regulator must consider applications except in certain
circumstances
37. 37. Regulator may consult with applicant
38. 38. 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
39. 39. Applications to which this Division applies
40. 40. 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
41. 41. Applications to which this Division applies
42. 42. Dealings that may pose significant risks to the health and
safety of people or the environment
43. 43. Regulator must prepare risk assessment and risk management
plan
44. 44. Matters Regulator must take into account in preparing risk
assessment and risk management plan
45. 45. Public notification of risk assessment and risk management
plan
46. 46. Regulator may take other actions
47. 47. Person may request copies of certain documents
Division 5 - Decision on licence, &c.
48. 48. Regulator must make a decision on licence and licence
conditions
49. 49. Regulator must not issue the licence unless satisfied as to
risk management
50. 50. Other circumstances in which Regulator must not issue the
licence
51. 51. Matters to be taken into account in deciding whether a
person is suitable to hold a licence
52. 52. Notification of licence decision
53. 53. Period of licence
Division 6 - Conditions of licences
54. 54. Licence is subject to conditions
55. 55. Conditions that may be prescribed or imposed
56. 56. Condition about informing people of obligations
57. 57. Condition about monitoring and audits
58. 58. Condition about additional information to be given to the
Regulator
59. 59. Person may give information to Regulator
60. 60. Protection of persons who give information
Division 7 - Suspension, cancellation and variation of licences
61. 61. Suspension and cancellation of licence
62. 62. Surrender of licence
63. 63. Transfer of licences
64. 64. Variation of licence
65. 65. Regulator to notify of proposed suspension, cancellation or
variation
Division 8 - Annual charge
66. 66. GMO licence – annual charge
Division 9 - Limitation on licence
67. 67. Licence subject to Plant Quarantine Act 1997
67A. 67A. Licence subject to Genetically Modified Organisms Control Act
2004
PART 6 - Regulation of notifiable low risk dealings and dealings on
the GMO Register Division 1 - Simplified outline
68. 68. Simplified outline
Division 2 - Notifiable low risk dealings
69. 69. Notifiable low risk dealings
70. 70. Regulation of notifiable low risk dealings
Division 3 - The GMO Register
71. 71. Contents of GMO Register
72. 72. Regulator may include dealings with GMOs on GMO Register
73. 73. Regulator not to make determination unless risks can be
managed
74. 74. Variation of GMO Register
PART 7 - Certification and accreditation Division 1 - Simplified
outline
75. 75. Simplified outline
Division 2 - Certification
76. 76. Application for certification
77. 77. When the Regulator may certify the facility
78. 78. Regulator may require applicant to give further information
79. 79. Conditions of certification
80. 80. Variation of certification
81. 81. Suspension or cancellation of certification
82. 82. Regulator to notify of proposed suspension, cancellation or
variation
83. 83. Guidelines
Division 3 - Accredited organisations
84. 84. Application for accreditation
85. 85. Regulator may accredit organisations
86. 86. Regulator may require applicant to give further information
87. 87. Conditions of accreditation
88. 88. Variation of accreditation
89. 89. Suspension or cancellation of accreditation
90. 90. Regulator to notify of proposed suspension, cancellation or
variation
91. 91. Guidelines
PART 8 - The Gene Technology Technical Advisory Committee, the Gene
Technology Community Consultative Committee and the Gene Technology
Ethics Committee Division 1 - Simplified outline
92. 92. Simplified outline
Division 2 - The Gene Technology Technical Advisory Committee
93. 93. Function of the Gene Technology Technical Advisory Committee
Division 3 - The Gene Technology Community Consultative Committee
94. 94. Function of Consultative Committee
Division 4 - The Gene Technology Ethics Committee
95. 95. Function of the Gene Technology Ethics Committee
PART 9 - Administration Division 1 - Simplified outline
96. 96. Simplified outline
Division 2 - Money
97. 97. Regulator may charge for services
98. 98. Notional payments by the State
99. 99. Credits to Gene Technology Account
100. 100. Recovery of amounts
Division 3 - Reporting requirements
101. 101. Annual report
102. 102. Quarterly reports
103. 103. Reports to Parliament
Division 4 - Record of GMO and GM Product Dealings
104. 104. Record of GMO and GM Product Dealings
Division 5 - Reviews of notifiable low risk dealings and exemptions
105. 105. Regulator may review notifiable low risk dealings
106. 106. Regulator may review exemptions
107. 107. Regulator may give notice of consideration
108. 108. What Regulator may do after consideration
109. 109. Regulator not required to review matters
PART 10 - Enforcement
110. 110. Simplified outline
111. 111. Regulator may give directions
112. 112. Injunctions
113. 113. Forfeiture
PART 11 - Powers of inspection Division 1 - Simplified outline
114. 114. Simplified outline
Division 2 - Appointment of inspectors and identity cards
115. 115. Appointment of inspectors
116. 116. Identity card
Division 3 - Monitoring powers
117. 117. Powers available to inspectors for monitoring compliance
118. 118. Monitoring powers
Division 4 - Offence-related powers
119. 119. Searches and seizures related to offences
120. 120. Offence-related powers of inspectors in relation to premises
121. 121. Use of equipment at premises
Division 5 - Expert assistance
122. 122. Expert assistance to operate a thing
Division 6 - Emergency powers
123. 123. Powers available to inspectors for dealing with dangerous
situations
Division 7 - Obligations and incidental powers of inspectors
124. 124. Inspector must produce identity card on request
125. 125. Consent
126. 126. Details of warrant to be given to occupier, &c.
127. 127. Announcement before entry
128. 128. Compensation for damage
Division 8 - Power to search goods, baggage, &c.
129. 129. Power to search goods, baggage, &c.
130. 130. Seizure of goods
Division 9 - General provisions relating to search and seizure
131. 131. Copies of seized things to be provided
132. 132. Occupier entitled to be present during search
133. 133. Receipts for things seized
134. 134. Retention of seized things
135. 135. Magistrate may permit a thing to be retained
136. 136. Disposal of goods if there is no owner or owner cannot be
located
Division 10 - Warrants
137. 137. Monitoring warrants
138. 138. Offence-related warrants
139. 139. Offence-related warrants by telephone, telex, fax, &c.
140. 140. Offences relating to warrants
Division 11 - Other matters
141. 141. Part not to abrogate privilege against self-incrimination
142. 142. Part does not limit power to impose licence conditions
PART 12 - Miscellaneous Division 1 - Simplified outline
143. 143. Simplified outline
Division 2 - Review of decisions
144. 144. Meaning of terms
145. 145. Notification of decisions and review rights
146. 146. Internal review
147. 147. Deadlines for making reviewable decisions
148. 148. Review of decisions by Administrative Appeals Tribunal
Division 3 - Confidential commercial information
149. 149. Application for protection of confidential commercial
information
150. 150. Regulator may declare that information is confidential
commercial information
151. 151. Revocation of declaration
152. 152. Confidential commercial information must not be disclosed
Division 4 - Conduct by directors, employees and agents
153. 153. Conduct by directors, employees and agents
154. 154. Meaning of terms
Division 5 - Transitional provisions
155. 155. Transitional provision – dealings covered by Genetic
Manipulation Advisory Committee advice to proceed
156. 156. Regulations may relate to transitional matters
Division 6 - Other
157. 157. False or misleading information or document
158. 158. Interference with dealings with GMOs
159. 159.
160. 160.
161. 161.
162. 162. Attempts to commit offences against Act
163. 163. Administrative functions and powers conferred on Commonwealth
authorities and officers
164. 164. Regulations
165. 165. Review of operation of Act
166. 166. Administration of Act
167. 167.
[ Note: This table has been automatically generated and may be incomplete. ]