Victorian Consolidated Legislation

Control of Genetically Modified Crops Act 2004 - SECT 14

Inspection powers under the Gene Technology Act 2001

14. Inspection powers under the Gene Technology Act 2001



(1) The following provisions of Part 11 of the Gene Technology Act 2001 apply
for the purposes of this Act as though they were incorporated into this Act-



   (a)  Divisions 3 and 4;

   (b)  Division 7, other than sections 159 and 162(2)(a) and (b);

   (c)  Division 9, other than section 169(2)(c);

   (d)  Division 10;

   (e)  Division 11, other than section 177.

(2) Any definitions in the Gene Technology Act 2001 of terms used in those
provisions also apply for the purposes of this Act as though they were
incorporated into this Act.

(3) Those provisions and definitions apply as though-

(a) a reference to "inspector" were instead a reference to "authorised
officer"; and

(b) a reference to "GMO" in section 153(1)(b) of the Gene Technology Act 2001
were instead a reference to "GM crop"; and

(c) a reference to "the Regulator" in section 163(2) of that Act were instead
a reference to "the Crown"; and

(d) a reference to "the Regulator" in sections 169(3) and 171 of that Act were
instead a reference to "the Secretary to the Department"; and

   (e)  the penalty in section 175 of that Act were instead a penalty of 120
        penalty units; and

   (f)  any other necessary modifications were made.





(4) In addition, sections 152 and 153 of the Gene Technology Act 2001 apply as
though the grounds on which an authorised officer may enter premises and
exercise powers under those sections included for the purpose of determining
whether there is a risk to a market from the presence on the premises of a
GM crop, GMO or of GM crop related material.