GENE TECHNOLOGY ACT 2003 (NO. 57 OF 2003)

Australian Capital Territory Numbered Acts

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GENE TECHNOLOGY ACT 2003 (NO. 57 OF 2003)

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Name of Act etc
2. Commencement
3. Object of Act
4. Regulatory framework to achieve object
5. Nationally consistent scheme
6. Act to bind the Crown
7. External Territories
8. Offences against Act—application of Criminal Code etc
8A. Numbering
8B. Notes
8C. Outlines

PART 2--INTERPRETATION AND OPERATION OF ACT

Division 2.1--Simplified outline of part 2

9. Simplified outline—pt 2

Division 2.2--Interpretation

10. Dictionary etc
11. Meaning of intentional release of a GMO into the environment
12. Meaning of corresponding State law

Division 2.3--Operation of Act

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

Division 2.4--Provisions to facilitate a nationally consistent scheme

Subdivision 2.4.1--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 2.4.2--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--GENE TECHNOLOGY REGULATOR

25. Simplified outline—pt 3
26. Gene technology regulator
27. Functions of regulator
28. Powers of regulator
29. Delegation
30. Independence of regulator

PART 4--REGULATION OF DEALINGS WITH GMOS

Division 4.1--Simplified outline of part 4

31. Simplified outline—pt 4

Division 4.2--Dealings with GMOs must be licensed

32. Person not to deal with GMO without licence
33. Person not to deal with GMO without licence—strict liability
34. Person must not breach conditions of GMO licence
35. Person must not breach conditions of GMO licence—strict liability
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

PART 5--LICENSING SYSTEM

Division 5.1--Simplified outline of part 5

39. Simplified outline—pt 5

Division 5.2--Licence applications

40. Person may apply for a licence
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 Application may be withdrawn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

Division 5.3--Initial consideration of licences for dealings not involving intentional release of GMO into environment

46. Applications to which div 5.3 applies
47. What regulator must do in relation to application

Division 5.4--Initial consideration of licences for dealings involving intentional release of GMO into environment

48. Applications to which div 5.4 applies
49. Dealings that may pose significant risks to health and safety of people or
50. Regulator must prepare risk assessment and risk management plan
51. Matters regulator must take into account in preparing risk assessment and risk
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 5.5--Decision on licence application

55. Regulator must make a decision on licence and licence conditions
56. Regulator must not issue the licence unless satisfied as to risk
57. Other circumstances in which regulator must not issue the licence
58. Matters to be taken into account in deciding whether person is suitable to hold
59. Notification of licence decision
60. Period of licence

Division 5.6--Conditions of licences

61. Licence is subject to conditions
62. Conditions that may be prescribed or imposed
63. Condition about telling people of obligations
64. Condition about monitoring and audits
65. Condition about additional information to be given to regulator
66. Person may give information to regulator
67. Protection of persons who give information

Division 5.7--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 5.8--Annual charge

72A. GMO licence—annual charge

PART 6--REGULATION OF NOTIFIABLE LOW RISK DEALINGS ON GMO REGISTER

Division 6.1--Simplified outline of part 6

73. Simplified outline—pt 6

Division 6.2--Notifiable low risk dealings

74. Notifiable low risk dealings
75. Regulation of notifiable low risk dealings

Division 6.3--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 7.1--Simplified outline of part 7

82. Simplified outline—pt 7

Division 7.2--Certification

83. Application for certification
84. When regulator may certify 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
90. Guidelines

Division 7.3--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--GENE TECHNOLOGY TECHNICAL ADVISORY COMMITTEE, GENE TECHNOLOGY COMMUNITY CONSULTATIVE COMMITTEE AND GENE TECHNOLOGY ETHICS COMMITTEE

Division 8.1--Simplified outline of part 8

99. Simplified outline—pt 8

Division 8.2--Gene technology technical advisory committee

100. Gene technology technical advisory committee
101. Function of gene technology technical advisory committee
102. Expert advisers
103. Remuneration
104. Members and procedures
105. Subcommittees

Division 8.3--Gene technology community consultative committee

106. Gene technology community consultative committee
107. Function of consultative committee
108. Membership
109. Remuneration
110. Regulations
110A. Subcommittees

Division 8.4--Gene technology ethics committee

111. Gene technology ethics committee
112. Function of gene technology ethics committee
113. Expert advisers
114. Remuneration
115. Members and procedures
116. Subcommittees

PART 9--ADMINISTRATION

Division 9.1--Simplified outline of part 9

117. Simplified outline—pt 9

Division 9.2--Appointment and conditions of regulator

118. Appointment of 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 9.3--Money

127. Regulator may charge for services
128. Notional payments
129. Gene technology account
130. Credits to gene technology account
131. Recovery of amounts
132. Purposes of account

Division 9.4--Staffing

133. Staff assisting regulator
134. Consultants
135. Seconded officers

Division 9.5--Reporting requirements

136. Annual report
136A. Quarterly reports
137. Reports to Legislative Assembly

Division 9.6--Record of GMO and GM product dealings

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

Division 9.7--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—pt 10
146. Regulator may give directions
147. Injunctions
148. Forfeiture

PART 11--POWERS OF INSPECTION

Division 11.1--Simplified outline of part 11

149. Simplified outline—pt 11

Division 11.2--Appointment of inspectors and identity cards

150. Appointment of inspectors
151. Identity card

Division 11.3--Monitoring powers

152. Powers available to inspectors for monitoring compliance
153. Monitoring powers

Division 11.4--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 11.5--Expert assistance

157. Expert assistance to operate thing

Division 11.6--Emergency powers

158. Powers available to inspectors for dealing with dangerous

Division 11.7--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 11.8--Power to search goods, baggage and containers and seize goods

164. Power to search goods, baggage etc
165. Seizure of goods

Division 11.9--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. Keeping seized things
170. Magistrates Court may permit thing to be kept
171. Disposal of goods if there is no owner or owner cannot be located

Division 11.10--Warrants

172. Monitoring warrants
173. Offence-related warrants
174. Offence-related warrants by telephone, telex, fax etc
175. Offences relating to warrants

Division 11.11--Other matters

176. Pt 11 not to abrogate privilege against selfincrimination
176A. Damage etc to be minimised
176B. Compensation to be paid in certain circumstances
177. Pt 11 does not limit power to impose licence conditions

PART 12--MISCELLANEOUS

Division 12.1--Simplified outline of part 12

178. Simplified outline—pt 12

Division 12.2--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 Commonwealth administrative appeals
183A. Extended standing for judicial review

Division 12.3--Confidential commercial information

184. Application for protection of confidential commercial information
185. Regulator may declare information is confidential commercial
186. Revocation of declaration
187. Confidential commercial information must not be disclosed

Division 12.4--Conduct by directors, employees and agents

188. Conduct by directors, employees and agents
189. Meaning of terms in s 188

Division 12.5--Transitional provisions

190. Transitional provision—dealings covered by genetic manipulation advisory committee
191. Regulations may relate to transitional matters
191A. Expiry of div 12.5

Division 12.6--Other provisions

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 human uterus
192E. Approved forms
193. Regulation-making power
194. Review of operation of Act
DICTIONARY
ENDNOTES

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