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GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 32A
Special protection from liability for spread of GM food plants
32A Special protection from liability for spread of GM food plants
(1) If-- (a) a GM food plant is present on any land, and
(b) the existence of
the GM food plant on the land is attributable to the spread, dissemination or
persistence of the GM food plant, and
(c) the original introduction of that
GM food plant to the land was not knowingly undertaken by or on behalf of any
person who is, or who has been, an owner or occupier of the land,
no action
may be brought in a New South Wales court or under a New South Wales law
against a person who is an owner or occupier of the land on account of the
fact that the GM food plant is present on the land or that the person has
dealt with the GM food plant.
(2) Subsection (1) does not apply if the
relevant court is satisfied-- (a) that a person who is an owner or occupier of
the relevant land has deliberately dealt with a crop knowing that
GM food plant was present in order to gain a commercial benefit, and
(b)
that, in the interests of justice, another person's rights with respect to
that GM food plant should be recognised or protected.
(3) This section
extends to any case where a GM food plant was present on land before the
commencement of this section.
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