New South Wales Consolidated Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 8

8 Exemptions from operation of section 6

(1) The Minister may by order published in the Gazette (an
"exemption order" ) confer exemptions from the operation of section 6 to permit the cultivation of a licensed GM food plant for the principal purpose of conducting experiments.

(6) An exemption may be conferred so as to apply to a specified person or class of persons or within a specified area or in any other specified way. An exemption may be conferred subject to conditions or unconditionally.

(6A) Without limiting subsection (6), an exemption order may be subject to conditions that relate to one or more of the following--

(a) the handling, storage, transport or other use (including destruction or disposal) of any GM food plant that is permitted to be cultivated by the exemption order,

(b) the ongoing use or monitoring of any land on which any such plant has been cultivated.

(6C) A person who cultivates, or has cultivated, a GM food plant as permitted by an exemption order must not, without reasonable excuse, contravene, or cause or permit any other person to contravene, any condition to which the exemption order is subject.

: Maximum penalty--in the case of a corporation, 1,250 penalty units or, in any other case, 500 penalty units or imprisonment for 2 years, or both.

(6D) A person cannot be prosecuted for both an offence against subsection (6C) and an offence against section 7 in relation to the same act or omission.

(7) The cultivation of a GM food plant as permitted by an exemption order is not prohibited by section 6.

Editorial note : For exemption orders published under this section, see Gazette No 147 of 1.12.2005, pp 9857, 9858. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.