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GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 40)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
this Act
Gene Technology (GM Crop Moratorium) Amendment Act 2004
Gene Technology (GM Crop Moratorium) Amendment Act 2007
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on the enactment of this Act

2 Matter occurring before moratorium order made

A moratorium order extends to plants that were planted before the making of the order, including plants that were planted before the date of assent to this Act, however, an act or omission occurring before the making of the order does not constitute an offence in relation to that order.

Part 3 - Provisions consequent on enactment of Gene Technology (GM Crop Moratorium) Amendment Act 2004

3 Conditions imposed on exemption orders

(1) Section 8 (6C), as inserted by the Gene Technology (GM Crop Moratorium) Amendment Act 2004 , does not apply to a condition imposed on an exemption order before the commencement of that Act.
(2) Nothing in subclause (1) affects any prosecution under section 7 in relation to a breach of a condition that was imposed on an exemption order before the commencement of that Act.

Part 4 - Provisions consequent on enactment of Gene Technology (GM Crop Moratorium) Amendment Act 2007

4 Definition

In this Part--

"amending Act" means the Gene Technology (GM Crop Moratorium) Amendment Act 2007 .

5 Former members of the Advisory Council

(1) The Advisory Council established under section 13 as in force immediately before its substitution by the amending Act is taken, on that substitution, to be the Expert Committee.
(2) Subject to section 13, the members that constituted the Advisory Council hold office as members of the Expert Committee for the remainder of the term for which they were appointed as members of the Advisory Council.
(3) Subject to section 13, the person who held office as the independent chairperson of the Advisory Council immediately before the substitution of section 13 by the amending Act is taken to be the independent chairperson of the Expert Committee.

6 Orders

(1) The moratorium orders made under section 6, as in force immediately before its substitution by the amending Act, are repealed on that substitution.
(2) Exemption orders Numbers 7 and 8 (published in Government Gazette No 147 of 1.12.2005 at pages 9857 and 9858, respectively) are taken, on the amendment of section 8 (1) by the amending Act, to have been made under section 8 (1) as amended and to permit the cultivation of the exempt GM food plants concerned subject to the conditions specified in the orders.



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