GENE TECHNOLOGY (TEMPORARY PROHIBITION) BILL 2002

Short title

1. This Act may be cited as the Gene Technology (Temporary Prohibition) Act 2002.

Commencement

2. This Act will come into operation one month after the day on which it is assented to by the Governor.

Interpretation

3. In this Act—

"deal with", in relation to genetically modified plant material, has a meaning that corresponds to deal with a GMO under the Gene Technology Act 2001;

"genetically modified plant material" or "material" means—

(a)a GMO that is capable of modifying a plant or propagating material; or

(b)a plant or propagating material that is a GMO, or that is derived or produced from a GMO;

"GMO" means a genetically modified organism within the meaning of the Gene Technology Act 2001;

"plant" includes any form of vegetation;

"propagating material" means seed or other material from which a plant can be propagated.

Designation of State as being free of GM plant material

4. (1) It has been resolved by the Parliament that it is necessary and appropriate to impose a broad prohibition on dealings with genetically modified plant material in order to preserve the identity of non-GM crops within the State for marketing purposes.

(2) To that end (but subject to subsection (3)), the whole of the State is designated as a place where a person must not deal with genetically modified plant material.

(3) Subsection (2) does not apply with respect to—

(a)any dealing with genetically modified plant material for the purposes of, or in connection with, research where the material is kept in a secure environment; or

(b)any dealing with the flower commonly known as a carnation; or

(c)any dealing with genetically modified plant material in existence immediately before the day on which this Act comes into operation; or

(d)any dealing with genetically modified plant material that involves the removal or disposal (or removal and disposal) of the material in accordance with—

(i)the terms or conditions of a licence or other authorisation issued or given under the provisions of any other Act or law; or

(ii)a requirement specified by or under the provisions of any other Act or law; or

(iii)a condition specified in the GMO Register within the meaning of the Gene Technology Act 2001; or

(e)any dealing with genetically modified plant material that involves the removal or disposal (or removal and disposal) of material that has escaped into the environment, or entered (in any way) a new part of the environment; or

(f)any dealing with genetically modified plant material that is excluded from the operation of subsection (2) by the regulations.

(4) For the purposes of subsection (3)(a), material will not be taken to be kept in a secure environment unless measures are in place—

(a)to prevent the release of the material into the wider environment; and

(b)to eliminate the possibility of the escape of the material into the wider environment.

(5) Subsection (3)(c) ceases to apply on 1 July 2003 (but not so as to derogate from the operation of subsection (3)(d)).

(6) Subsection (3)(d) only applies to—

(a)genetically modified plant material in existence immediately before the day on which this Act comes into operation; or

(b)genetically modified plant material derived or produced from a GMO in existence immediately before the day on which this Act comes into operation,

(and does not apply so as to derogate from the operation of subsection (3)(a)).

(7) A regulation can only be made under subsection (3)(f) if the Governor is satisfied that the dealing to which the regulation relates will not adversely affect the preservation of the identity of non‑GM crops within the State for marketing purposes.

Contravention of Act

5. (1) A person who acts in contravention of section 4(2) is guilty of an offence.

Maximum penalty:$250 000.

(2) It is irrelevant for the purposes of subsection (1) that the act that constitutes the contravention is authorised under the terms of a licence or other authorisation, or by or under the provisions of any other Act or law.

Sunset provision

6. (1) This Act expires 5 years after its commencement unless the period of its operation has been extended under subsection (3).

(2) If the period of the operation of this Act has been extended under subsection (3), this Act expires at the end of the last period of extension.

(3) Within 3 months before this Act is due to expire under subsection (1) or (2), the Governor may, by proclamation, extend the period of its operation by a further 2 years.

Regulations

7. The Governor may make regulations for the purposes of this Act.

By Authority: J. D. Ferguson, Government Printer, South Australia

South Australian Bills

GENE TECHNOLOGY (TEMPORARY PROHIBITION) BILL 2002