South Australian Numbered Acts

GENETICALLY MODIFIED CROPS MANAGEMENT ACT 2004 (NO 8 OF 2004) - SECT 27

27—Special protection from liability for the spread of genetically modified plant material

        (1)         In this section—

            (a)         "genetically modified plant material" means—

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

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

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

        (2)         If—

            (a)         genetically modified plant material is present on any land; and

            (b)         the existence of the material on the land is attributable to the spread, dissemination or persistence of the material; and

            (c)         the original introduction of such material 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,

then no action may be brought in a South Australian court or under South Australian law against a person who is an owner or occupier of the land on account of the fact—

            (d)         that the material is present on the land; or

            (e)         that the person has dealt with the material.

        (3)         Subsection (2) 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 genetically modified plant material 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 material should be recognised or protected.

        (4)         This section extends to any case where genetically modified plant material was present on land before the commencement of this Act.