South Australian Numbered Acts

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GENETICALLY MODIFIED CROPS MANAGEMENT ACT 2004 (NO 8 OF 2004) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Interim controls

        (1)         Subsections (3) and (8) of section 5 do not apply with respect to a regulation that comes into operation on the day on which that section comes into operation.

        (2)         A regulation under section 5 that comes into operation in the manner contemplated by subclause (1) will, unless it has already expired or been revoked, expire on the third anniversary of the commencement of this Act.

        (3)         Subsection (3) of section 6 does not apply with respect to an exemption that comes into operation on the day on which that section comes into operation.

2—Crops established before commencement of Act

        (1)         A regulation, declaration or determination under this Act may apply to or in relation to a crop or any GM related material planted or in existence before the commencement of this Act.

        (2)         However, a regulation within the ambit of subclause (1) cannot impose a criminal liability on a person with respect to an act or omission occurring before the making of the regulation (but this subclause does not operate with respect to a continuing act or omission after the making of the regulation).

3—Other provisions

        (1)         The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

        (2)         A provision of a regulation under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

        (3)         To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

            (a)         decreasing the person's rights; or

            (b)         imposing liabilities on the person.



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