Gene Technology Act 2001.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The purpose of this Act is to regulate activities involving gene technology. The object of this Act is to protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs. The object of this Act is to be achieved through a regulatory framework which (aa) provides that where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation; and (a) provides an efficient and effective system for the application of gene technologies; and (b) operates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GMO products.
Part 1 provides for definitions, and provisions to facilitate a nationally consistent scheme, these include general provisions, such as state laws may operate concurrently, the conferral of functions on Commonwealth officers and bodies, and the principle of no doubling-up of liabilities. Subdivision B recognizes that Ministerial Council may issue policy principles, policy guidelines, and codes of practice. Part 3 establishes the Gene Technology Regulator, the discipline, functions and powers. Part 4 regulates dealing with GMOs and prohibits dealings with GMOs unless the person undertaking the dealing is authorised to do so by a GMO licence; or the dealing is specified in an emergency dealing determination; or the dealing is a notifiable low risk dealing (see Division 2 of Part 6); or the dealing is an exempt dealing; or the dealing is included in the GMO Register (see Division 3 of Part 6). The Part imposes heavier penalties on unlawful dealings that cause, or are likely to cause, significant damage to the health and safety of people or to the environment.
Part 5 provides a licensing system under which a person can apply to the Regulator for a licence authorising dealings with GMOs. It sets out the processes to be followed by the Regulator in relation to applications involving 2 kinds of dealings: those that involve the intentional release of a GMO into the environment; and those that do not involve the intentional release of a GMO into the environment. Part 5A concerns emergency dealing determinations, Part 6 regulates notifiable low risk dealings and dealings on the GMO Register. Part 7 disciplines certification of facilities and accreditation of organizations. Part 8 establishes the Gene Technology Technical Advisory Committee and the Gene Technology Ethics and Community Consultative Committee. Part 9 concerns administration of Regulator. Part 10 enforcement, Part 11 Powers of inspection.
Part 1 provides for definitions, and provisions to facilitate a nationally consistent scheme, these include general provisions, such as state laws may operate concurrently, the conferral of functions on Commonwealth officers and bodies, and the principle of no doubling-up of liabilities. Subdivision B recognizes that Ministerial Council may issue policy principles, policy guidelines, and codes of practice. Part 3 establishes the Gene Technology Regulator, the discipline, functions and powers. Part 4 regulates dealing with GMOs and prohibits dealings with GMOs unless the person undertaking the dealing is authorised to do so by a GMO licence; or the dealing is specified in an emergency dealing determination; or the dealing is a notifiable low risk dealing (see Division 2 of Part 6); or the dealing is an exempt dealing; or the dealing is included in the GMO Register (see Division 3 of Part 6). The Part imposes heavier penalties on unlawful dealings that cause, or are likely to cause, significant damage to the health and safety of people or to the environment.
Part 5 provides a licensing system under which a person can apply to the Regulator for a licence authorising dealings with GMOs. It sets out the processes to be followed by the Regulator in relation to applications involving 2 kinds of dealings: those that involve the intentional release of a GMO into the environment; and those that do not involve the intentional release of a GMO into the environment. Part 5A concerns emergency dealing determinations, Part 6 regulates notifiable low risk dealings and dealings on the GMO Register. Part 7 disciplines certification of facilities and accreditation of organizations. Part 8 establishes the Gene Technology Technical Advisory Committee and the Gene Technology Ethics and Community Consultative Committee. Part 9 concerns administration of Regulator. Part 10 enforcement, Part 11 Powers of inspection.
Attached files
Web site
Notes
Incorporating amendments up to Local Government Act 2020, No. 9/2020. Reprint as at 6 April 2020.
Repealed
No
Source language
English
Legislation Amendment
No