Gene Technology Act 2006.

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 genetically modified organisms. The object of this Act is to be achieved through a regulatory framework which 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; provides an efficient and effective system for the application of gene technologies; and operates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GMO products.
Part 2 contains the definitions used in this Act; contains provisions to facilitate a nationally consistent regulatory scheme; and enables the Ministerial Council to issue policy principles, policy guidelines and codes of practice. Part 3 specifies the functions and powers of the Gene Technology Regulator under this Act or the regulations. Part 4 deals with the regulation of dealings with GMOs; prohibits dealings with GMOs unless the person undertaking the dealing is authorized to do so by a GMO license, the dealing is a notifiable low risk dealing (see Part 6 Division 2), the dealing is an exempt dealing. or the dealing is included in the GMO Register (see Part 6 Division 3); imposes heavier penalties on unlawful dealings that cause, or are likely to cause, significant damage to the health and safety of people or the environment
Part 5 provides a licensing system under which a person can apply to the Regulator for a licence authorising dealings with GMOs; sets out the processes to be followed by the Regulator in relation to applications involving 2 kinds of dealings (a) those that involve the intentional release of a GMO into the environment; and (b) those that do not involve the intentional release of a GMO into the environment; provides that a licence can cover dealings by persons other than the licence holder and requires the licence holder to inform such persons of any conditions of the licence that apply to them. Part 6 establishes a mechanism for the regulations to regulate certain dealings with GMOs (notifiable low risk dealings) that do not involve the intentional release of GMOs into the environment (see Division 2); provides that the regulations may (among other things) require that the Regulator be notified of such dealings; enables the Regulator to determine that certain dealings previously authorised by a licence be included on the GMO Register; ensures that, if a dealing is included on the GMO register, anyone may undertake the dealing, subject to specified conditions.
Part 7 establishes a system under which the Regulator may certify facilities to specified containment levels in accordance with guidelines issued by the Regulator. Licence conditions can require that facilities be certified to specified containment levels (see Division 2); enables the Regulator to accredit organisations in accordance with accreditation guidelines issued by the Regulator. Licence conditions can specify that dealings must be supervised by an Institutional Biosafety Committee established by an accredited organisation (see Division 3). Part 8 sets out the functions under this Act of the Gene Technology Technical Advisory Committee, the Gene Technology Community Consultative Committee and the Gene Technology Ethics Committee. Part 9, administration, concerns financial matters (see Division 3); sets out reporting requirements (see Division 5); requires the Regulator to ensure that certain information is entered on a record of GMOs and GM products (see Division 6); • permits the Regulator to review notifiable low risk dealings and exemptions (see Division 7). Part 10 enables the Regulator to give directions to a licence holder or to a person covered by a licence if — (a) the Regulator believes that the person is not complying with this Act or the regulations; and (b) the Regulator believes that it is necessary to do so in order to protect the health and safety of people or to protect the environment; empowers the Supreme Court to issue injunctions, and contains a forfeiture provision. Part 11 • provides for powers of inspection in relation to monitoring and offences; provides for the appointment of inspectors (see Division 2); deals with the powers and obligations of inspectors and the rights and responsibilities of an occupier of premises when an inspector seeks to exercise powers (see Divisions 3 to 9); sets out procedures relating to monitoring warrants and offence-related warrants (see Division 10); does not limit the conditions to which a licence can be subject, and section 64 imposes a condition in relation to monitoring dealings with GMOs.