2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Kerrie Tucker)

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Kerrie Tucker)

An Act to prohibit certain dealings with genetically modified organisms, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the GMO (Environment Protection) Act 2003.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘gene technology—see the Gene Technology Act, dictionary.’ means that the term ‘gene technology’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The whole of the ACT is designated as an area for the purpose of preserving the identity of non-GM crops for marketing purposes.

Note The Gene Technology (Recognition of Designated Areas) Principle 2003 made under the Gene Technology Act 2000 (Cwlth), s 21 (1) provides for an area to be recognised as an area that is designated for the purpose of preserving the identity of GM crops or non-GM crops for marketing purposes if the area is designated under a State (which includes an ACT) law.

The policy principle has effect for the Gene Technology Act 2000 (Cwlth), s 43 (Regulator must consider applications except in certain circumstances) and s 57 (1) (Other circumstances in which regulator must not issue the licence).

(1) A person commits an offence if—

(a) the person deals with a GMO, knowing that it is a GMO; and

(b) the person—

(i) intends the dealing to result in the release of a GMO into the environment; or

(ii) is reckless or negligent about the dealing resulting in the release of a GMO into the environment.

Maximum penalty: 500 penalty units, imprisonment for 2 years or both.

(2) A person may be found guilty of an offence against this section even if there is, or will be, no actual release of a GMO into the environment.

(1) The chief executive may appoint a public servant to be an inspector for this Act.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(2) A public servant who is an inspector for the Gene Technology Act is taken to be appointed as an inspector for this Act.

(1) The chief executive must issue an inspector with an identity card that states the person’s name and appointment as an inspector and shows—

(a) a recent photograph of the person; and

(b) the date of issue of the card; and

(c) the date of expiry of the card; and

(d) anything else prescribed under the regulations.

(2) However, for an inspector mentioned in subsection 8 (2), the identity card issued to the inspector under the Gene Technology Act, section 151 is the inspector’s identity card for this Act.

(3) An inspector must carry the inspector’s identity card at all times when exercising functions as an inspector.

(1) The provisions of the Gene Technology Act mentioned in subsection (3) (the applied provisions), and any other provisions of that Act relevant to working out the meaning of the applied provisions, apply for this Act as if—

(a) a reference to an inspector were a reference to an inspector under this Act; and

(b) a reference to the Gene Technology Act were a reference to this Act; and

(c) a reference to the regulator were a reference to the Territory; and

(d) a reference to the Gene Technology Act, part 11 were a reference to this section; and

(e) any other necessary changes were made.

(2) The provisions of any regulations made under the Gene Technology Act for the applied provisions apply for this Act as if—

(a) the regulations were made under this Act for this section; and

(b) any necessary changes were made.

(3) The applied provisions of the Gene Technology Act are as follows:

(a) division 11.3 (Monitoring powers);

(b) division 11.4 (Offence-related powers);

(c) division 11.5 (Expert assistance);

(d) division 11.6 (Emergency powers);

(e) division 11.7 (Obligations and incidental powers of inspectors);

(f) division 11.8 (Power to search goods, baggage and containers and seize goods);

(g) division 11.9 (General provisions relating to search and seizure);

(h) division 11.10 (Warrants);

(i) division 11.11 (Other matters).

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• chief executive

• function

• pubic servant.

deal with a GMO—see the Gene Technology Act, dictionary.

environment—see the Gene Technology Act, dictionary.

gene technology—see the Gene Technology Act, dictionary.

Gene Technology Act means the Gene Technology Act 2003.

genetically modified organism—see the Gene Technology Act, dictionary.

GMO means a genetically modified organism.

inspector means a person who is appointed as an inspector for this Act.

Note A public servant who is an inspector for the Gene Technology Act is taken to be appointed as an inspector for this Act (see s 8 (2)).

release of a GMO into the environment—a dealing with a GMO involves the release of a GMO into the environment if the GMO is released into the open environment, whether or not it is released with provision for limiting the dissemination or persistence of the GMO or its genetic material in the environment.

Presentation speech made in the Legislative Assembly on 2003.

Notified under the Legislation Act on 2003.

For the latest republication of amended laws, see www.legislation.act.gov.au.