New South Wales Consolidated Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003

- As at 27 July 2021 
- Act 12 of 2003 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Definitions
   5.      Food plants

   PART 2 - MORATORIUM ON COMMERCIAL CULTIVATION OF GM FOOD PLANTS

           Division 1 - Moratorium

   6.      Moratorium on commercial cultivation of licensed GM food plants
   7.      Offence of contravening prohibition on commercial cultivation of licensed GM food plants
   7A.     Approval of licensed GM food plants for commercial cultivation
   8.      Exemptions from operation of section 6
   9.      Notification of making an order
   10.     Commencement of order
   11.     Order cannot be challenged
   12.     Secretary to keep register of orders
   13.     Expert Committee on Gene Technology
   13A.    Confidentiality
   13B.    Disclosure of pecuniary interests

           Division 2 - Enforcement of moratorium

   14.     Minister's directions
   15.     Offence--failure to comply with Minister's direction
   16.     Costs of complying with Minister's direction
   17.     Appeal to Supreme Court
   18.     Direction cannot be challenged
   19.     Certificate is conclusive proof that plant is genetically modified

           Division 3 - Other offences

   20.     Offence--disposal of offending plants
   21.     Offence--failure to report contravention of section 6

   PART 3 - ENFORCEMENT

   22.     Appointment of inspectors
   23.     Powers of inspectors
   24.     Provisions relating to exercise of powers
   25.     Requirement to provide information and records
   26.     Power of inspectors to require answers
   27.     Power to demand name and address
   28.     Limitation on self-incrimination
   29.     Search warrants
   30.     Offences--enforcement
   31.     Disposal of seized items
   32.     Injunctions to prevent contravention of Act

   PART 4 - MISCELLANEOUS

   32A.    Special protection from liability for spread of GM food plants
   33.     No compensation payable
   34.     Summary proceedings for offences
   35.     Penalty notices
   36.     Onus of proof concerning reasonable excuse
   37.     Offences by corporations
   38.     Delegation
   39.     Describing plants
   40.     Savings, transitional and other provisions
   41.     (Repealed)
   42.     Regulations
   43.     Expiry of Act
           SCHEDULE 1
           Schedule 2 (Repealed)