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TASMANIA
__________
GENETICALLY MODIFIED ORGANISMS
CONTROL BILL 2004
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Declaration of GMO-free area
6. Appointment of authorised officers
PART 2 - DEALING WITH GMO IN GMO-FREE AREA
PROHIBITED
7. Dealing with GMO in GMO-free area prohibited
PART 3 - PERMITS
Division 1 - Obtaining permit and its form and effect
8. Application for permit
9. Grant of permit
10. Issue of permit or notice of refusal
11. Term of permit
12. Permit subject to conditions
[Bill 9]-X
13. Form of permit
14. Authority of permit
15. Permit not transferable
16. Amendment of permit or conditions
17. Renewal of permit
18. Surrender of permit
Division 2 - Disciplinary action
19. Disciplinary action
PART 4 - INSPECTIONS
20. Inspections
21. Access to and possession of seized document or thing
22. Authorised officer may give directions
23. Authorised officer to show identification
24. Warrant to enter premises
25. Fee for inspection
PART 5 - DESTRUCTION OF GMO
26. Order for destruction of GMO
27. Destruction of GMO
28. Compensation
PART 6 - OFFENCES
29. Offences in relation to inspections, &c.
PART 7 - REVIEW OF DECISIONS
30. Review of decisions
PART 8 - MISCELLANEOUS
31. Offence by body corporate
32. Continuing offence
33. Evidence
34. Regulations
2
35. Administration of Act
36. Consequential Amendments
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
3
4
GENETICALLY MODIFIED ORGANISMS
CONTROL BILL 2004
(Brought in by the Minister for Primary Industries and
Water, the Honourable Steven Kons)
A BILL FOR
An Act to provide for the whole or any part of
Tasmania to be declared to be a genetically
modified organisms free area for the purpose of
preserving the identity of non-genetically modified
crops and animals for marketing purposes, to
provide for persons to be allowed to deal with
genetically modified organisms under permits, to
consequentially amend the Gene Technology Act
2001 and for related purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Genetically Modified
Organisms Control Act 2004.
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Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Interpretation
3. In this Act, unless the contrary intention appears -
"authorised officer" means a person appointed as
an authorised officer under section 6(2);
"deal with", in relation to a GMO, means -
(a) conduct experiments with the GMO; or
(b) make, develop, produce or manufacture
the GMO; or
(c) breed the GMO; or
(d) propagate the GMO; or
(e) use the GMO in the course of
manufacture of a thing that is not the
GMO; or
(f) grow, raise or culture the GMO; or
(g) import the GMO; or
(h) possess, supply, use, transport or
dispose of the GMO for the purposes of,
or in the course of, a dealing specified in
paragraph (a), (b), (c), (d), (e), (f) or (g);
"destruction order" means an order for the
destruction of a GMO made under section 26;
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"genetically modified organism" has the same
meaning as in the Gene Technology Act 2001;
"GMO" means genetically modified organism;
"GMO-free area" means, while an order under
section 5 is in force, the whole or the part of
Tasmania declared by the Minister in the
order to be an area that is free of GMOs;
"GMO licence" means -
(a) a GMO licence within the meaning of
section 10(1) of the Gene Technology Act
2000 of the Commonwealth; or
(b) a GMO licence within the meaning of
the Gene Technology Act 2001;
"permit" means a permit granted under section 9;
"permit holder" means the person to whom a
permit is granted under section 9;
"premises" includes a part of premises;
"Secretary" means the Secretary of the
Department.
Act binds Crown
4. This Act binds the Crown in right of Tasmania and, so
far as the legislative power of Parliament permits, in all
its other capacities.
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Declaration of GMO-free area
5. (1) The Minister, by order, may declare the whole or
any part of Tasmania to be an area that is free of GMOs if
he or she considers that to do so would aid in preserving
the identity of non-genetically modified crops and animals
for marketing purposes.
(2) An order under subsection (1) is a statutory rule
for the purposes of the Rules Publication Act 1953.
Appointment of authorised officers
6. (1) In this section -
"Departmental officer" means a person appointed
subject to and in accordance with the State
Service Act 2000 for the purposes of the
Department.
(2) The Secretary may appoint a Departmental
officer to be an authorised officer.
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PART 2 - DEALING WITH GMO IN GMO-FREE
AREA PROHIBITED
Dealing with GMO in GMO-free area prohibited
7. A person must not deal with a GMO in a GMO-free
area unless that person is authorised to so deal with the
GMO by both -
(a) a permit; and
(b) a GMO licence.
Penalty: Fine not exceeding 2 000 penalty units.
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PART 3 - PERMITS
Division 1 - Obtaining permit and its form and effect
Application for permit
8. (1) A person may apply to the Secretary for a permit to
deal with a GMO in a GMO-free area.
(2) An application is to -
(a) be in a form approved by the Secretary; and
(b) be accompanied by any prescribed fee.
(3) The Secretary may require the applicant to
provide any further information he or she considers
relevant.
(4) An applicant is to notify the Secretary of any
change which affects the information included in an
application or provided under subsection (3) -
(a) before the change occurs if at all possible; or
(b) as soon as practicable after the change has
occurred.
Grant of permit
9. (1) On receipt of an application under section 8, the
Secretary may -
(a) grant a permit to the applicant; or
(b) refuse to grant a permit to the applicant.
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(2) In determining whether or not to grant a permit,
the Secretary is to consider -
(a) the location and purpose of the dealing with
the GMO as proposed in the application; and
(b) the likely impact on market access for non-
genetically modified crops and animals of the
dealing with the GMO as proposed in the
application; and
(c) the management regime for the GMO as
proposed in the application; and
(d) any other matter the Secretary considers
relevant.
(3) The Secretary may grant a permit to a person
who has not applied for one under section 8 if -
(a) the Minister has declared an area to be a
GMO-free area under section 5 or has notified
the Secretary that he or she intends to make
such a declaration; and
(b) there is a GMO in that area; and
(c) the Secretary is satisfied that the person to
whom the permit is to be issued is responsible
for introducing the GMO to that area or has
otherwise had dealings with the GMO.
Issue of permit or notice of refusal
10. (1) On granting a permit and on receipt of payment of
any prescribed permit fee, the Secretary is to issue a
permit to the person to whom it is granted.
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(2) On refusing to grant a permit, the Secretary is to
notify the applicant for the permit, in writing, of that
refusal.
Term of permit
11. (1) A permit is in force for the period determined by
the Secretary and specified in the permit.
(2) A permit comes into force on the day it is issued
or on a later day determined by the Secretary and
specified in the permit.
(3) A permit ceases to be in force when any of the
following occurs:
(a) the period for which the permit is in force
ends;
(b) the permit is surrendered under section 18;
(c) the permit is cancelled under section 19.
Permit subject to conditions
12. (1) A permit is subject to any conditions determined
by the Secretary and specified in the permit.
(2) Without limiting the conditions to which a
permit may be subject, a permit may be subject to a
condition requiring, or relating to, the removal of a GMO
from a GMO-free area.
(3) The Secretary may determine the conditions to
which a permit is subject when determining to grant the
permit under section 9 or at any time after the permit has
been issued.
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(4) If the Secretary imposes conditions after the
permit has been issued, those conditions take effect on the
day the permit holder receives written notice of the
conditions or on a later day specified in that notice.
Form of permit
13. (1) A permit is to -
(a) be in a form approved by the Secretary; and
(b) specify the premises or the area in which the
dealing with the GMO authorised by the
permit may occur; and
(c) specify any conditions to which the permit is
subject.
(2) Conditions to which a permit is subject may be
specified in the permit by -
(a) specifying those conditions in or on the permit;
or
(b) attaching those conditions to the permit; or
(c) providing to the permit holder a written notice
containing those conditions.
Authority of permit
14. A permit authorises the permit holder to deal with a
GMO as specified in, and in accordance with, the permit if,
and only if, the permit holder also holds a GMO licence
that authorises the same dealings with GMOs as the
permit authorises.
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Permit not transferable
15. A permit is not transferable to any other person.
Amendment of permit or conditions
16. (1) The Secretary may amend a permit or the
conditions to which a permit is subject on the application
of the permit holder or at his or her own discretion.
(2) An application is to -
(a) be in a form approved by the Secretary; and
(b) be accompanied by any prescribed fee.
(3) The Secretary may require the applicant to
provide any further information he or she considers
relevant.
(4) An applicant is to notify the Secretary of any
change which affects the information included in an
application or provided under subsection (3) -
(a) before the change occurs if at all possible; or
(b) as soon as practicable after the change has
occurred.
(5) If the Secretary amends a permit or the
conditions to which the permit is subject, the Secretary is
to -
(a) notify the permit holder of that amendment;
and
(b) either endorse that amendment on the permit
or provide the permit holder with a
replacement permit.
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(6) For the purposes of subsection (5)(b), the
Secretary, in writing, may require the permit holder to
surrender the permit to the Secretary.
(7) A permit holder must comply with a requirement
made under subsection (6).
Penalty: Fine not exceeding 10 penalty units.
(8) An amendment of a permit or the conditions to
which a permit is subject take effect on the day the permit
holder receives written notice of the amendment or on a
later day specified in that notice.
Renewal of permit
17. (1) In this section -
"expiry day" means the day on which the term of a
permit ends and the permit ceases to be in
force.
(2) A permit holder may apply to the Secretary for
the renewal of the permit not less than 3 calendar months
before the expiry day.
(3) This Part applies in respect of an application for
the renewal of a permit and that renewal as if the
application were an application for a first permit.
(4) If -
(a) a permit holder applies for the renewal of a
permit as specified in subsection (2); and
(b) the Secretary renews the permit -
the renewal takes effect on the day after the expiry day.
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(5) If -
(a) a permit holder applies for the renewal of a
permit as specified in subsection (2); and
(b) the Secretary has not renewed the permit by
the expiry day -
the permit continues in force until the Secretary has
notified the permit holder, in writing, of the renewal of the
permit or until the application for renewal is withdrawn.
(6) If -
(a) a permit holder applies for the renewal of a
permit as specified in subsection (2); and
(b) the Secretary refuses to renew the permit -
the Secretary is to notify the permit holder of that refusal
in writing, and the permit continues in force until the day
specified in that notice.
Surrender of permit
18. (1) With the approval of the Secretary, a permit
holder may surrender the permit.
(2) The Secretary is to notify the permit holder, in
writing, of his or her approval to the surrender of the
permit.
(3) The approval of the Secretary is subject to any
conditions specified in the notice under subsection (2).
(4) A surrender of a permit takes effect on the day
the notice under subsection (2) is received by the permit
holder or a later day specified in the notice.
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(5) A notice under subsection (2) may specify the day
on which the surrender of the permit takes effect by
reference to -
(a) a time or a date; or
(b) the fulfilling of a condition; or
(c) the happening of an event; or
(d) any other thing the Secretary considers
appropriate.
Division 2 - Disciplinary action
Disciplinary action
19. (1) In this section -
"disciplinary action" means any one or more of
the following:
(a) the issuing of a letter of censure;
(b) the imposition of a fine not exceeding 20
penalty units;
(c) the amendment of a permit;
(d) the suspension of a permit;
(e) the cancellation of a permit.
(2) Subject to this section, the Secretary may take
disciplinary action if satisfied -
(a) that a permit holder has contravened this Act;
or
(b) of any other prescribed matter.
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(3) The Secretary may not take disciplinary action,
other than the issue of a letter of censure, without first
allowing the permit holder an opportunity to make
submissions in relation to the matter and considering any
submissions so made.
(4) A letter of censure may direct the permit holder
to take the action specified in the letter for the purposes of
rectifying any matter giving rise to the letter of censure
and may direct that the action be taken within a period
specified in the letter.
(5) A permit holder must comply with a direction
given in a letter of censure within the period specified in
the letter of censure.
(6) On making a determination under subsection (2),
the Secretary must notify the permit holder in writing as
to whether or not disciplinary action is being taken and, if
so, what disciplinary action is being taken.
(7) The cancellation, suspension or amendment of a
permit, or the amendment of the conditions specified in a
permit, takes effect on the day the permit holder receives
the notice given under subsection (6) or on a later day
specified in that notice.
(8) The Secretary may at any time terminate or
reduce a period of suspension.
(9) A fine imposed under this section may be
recovered as a debt due to the Crown.
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PART 4 - INSPECTIONS
Inspections
20. (1) For the purposes of determining whether or not a
person is contravening this Act or the conditions to which
a permit is subject, an authorised officer may at any
time -
(a) enter, remain in and inspect any premises or
area, other than premises that are a
residence -
(i) in or from which an authorised officer
has reasonable grounds for believing
that a permit holder or other person is
or may be dealing with a GMO; or
(ii) in which an authorised officer has
reasonable grounds for believing that
any document relating to a dealing with
a GMO is kept; and
(b) examine, seize, make copies of or take extracts
from any document in those premises or that
area; and
(c) take photographs, films, video recordings,
audio recordings and other recordings in those
premises or that area; and
(d) seize any thing that appears to indicate that
an offence under this Act has been or is being
committed; and
(e) operate mechanical, electrical and electronic
equipment in those premises or that area.
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(2) In any premises or area lawfully entered under
subsection (1), an authorised officer may require the
permit holder, a person apparently in charge of the
premises or area or any person apparently employed by
the permit holder or in those premises or that area to -
(a) provide the authorised officer with his or her
name and address; and
(b) answer any question that the authorised
officer considers relevant; and
(c) provide as directed a document, or a copy of a
document, that is in the person's possession or
control and that the authorised officer
considers relevant; and
(d) otherwise provide information that the person
has access to and that the authorised officer
considers relevant; and
(e) provide reasonable assistance in relation to
the exercise of the authorised officer's powers.
(3) In the exercise of his or her powers under this
section, an authorised officer may be assisted by such
police officers or other persons as the authorised officer
considers appropriate.
(4) A police officer or other person assisting an
authorised officer has the same powers under this section
as the authorised officer has.
(5) A person must not, without reasonable excuse,
fail or refuse to comply with a requirement made under
subsection (2).
Penalty: Fine not exceeding 10 penalty units.
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(6) On convicting a person of an offence under
subsection (5), in addition to imposing a penalty the court
may order that person to provide the answer, other
information or document in respect of which the offence
was committed.
Access to and possession of seized document or
thing
21. (1) If an authorised officer, or a police officer or person
assisting an authorised officer, has seized or otherwise
taken possession of a document or other thing under
section 20 -
(a) the Secretary has possession of the document
or thing; and
(b) the Secretary may retain the document or
thing for so long as is necessary for the
purposes of this Act; and
(c) the authorised officer must provide written
notice of the seizure or taking of possession as
soon as is reasonably practicable to -
(i) the person from whom it was seized or
taken; or
(ii) the person who would be entitled to
possession of the document if it were not
in the possession of the Secretary; and
(d) on the request of a person who would be
entitled to possession of the document if it
were not in the possession of the Secretary,
the Secretary must provide that person with a
copy of the document certified by the Secretary
to be a true copy.
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(2) A copy of a document certified by the Secretary
to be a true copy is to be received in all courts and
elsewhere as if it were the original document.
Authorised officer may give directions
22. (1) As the result of or during an inspection under
section 20, an authorised officer may give written
directions to a permit holder or a person who is apparently
in charge of the premises or area inspected or being
inspected.
(2) Without limiting the directions that may be
given under subsection (1), those directions may include
directions requiring the permit holder or person
apparently in charge to take any action or measures to
ensure that the permit holder or person apparently in
charge is not in, or does not continue to be in,
contravention of this Act or the conditions to which the
permit is subject.
(3) A person given a direction under subsection (1)
must comply with the direction.
Penalty: Fine not exceeding 1 000 penalty units.
(4) On convicting a person of an offence under
subsection (3), in addition to imposing a penalty the court
may order that person to comply with the direction in
respect of which the offence was committed.
Authorised officer to show identification
23. If, during an inspection under section 20, a person to
whom section 20(2) applies requests that the authorised
officer produce identification -
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(a) the officer must produce his or her
identification as an authorised officer to that
person; and
(b) the officer may not take any action or further
action under this Act in relation to the
inspection until he or she has so produced that
identification.
Warrant to enter premises
24. (1) If a person refuses to allow an authorised officer to
enter, remain in and inspect premises or an area that the
authorised officer on reasonable grounds believes, or if an
authorised officer on reasonable grounds believes that a
residence -
(a) are or is being used for the purposes of a
dealing with a GMO; or
(b) may contain any documents relating to a
dealing with a GMO -
the authorised officer may apply to a justice for a warrant.
(2) On receipt of an application under subsection (1),
a justice may issue a warrant if satisfied, by information
on oath -
(a) that a person has refused to allow an
authorised officer to enter, remain in and
inspect the premises or area; or
(b) that the authorised officer has reasonable
grounds for the belief referred to in that
subsection in relation to the residence.
(3) A warrant authorises an authorised officer and
such police officers and other assistants as the authorised
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officer considers appropriate, using such force as is
reasonable -
(a) to enter, remain in and inspect the premises,
area or residence specified in the warrant; and
(b) to perform and exercise any functions and
powers in those premises or that area or
residence that the authorised officer, police
officers and assistants may perform and
exercise in, or in respect of, any premises or
area lawfully entered under section 20.
(4) An application for a warrant -
(a) may be in a written form approved and
provided by the Secretary; or
(b) if the justice is satisfied that the
circumstances are urgent or that the delay
resulting from a written application would
frustrate the effective execution of the
warrant, may be made by telephone, telex,
facsimile, e-mail or other electronic means.
(5) Section 15 of the Search Warrants Act 1997
applies, with necessary modifications and adaptations, in
respect of an application under this section and a warrant
issued as a result of such an application.
(6) A person must not refuse to allow an authorised
officer or any police officer or other person assisting the
authorised officer to enter, remain in and inspect any
premises, area or residence when authorised by a warrant
under this section.
Penalty: Fine not exceeding 10 penalty units.
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Fee for inspection
25. (1) The Secretary, by written notice provided to a
permit holder, may require the permit holder to pay a fee,
determined by the Secretary, in respect of an inspection,
other than an inspection relating to an application for a
permit or the renewal of a permit.
(2) A fee under subsection (1) must not exceed the
reasonable costs of the inspection.
(3) The permit holder must pay any fee he or she is
required to pay under subsection (1).
(4) If the whole or any part of any fee the permit
holder is required to pay under subsection (1) is due and
unpaid, that amount may be recovered in a court of
competent jurisdiction as a debt due to the Crown.
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PART 5 - DESTRUCTION OF GMO
Order for destruction of GMO
26. The Secretary, in writing, may order the destruction
of a GMO if he or she is satisfied that -
(a) an offence under this Act has been or is being
committed in relation to the GMO; or
(b) for any other reason the GMO should be
destroyed.
Destruction of GMO
27. (1) In this section -
"responsible person", in relation to a GMO in any
premises or area, means a person an
authorised officer reasonably believes -
(a) has introduced the GMO to the premises
or area; or
(b) has otherwise had dealings with the
GMO; or
(c) has possession or control of, or is in
charge of, the GMO.
(2) For the purposes of giving effect to a destruction
order, an authorised officer may -
(a) enter and remain in the premises or area in
which he or she reasonably believes the GMO
is situated; and
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(b) require a permit holder or a responsible
person to destroy the GMO in accordance with
the notice provided under subsection (3); and
(c) seize the GMO; and
(d) destroy the GMO, either in those premises or
that area or elsewhere.
(3) A requirement to destroy a GMO under
subsection (2)(b) is to be made by written notice, attached
to a copy of the destruction order, provided to the permit
holder or the responsible person.
(4) When exercising powers under this section, an
authorised officer may -
(a) be assisted by such police officers and other
persons as the authorised officer considers
appropriate; and
(b) use such force as the authorised officer
considers necessary.
(5) A police officer or other person assisting an
authorised officer has the same powers under this section
as the authorised officer has.
(6) The Secretary may require a permit holder or a
responsible person to meet the whole or any part of the
reasonable costs incurred in destroying the GMO if an
authorised officer destroys the GMO under this section on
the authority of a destruction order made because the
Secretary is satisfied that an offence under this Act has
been or is being committed in relation to the GMO.
(7) A requirement under subsection (6) is to be made
by written notice provided to the permit holder or the
responsible person.
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(8) The permit holder or the responsible person
must meet any costs he or she is required to meet under
subsection (6).
(9) If the whole or any part of any costs the permit
holder or the responsible person is required to meet under
subsection (6) is due and unpaid, that amount may be
recovered in a court of competent jurisdiction as a debt
due to the Crown.
Compensation
28. (1) A permit holder or other person responsible for a
GMO that has been destroyed under section 27 is not
entitled to any compensation in relation to the destruction
of the GMO if the destruction was a consequence of the
permit holder or other person committing an offence under
this Act.
(2) A permit holder is entitled to compensation for
loss or damage suffered as a result of the destruction of a
GMO under section 27 if the destruction was for a reason
other than that the permit holder committed an offence
under this Act.
(3) A claim for compensation is to be -
(a) in a form approved by the Secretary; and
(b) accompanied by such evidence of the loss or
damage suffered as the Secretary requires;
and
(c) made within one year after the destruction of
the GMO.
(4) The amount of compensation payable is the
amount agreed between the Secretary and the permit
holder.
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(5) If the permit holder and Secretary cannot agree
on the amount of compensation payable, the amount is to
be determined in the same manner as a disputed claim for
compensation under the Land Acquisition Act 1993.
(6) Compensation is payable out of money provided
by Parliament for the purpose.
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PART 6 - OFFENCES
Offences in relation to inspections, &c.
29. A person must not, without reasonable excuse -
(a) resist, impede, obstruct or assault -
(i) an authorised officer who is performing
or exercising any function or power
under this Act; or
(ii) a person assisting that authorised
officer; or
(b) use threatening, abusive or insulting language
to such an authorised officer or assistant; or
(c) prevent or attempt to prevent a person from
answering questions, giving information or
providing documents to such an officer or
assistant; or
(d) impersonate an authorised officer.
Penalty: Fine not exceeding 10 penalty units.
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PART 7 - REVIEW OF DECISIONS
Review of decisions
30. A person aggrieved by any of the following decisions of
the Secretary may apply to the Magistrates Court
(Administrative Appeals Division) for a review of that
decision:
(a) the refusal to grant or renew a permit;
(b) the imposition of a condition to which a permit
is subject;
(c) the amendment of a permit, including the
amendment of any conditions to which a
permit is subject;
(d) the cancellation or suspension of a permit;
(e) a prescribed decision.
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PART 8 - MISCELLANEOUS
Offence by body corporate
31. (1) If a body corporate commits an offence against this
Act, each person concerned in the management of the body
corporate is taken to have also committed the offence and
may be convicted of the offence unless the person shows
that -
(a) the act or omission constituting the offence
took place without the person's knowledge or
consent; or
(b) the person used all due diligence to prevent
that act or omission by the body corporate.
(2) A person referred to in subsection (1) may be
convicted of an offence against this Act whether or not the
body corporate is charged with, or convicted of, the offence.
Continuing offence
32. If an offence against this Act is a continuing offence, a
person who commits the offence is liable, in addition to the
penalty otherwise prescribed, to a further penalty not
exceeding one-fifth of the maximum penalty otherwise
prescribed for each day during which the offence
continues.
Evidence
33. (1) In this section -
"specified" means specified in a certificate referred
to in subsection (2).
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(2) In any legal proceedings, a document purporting
to be a certificate signed by the Secretary and relating to
one or more of the following matters is evidence of the
facts stated in the certificate:
(a) the appointment of an authorised officer under
this Act;
(b) whether or not a specified person was a permit
holder at the specified time;
(c) whether or not a specified condition was a
condition to which a specified permit was
subject at the specified time;
(d) whether or not a destruction order was in force
at a specified time and the specified details of
a destruction order;
(e) the amount of costs incurred in the taking of
specified action under this Act;
(f) whether or not a thing was a GMO at the
specified time.
Regulations
34. (1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may provide for the waiver of fees.
(3) Regulations may be made so as to apply
differently according to such factors as are specified in the
regulations.
(4) The regulations may provide that a
contravention of any of the regulations is an offence.
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Control
(5) The regulations may authorise any matter to be
from time to time determined, applied or regulated by the
Secretary.
(6) Regulations made under this section may
contain provisions of a savings or transitional nature
consequent on the enactment of this Act or any enactment
amending this Act.
(7) A provision referred to in subsection (6) may, if
the regulations so provide, take effect from the
commencement of this Act, or the enactment amending
this Act, or from a later day.
Administration of Act
35. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990 -
(a) the administration of this Act is assigned to
the Minister for Primary Industries and
Water; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Primary Industries, Water and
Environment.
Consequential Amendments
36. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
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SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 36
Gene Technology Act 2001
1. After section 67, the following section is inserted in
Division 9:
Licence subject to Genetically Modified
Organisms Control Act 2004
67A. A GMO licence does not authorise the licence
holder to deal with a GMO or do any other thing if to
do so would contravene the Genetically Modified
Organisms Control Act 2004.
Government Printer, Tasmania 35