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TASMANIA
__________
GENE TECHNOLOGY (TASMANIA) BILL 2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
5. Act binds Crown
PART 2 - THE APPLIED PROVISIONS
6. Application of Commonwealth gene technology laws to this
State
7. Modification of Commonwealth gene technology laws
8. Interpretation of Commonwealth gene technology laws
PART 3 - FUNCTIONS AND POWERS UNDER APPLIED
PROVISIONS
9. Functions and powers of Commonwealth Regulator and other
authorities and officers
10. Delegations by Commonwealth Regulator
PART 4 - OFFENCES
11. Object of Part
12. Application of Commonwealth criminal laws to offences against
applied provisions
[Bill 1]-I
13. Functions and powers conferred on Commonwealth officers and
authorities relating to offences
14. No double jeopardy for offences against applied provisions
PART 5 - ADMINISTRATIVE LAWS
15. Application of Commonwealth administrative laws to applied
provisions
16. Functions and powers conferred on Commonwealth officers and
authorities
PART 6 - MISCELLANEOUS
17. Things done for multiple purposes
18. Reference in Commonwealth law to a provision of another law
19. Fees and other money
20. Regulations
21. Administration of Act
22. Consequential amendments
23. Legislation repealed
24. Legislation rescinded
25. Legislation revoked
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 - LEGISLATION REPEALED
SCHEDULE 3 - LEGISLATION RESCINDED
SCHEDULE 4 - LEGISLATION REVOKED
2
GENE TECHNOLOGY (TASMANIA) BILL 2012
(Brought in by the Minister for Primary Industries and Water,
the Honourable Bryan Alexander Green)
A BILL FOR
An Act to apply the Gene Technology Act 2000 and the
Gene Technology (Licence Charges) Act 2000 of the
Commonwealth as a law of this State, and for other
purposes and to repeal the Gene Technology Act 2001
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
1. Short title
This Act may be cited as the Gene Technology
(Tasmania) Act 2012.
2. Commencement
This Act commences on a day to be proclaimed.
3. Object of Act
(1) 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
[Bill 1] 3
Gene Technology (Tasmania) Act 2012
Act No. of
s. 4 Part 1 - Preliminary
gene technology, and by managing those risks
through regulating certain dealings with GMOs.
(2) For that purpose, this Act -
(a) applies the Gene Technology Act 2000
and the Gene Technology (Licence
Charges) Act 2000 of the
Commonwealth as a law of this State;
and
(b) makes provision to help ensure that the
Commonwealth Acts and the applied law
of this State are administered on a
uniform basis by the Commonwealth as
if they constituted a single law of the
Commonwealth.
4. Interpretation
(1) In this Act -
applied provisions means the Commonwealth
gene technology laws that apply as a law
of this State because of section 6;
Commonwealth administrative laws means
the following Acts and regulations of the
Commonwealth:
(a) the Administrative Appeals
Tribunal Act 1975 (excluding
Part IVA);
(b) the Freedom of Information Act
1982;
4
Gene Technology (Tasmania) Act 2012
Act No. of
Part 1 - Preliminary s. 4
(c) the Ombudsman Act 1976;
(d) the Privacy Act 1988;
(e) the regulations in force under any
of those Acts;
Commonwealth gene technology laws
means -
(a) the Gene Technology Act 2000 of
the Commonwealth; and
(b) the Gene Technology (Licence
Charges) Act 2000 of the
Commonwealth; and
(c) all regulations, guidelines,
principles, standards and codes of
practice in force under either of
those Acts;
Commonwealth Regulator means the Gene
Technology Regulator appointed under
the Gene Technology Act 2000 of the
Commonwealth;
function includes duty;
modify includes add to, omit and substitute.
(2) If an expression is defined in the Gene
Technology Act 2000 of the Commonwealth and
is also used in this Act, the expression as used in
this Act has, unless the contrary intention
appears, the same meaning as in that Act.
5
Gene Technology (Tasmania) Act 2012
Act No. of
s. 5 Part 1 - Preliminary
(3) In this Act, a reference to a Commonwealth Act
includes a reference to -
(a) that Commonwealth Act, as amended
and in force for the time being; and
(b) an Act enacted in substitution for that
Act and, if it is amended, as amended
and in force for the time being.
5. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
6
Gene Technology (Tasmania) Act 2012
Act No. of
Part 2 - The Applied Provisions s. 6
PART 2 - THE APPLIED PROVISIONS
6. Application of Commonwealth gene technology
laws to this State
(1) The Commonwealth gene technology laws, as in
force for the time being and as modified by or
under this Act, apply as a law of this State.
(2) Those Commonwealth gene technology laws so
apply as if they extended to matters in relation to
which this State may make laws -
(a) whether or not the Commonwealth may
make laws in relation to those matters;
and
(b) even though the Commonwealth gene
technology laws provide that they apply
only to specified matters with respect to
which the Commonwealth may make
laws.
7. Modification of Commonwealth gene technology
laws
(1) The Commonwealth gene technology laws are
modified for the purposes of this Act by
prohibiting the operation in Tasmania of any
licence granted by the Commonwealth Regulator
for a dealing with a GMO if the dealing is in
contravention of an order made under section 5
of the Genetically Modified Organisms Control
Act 2004.
7
Gene Technology (Tasmania) Act 2012
Act No. of
s. 8 Part 2 - The Applied Provisions
(2) The regulations made under this Act may also
modify the Commonwealth gene technology
laws for the purposes of this Act.
(3) Without limiting subsection (2), the regulations
may provide that the Commonwealth gene
technology laws apply under section 6(1) as if an
amendment to the Commonwealth gene
technology laws, made by a law of the
Commonwealth and specified in the regulations,
had not taken effect.
8. Interpretation of Commonwealth gene technology
laws
(1) The Acts Interpretation Act 1901 of the
Commonwealth applies as a law of this State in
relation to the interpretation of the applied
provisions.
(2) The Acts Interpretation Act 1901 of the
Commonwealth so applies as if the applied
provisions were a Commonwealth Act or were
regulations or other instruments under a
Commonwealth Act, as the case requires.
(3) The Acts Interpretation Act 1931 does not apply
to the applied provisions.
8
Gene Technology (Tasmania) Act 2012
Act No. of
Part 3 - Functions and Powers Under Applied Provisions s. 9
PART 3 - FUNCTIONS AND POWERS UNDER
APPLIED PROVISIONS
9. Functions and powers of Commonwealth Regulator
and other authorities and officers
The Commonwealth Regulator and other
authorities and officers referred to in the applied
provisions have the same functions and powers
under the applied provisions as they have under
the Commonwealth gene technology laws, as
those laws apply to the Commonwealth.
10. Delegations by Commonwealth Regulator
Any delegation by the Commonwealth Regulator
under the Gene Technology Act 2000 of the
Commonwealth is taken to extend to, and have
effect for the purposes of, the corresponding
provision of the applied provisions.
9
Gene Technology (Tasmania) Act 2012
Act No. of
s. 11 Part 4 - Offences
PART 4 - OFFENCES
11. Object of Part
(1) The object of this Part is to further the object of
this Act by providing for an offence against the
applied provisions to be treated as if it were an
offence against a law of the Commonwealth.
(2) The purposes for which an offence is to be
treated as mentioned in subsection (1) include,
for example (but are not limited to) -
(a) the investigation and prosecution of
offences; and
(b) the arrest, custody, bail, trial and
conviction of offenders or persons
charged with offences; and
(c) proceedings relating to a matter referred
to in paragraph (a) or (b); and
(d) appeals and reviews relating to criminal
proceedings and to proceedings of the
kind referred to in paragraph (c); and
(e) the sentencing, punishment and release
of persons convicted of offences; and
(f) fines, penalties and forfeitures; and
(g) liability to make reparation in connection
with offences; and
(h) proceeds of crime; and
10
Gene Technology (Tasmania) Act 2012
Act No. of
Part 4 - Offences s. 12
(i) spent convictions.
12. Application of Commonwealth criminal laws to
offences against applied provisions
(1) The relevant Commonwealth laws apply as laws
of this State in relation to an offence against the
applied provisions as if those provisions were a
law of the Commonwealth and not a law of this
State.
(2) For the purposes of a law of this State, an
offence against the applied provisions -
(a) is taken to be an offence against the laws
of the Commonwealth, in the same way
as if those provisions were a law of the
Commonwealth; and
(b) is taken not to be an offence against the
laws of this State.
(3) Subsection (2) has effect for the purposes of a
law of this State except as provided by the
regulations made under this Act.
13. Functions and powers conferred on Commonwealth
officers and authorities relating to offences
(1) A Commonwealth law applying because of
section 12 that confers on a Commonwealth
officer or authority a function or power in
relation to an offence against the Commonwealth
gene technology laws also confers on the officer
11
Gene Technology (Tasmania) Act 2012
Act No. of
s. 14 Part 4 - Offences
or authority the same function or power in
relation to an offence against the corresponding
provision of the applied provisions.
(2) In performing a function or exercising a power
conferred by this section, the Commonwealth
officer or authority must act as nearly as
practicable as the officer or authority would act
in performing or exercising the same function or
power in relation to an offence against the
corresponding provision of the Commonwealth
gene technology laws.
14. No double jeopardy for offences against applied
provisions
If -
(a) an act or omission is an offence against
the applied provisions and is also an
offence against the Commonwealth gene
technology laws; and
(b) the offender has been punished for that
offence under those Commonwealth
laws -
the offender is not liable to be punished for the
offence under the applied provisions.
12
Gene Technology (Tasmania) Act 2012
Act No. of
Part 5 - Administrative Laws s. 15
PART 5 - ADMINISTRATIVE LAWS
15. Application of Commonwealth administrative laws
to applied provisions
(1) The Commonwealth administrative laws apply
as laws of this State to any matter arising in
relation to the applied provisions as if those
provisions were a law of the Commonwealth and
not a law of this State.
(2) For the purposes of a law of this State, a matter
arising in relation to the applied provisions -
(a) is taken to be a matter arising in relation
to laws of the Commonwealth in the
same way as if those provisions were a
law of the Commonwealth; and
(b) is taken not to be a matter arising in
relation to laws of this State.
(3) Subsection (2) has effect for the purposes of a
law of this State except as provided by the
regulations made under this Act.
(4) Any provision of a Commonwealth
administrative law applying because of this
section that purports to confer jurisdiction on a
federal court is taken not to have that effect.
(5) For the purposes of this section, a reference in a
provision of the Administrative Appeals Tribunal
Act 1975 of the Commonwealth (as that
provision applies as a law of this jurisdiction) to
the whole or any part of Part IVA of that Act is
13
Gene Technology (Tasmania) Act 2012
Act No. of
s. 16 Part 5 - Administrative Laws
taken to be a reference to the whole or any part
of that Part as it has effect as a law of the
Commonwealth.
16. Functions and powers conferred on Commonwealth
officers and authorities
(1) A Commonwealth administrative law applying
because of section 15 that confers on a
Commonwealth officer or authority a function or
power also confers on the officer or authority the
same function or power in relation to a matter
arising in relation to the applied provisions.
(2) In performing a function or exercising a power
conferred by this section, the Commonwealth
officer or authority must act as nearly as
practicable as the officer or authority would act
in performing or exercising the same function or
power under the Commonwealth administrative
law.
14
Gene Technology (Tasmania) Act 2012
Act No. of
Part 6 - Miscellaneous s. 17
PART 6 - MISCELLANEOUS
17. Things done for multiple purposes
The validity of a licence, certificate or other
thing issued, given or done for the purposes of
the applied provisions is not affected only
because it was issued, given or done also for the
purposes of the Commonwealth gene technology
laws.
18. Reference in Commonwealth law to a provision of
another law
For the purposes of sections 12 and 15, a
reference in a Commonwealth law to a provision
of that or another Commonwealth law is taken to
be a reference to that provision as applying
because of that section.
19. Fees and other money
All fees, penalties, fines and other money that,
under this Act and the applied provisions, are
authorised or directed to be payable by or
imposed on any person (but not including an
amount ordered to be refunded to another
person) must be paid to the Commonwealth.
15
Gene Technology (Tasmania) Act 2012
Act No. of
s. 20 Part 6 - Miscellaneous
20. Regulations
The Governor may make regulations for the
purposes of this Act.
21. Administration of Act
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, Parks, Water and
Environment.
22. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
23. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
16
Gene Technology (Tasmania) Act 2012
Act No. of
Part 6 - Miscellaneous s. 24
24. Legislation rescinded
The legislation specified in Schedule 3 is
rescinded.
25. Legislation revoked
The legislation specified in Schedule 4 is
revoked.
17
Gene Technology (Tasmania) Act 2012
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 22
Agricultural and Veterinary Chemicals (Tasmania) Act 1994
1. Section 23A(2) is amended by omitting "Gene
Technology Act 2001" and substituting "Gene
Technology Act 2000 of the Commonwealth".
Federal Courts (State Jurisdiction) Act 1999
1. Section 3 is amended by inserting after
paragraph (e) in the definition of relevant State
Act the following paragraph:
(ea) Gene Technology (Tasmania) Act 2012;
Genetically Modified Organisms Control Act 2004
1. Section 3(1) is amended as follows:
(a) by omitting "Gene Technology Act 2001"
from the definition of genetically
modified organism and substituting
"Gene Technology Act 2000 of the
Commonwealth";
(b) by omitting the definition of GMO
licence and substituting the following
definition:
GMO licence means a GMO licence
within the meaning of section
18
Gene Technology (Tasmania) Act 2012
Act No. of
sch. 1
10(1) of the Gene Technology Act
2000 of the Commonwealth;
19
Gene Technology (Tasmania) Act 2012
Act No. of
sch. 2
SCHEDULE 2 - LEGISLATION REPEALED
Section 23
Gene Technology Act 2001 (No. 53 of 2001)
20
Gene Technology (Tasmania) Act 2012
Act No. of
sch. 3
SCHEDULE 3 - LEGISLATION RESCINDED
Section 24
Gene Technology Regulations 2003 (No. 21 of 2003)
21
Gene Technology (Tasmania) Act 2012
Act No. of
sch. 4
SCHEDULE 4 - LEGISLATION REVOKED
Section 25
Proclamation under the Gene Technology Act 2001 (No. 20 of
2003)
22 Government Printer, Tasmania