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Gene Technology (Tasmania) Bill 2012
Clause Notes
Clause 1 Short Title
Clause 2 Commencement
The Act will commence on a day to be proclaimed.
Clause 3 Object of Act
Subsection (1) states that the Act intends to protect the health and safety of
people, and protect the environment, from risks posed by gene technology by
regulating certain dealings with genetically modified organisms (GMOs). This
is the same as the object of the Commonwealth legislation.
Subsection (2) specifies that the object will be achieved by the Act applying
the Commonwealth Gene Technology Act 2000 and Gene Technology
(Licence Charges) Act 2000 as law of Tasmania, and by providing for the
Commonwealth legislation and the Act to be administered by the
Commonwealth as if they were a single law.
Clause 4 Interpretation
Defines key terms to be used throughout the Act. Any terms defined by the
Commonwealth Gene Technology Act 2000 will be taken to have the same
meaning under the Act unless the contrary intention appears.
Clause 5 Act binds Crown
The Crown will be bound by the Act.
Clause 6 Application of Commonwealth gene technology laws to this State
Section 6 determines that the Commonwealth gene technology laws (the
Gene Technology Act 2000, Gene Technology (Licence Charges) Act 2000
and all subordinate legislation) will apply at all times.
Clause 7 Modification of Commonwealth gene technology laws
Subsection (1) prohibits the operation of a licence granted by the national
Gene Technology Regulator for dealings with a GMO if the dealings would
contravene an order made under section 5 of the Genetically Modified
Organisms Control Act 2004.
An order made under section 5 of that Act may declare the whole or part of
Tasmania to be an area free of GMOs. An order declaring the whole of
Tasmania a GMO-free area was made in 2005, and remains in effect.
Subsection (2) allows modification of the Commonwealth gene technology
laws by making of regulations, if required. Regulations can be made to
specify that a new amendment to the Commonwealth gene technology laws
does not take effect in Tasmania.
Clause 8 Interpretation of Commonwealth gene technology laws
The Commonwealth Acts Interpretation Act 1901 will apply to the Act as if it
were a Commonwealth Act. The Acts Interpretation Act 1931 of Tasmania will
not apply.
Part 3 Functions and Powers Under Applied Provisions
Clause 9 Functions and powers of Commonwealth Regulator and other authorities
and officers
The Commonwealth Regulator and other authorities and officers will have the
same powers and functions under the Act as they do under the
Commonwealth gene technology laws.
Clause 10 Delegations by Commonwealth Regulator
Any delegation made by the Commonwealth Regulator under the Gene
Technology Act 2000 will extend to the Act.
Part 4 Offences
Clause 11 Object of Part
Subsection (1) explains the object of the Part is to provide for an offence
against the Act to be treated as an offence against the Commonwealth.
Subsection (2) explains the purposes for which an offence will be treated in
that manner.
Clause 12 Application of Commonwealth criminal laws to offences against applied
provisions
Subsection (1) states that Commonwealth criminal laws will apply in relation to
an offence against the applied provisions.
Subsection (2) makes further clarification that an offence will not be taken as
an offence against the laws of Tasmania.
Subsection (3) clarifies that the effect of Subsection (2) might be altered by
the making of regulations under the Act.
Clause 13 Functions and powers conferred on Commonwealth officers and
authorities relating to offences
Subsection (1) explains Commonwealth officers and authorities upon whom
functions and powers relating to offences are conferred as per Clause 12 will
be able to exercise those functions and powers in Tasmania.
Subsection (2) ensures officers will act in the same manner when exercising
their functions or powers in Tasmania as they would in Commonwealth
Territories.
Clause 14 No double jeopardy for offences against applied provisions
An offender punished for an offence under the Commonwealth gene
technology laws will not be punished again for the offence under this Act.
Part 5 Administrative Laws
Clause 15 Application of Commonwealth administrative laws to applied provisions
Section 15 will cause Commonwealth administrative laws to apply to the Act. It
will enable the Commonwealth Administrative Appeals Tribunal to determine
administrative appeals relating to the Act except so far as subsection (3) limits
application of Commonwealth laws to the Act by the making of regulations.
Clause 16 Functions and powers conferred on Commonwealth officers and
authorities
The functions and powers conferred on Commonwealth officers under a
Commonwealth administrative law will apply in Tasmania. Officers conferred
with those powers will act in the same manner under this Act as they do under
the Commonwealth administrative law.
Part 6 Miscellaneous
Clause 17 Things done for multiple purposes
Anything issued (such as licences and certificates), given or done under Act
will not be affected by also being issued, given or done under the
Commonwealth gene technology laws.
Clause 18 Reference in Commonwealth law to a provision of another law
Commonwealth laws referred to in the provisions of Commonwealth criminal
and administrative laws (applying by virtue of sections 12 and 15) will apply to
the Act.
Clause 19 Fees and other money
Fees, penalties, fines and any other money payable under the Act will be paid
to the Commonwealth.
Clause 20 Regulations
Regulations may be made subordinate to this Act by the Governor.
Clause 21 Administration of Act
The Minister for Primary Industries and Water, and Department of Primary
Industries, Parks, Water and Environment are responsible for administration of
the Act until an administration order is given under the Tasmanian
Administrative Arrangements Act 1990, determining otherwise.
Clause 22 Consequential amendments
Legislation requiring consequential amendments as a result of this Act is
specified in Schedule 1.
Clause 23 Legislation repealed
Legislation repealed by this Act is specified in Schedule 2
Clause 24 Legislation rescinded
Legislation rescinded by this Act is specified in Schedule 3.
Clause 25 Legislation revoked
Legislation revoked by this Act is specified in Schedule 4.
Schedule 1 Consequential Amendments
The Agricultural and Veterinary Chemicals (Tasmania) Act 1994 and the
Genetically Modified Organisms Control Act 2004 require consequential
amendments to update definitions that were referred to in the previous Gene
Technology Act 2001 of Tasmania and are now only contained in the
Commonwealth Gene Technology Act 2000.
The Federal Courts (State Jurisdiction) Act 1999 requires consequential
amendment to its definition of `relevant State Act' to ensure State jurisdiction
over the Act.
Schedule 2 Legislation Repealed
The Gene Technology Act 2001 is repealed by this Act.
Schedule 3 Legislation Rescinded
The Gene Technology Regulations 2003 are rescinded by this Act.
Schedule 4 Legislation Revoked
The Proclamation under the Gene Technology Act 2001 is revoked by this
Act.