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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Gene Technology (Western Australia) Bill 2014
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Object of Act 2
4. Terms used 2
5. State bound 3
Part 2 -- The applied provisions
6. Application of Commonwealth gene technology
laws to this State 4
7. Modification of Commonwealth gene technology
laws 4
8. Interpretation of Commonwealth gene technology
laws 5
Part 3 -- Functions and powers
under applied provisions
9. Functions and powers of Commonwealth
Regulator and other authorities and officers 6
10. Delegations by Commonwealth Regulator 6
Part 4 -- Offences
11. Object of Part 7
12. Application of Commonwealth criminal laws to
offences against applied provisions 7
13. Functions and powers conferred on
Commonwealth officers and authorities relating to
offences 8
14. No double jeopardy for offences against applied
provisions 8
99--1 page i
Gene Technology (Western Australia) Bill 2014
Contents
Part 5 -- Administrative laws
15. Application of Commonwealth administrative laws
to applied provisions 10
16. Functions and powers conferred on
Commonwealth officers and authorities 10
Part 6 -- Miscellaneous
17. Things done for multiple purposes 12
18. Reference in Commonwealth law to a provision of
another law 12
19. Fees and other money 12
20. Tabling amendments to the Commonwealth gene
technology Acts and regulations 12
21. Regulations 13
Part 7 -- Consequential repeals and
amendments
22. Gene Technology Act 2006 and Gene Technology
Regulations 2007 repealed 14
23. Agricultural and Veterinary Chemicals (Western
Australia) Act 1995 amended 14
Defined terms
page ii
Western Australia
LEGISLATIVE COUNCIL
Gene Technology (Western Australia) Bill 2014
A Bill for
An Act to apply the Gene Technology Act 2000 (Commonwealth) and
the Gene Technology (Licence Charges) Act 2000 (Commonwealth) as
a law of the State, to repeal the Gene Technology Act 2006, and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Gene Technology (Western Australia) Bill 2014
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Gene Technology (Western Australia) Act 2014.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
9 3. Object of Act
10 (1) The object of this Act is to adopt in the State a uniform
11 Australian approach to the regulation of genetically modified
12 organisms.
13 (2) For that purpose, this Act --
14 (a) applies the Gene Technology Act 2000 (Commonwealth)
15 and the Gene Technology (Licence Charges) Act 2000
16 (Commonwealth) as a law of the State; and
17 (b) makes provision to help ensure that the Commonwealth
18 Acts and the applied law of the State are administered
19 on a uniform basis by the Commonwealth as if they
20 constituted a single law of the Commonwealth.
21 4. Terms used
22 (1) In this Act --
23 applied provisions means the Commonwealth gene technology
24 laws that apply as a law of the State because of section 6;
25 Commonwealth administrative laws means the following Acts
26 and regulations of the Commonwealth --
27 (a) the Administrative Appeals Tribunal Act 1975
28 (excluding Part IVA);
page 2
Gene Technology (Western Australia) Bill 2014
Preliminary Part 1
s. 5
1 (b) the Freedom of Information Act 1982;
2 (c) the Ombudsman Act 1976;
3 (d) the Privacy Act 1988;
4 (e) the regulations in force under any of those Acts;
5 Commonwealth Gene Technology Act means the Gene
6 Technology Act 2000 (Commonwealth);
7 Commonwealth gene technology laws means --
8 (a) the Commonwealth Gene Technology Act; and
9 (b) the Commonwealth Licence Charges Act; and
10 (c) all regulations, guidelines, principles, standards and
11 codes of practice in force under either of those Acts;
12 Commonwealth Licence Charges Act means the Gene
13 Technology (Licence Charges) Act 2000 (Commonwealth);
14 Commonwealth Regulator means the Gene Technology
15 Regulator appointed under the Commonwealth Gene
16 Technology Act;
17 function includes duty.
18 (2) If an expression is defined in the Commonwealth Gene
19 Technology Act and is also used in this Act, the expression as
20 used in this Act has, unless the contrary intention appears, the
21 same meaning as in that Act.
22 (3) In this Act, a reference to a Commonwealth Act includes a
23 reference to --
24 (a) the Commonwealth Act as amended and in force for the
25 time being; and
26 (b) another Act enacted in substitution for the
27 Commonwealth Act and, if it is amended, that other Act
28 as amended and in force for the time being.
29 5. State bound
30 This Act binds the State and, so far as the legislative power of
31 the Parliament permits, the Crown in all its other capacities.
page 3
Gene Technology (Western Australia) Bill 2014
Part 2 The applied provisions
s. 6
1 Part 2 -- The applied provisions
2 6. Application of Commonwealth gene technology laws to this
3 State
4 (1) The Commonwealth gene technology laws, as in force for the
5 time being and as modified to give effect to regulations under
6 section 7, apply as laws of the State and, as so applying --
7 (a) in so far as they consist of the Commonwealth Gene
8 Technology Act and the Commonwealth Licence
9 Charges Act -- apply as if they were a part of this Act;
10 and
11 (b) in so far as they consist of regulations and other
12 instruments in force under either of those
13 Commonwealth Acts -- apply as if they were subsidiary
14 legislation for the purposes of this Act.
15 (2) Those Commonwealth gene technology laws so apply as if they
16 extended to matters in relation to which the State may make
17 laws --
18 (a) whether or not the Commonwealth may make laws in
19 relation to those matters; and
20 (b) even though the Commonwealth gene technology laws
21 provide that they apply only to specified matters with
22 respect to which the Commonwealth may make laws.
23 Note: The Commonwealth gene technology laws can be accessed at
24 www.comlaw.gov.au.
25 7. Modification of Commonwealth gene technology laws
26 The regulations may set out modifications for the purposes of
27 section 6(1) but only to the extent to which they are necessary
28 or convenient for the purpose of enabling the effective operation
29 of the provisions of the Commonwealth gene technology laws
30 as laws of the State.
page 4
Gene Technology (Western Australia) Bill 2014
The applied provisions Part 2
s. 8
1 8. Interpretation of Commonwealth gene technology laws
2 (1) The Acts Interpretation Act 1901 (Commonwealth) applies as a
3 law of the State in relation to the interpretation of the applied
4 provisions.
5 (2) That Act so applies as if the applied provisions were a
6 Commonwealth Act or were regulations or other instruments
7 under a Commonwealth Act, as the case requires.
8 (3) The Interpretation Act 1984 (Western Australia) does not apply
9 in relation to the applied provisions.
page 5
Gene Technology (Western Australia) Bill 2014
Part 3 Functions and powers under applied provisions
s. 9
1 Part 3 -- Functions and powers under applied
2 provisions
3 9. Functions and powers of Commonwealth Regulator and
4 other authorities and officers
5 The Commonwealth Regulator and other authorities and officers
6 referred to in the applied provisions have the same functions
7 and powers under the applied provisions as they have under the
8 Commonwealth gene technology laws (as those laws apply as
9 laws of the Commonwealth).
10 10. Delegations by Commonwealth Regulator
11 A delegation by the Commonwealth Regulator under the
12 Commonwealth Gene Technology Act is taken to extend to, and
13 have effect for, the corresponding provision of the applied
14 provisions.
page 6
Gene Technology (Western Australia) Bill 2014
Offences Part 4
s. 11
1 Part 4 -- Offences
2 11. Object of Part
3 (1) The object of this Part is to further the object of this Act by
4 providing for an offence against the applied provisions to be
5 treated as if it were an offence against a law of the
6 Commonwealth.
7 (2) The purposes for which an offence is to be treated as mentioned
8 in subsection (1) include, for example (but without limitation)
9 the following --
10 (a) the investigation and prosecution of offences;
11 (b) the arrest, custody, bail, trial and conviction of offenders
12 or persons charged with offences;
13 (c) proceedings relating to a matter referred to in
14 paragraph (a) or (b);
15 (d) appeals and reviews relating to criminal proceedings and
16 to proceedings of the kind referred to in paragraph (c);
17 (e) the sentencing, punishment and release of persons
18 convicted of offences;
19 (f) fines, penalties and forfeitures;
20 (g) liability to make reparation in connection with offences;
21 (h) proceeds of crime;
22 (i) spent convictions.
23 12. Application of Commonwealth criminal laws to offences
24 against applied provisions
25 (1) The relevant Commonwealth laws apply as laws of the State in
26 relation to an offence against the applied provisions as if those
27 provisions were a law of the Commonwealth and not a law of
28 the State.
page 7
Gene Technology (Western Australia) Bill 2014
Part 4 Offences
s. 13
1 (2) For the purposes of a law of the State, an offence against the
2 applied provisions --
3 (a) is taken to be an offence against the laws of the
4 Commonwealth in the same way as if those provisions
5 were a law of the Commonwealth; and
6 (b) is taken not to be an offence against the laws of the
7 State.
8 (3) Subsection (2) has effect for the purposes of a law of the State
9 except as provided by regulations made under this Act.
10 13. Functions and powers conferred on Commonwealth officers
11 and authorities relating to offences
12 (1) A Commonwealth law applying because of section 12 that
13 confers on a Commonwealth officer or authority a function or
14 power in relation to an offence against the Commonwealth gene
15 technology laws also confers on the officer or authority the
16 same function or power in relation to an offence against the
17 corresponding provision of the applied provisions.
18 (2) In performing a function or exercising a power conferred by this
19 section, the Commonwealth officer or authority must, to the
20 extent practicable, act as the officer or authority would act in
21 performing or exercising the same function or power in relation
22 to an offence against the corresponding provision of the
23 Commonwealth gene technology laws.
24 14. No double jeopardy for offences against applied provisions
25 If --
26 (a) an act or omission is an offence against the applied
27 provisions and an offence against the Commonwealth
28 gene technology laws; and
page 8
Gene Technology (Western Australia) Bill 2014
Offences Part 4
s. 14
1 (b) the offender has been punished for that offence under
2 those Commonwealth laws,
3 the offender is not liable to be punished for the offence under
4 the applied provisions.
page 9
Gene Technology (Western Australia) Bill 2014
Part 5 Administrative laws
s. 15
1 Part 5 -- Administrative laws
2 15. Application of Commonwealth administrative laws to
3 applied provisions
4 (1) The Commonwealth administrative laws apply as laws of the
5 State to any matter arising in relation to the applied provisions
6 as if those provisions were a law of the Commonwealth and not
7 a law of the State.
8 (2) For the purposes of a law of the State, a matter arising in
9 relation to the applied provisions --
10 (a) is taken to be a matter arising in relation to laws of the
11 Commonwealth in the same way as if those provisions
12 were a law of the Commonwealth; and
13 (b) is taken not to be a matter arising in relation to laws of
14 the State.
15 (3) Subsection (2) has effect for the purposes of a law of the State
16 except as provided by regulations made under this Act.
17 (4) A provision of a Commonwealth administrative law applying
18 because of this section that purports to confer jurisdiction on a
19 federal court is taken not to have that effect.
20 (5) For the purposes of this section, a reference in a provision of the
21 Administrative Appeals Tribunal Act 1975 (Commonwealth) (as
22 that provision applies as a law of the State) to the whole or any
23 part of Part IVA of that Act is taken to be a reference to the
24 whole or any part of that Part as it has effect as a law of the
25 Commonwealth.
26 16. Functions and powers conferred on Commonwealth officers
27 and authorities
28 (1) A Commonwealth administrative law applying because of
29 section 15 that confers on a Commonwealth officer or authority
30 a function or power also confers on the officer or authority the
page 10
Gene Technology (Western Australia) Bill 2014
Administrative laws Part 5
s. 16
1 same function or power in relation to a matter arising in relation
2 to the applied provisions.
3 (2) In performing a function or exercising a power conferred by this
4 section, the Commonwealth officer or authority must act as
5 nearly as practicable as the officer or authority would act in
6 performing or exercising the same function or power under the
7 Commonwealth administrative law.
page 11
Gene Technology (Western Australia) Bill 2014
Part 6 Miscellaneous
s. 17
1 Part 6 -- Miscellaneous
2 17. Things done for multiple purposes
3 The validity of a licence, certificate or other thing issued, given
4 or done for the purposes of the applied provisions is not affected
5 only because it was issued, given or done also for the purposes
6 of the Commonwealth gene technology laws.
7 18. Reference in Commonwealth law to a provision of another
8 law
9 For the purposes of sections 12 and 15, a reference in a
10 Commonwealth law to a provision of that or another
11 Commonwealth law is taken to be a reference to that provision
12 as applying because of that section.
13 19. Fees and other money
14 All fees, penalties, fines and other money that, under this Act
15 and the applied provisions, are authorised or directed to be
16 payable by or imposed on any person (but not including an
17 amount ordered to be refunded to another person) must be paid
18 to the Commonwealth.
19 20. Tabling amendments to the Commonwealth gene technology
20 Acts and regulations
21 (1) The Minister must ensure that a copy of an amendment to --
22 (a) the Commonwealth Gene Technology Act; or
23 (b) the Commonwealth Licence Charges Act; or
24 (c) regulations under either of those Acts,
25 is laid before each House of Parliament within 10 sitting days
26 after the day on which the amendment comes into operation.
27 (2) This section does not affect the application of the amendment
28 under section 6 as a law of the State.
page 12
Gene Technology (Western Australia) Bill 2014
Miscellaneous Part 6
s. 21
1 21. Regulations
2 (1) The Governor may make regulations prescribing all matters that
3 are required or permitted to be prescribed by this Act to be
4 prescribed, or are necessary or convenient to be prescribed for
5 giving effect to this Act.
6 (2) The regulations may deal with all matters of a savings or
7 transitional nature arising as a result of the enactment of this
8 Act.
page 13
Gene Technology (Western Australia) Bill 2014
Part 7 Consequential repeals and amendments
s. 22
1 Part 7 -- Consequential repeals and amendments
2 22. Gene Technology Act 2006 and Gene Technology
3 Regulations 2007 repealed
4 (1) The Gene Technology Act 2006 is repealed.
5 (2) The Gene Technology Regulations 2007 are repealed.
6 23. Agricultural and Veterinary Chemicals (Western Australia)
7 Act 1995 amended
8 (1) This section amends the Agricultural and Veterinary Chemicals
9 (Western Australia) Act 1995.
10 (2) In section 23A(2) delete "Regulator within the meaning of the
11 Gene Technology Act 2006" and insert:
12
13 Gene Technology Regulator
14
15 (3) After section 23A(2) insert:
16
17 (3A) In subsection (2) --
18 Gene Technology Regulator means the
19 Commonwealth Regulator as defined in the Gene
20 Technology (Western Australia) Act 2014 section 4(1).
21
22
page 14
Gene Technology (Western Australia) Bill 2014
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
applied provisions ............................................................................................ 4(1)
Commonwealth administrative laws ................................................................ 4(1)
Commonwealth Gene Technology Act ............................................................ 4(1)
Commonwealth gene technology laws ............................................................ 4(1)
Commonwealth Licence Charges Act.............................................................. 4(1)
Commonwealth Regulator ............................................................................... 4(1)
function ............................................................................................................ 4(1)
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