{"id":"gene-technology-act-2001","name":"Gene Technology Act 2001","slug":"gene-technology-act-2001","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":51703,"registerId":"sa-gene-technology-act-2001-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\n\t(1)\tThis Act may be cited as the Gene Technology Act 2001.\n\t(2)\tThis Act may also be referred to as—\n\t(a)\tthe Gene Technology Law of South Australia; or\n\t(b)\tthe Gene Technology Law.\n3—Object of Act\nThe 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 gene technology, and by managing those risks through regulating certain dealings with GMOs.\n4—Regulatory framework to achieve object\nThe object of this Act is to be achieved through a regulatory framework which—\n\t(aa)\tprovides that where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation; and\n\t(a)\tprovides an efficient and effective system for the application of gene technologies; and\n\t(b)\toperates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GMO products.\nExamples of the schemes mentioned in paragraph (b) are those that regulate food, agricultural and veterinary chemicals, industrial chemicals and therapeutic goods or substances.\n5—Nationally consistent scheme\nIt is the intention of the Parliament that this Act form a component of a nationally consistent scheme for the regulation of certain dealings with GMOs by the Commonwealth and the States.\n5A—Amendments to Act to maintain national consistency\n\t(a)\tthe Parliament of the Commonwealth enacts an amendment to the Commonwealth Act (the Commonwealth amendment); and\n\t(b)\tthe Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the Commonwealth amendment should be made to this Act,\nthe Governor may, by regulation, amend this Act to give effect to the Commonwealth amendment as a law of South Australia.\n\t(2)\tThe Governor may, as part of any regulation made under subsection (1) in respect of a Commonwealth amendment, make any additional provision (including so as to modify the terms of the Commonwealth amendment or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the Commonwealth amendment has proper effect under the law of South Australia.\n\t(3)\tA regulation made under this section in respect of a Commonwealth amendment may, if the regulation so provides, take effect from the day of the commencement of the Commonwealth amendment (including a day that is earlier than the day of the regulation's publication in the Gazette).\n6—Act to bind the Crown\n\t(1)\tThis Act binds the Crown in right of South Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\t(2)\tNothing in this Act renders the Crown liable to be prosecuted for an offence.\n7—External Territories\nThe Commonwealth Act includes a provision extending that Act to every external Territory other than Norfolk Island.\n8—Offences\nThe Commonwealth Act includes a provision applying Chapter 2 of the Criminal Code to offences against that Act and construing penalty provisions in that Act.\n8A—Numbering\n\t(1)\tIn order to maintain consistent numbering between this Act and the Gene Technology Act 2000 of the Commonwealth—\n\t(a)\tif the Commonwealth Act contains a section that is not required in this Act, the provision number and heading to the section appearing in the Commonwealth Act are included in this Act despite the omission of the body of the section; and\n\t(b)\tif this Act contains a section that is not included in the Commonwealth Act, the section is numbered so as to maintain consistency in numbering between sections common to both Acts.\n\t(2)\tA provision number and heading referred to in subsection (1)(a) form part of this Act.\n1\tA note appears under each heading of a kind referred to in subsection (1)(a) describing the omitted section of the Commonwealth Act.\n2\tA note appears under each section of a kind referred to in subsection (1)(b) highlighting the non-appearance of an equivalent section in the Commonwealth Act.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"This section does not appear in the Commonwealth Act.","content":"3\tThis section does not appear in the Commonwealth Act.\n8B—Notes\nNotes form part of this Act.\nThis section does not appear in the Commonwealth Act.\n8C—Outlines\nThe provisions appearing at the beginning of Parts 2 to 12 outlining the Part are intended only as a guide to readers as to the general scheme and effect of that Part.\nThis section does not appear in the Commonwealth Act.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Interpretation and operation of Act","content":"Part 2—Interpretation and operation of Act\n9—Simplified outline\n\t(a)\tcontains the definitions used in this Act;\n\t(b)\tcontains provisions to facilitate a nationally consistent regulatory scheme;\n\t(c)\tenables the Ministerial Council to issue policy principles, policy guidelines and codes of practice.\nThis section differs from section 9 of the Commonwealth Act.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Definitions","content":"Division 2—Definitions\n10—Definitions\n\t(1)\tIn this Act, unless the contrary intention appears—\naccredited organisation means an organisation accredited under Division 3 of Part 7;\naggravated offence has the meaning given by section 38;\nCommonwealth Act means the Gene Technology Act 2000 of the Commonwealth;\nCommonwealth authority means the following:\n\t(a)\ta body corporate established for a public purpose by or under a Commonwealth Act;\n\t(b)\ta company in which a controlling interest is held by any one of the following persons, or by two or more of the following persons together:\n\t(i)\tthe Commonwealth;\n\t(ii)\ta body covered by paragraph (a);\n\t(iii)\ta body covered by either of the above subparagraphs;\nconfidential commercial information means information declared by the Regulator to be confidential commercial information under section 185;\ncontainment level, in relation to a facility, means the degree of physical confinement of GMOs provided by the facility, having regard to the design of the facility, the equipment located or installed in the facility and the procedures generally used within the facility;\ncorresponding Commonwealth emergency dealing determination, in relation to an emergency dealing determination under this Act, means a determination under section 72B of the Commonwealth Act that specifies the same kind of dealings as those proposed to be specified in, or specified in, the emergency dealing determination under this Act;\ndeal with, in relation to a GMO, means the following:\n\t(a)\tconduct experiments with the GMO;\n\t(b)\tmake, develop, produce or manufacture the GMO;\n\t(c)\tbreed the GMO;\n\t(d)\tpropagate the GMO;\n\t(e)\tuse the GMO in the course of manufacture of a thing that is not the GMO;\n\t(f)\tgrow, raise or culture the GMO;\n\t(g)\timport the GMO;\n\t(h)\ttransport the GMO;\n\t(i)\tdispose of the GMO,\nand includes the possession, supply or use of the GMO for the purposes of, or in the course of, a dealing mentioned in any of paragraphs (a) to (i);\neligible person, in relation to a reviewable decision, has the meaning given by section 179;\nemergency dealing determination means a determination in force under section 72B;\nenvironment includes—\n\t(a)\tecosystems and their constituent parts; and\n\t(b)\tnatural and physical resources; and\n\t(c)\tthe qualities and characteristics of locations, places and areas;\nEnvironment Australia means—\n\t(a)\tthe Commonwealth department of that name; or\n\t(b)\tif there is no Commonwealth department of that name—a department or agency prescribed by the regulations for the purposes of this definition;\nEthics and Community Committee means the Gene Technology Ethics and Community Consultative Committee established by section 106 of the Commonwealth Act;\nevidential material means any of the following:\n\t(a)\ta thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed;\n\t(b)\ta thing that there are reasonable grounds for suspecting will afford evidence as to the commission of any such offence;\n\t(c)\ta thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing any such offence;\nfacility includes, but is not limited to, the following:\n\t(a)\ta building or part of a building;\n\t(b)\ta laboratory;\n\t(c)\tan aviary;\n\t(d)\ta glasshouse;\n\t(e)\tan insectary;\n\t(f)\tan animal house;\n\t(g)\tan aquarium or tank;\ngene technology means any technique for the modification of genes or other genetic material, but does not include—\n\t(a)\tsexual reproduction; or\n\t(b)\thomologous recombination; or\n\t(c)\tany other technique specified in the regulations for the purposes of this paragraph;\nGene Technology Account means the Gene Technology Account established by section 129 of the Commonwealth Act;\nGene Technology Agreement means the Gene Technology Agreement made for the purposes of this Act between the Commonwealth and at least four States, as in force from time to time;\nGene Technology Technical Advisory Committee means the Gene Technology Technical Advisory Committee established by section 100 of the Commonwealth Act;\ngenetically modified organism means—\n\t(a)\tan organism that has been modified by gene technology; or\n\t(b)\tan organism that has inherited particular traits from an organism (the initial organism), being traits that occurred in the initial organism because of gene technology; or\n\t(c)\tanything declared by the regulations to be a genetically modified organism, or that belongs to a class of things declared by the regulations to be genetically modified organisms,\nbut does not include—\n\t(d)\ta human being, if the human being is covered by paragraph (a) only because the human being has undergone somatic cell gene therapy; or\n\t(e)\tan organism declared by the regulations not to be a genetically modified organism, or that belongs to a class of organisms declared by the regulations not to be genetically modified organisms;\nGMO means a genetically modified organism;\nGMO licence means a licence issued under section 55;\nGMO Register means the GMO Register established by section 76 of the Commonwealth Act;\nGM product means a thing (other than a GMO) derived or produced from a GMO;\ninadvertent dealings application means an application for a GMO licence to which Division 3 or 4 of Part 5 does not apply because of the operation of section 46A or  49;\nInstitutional Biosafety Committee means a committee established as an Institutional Biosafety Committee in accordance with written guidelines issued by the Regulator under section 98;\njurisdiction means the following:\n\t(a)\ta State; or\n\t(b)\tthe Commonwealth;\nlicence holder means the holder of a GMO licence;\nlocal council means a council within the meaning of the Local Government Act 1999;\nMinisterial Council means the Ministerial Council within the meaning of the Gene Technology Agreement;\nnotifiable low risk dealing has the meaning given by section 74;\nofficer, in relation to the Commonwealth, includes the following:\n\t(a)\ta Minister of the Crown in right of the Commonwealth;\n\t(b)\ta person who holds—\n\t(i)\tan office established by or under a Commonwealth Act; or\n\t(ii)\tan appointment made under a Commonwealth Act; or\n\t(iii)\tan appointment made by the Governor-General or a Minister of the Crown in right of the Commonwealth but not under a Commonwealth Act;\n\t(c)\ta person who is a member or officer of a Commonwealth authority;\n\t(d)\ta person who is in the service or employment of the Commonwealth or of a Commonwealth authority, or is employed or engaged under a Commonwealth Act;\norganism means any biological entity that is—\n\t(a)\tviable; or\n\t(b)\tcapable of reproduction; or\n\t(c)\tcapable of transferring genetic material;\nperson covered by a GMO licence means a person authorised by a GMO licence to deal with a GMO;\npremises includes the following:\n\t(a)\ta building;\n\t(b)\ta place (including an area of land);\n\t(c)\ta vehicle;\n\t(d)\ta vessel;\n\t(e)\tan aircraft;\n\t(f)\ta facility;\n\t(g)\tany part of premises (including premises referred to in paragraphs (a) to (f));\nRecord means the Record of GMO Dealings mentioned in section 138 of the Commonwealth Act;\nRegulator means the Gene Technology Regulator appointed under section 118 of the Commonwealth Act;\nreviewable decision has the meaning given by section 179;\nState includes the Australian Capital Territory and the Northern Territory;\nState agency means the following:\n\t(a)\tthe Crown in right of South Australia;\n\t(b)\ta Minister of the Crown in right of South Australia;\n\t(c)\tan administrative unit of the Public Service;\n\t(d)\tan instrumentality of the State of South Australia, including a body corporate established for a public purpose by or under a law of the State of South Australia;\n\t(e)\ta company in which a controlling interest is held by any one of the following persons, or by two or more of the following persons together:\n\t(i)\tthe Crown in right of South Australia;\n\t(ii)\ta person or body covered by paragraph (b) or (d);\n\t(iii)\ta person or body covered by either of the above subparagraphs;\nthing includes a substance, and a thing in electronic or magnetic form;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tIf this Act requires or permits the Ministerial Council to do a thing, the Ministerial Council must do the thing in accordance with any requirements specified in the Gene Technology Agreement.\nThis section differs from section 10 of the Commonwealth Act.\n11—Meaning of intentional release of a GMO into the environment\nFor the purposes of this Act, a dealing with a GMO involves the intentional release of the GMO into the environment if the GMO is intentionally released into the open environment, whether or not it is released with provision for limiting the dissemination or persistence of the GMO or its genetic material in the environment.\n12—Meaning of corresponding State law\nThe Commonwealth Act includes a provision defining corresponding State law for the purposes of that Act.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Operation of Act","content":"Division 3—Operation of Act\n13—Operation of Act\nThe Commonwealth Act includes a provision about the application of that Act.\n14—Wind-back of reach of Act\nThe Commonwealth Act includes a provision about the giving of wind-back notices by a State.\n15—Relationship to other State laws\nThe provisions of this Act are in addition to, and not in substitution for, the requirements of any other law of the State of South Australia (whether passed or made before or after the commencement of this section).\nThe equivalent section in the Commonwealth Act deals with the relationship of that Act to other Commonwealth laws.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Provisions to facilitate a nationally consistent scheme","content":"Division 4—Provisions to facilitate a nationally consistent scheme\n","sortOrder":5},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"General provisions","content":"Subdivision 1—General provisions\n16—State laws may operate concurrently\nThe Commonwealth Act includes a provision allowing State laws (apart from State laws prescribed for the purposes of the provision) to operate concurrently with that Act.\n17—Conferral of functions on Commonwealth officers and bodies\nThe Commonwealth Act includes a provision allowing corresponding State laws to confer functions, powers and duties on certain Commonwealth officers and bodies.\n18—No doubling-up of liabilities\n\t(a)\tan act or omission is an offence against this Act and is also an offence against the Commonwealth Act; and\n\t(b)\tthe offender has been punished for the offence under the Commonwealth Act,\nthe offender is not liable to be punished for the offence under this Act.\n\t(2)\tIf a person has been ordered to pay a pecuniary penalty under the Commonwealth Act, the person is not liable to a pecuniary penalty under this Act in respect of the same conduct.\n19—Review of certain decisions\nSection 19 of the Commonwealth Act provides that an application may be made to the Administrative Review Tribunal for review of a reviewable State decision within the meaning of that section. Part 12 of this Act provides that a person may apply for review of a reviewable decision under this Act to the Tribunal.\n20—Things done for multiple purposes\nThe validity of a licence, certificate or other thing issued, given or done for the purposes of this Act is not affected only because it was issued, given or done also for the purposes of the Commonwealth Act.\n","sortOrder":6},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Policy principles, policy guidelines and codes of practice","content":"Subdivision 2—Policy principles, policy guidelines and codes of practice\n21—Ministerial Council may issue policy principles\n\t(1)\tThe Ministerial Council may issue policy principles in relation to the following:\n\t(a)\tethical issues relating to dealings with GMOs;\n\t(aa)\trecognising areas, if any, designated under a law of South Australia for the purpose of preserving the identity of one or both of the following:\n\t(i)\tGM crops;\n\t(ii)\tnon-GM crops,\nfor marketing purposes;\n\t(b)\tmatters relating to dealings with GMOs prescribed by the regulations for the purposes of this paragraph.\nSection 57 provides that the Regulator must not issue a licence if to do so would be inconsistent with a policy principle.\n\t(2)\tBefore issuing a policy principle, the Ministerial Council must be satisfied that the policy principle was developed in accordance with section 22 of the Commonwealth Act.\n\t(3)\tRegulations for the purposes of subsection (1)(b) may relate to matters other than the health and safety of people or the environment, but must not derogate from the health and safety of people or the environment.\nThis section differs from section 21 of the Commonwealth Act.\n22—Consultation on policy principles\nThe Commonwealth Act includes a provision about how policy principles are to be developed.\n23—Ministerial Council may issue policy guidelines\nThe Ministerial Council may issue policy guidelines in relation to matters relevant to the functions of the Regulator under this Act or the regulations.\nSection 56 requires the Regulator to have regard to policy guidelines when deciding an application for a GMO licence. Section 30 provides that the Regulator is not subject to direction in relation to individual decisions.\n24—Ministerial Council may issue codes of practice\nThe Ministerial Council may issue codes of practice, developed in accordance with section 24(2) of the Commonwealth Act, in relation to gene technology.\nSection 24 of the Commonwealth Act includes provisions about how codes of practice are to be developed and making them disallowable instruments.\n","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Gene Technology Regulator","content":"Part 3—The Gene Technology Regulator\n25—Simplified outline\nIn outline, this Part specifies the functions and powers of the Gene Technology Regulator under this Act or the regulations.\nThis section differs from section 25 of the Commonwealth Act.\n26—The Gene Technology Regulator\nSection 26 of the Commonwealth Act creates the office of Gene Technology Regulator.\n27—Functions of the Regulator\nThe Regulator has the following functions:\n\t(a)\tto perform functions in relation to GMO licences as set out in Part 5;\n\t(b)\tto develop draft policy principles and policy guidelines, as requested by the Ministerial Council;\n\t(c)\tto develop codes of practice;\n\t(d)\tto issue technical and procedural guidelines in relation to GMOs;\n\t(e)\tto provide information and advice to other regulatory agencies about GMOs and GM products;\n\t(f)\tto provide information and advice to the public about the regulation of GMOs;\n\t(g)\tto provide advice to the Ministerial Council about—\n\t(i)\tthe operations of the Regulator and the Gene Technology Technical Advisory Committee; and\n\t(ii)\tthe effectiveness of the legislative framework for the regulation of GMOs, including in relation to possible amendments of relevant legislation;\n\t(h)\tto undertake or commission research in relation to risk assessment and the biosafety of GMOs;\n\t(i)\tto promote the harmonisation of risk assessments relating to GMOs and GM products by regulatory agencies;\n\t(j)\tto monitor international practice in relation to the regulation of GMOs;\n\t(k)\tto maintain links with international organisations that deal with the regulation of gene technology and with agencies that regulate GMOs in places outside South Australia;\n\t(l)\tsuch other functions as are conferred on the Regulator by this Act, the regulations or any other law.\n28—Powers of the Regulator\nSubject to this Act, the Regulator has power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator's functions under this Act or the regulations.\n29—Delegation\n\t(1)\tThe Regulator may, by instrument in writing, delegate any of the Regulator's powers or functions under this Act or the regulations to any of the following:\n\t(a)\ta Public Service employee;\n\t(b)\tan officer or employee of a State agency, if the functions of the State agency relate, whether directly or indirectly, to GMOs or GM products;\n\t(c)\tan employee of a Commonwealth authority, if the functions of the Commonwealth authority relate, whether directly or indirectly, to GMOs or GM products.\n\t(2)\tA delegation may be made to—\n\t(a)\ta specified officer or employee; or\n\t(b)\tan officer or employee holding a specified office or position.\n\t(3)\tIn exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Regulator.\n\t(4)\tA delegation is revocable at will and does not derogate from the power of the Regulator to act in a matter.\nThis section differs from section 29 of the Commonwealth Act.\n30—Independence of the Regulator\nSubject to this Act and to other laws of the State of South Australia, the Regulator has discretion in the performance or exercise of his or her functions or powers under this Act or the regulations. In particular, the Regulator is not subject to direction from anyone in relation to—\n\t(a)\twhether a GMO licence is issued or refused in relation to a particular application; or\n\t(b)\tthe conditions to which a particular GMO licence is subject.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Regulations of dealings with GMOs","content":"Part 4—Regulations of dealings with GMOs\n31—Simplified outline\n\t(a)\tdeals with the regulation of dealings with GMOs;\n\t(b)\tprohibits dealings with GMOs unless—\n\t(i)\tthe person undertaking the dealing is authorised to do so by a GMO licence; or\n\t(ia)\tthe dealing is specified in an emergency dealing determination; or\n\t(ii)\tthe dealing is a notifiable low risk dealing (see Division 2 of Part 6); or\n\t(iii)\tthe dealing is an exempt dealing; or\n\t(iv)\tthe dealing is included in the GMO Register (see Division 3 of Part 6);\n\t(c)\timposes heavier penalties on unlawful dealings that cause, or are likely to cause, significant damage to the health and safety of people or to the environment.\nDivision 2—Dealings with GMOs must be licensed\n32—Person not to deal with a GMO without a licence\n\t(b)\tthe dealing with the GMO by the person is not authorised by a GMO licence, and the person knows or is reckless as to that fact; and\n\t(c)\tthe dealing with the GMO is not specified in an emergency dealing determination, and the person knows or is reckless as to that fact; and\n\t(d)\tthe dealing is not a notifiable low risk dealing, and the person knows or is reckless as to that fact; and\n\t(e)\tthe dealing is not an exempt dealing, and the person knows or is reckless as to that fact; and\n\t(f)\tthe dealing is not included on the GMO Register, and the person knows or is reckless as to that fact.\n\t(2)\tAn offence under subsection (1) is punishable by whichever of the following applies:\n\t(a)\tin the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000; or\n\t(b)\tin any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000.\nexempt dealing means a dealing specified by the regulations to be an exempt dealing.\n\t(4)\tRegulations under subsection (3) may be expressed to exempt—\n\t(c)\tone or more specified dealings with a GMO or with a specified class of GMOs.\nThis section differs from section 32 of the Commonwealth Act.\n33—Person not to deal with a GMO without a licence—strict liability offence\n\t(b)\tthe dealing with the GMO by the person is not authorised by a GMO licence; and\n\t(ba)\tthe dealing with the GMO is not specified in an emergency dealing determination; and\n\t(c)\tthe dealing is not a notifiable low risk dealing; and\n\t(d)\tthe dealing is not an exempt dealing; and\n\t(e)\tthe dealing is not included on the GMO Register.\n\t(2)\tStrict liability applies to subsection (1)(b), (ba), (c), (d) and (e).\n\t(3)\tAn offence under this section is punishable by a fine of not more than whichever of the following amounts applies:\n\t(a)\tin the case of an aggravated offence—$22 000; or\n\t(b)\tin any other case—$5 500.\nexempt dealing has the same meaning as in section 32.\nThis section differs from section 33 of the Commonwealth Act.\n34—Person must not breach conditions of a GMO licence\n\t(1)\tThe holder of a GMO licence is guilty of an offence if—\n\t(a)\tthe holder intentionally takes an action or omits to take an action; and\n\t(b)\tthe action or omission contravenes the licence, and the holder knows or is reckless as to that fact.\n\t(2)\tA person covered by a GMO licence is guilty of an offence if—\n\t(a)\tthe person intentionally takes an action or omits to take an action; and\n\t(b)\tthe person has knowledge of the conditions of the licence; and\n\t(c)\tthe action or omission contravenes a condition of the licence, and the person knows or is reckless as to that fact.\n\t(3)\tAn offence under subsection (1) or (2) is punishable by whichever of the following applies:\n\t(a)\tin the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000 plus an additional fine not exceeding $22 000 for every day during which the offence continues;\n\t(b)\tin any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000 plus an additional fine not exceeding $5 500 for every day during which the offence continues.\nThis section differs from section 34 of the Commonwealth Act.\n35—Person must not breach conditions of a GMO licence—strict liability offence\n\t(1)\tThe holder of a GMO licence is guilty of an offence if the holder—\n\t(a)\ttakes an action or omits to take an action; and\n\t(b)\tthe action or omission contravenes the licence.\n\t(2)\tA person covered by a GMO licence is guilty of an offence if—\n\t(a)\tthe person takes an action or omits to take an action; and\n\t(b)\tthe action or omission contravenes the licence; and\n\t(c)\tthe person has knowledge of the conditions of the licence.\n\t(3)\tStrict liability applies to subsections (1)(a)and (b) and (2)(a) and (b).\n\t(4)\tAn offence under this section is punishable by a fine of not more than whichever of the following amounts applies:\n\t(a)\tin the case of an aggravated offence—$22 000; or\n\t(b)\tin any other case—$5 500.\n35A—Person must not breach conditions of emergency dealing determination\n\t(a)\tthe person intentionally takes an action or omits to take an action; and\n\t(b)\tthe person has knowledge of the conditions to which an emergency dealing determination is subject; and\n\t(c)\tthe action or omission contravenes such a condition, and the person knows or is reckless as to that fact.\n\t(2)\tAn offence under this section is punishable on conviction by whichever of the following applies:\n\t(a)\tin the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000;\n\t(b)\tin any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000.\n","sortOrder":9},{"sectionNumber":"1","sectionType":"section","heading":"Section 38 defines aggravated offence.","content":"1\tSection 38 defines aggravated offence.\n","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"This section differs from section 35A of the Commonwealth Act.","content":"2\tThis section differs from section 35A of the Commonwealth Act.\n35B—Person must not breach conditions of emergency dealing determination—strict liability offence\n\t(a)\tthe person takes an action or omits to take an action; and\n\t(b)\tthe person has knowledge of the conditions to which an emergency dealing determination is subject; and\n\t(c)\tthe action or omission by the person contravenes such a condition.\n\t(2)\tStrict liability applies to subsection (1)(a) and (c).\n\t(3)\tAn offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies:\n\t(a)\tin the case of an aggravated offence—$22 000;\n\t(b)\tin any other case—$5 500.\n1\tSection 38 defines aggravated offence.\n2\tThis section differs from section 35B of the Commonwealth Act.\n36—Person must not breach conditions on GMO Register\n\t(1)\tA person is guilty of an offence if the person—\n\t(a)\tdeals with a GMO, knowing that it is a GMO; and\n\t(b)\tthe dealing is on the GMO Register; and\n\t(c)\tthe dealing contravenes a condition relating to the dealing that is specified in the GMO Register.\n\t(2)\tStrict liability applies to subsection (1)(b) and (c).\n\t(3)\tAn offence against subsection (1) is punishable by a fine of not more than $5 500.\n37—Offence relating to notifiable low risk dealings\n\t(b)\tthe dealing is a notifiable low risk dealing; and\n\t(c)\tthe dealing by the person was not undertaken in accordance with the regulations.\nNotifiable low risk dealings are specified in the regulations—see Part 6.\n\t(2)\tStrict liability applies to subsection (1)(b) and (c).\n\t(3)\tAn offence against subsection (1) is punishable by a fine of not more than $5 500.\n38—Aggravated offences—significant damage to health or safety of people or to the environment\n\t(1)\tAn offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the environment.\n\t(2)\tIn order to prove an aggravated offence, the prosecution must prove that the person who committed the offence—\n\t(a)\tintended their conduct to cause significant damage to the health and safety of people or to the environment; or\n\t(b)\twas reckless as to whether that conduct would cause significant damage to the health and safety of people or to the environment.\n","sortOrder":11},{"sectionNumber":"Part 5","sectionType":"part","heading":"Licensing system","content":"Part 5—Licensing system\n39—Simplified outline\n\t(a)\tprovides a licensing system under which a person can apply to the Regulator for a licence authorising dealings with GMOs;\n\t(b)\tsets out the processes to be followed by the Regulator in relation to applications involving two kinds of dealings—\n\t(i)\tthose that involve the intentional release of a GMO into the environment; and\n\t(ii)\tthose that do not involve the intentional release of a GMO into the environment;\n\t(c)\tprovides that a licence can cover dealings by persons other than the licence holder and requires the licence holder to inform such persons of any conditions of the licence that apply to them.\nDivision 2—Licence applications\n40—Person may apply for a licence\n\t(1)\tA person may apply to the Regulator for a licence authorising specified dealings with one or more specified GMOs by a person or persons.\n\t(2)\tThe application must be in writing, and must contain—\n\t(3)\tThe application must specify whether any of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.\n\t(4)\tThe dealings in respect of which a person may apply for a licence may be—\n\t(a)\tall dealings with a GMO, or with a specified class of GMOs; or\n\t(b)\ta specified class of dealings with a GMO, or with a specified class of GMOs; or\n\t(c)\tone or more specified dealings with a GMO, or with a specified class of GMOs.\n\t(5)\tThe applicant may apply for a licence authorising such dealings by—\n\t(a)\ta specified person or persons; or\n\t(b)\ta specified class of person; or\n\t(c)\tall persons.\n\t(6)\tThe application must be accompanied by the application fee (if any) prescribed by the regulations.\n40A—Licences relating to inadvertent dealings\n\t(1)\tIf the Regulator is satisfied that a person has come into possession of a GMO inadvertently, the Regulator may, with the agreement of the person, treat the person as having made an inadvertent dealings application.\n\t(2)\tTo avoid doubt, subsection (1) does not prevent a person from making an application under section 40 in respect of a GMO that has inadvertently come into the person's possession.\nSections 46A and 49 have the effect that the Regulator may expedite consideration of an application to dispose of a GMO that has come into a person's possession inadvertently. These sections have effect whether the application is made under section 40, or is taken to have been made under this section.\n41—Application may be withdrawn\n\t(1)\tThe applicant may withdraw the application at any time before the licence is issued.\n\t(2)\tThe application fee is not refundable if the applicant withdraws the application.\n42—Regulator may require applicant to give further information\n\t(1)\tThe Regulator may, by notice in writing, require an applicant for a licence to give the Regulator such further information in relation to the application as the Regulator requires.\n\t(3)\tThe Regulator may require information to be given under this section at any time before the Regulator decides the application, whether before or after the Regulator has begun to consider the application.\n43—Regulator must consider applications except in certain circumstances\n\t(1)\tThe Regulator must consider an application under this Division for a licence in accordance with this Part.\n\t(2)\tHowever, the Regulator is not required to consider the application, or may cease considering the application, if—\n\t(a)\tthe application does not contain the information specified by the Regulator or prescribed by the regulations; or\n\t(b)\tthe application does not satisfy section 40(3); or\n\t(c)\tthe application is not accompanied by the application fee (if any) prescribed by the regulations; or\n\t(d)\tthe applicant did not provide further information required by the Regulator by notice under section 42 within the period specified in the notice; or\n\t(e)\tthe Regulator is satisfied that to issue the licence would be inconsistent with a policy principle in force under section 21; or\n\t(f)\tthe Regulator is satisfied (having regard to the matters specified in section 58) that the applicant is not a suitable person to hold a licence.\n\t(3)\tThe Regulator must issue the licence, or refuse to issue the licence, within the period (if any) prescribed by the regulations.\n44—Regulator may consult with applicant\nBefore considering an application in accordance with the requirements of this Part, the Regulator may consult the applicant, or another regulatory agency, on any aspect of the application.\n45—Regulator must not use certain information in considering licence application\nIf—\n\t(a)\ta person (the first person) applies for a GMO licence; and\n\t(b)\tthe first person provides information to the Regulator for the purposes of the Regulator's consideration of the application; and\n\t(c)\tthe information is confidential commercial information,\nthe Regulator must not take that information into account for the purposes of considering an application by another person for a GMO licence, unless the first person has given written consent for the information to be so taken into account.\nDivision 3—Initial consideration of licences for dealings not involving intentional release of a GMO into the environment\n46—Applications to which this Division applies\nThis Division applies to an application for a GMO licence if the Regulator is satisfied that none of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.\n46A—Division does not apply to an application relating to inadvertent dealings\nDespite section 46, this Division does not apply to an application for a GMO licence if the Regulator is satisfied that—\n\t(a)\tthe dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:\n\t(i)\tconducting experiments with the GMO;\n\t(ii)\tpropagating the GMO;\n\t(iii)\tgrowing, raising or culturing the GMO;\n\t(iv)\ttransporting the GMO;\n\t(v)\tany other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and\n\t(b)\tthe applicant for the licence came into possession of the GMO inadvertently.\n47—What the Regulator must do in relation to application\n\t(1)\tBefore issuing the licence, the Regulator must prepare a risk assessment and a risk management plan in relation to the dealings proposed to be authorised by the licence.\n\t(2)\tIn preparing the risk assessment, the Regulator must take into account the risks posed by the dealings proposed to be authorised by the licence, including any risks to the health and safety of people or risks to the environment.\n\t(3)\tIn preparing the risk management plan, the Regulator must take into account the means of managing any risks posed by the dealings proposed to be authorised by the licence in such a way as to protect—\n\t(4)\tThe Regulator may consult—\n\t(c)\trelevant Commonwealth authorities or agencies; and\n\t(d)\tany local council that the Regulator considers appropriate; and\n\t(e)\tany other person the Regulator considers appropriate,\non any aspect of the application.\nDivision 4—Initial consideration of licences for dealings involving intentional release of a GMO into the environment\n48—Applications to which this Division applies\nThis Division applies to an application for a GMO licence if the Regulator is satisfied that at least one of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.\n49—Division does not apply to an application relating to inadvertent dealings\nDespite section 48, this Division does not apply to an application for a GMO licence if the Regulator is satisfied that—\n\t(a)\tthe dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:\n\t(i)\tconducting experiments with the GMO;\n\t(ii)\tpropagating the GMO;\n\t(iii)\tgrowing, raising or culturing the GMO;\n\t(iv)\ttransporting the GMO;\n\t(v)\tany other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and\n\t(b)\tthe applicant for the licence came into possession of the GMO inadvertently.\n50—Regulator must prepare risk assessment and risk management plan\n\t(1)\tBefore issuing the licence, the Regulator must prepare a risk assessment and a risk management plan in relation to the dealings proposed to be authorised by the licence.\n\t(3)\tUnless section 50A applies in relation to the application for the licence, the Regulator must seek advice on matters relevant to the preparation of the risk assessment and the risk management plan from—\n\t(c)\teach Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph; and\n\t(d)\tEnvironment Australia; and\n\t(e)\tany local council that the Regulator considers appropriate.\n50A—Limited and controlled release applications\n\t(1)\tThis section applies to an application for a licence if the Regulator is satisfied that—\n\t(a)\tthe principal purpose of the application is to enable the licence holder, and persons covered by the licence, to conduct experiments; and\n\t(b)\tthe application proposes, in relation to any GMO in respect of which dealings are proposed to be authorised—\n\t(i)\tcontrols to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and\n\t(ii)\tlimits on the proposed release of the GMO; and\n\t(c)\tthe Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in section 50(3).\n\t(2)\tFor the purposes of subsection (1)—\ncontrols, in relation to restricting the dissemination or persistence of a GMO and its genetic material in the environment, include the following:\n\t(a)\tspecified methods for disposal of the GMO or its genetic material;\n\t(b)\tdata collection requirements, including studies to be conducted about the GMO or its genetic material;\n\t(c)\ta restricted geographic area in which the proposed dealings with the GMO or its genetic material may occur;\n\t(d)\tcompliance, in relation to dealings with the GMO or its genetic material, with—\n\t(i)\ta code of practice issued under section 24; or\n\t(ii)\ta technical or procedural guideline issued under section 27.\n\t(3)\tFor the purposes of subsection (1)—\nlimits, in relation to the release of a GMO that is proposed to be authorised by a licence, includes limits on any of the following:\n\t(a)\tthe scope of the dealings with the GMO;\n\t(b)\tthe scale of the dealings with the GMO;\n\t(c)\tthe locations of the dealings with the GMO;\n\t(d)\tthe duration of the dealings with the GMO;\n\t(e)\tthe persons who are to be permitted to conduct the dealings with the GMO.\n\t(4)\tIn deciding whether the principal purpose of an application is to enable the licence holder, and persons covered by the licence, to conduct experiments, the Regulator—\n\t(a)\tmust have regard to whether the applicant proposes that any or all of the following be authorised by, and done under, the licence:\n\t(i)\ttesting hypotheses;\n\t(ii)\tgaining scientific or technical knowledge;\n\t(iii)\tgaining data for regulatory purposes, or for product development or marketing; and\n\t(b)\tmay have regard to any other matter that the Regulator considers to be relevant.\nThis section differs from section 50A of the Commonwealth Act.\n51—Matters Regulator must take into account in preparing risk assessment and risk management plan\n\t(1)\tIn preparing the risk assessment in relation to the dealings proposed to be authorised by the licence, the Regulator must take into account the following:\n\t(a)\tthe risks posed by those dealings, including any risks to the health and safety of people or risks to the environment, having regard to the matters prescribed by the regulations;\n\t(c)\tany advice in relation to the risk assessment provided by a State or a local council in response to a request under section 50(3);\n\t(d)\tany advice in relation to the risk assessment provided by the Gene Technology Technical Advisory Committee in response to a request under section 50(3);\n\t(e)\tany advice in relation to the risk assessment provided by a Commonwealth authority or agency in response to a request under section 50(3);\n\t(f)\tany advice in relation to the risk assessment provided by Environment Australia in response to a request under section 50(3);\n\t(g)\tany other matter prescribed by the regulations for the purposes of this paragraph.\n\t(2)\tIn preparing the risk management plan, the Regulator must take into account the following:\n\t(a)\tthe means of managing any risks posed by those dealings in such a way as to protect—\n\t(i)\tthe health and safety of people; and\n\t(ii)\tthe environment;\n\t(c)\tany advice in relation to the risk management plan provided by a State or a local council in response to a request under section 50(3);\n\t(d)\tany advice in relation to the risk management plan provided by the Gene Technology Technical Advisory Committee in response to a request under section 50(3);\n\t(e)\tany advice in relation to the risk management plan provided by a Commonwealth authority or agency in response to a request under section 50(3);\n\t(f)\tany advice in relation to the risk management plan provided by Environment Australia in response to a request under section 50(3);\n\t(g)\tany other matter prescribed by the regulations for the purposes of this paragraph.\n\t(3)\tFor the avoidance of doubt, in taking into account the means of managing risks as mentioned in subsection (2)(a), the Regulator—\n\t(a)\tis not limited to considering submissions or advice mentioned in subsection (2)(b), (c), (d), (e) and (f); and\n\t(b)\tsubject to section 45, may take into account other information, including, but not limited to, relevant independent research.\n52—Public notification of risk assessment and risk management plan\n\t(1)\tAfter taking the steps referred to in sections 50 and 51, the Regulator must publish a notice—\n\t(a)\tin the Gazette; and\n\t(b)\tin 1 or more newspapers that the Regulator considers appropriate, having regard to the geographic area in which the dealings proposed to be authorised by the licence may occur; and\n\t(c)\ton the Regulator's website.\n\t(2)\tThe notice must—\n\t(a)\tstate that a risk assessment and a risk management plan have been prepared in respect of dealings proposed to be authorised by the licence; and\n\t(b)\tstate that a person may request further information about the risk assessment and the risk management plan under section 54; and\n\t(ba)\tif the Regulator is satisfied that 1 or more dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—state that the Regulator is so satisfied; and\n\t(c)\tinvite written submissions in relation to the risk assessment and the risk management plan; and\n\t(d)\tspecify the closing date for submissions, which must not be earlier than—\n\t(i)\tif the notice states that the Regulator is satisfied that the dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—50 days after the date on which the notice was published; or\n\t(ii)\tin any other case—30 days after the date on which the notice was published.\n\t(3)\tThe Regulator must also seek advice on the risk assessment and the risk management plan from—\n\t(c)\teach Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph; and\n\t(d)\tEnvironment Australia; and\n\t(e)\tany local council that the Regulator considers appropriate.\n53—Regulator may take other actions\n\t(1)\tIn addition to satisfying the requirements of this Division in relation to an application for a licence to which this Division applies, the Regulator may take any other action the Regulator considers appropriate for the purpose of deciding the application, including holding a public hearing.\n\t(2)\tIf the Regulator holds a public hearing, the Regulator may, having regard to the requirements of this Act in relation to confidential commercial information, direct that any part of the hearing be held in private, and may determine who can attend.\n\t(3)\tThe Regulator may give directions prohibiting or restricting the publication of evidence given, or material contained in documents produced, at a public hearing.\n\t(4)\tA person must not contravene a direction given under subsection (3).\nMaximum penalty: $3 300.\n54—Person may request copies of certain documents\n\t(1)\tA person may request that the Regulator provide the person with a copy of the following documents:\n\t(a)\tan application to which this Division applies;\n\t(b)\ta risk assessment or a risk management plan prepared under section 50.\n\t(2)\tIf a person makes a request under subsection (1), the Regulator must provide to the person a copy of the documents, other than—\n\t(a)\tany confidential commercial information contained in the documents; and\n\t(b)\tany information contained in the documents about relevant convictions (within the meaning of section 58) of the applicant for the licence.\nIn order for information to be confidential commercial information, it must be covered by a declaration under section 185.\n","sortOrder":12},{"sectionNumber":"Div 5","sectionType":"division","heading":"Decision on licence etc","content":"Division 5—Decision on licence etc\n55—Regulator must make a decision on licence and licence conditions\nAfter taking any steps required by Division 3 or 4 in relation to an application for a GMO licence, the Regulator—\n\t(a)\tmust decide whether to issue or refuse to issue the licence; and\n\t(b)\tif the Regulator decides to issue the licence—may impose conditions to which the licence is subject.\n56—Regulator must not issue the licence unless satisfied as to risk management\n\t(1)\tThe Regulator must not issue the licence unless the Regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence are able to be managed in such a way as to protect—\n\t(2)\tFor the purposes of subsection (1), the Regulator must have regard to the following:\n\t(a)\tthe risk assessment prepared under section 47 or 50 in relation to the dealings;\n\t(b)\tthe risk management plan prepared under section 47 or 50 in relation to the dealings;\n\t(c)\tany submissions received under section 52 in relation to the licence;\n\t(d)\tany policy guidelines in force under section 23 that relate to—\n\t(i)\trisks that may be posed by the dealings proposed to be authorised by the licence; or\n\t(ii)\tways of managing such risks so as to protect the health and safety of people or to protect the environment.\nParagraphs (a), (b) and (c) of subsection (2) do not apply to an inadvertent dealings application.\n57—Other circumstances in which Regulator must not issue the licence\n\t(1)\tThe Regulator must not issue the licence if the Regulator is satisfied that issuing the licence would be inconsistent with a policy principle in force under section 21.\n\t(2)\tThe Regulator must not issue the licence unless the Regulator is satisfied that the applicant is a suitable person to hold the licence.\n\t(3)\tSubsection (2) does not apply to an inadvertent dealings application.\n58—Matters to be taken into account in deciding whether a person is suitable to hold a licence\n\t(1)\tWithout limiting the matters to which the Regulator may have regard in deciding whether a natural person is a suitable person to hold a licence, the Regulator must have regard to—\n\t(a)\tany relevant conviction of the person; and\n\t(b)\tany revocation or suspension of a licence or permit (however described) held by the person under a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment; and\n\t(c)\tthe capacity of the person to meet the conditions of the licence.\n\t(2)\tWithout limiting the matters to which the Regulator may have regard in deciding whether a body corporate is a suitable person to hold a licence, the Regulator must have regard to the following:\n\t(a)\tany relevant conviction of the body corporate; and\n\t(b)\tif there is a relevant conviction of the body corporate—\n\t(i)\twhether the offence concerned was committed at a time when any person who is presently a director of the body corporate was a director; and\n\t(ii)\twhether that offence was committed at a time when any officer or shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such an officer or shareholder; and\n\t(c)\tany revocation or suspension of a licence or permit (however described) held by the body corporate under a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment; and\n\t(d)\tthe capacity of the body corporate to meet the conditions of the licence.\nrelevant conviction means a conviction for an offence against a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment, if—\n\t(a)\tthe offence was committed within the period of 10 years immediately before the making of the application for the licence; and\n\t(b)\tthe offence was punishable by a fine of $5 000 or more, or by a term of imprisonment of one year or more.\nThis section differs from section 58 of the Commonwealth Act.\n59—Notification of licence decision\nThe Regulator must notify the applicant in writing of the Regulator's decision (including any conditions imposed by the Regulator, if applicable).\n60—Period of licence\n\t(1)\tA licence continues in force—\n\t(a)\tif the licence is expressed to be in force for a particular period—until the end of that period; or\n\t(b)\totherwise—until it is cancelled or surrendered.\n\t(2)\tA licence is not in force throughout any period of suspension.\n\t(3)\tA licence issued as a result of an inadvertent dealings application must not be expressed to be in force for a period of longer than 12 months.\n","sortOrder":13},{"sectionNumber":"Div 6","sectionType":"division","heading":"Conditions of licences","content":"Division 6—Conditions of licences\n61—Licence is subject to conditions\nA GMO licence is subject to the following conditions:\n\t(a)\tthe conditions set out in sections 63, 64 and 65;\n\t(b)\tany conditions prescribed by the regulations;\n\t(c)\tany conditions imposed by the Regulator at the time of issuing the licence;\n\t(d)\tany conditions imposed by the Regulator under section 71 after the licence is issued.\n62—Conditions that may be prescribed or imposed\n\t(1)\tLicence conditions may include conditions that impose obligations in relation to GM products that are derived from a GMO in respect of which particular dealings are licensed.\n\t(2)\tLicence conditions may relate to, but are not limited to, the following:\n\t(a)\tthe scope of the dealings authorised by the licence;\n\t(b)\tthe purposes for which the dealings may be undertaken;\n\t(c)\tvariations to the scope or purposes of the dealings;\n\t(d)\tdocumentation and record-keeping requirements;\n\t(e)\tthe required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels;\n\t(f)\twaste disposal requirements;\n\t(g)\tmeasures to manage risks posed to the health and safety of people, or to the environment;\n\t(h)\tdata collection, including studies to be conducted;\n\t(i)\tauditing and reporting;\n\t(j)\tactions to be taken in case of the release of a GMO from a contained environment;\n\t(k)\tthe geographic area in which the dealings authorised by the licence may occur;\n\t(l)\trequiring compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;\n\t(m)\tsupervision by, and monitoring by, Institutional Biosafety Committees;\n\t(n)\tcontingency planning in respect of unintended effects of the dealings authorised by the licence;\n\t(o)\tlimiting the dissemination or persistence of the GMO or its genetic material in the environment.\n\t(3)\tLicence conditions may also include conditions requiring the licence holder to be adequately insured against any loss, damage or injury that may be caused to human health, property or the environment by the licensed dealing.\n63—Condition about informing people of obligations\n\t(1)\tIt is a condition of a licence that the licence holder inform any person covered by the licence, to whom a particular condition of the licence applies, of the following:\n\t(a)\tthe particular condition, including any variations of it;\n\t(b)\tthe cancellation or suspension of the licence;\n\t(c)\tthe surrender of the licence.\n\t(2)\tRequirements in relation to the manner in which information is provided under subsection (1) may be—\n\t(a)\tprescribed by the regulations; or\n\t(b)\tspecified by the Regulator.\n\t(3)\tSuch requirements may include, but are not limited to, measures relating to labelling, packaging, conducting training and providing information.\n\t(4)\tIf such requirements are prescribed or specified, it is a condition of a licence that the licence holder comply with the requirements.\n64—Condition about monitoring and audits\n\t(1)\tIt is a condition of a licence that if—\n\t(a)\ta person is authorised by the licence to deal with a GMO; and\n\t(b)\ta particular condition of the licence applies to the dealing by the person,\nthe person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.\n\t(2)\tSubsection (1) does not limit the conditions that may be imposed by the Regulator or prescribed by the regulations.\n65—Condition about additional information to be given to the Regulator\n\t(1)\tIt is a condition of a licence that the licence holder inform the Regulator if the licence holder—\n\t(a)\tbecomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings authorised by the licence; or\n\t(b)\tbecomes aware of any contraventions of the licence by a person covered by the licence; or\n\t(c)\tbecomes aware of any unintended effects of the dealings authorised by the licence.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\tthe licence holder is taken to have become aware of additional information of a kind mentioned in subsection (1) if the licence holder was reckless as to whether such information existed; and\n\t(b)\tthe licence holder is taken to have become aware of contraventions, or unintended effects, of a kind mentioned in subsection (1) if the licence holder was reckless as to whether such contraventions had occurred, or such unintended effects existed.\n66—Person may give information to Regulator\nA person covered by a licence may inform the Regulator if the person—\n\t(a)\tbecomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings authorised by the licence; or\n\t(b)\tbecomes aware of any contraventions of the licence by a person covered by the licence; or\n\t(c)\tbecomes aware of any unintended effects of the dealings authorised by the licence.\n67—Protection of persons who give information\nA person (the first person) does not incur any civil liability in respect of loss, damage or injury of any kind suffered by another person because the first person gave information to the Regulator under section 65, 66 or 72D(2)(h).\n","sortOrder":14},{"sectionNumber":"Div 7","sectionType":"division","heading":"Suspension, cancellation and variation of licences","content":"Division 7—Suspension, cancellation and variation of licences\n68—Suspension and cancellation of licence\nThe Regulator may, by notice in writing given to the holder of a GMO licence, suspend or cancel the licence if—\n\t(a)\tthe Regulator believes on reasonable grounds that a condition of the licence has been breached, whether by the licence holder or by a person covered by the licence; or\n\t(b)\tthe Regulator believes on reasonable grounds that the licence holder, or a person covered by the licence, has committed an offence against this Act or the regulations; or\n\t(c)\tany annual charge payable in respect of the licence remains unpaid after the due date; or\n\t(d)\tthe licence was obtained improperly; or\n\t(e)\tthe Regulator becomes aware of risks associated with the continuation of the dealings authorised by the licence, and is satisfied that the licence holder has not proposed, or is not in a position to implement, adequate measures to deal with those risks; or\n\t(f)\tthe Regulator is satisfied that the licence holder is no longer a suitable person to hold the licence.\n69—Surrender of licence\nA licence holder may, with the consent of the Regulator, surrender the licence.\n70—Transfer of licences\n\t(1)\tThe licence holder and another person (the transferee) may jointly apply to the Regulator for the licence to be transferred from the licence holder to the transferee.\n\t(2)\tThe application must be in writing, and must contain—\n\t(3)\tThe Regulator must not transfer the licence unless the Regulator is satisfied that, if the licence is transferred, any risks posed by the dealings authorised by the licence will continue to be able to be managed in such a way as to protect—\n\t(4)\tThe Regulator must not transfer the licence unless the Regulator is satisfied that the transferee is a suitable person to hold the licence.\n\t(5)\tThe Regulator must give written notice of his or her decision on the application to the licence holder and the transferee.\n\t(6)\tIf the Regulator decides to transfer the licence—\n\t(a)\tthe transfer takes effect on the date specified in the notice; and\n\t(b)\tthe licence continues in force as mentioned in section 60; and\n\t(c)\tthe licence is subject to the same conditions as those in force immediately before the transfer.\n71—Variation of licence\n\t(1)\tThe Regulator may vary a licence, by notice in writing given to the licence holder—\n\t(a)\tat any time, on the Regulator's own initiative; or\n\t(b)\ton application by the licence holder.\n\t(1A)\tAn application for a variation must be in writing and must contain—\n\t(2)\tThe Regulator must not vary a licence to authorise dealings involving the intentional release of a GMO into the environment if the application for the licence was originally considered under Division 3.\nApplications can only be considered under Division 3 if none of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.\n\t(2A)\tThe Regulator must not vary a licence if the original application for the licence was an application to which section 50A applied, unless—\n\t(a)\tthe Regulator is satisfied that the principal purpose of the licence as proposed to be varied is to enable the licence holder, and persons covered by the licence, to conduct experiments; and\n\t(b)\tthe application for variation proposes, in relation to any GMO in respect of which dealings are proposed to be authorised as a result of the variation—\n\t(i)\tcontrols to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and\n\t(ii)\tlimits on the proposed release of the GMO; and\n\t(c)\tthe Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in section 50(3).\nSection 50A applies to an application that proposes controls and limits on the dissemination, persistence and release of the GMO concerned and is for the purpose of conducting experiments.\n\t(2B)\tIf an application has been made for variation of a licence, the Regulator must not vary the licence unless the Regulator is satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by—\n\t(a)\tthe risk assessment and the risk management plan in respect of the original application for the licence; or\n\t(b)\tthe risk assessment and the risk management plan in respect of an application for another licence, but only if that other licence was issued.\n\t(3)\tWithout limiting subsection (1), the Regulator may—\n\t(a)\timpose licence conditions or additional licence conditions; or\n\t(b)\tremove or vary licence conditions that were imposed by the Regulator; or\n\t(c)\textend or reduce the authority granted by the licence.\n\t(4)\tThe Regulator must not vary a licence unless the Regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence as varied are able to be managed in such a way as to protect—\n\t(5)\tThe Regulator must not vary a licence unless any local council that the Regulator considers appropriate has been consulted on the proposed variation.\n\t(6)\tThe Regulator must not vary a licence in the circumstances (if any) prescribed by the regulations.\n\t(7)\tIf an application has been made for variation of a licence, the Regulator must vary the licence, or refuse to vary the licence, within the period (if any) prescribed by the regulations.\n\t(8)\tFor the purposes of subsection (2A)—\ncontrols has the same meaning as in section 50A(2);\nlimits has the same meaning as in section 50A(3).\n72—Regulator to notify of proposed suspension, cancellation or variation\n\t(1)\tBefore suspending, cancelling or varying a licence under this Division, the Regulator must give written notice of the proposed suspension, cancellation or variation to the licence holder.\n\t(a)\tmust state that the Regulator proposes to suspend, cancel or vary the licence; and\n\t(b)\tmay require the licence holder to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and\n\t(c)\tmay invite the licence holder to make a written submission to the Regulator about the proposed suspension, cancellation or variation.\n\t(3)\tThe notice must specify a period within which the licence holder—\n\t(4)\tIn considering whether to suspend, cancel or vary a licence, the Regulator must have regard to any submission made under subsection (2)(c).\n\t(5)\tThis section does not apply to a suspension, cancellation or variation requested by the licence holder.\n\t(6)\tThis section does not apply to a suspension, cancellation or variation of a licence if the Regulator considers that the suspension, cancellation or variation is necessary in order to avoid an imminent risk of death, serious illness, serious injury or serious damage to the environment.\n\t(7)\tThis section does not apply to a variation of a licence if the Regulator is satisfied that the variation is of minor significance or complexity.\n","sortOrder":15},{"sectionNumber":"Div 8","sectionType":"division","heading":"Annual charge","content":"Division 8—Annual charge\n72AA—GMO licence—annual charge\n\t(1)\tA person who is the holder of a GMO licence at any time during a financial year is liable to pay a charge for the licence in respect of that year.\n\t(2)\tThe amount of the charge for a financial year is such amount as is prescribed by the regulations.\n\t(3)\tThe amount of the charge prescribed for a financial year may be in the nature of a tax and not be related to the cost of providing any service.\nThis section does not appear in the Commonwealth Act. Provision is included, however, in the Gene Technology (Licence Charges) Act 2000 of the Commonwealth for the imposition of an annual charge for a GMO licence.\n","sortOrder":16},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Emergency dealing determinations","content":"Part 5A—Emergency dealing determinations\n72A—Simplified outline\nIn outline, this Part provides a system under which the Minister can make determinations relating to dealings with GMOs in emergencies.\nThis section differs from section 72A of the Commonwealth Act.\nDivision 2—Making of emergency dealing determination\n72B—Minister may make emergency dealing determination\n\t(1)\tThe Minister may, by order published in the Gazette (an emergency dealing determination), specify dealings with a GMO for the purposes of this Part.\n\t(2)\tThe Minister may make an emergency dealing determination only if the Minister administering section 72B of the Commonwealth Act has made, or is proposing to make, a corresponding Commonwealth emergency dealing determination.\nSection 72B of the Commonwealth Act includes a subsection (3) dealing with threats of a kind mentioned in subsection (2) of that section.\n\t(3)\tThe dealings in respect of which the Minister may make an emergency dealing determination may be—\n\t(c)\t1 or more specified dealings with a GMO or with a specified class of GMOs.\nThis section differs from section 72B of the Commonwealth Act.\n72C—Period of effect of emergency dealing determination\n\t(1)\tAn emergency dealing determination takes effect—\n\t(a)\ton the day on which the emergency dealing determination is made; or\n\t(b)\ton a later day that is specified in the emergency dealing determination.\n\t(2)\tAn emergency dealing determination ceases to have effect—\n\t(a)\tsubject to subsection (3), at the end of the period of 6 months starting when the emergency dealing determination takes effect; or\n\t(b)\tat the end of the period specified by the Minister in the emergency dealing determination; or\n\t(c)\twhen the emergency dealing determination is revoked,\nwhichever occurs first.\n\t(3)\tThe Minister may, by order published in the Gazette, extend the period of effect of an emergency dealing determination.\n\t(4)\tThe Minister may extend the period of effect of an emergency dealing determination under subsection (3) more than once, but each single such extension must not exceed 6 months.\n\t(5)\tThe Minister may extend the period of effect of an emergency dealing determination only if the Minister administering section 72C of the Commonwealth Act has under that section extended, or is proposing to extend under that section, the period of effect of the corresponding Commonwealth emergency dealing determination.\n\t(6)\tAn order extending the period of effect of an emergency dealing determination takes effect at the time when the determination would have ceased to have effect but for the extension.\nThis section differs from section 72C of the Commonwealth Act.\nDivision 3—Effect and conditions of emergency dealing determination\n72D—Emergency dealing determination authorises dealings, subject to conditions\n\t(1)\tIf an emergency dealing determination is in force in respect of dealings with a GMO, those dealings are authorised, subject to the conditions (if any) specified in the emergency dealing determination.\n\t(2)\tConditions may relate to, but are not limited to, the following:\n\t(a)\tthe quantity of GMO in relation to which dealings are covered;\n\t(b)\tthe scope of the dealings covered;\n\t(c)\tthe purposes for which the dealings may be undertaken;\n\t(d)\tvariations to the scope or purposes of the dealings;\n\t(e)\tthe source of the GMO;\n\t(f)\tthe persons who may deal with the GMO;\n\t(g)\tthe information that is required to be given by a person and the person to whom that information is to be given;\n\t(h)\tobligations about informing the Regulator if—\n\t(i)\ta person becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings specified in the emergency dealing determination; or\n\t(ii)\ta person becomes aware of any contraventions of the conditions to which the emergency dealing determination is subject by any person; or\n\t(iii)\ta person becomes aware of any unintended effects of the dealings specified in the emergency dealing determination;\n\t(i)\tthe storage and security of the GMO;\n\t(j)\tthe required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels;\n\t(k)\twaste disposal requirements;\n\t(l)\tthe manner in which any quantity of the GMO is to be dealt with if a condition of the emergency dealing determination is breached;\n\t(m)\tmeasures to manage risks posed to the health and safety of people, or to the environment;\n\t(n)\tdata collection, including studies to be conducted;\n\t(o)\tauditing and reporting;\n\t(p)\tthe keeping and disclosure of, and access to, records about the GMO;\n\t(q)\tactions to be taken in case of the release of the GMO from a contained environment;\n\t(r)\tthe geographic area in which the dealings specified in the emergency dealing determination may occur;\n\t(s)\trequirements for compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;\n\t(t)\tsupervision by, and monitoring by, Institutional Biosafety Committees;\n\t(u)\tcontingency planning in respect of unintended effects of the dealings specified in the emergency dealing determination;\n\t(v)\tlimiting the dissemination or persistence of the GMO or its genetic material in the environment;\n\t(w)\tany other matters that the Minister thinks appropriate.\n\t(3)\tA condition under subsection (2)(f) may permit dealings with a GMO by, or may impose obligations on—\n\t(a)\ta specified person or persons; or\n\t(b)\ta specified class of person.\n\t(4)\tIt is a condition of an emergency dealing determination that if—\n\t(a)\ta dealing with a GMO is specified in the emergency dealing determination; and\n\t(b)\ta particular condition of the emergency dealing determination applies to the dealing by a person,\nthe person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.\n\t(5)\tSubsection (4) does not limit the conditions that may be specified in an emergency dealing determination.\nDivision 4—Variation, suspension and revocation of emergency dealing determination\n72E—Variation, suspension and revocation of emergency dealing determination\n\t(1)\tThe Minister may, by order published in the Gazette, vary the conditions to which an emergency dealing determination is subject, including by imposing new conditions, if the Minister administering section 72E of the Commonwealth Act has made, or is proposing to make, the same variation to the corresponding Commonwealth emergency dealing determination.\n\t(2)\tThe Minister may, by order published in the Gazette, suspend or revoke an emergency dealing determination if the Minister administering section 72E of the Commonwealth Act has suspended or revoked, or is proposing to suspend or revoke, (as the case requires) the corresponding Commonwealth emergency dealing determination.\nSection 72E of the Commonwealth Act includes a subsection (3) dealing with consultation with the States in relation to the variation, suspension or revocation of an emergency dealing determination.\n\t(3)\tA variation, suspension or revocation of an emergency dealing determination takes effect—\n\t(a)\tif the Minister states in the variation, suspension or revocation that the variation, suspension or revocation is necessary to prevent imminent risk of death, serious illness, serious injury or serious environmental damage—on the day on which the variation, suspension or revocation is made; or\n\t(b)\tin any other case—on the day specified by the Minister in the variation, suspension or revocation.\n\t(4)\tThe day specified as mentioned in subsection (3)(b) must not be earlier than 30 days after the day on which the variation, suspension or revocation is made.\nThis section differs from section 72E of the Commonwealth Act.\n","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Regulation of notifiable low risk dealings and dealings on the GMO Register","content":"Part 6—Regulation of notifiable low risk dealings and dealings on the GMO Register\n73—Simplified outline\n\t(a)\testablishes a mechanism for the regulations to regulate certain dealings with GMOs (notifiable low risk dealings) that do not involve the intentional release of GMOs into the environment (see Division 2);\n\t(b)\tprovides that the regulations may (among other things) require that the Regulator be notified of such dealings;\n\t(c)\tenables the Regulator to determine that certain dealings previously authorised by a licence be included on the GMO Register;\n\t(d)\tensures that, if a dealing is included on the GMO Register, anyone may undertake the dealing, subject to specified conditions.\nThis section differs from section 73 of the Commonwealth Act.\nDivision 2—Notifiable low risk dealings\n74—Notifiable low risk dealings\n\t(1)\tThe regulations may declare a dealing with a GMO to be a notifiable low risk dealing for the purposes of this Act.\n\t(2)\tBefore the Governor makes regulations declaring a dealing with a GMO to be a notifiable low risk dealing, the Regulator must be satisfied that the dealing would not involve the intentional release of a GMO into the environment.\n\t(3)\tBefore the Governor makes regulations declaring a dealing with a GMO to be a notifiable low risk dealing, the Regulator must consider—\n\t(a)\twhether the dealing with the GMO would involve any risk to the health and safety of people, or to the environment, taking into account—\n\t(i)\tthe properties of the GMO as a pathogen or pest; and\n\t(ii)\tthe toxicity of any proteins produced by the GMO; and\n\t(b)\tif there is such a risk—whether 1 or more of the requirements prescribed in the regulations for the purposes of subsection (2) would be sufficient to manage that risk; and\n\t(c)\tany other matter the Regulator considers appropriate.\n\t(4)\tRegulations under subsection (1) may be expressed to apply to—\n\t(c)\tone or more specified dealings with a GMO or with a specified class of GMOs.\n75—Regulation of notifiable low risk dealings\n\t(1)\tThe regulations may regulate—\n\t(a)\ta specified notifiable low risk dealing; or\n\t(b)\ta specified class of notifiable low risk dealings,\nfor the purpose of protecting the health and safety of people or the environment.\n\t(2)\tThe regulations may prescribe different requirements to be complied with in different situations or by different persons, including requirements in relation to the following:\n\t(a)\tthe class of person who may undertake notifiable low risk dealings;\n\t(b)\tnotifying the Regulator of notifiable low risk dealings;\n\t(c)\tsupervision by Institutional Biosafety Committees of notifiable low risk dealings;\n\t(d)\tthe containment level of facilities in which notifiable low risk dealings may be undertaken.\nDivision 3—The GMO Register\n76—GMO Register\nSection 76 of the Commonwealth Act provides for the establishment and maintenance of the GMO Register.\n77—Contents of Register\nIf the Regulator determines under section 78 that a dealing with a GMO is to be included on the GMO Register, the Regulator must specify in the GMO Register—\n\t(a)\ta description of the dealing with the GMO; and\n\t(b)\tany condition to which the dealing is subject.\n78—Regulator may include dealings with GMOs on GMO Register\n\t(1)\tThe Regulator may, by writing, determine that a dealing with a GMO is to be included on the GMO Register if the Regulator is satisfied that—\n\t(a)\tthe dealing is, or has been, authorised by a GMO licence; or\n\t(b)\tthe GMO concerned—\n\t(i)\tis a GM product; and\n\t(ii)\tis a genetically modified organism only because of regulations made under paragraph (c) of the definition of genetically modified organism.\n\t(2)\tA determination under subsection (1) may be made—\n\t(a)\ton application by the holder of a licence that authorises the dealing; or\n\t(b)\ton the initiative of the Regulator.\n\t(3)\tA determination under subsection (1) comes into effect on the day specified in the determination.\nSection 78(4) of the Commonwealth Act provides for determinations to be disallowable instruments.\n79—Regulator not to make determination unless risks can be managed\n\t(1)\tThe Regulator must not make a determination under section 78(1) in respect of a dealing with a GMO unless the Regulator is satisfied—\n\t(a)\tthat any risks posed by the dealing are minimal; and\n\t(b)\tthat it is not necessary for persons undertaking the dealing to hold, or be covered by, a GMO licence, in order to protect the health and safety of people or to protect the environment.\n\t(2)\tFor the purposes of subsection (1), the Regulator must have regard to the following:\n\t(a)\tany data available to the Regulator about adverse effects posed by the dealing;\n\t(b)\tany other information as to risks associated with the dealing of which the Regulator is aware, including information provided to the Regulator by a licence holder under section 65 or by another person under section 66;\n\t(c)\twhether there is a need for the dealing to be subject to conditions;\n\t(d)\tany other information in relation to whether the dealing should be authorised by a GMO licence.\n\t(3)\tThe Regulator may have regard to such other matters as the Regulator considers relevant.\n80—Variation of GMO Register\n\t(1)\tThe Regulator may vary the GMO Register by written determination.\n\t(2)\tA variation may—\n\t(a)\tremove a dealing from the GMO Register; or\n\t(b)\trevoke or vary conditions to which a dealing on the GMO Register is subject; or\n\t(c)\timpose additional conditions to which a dealing on the GMO Register is subject.\n81—Inspection of Register\nSection 81 of the Commonwealth Act requires the Regulator to permit any person to inspect the GMO Register.\n","sortOrder":18},{"sectionNumber":"Part 7","sectionType":"part","heading":"Certification and accreditation","content":"Part 7—Certification and accreditation\n82—Simplified outline\n\t(a)\testablishes a system under which the Regulator may certify facilities to specified containment levels in accordance with guidelines issued by the Regulator. Licence conditions, or conditions to which an emergency dealing determination is subject, can require that facilities be certified to specified containment levels (see Division 2);\n\t(b)\tenables the Regulator to accredit organisations in accordance with accreditation guidelines issued by the Regulator. Licence conditions, or conditions to which an emergency dealing determination is subject, can specify that dealings must be supervised by an Institutional Biosafety Committee established by an accredited organisation (see Division 3).\nDivision 2—Certification\n83—Application for certification\n\t(1)\tA person may apply to the Regulator for certification of a facility to a particular containment level under this Division.\n\t(2)\tThe application must be in writing and must contain such information as the Regulator requires.\nThe conditions of a licence, or conditions to which an emergency dealing determination is subject, may require that a facility be certified under this Division.\n\t(3)\tThe application must be accompanied by the application fee (if any) prescribed by the regulations.\n84—When the Regulator may certify the facility\nThe Regulator may, by written instrument, certify the facility to a specified containment level if the facility meets the containment requirements specified in guidelines issued by the Regulator under section 90.\n85—Regulator may require applicant to give further information\n\t(1)\tThe Regulator may, by notice in writing, require an applicant for certification of a facility to give the Regulator such further information in relation to the application as the Regulator requires.\n86—Conditions of certification\nThe certification of a facility is subject to the following conditions:\n\t(a)\tany conditions imposed by the Regulator at the time of certification;\n\t(b)\tany conditions imposed by the Regulator under section 87 after certification;\n\t(c)\tany conditions prescribed by the regulations.\n87—Variation of certification\n\t(1)\tThe Regulator may, at any time, by notice in writing given to the holder of the certification, vary the certification of a facility.\n\t(2)\tWithout limiting subsection (1), the Regulator may—\n\t(a)\timpose additional conditions; or\n\t(b)\tremove or vary conditions that were imposed by the Regulator.\n88—Suspension or cancellation of certification\nThe Regulator may, by notice in writing, suspend or cancel the certification of a facility if the Regulator believes on reasonable grounds that a condition of the certification has been breached.\n89—Regulator to notify of proposed suspension, cancellation or variation\n\t(1)\tBefore suspending, cancelling or varying a certification under this Division, the Regulator must give written notice of the proposed suspension, cancellation or variation to the holder of the certification.\n\t(a)\tmust state that the Regulator proposes to suspend, cancel or vary the certification; and\n\t(b)\tmay require the holder of the certification to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and\n\t(c)\tmay invite the holder of the certification to make a written submission to the Regulator about the proposed suspension, cancellation or variation.\n\t(3)\tThe notice must specify a period within which the holder of the certification—\n\t(4)\tIn considering whether to suspend, cancel or vary a certification, the Regulator must have regard to any submission made under subsection (2)(c).\n\t(5)\tThis section does not apply to a suspension, cancellation or variation requested by the holder of the certification.\n\t(6)\tThis section does not apply to a suspension, cancellation or variation of a certification if the Regulator considers that the suspension, cancellation or variation is necessary in order to avoid an imminent risk of death, serious illness, serious injury or serious damage to the environment.\n\t(7)\tThis section does not apply to a variation of a licence if the Regulator is satisfied that the variation is of minor significance or complexity.\n89A—Transfer of certification\n\t(1)\tThe holder of a certification and another person (the transferee) may jointly apply to the Regulator for the certification to be transferred from the holder of the certification to the transferee.\n\t(2)\tThe application must be in writing and must contain—\n\t(3)\tThe Regulator must not transfer the certification unless the Regulator is satisfied that, if the certification is transferred, any conditions to which the certification is subject will continue to be met.\n\t(4)\tThe Regulator must give written notice of his or her decision on the application to the holder of the certification and the transferee.\n\t(5)\tIf the Regulator decides to transfer the certification—\n\t(a)\tthe transfer takes effect on the date specified in the notice; and\n\t(b)\tthe certification continues in force; and\n\t(c)\tthe certification is subject to the same conditions as those in force immediately before the transfer.\n90—Guidelines\n\t(1)\tThe Regulator may, by written instrument, issue technical or procedural guidelines about the requirements for the certification of facilities to specified containment levels.\n\t(2)\tThe Regulator may, by written instrument, vary or revoke the guidelines.\nDivision 3—Accredited organisations\n91—Application for accreditation\n\t(1)\tA person may apply to the Regulator for accreditation of an organisation as an accredited organisation under this Division.\n1\tThe conditions of a licence may require supervision of dealings by an Institutional Biosafety Committee (see section 62(2)(m)) and the regulations may require such supervision of notifiable low risk dealings (see section 75(2)(c)).\n2\tThe conditions to which an emergency dealing determination is subject may require supervision of dealings by an Institutional Biosafety Committee (see section 72D(2)(t)).\n\t(2)\tThe application must be in writing, and must contain such information as the Regulator requires.\n92—Regulator may accredit organisations\n\t(1)\tThe Regulator may, by written instrument, accredit an organisation as an accredited organisation.\n\t(2)\tIn deciding whether to accredit an organisation, the Regulator must have regard to—\n\t(a)\twhether the organisation has established an Institutional Biosafety Committee in accordance with written guidelines issued by the Regulator under section 98; and\n\t(b)\tif the organisation has established an Institutional Biosafety Committee—whether the organisation will be able to maintain the Institutional Biosafety Committee in accordance with such guidelines; and\n\t(c)\tif the organisation has established an Institutional Biosafety Committee—whether the organisation has appropriate indemnity arrangements for its Institutional Biosafety Committee members; and\n\t(ca)\tif the organisation has not established an Institutional Biosafety Committee as mentioned in paragraph (a)—whether the organisation will be in a position to use an Institutional Biosafety Committee established by an accredited organisation; and\n\t(d)\tany other matters specified in such guidelines.\n93—Regulator may require applicant to give further information\n\t(1)\tThe Regulator may, by notice in writing, require an applicant for accreditation of an organisation to give the Regulator such further information in relation to the application as the Regulator requires.\n94—Conditions of accreditation\nThe accreditation of an accredited organisation is subject to the following conditions:\n\t(a)\tany conditions imposed by the Regulator at the time of accreditation;\n\t(b)\tany conditions imposed by the Regulator under section 95 after accreditation;\n\t(c)\tany conditions prescribed by the regulations.\n95—Variation of accreditation\n\t(1)\tThe Regulator may, at any time, by notice in writing given to an accredited organisation, vary the organisation's accreditation.\n\t(2)\tWithout limiting subsection (1), the Regulator may—\n\t(a)\timpose additional conditions; or\n\t(b)\tremove or vary conditions that were imposed by the Regulator.\n96—Suspension or cancellation of accreditation\nThe Regulator may, by notice in writing, suspend or cancel the accreditation of an organisation if the Regulator believes on reasonable grounds that a condition of the accreditation has been breached.\n97—Regulator to notify of proposed suspension, cancellation or variation\n\t(1)\tBefore suspending, cancelling or varying an accreditation under this Division, the Regulator must give written notice of the proposed suspension, cancellation or variation to the holder of the accreditation.\n\t(a)\tmust state that the Regulator proposes to suspend, cancel or vary the accreditation; and\n\t(b)\tmay require the holder of the accreditation to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and\n\t(c)\tmay invite the holder of the accreditation to make a written submission to the Regulator about the proposed suspension, cancellation or variation.\n\t(3)\tThe notice must specify a period within which the holder of the accreditation—\n\t(4)\tIn considering whether to suspend, cancel or vary an accreditation, the Regulator must have regard to any submission made under subsection (2)(c).\n\t(5)\tThis section does not apply to a suspension, cancellation or variation requested by the holder of the accreditation.\n\t(6)\tThis section does not apply to a suspension, cancellation or variation of an accreditation if the Regulator considers that the suspension, cancellation or variation is necessary in order to avoid an imminent risk of death, serious illness, serious injury or serious damage to the environment.\n\t(7)\tThis section does not apply to a variation of an accreditation if the Regulator is satisfied that the variation is of minor significance or complexity.\n98—Guidelines\n\t(1)\tThe Regulator may, by written instrument, issue technical or procedural guidelines in relation to requirements that must be met in order for an organisation to be accredited under this Division.\n\t(2)\tThe guidelines may relate to, but are not limited to, matters concerning the establishment and maintenance of Institutional Biosafety Committees.\n\t(3)\tThe Regulator may, by written instrument, vary or revoke the guidelines.\n","sortOrder":19},{"sectionNumber":"Part 8","sectionType":"part","heading":"The Gene Technology Technical Advisory Committee and the Gene Technology Ethics and Community Consultative Committee","content":"Part 8—The Gene Technology Technical Advisory Committee and the Gene Technology Ethics and Community Consultative Committee\n99—Simplified outline\nIn outline, this Part sets out the functions under this Act of the Gene Technology Technical Advisory Committee and the Gene Technology Ethics and Community Consultative Committee.\nThis section differs from section 99 of the Commonwealth Act.\nDivision 2—The Gene Technology Technical Advisory Committee\n100—The Gene Technology Technical Advisory Committee\nSection 100 of the Commonwealth Act provides for the establishment and membership of the Gene Technology Technical Advisory Committee.\n101—Function of the Gene Technology Technical Advisory Committee\nThe function of the Gene Technology Technical Advisory Committee under this Act is to provide scientific and technical advice, on the request of the Regulator or the Ministerial Council, on the following:\n\t(a)\tgene technology, GMOs and GM products;\n\t(b)\tapplications made under this Act;\n\t(c)\tthe biosafety aspects of gene technology;\n\t(d)\tthe need for policy principles, policy guidelines, codes of practice and technical and procedural guidelines in relation to GMOs and GM products and the content of such principles, guidelines and codes.\n102—Expert advisers\nSection 102 of the Commonwealth Act provides for the appointment of expert advisers to the Gene Technology Technical Advisory Committee.\n103—Remuneration\nSection 103 of the Commonwealth Act provides for the payment of remuneration and allowances to members of, and expert advisers to, the Gene Technology Technical Advisory Committee.\n104—Members and procedures\nSection 104 of the Commonwealth Act empowers the making of regulations relating to the membership and operation of the Gene Technology Technical Advisory Committee.\n105—Subcommittees\nSection 105 of the Commonwealth Act deals with the establishment of subcommittees by the Gene Technology Technical Advisory Committee.\nDivision 3—The Gene Technology Ethics and Community Consultative Committee\n106—The Gene Technology Ethics and Community Consultative Committee\nSection 106 of the Commonwealth Act establishes the Gene Technology Ethics and Community Consultative Committee.\n107—Function of Ethics and Community Committee\nThe function of the Ethics and Community Committee under this Act is to provide advice, on the request of the Regulator or the Ministerial Council, on the following:\n\t(a)\tethical issues relating to gene technology;\n\t(b)\tthe need for, and content of, codes of practice in relation to ethics in respect of conducting dealings with GMOs;\n\t(c)\tthe need for, and content of, policy principles in relation to dealings with GMOs that should not be conducted for ethical reasons;\n\t(d)\tthe need for policy principles, policy guidelines, codes of practice and technical and procedural guidelines in relation to GMOs and GM products and the content of such principles, guidelines and codes;\n\t(e)\tcommunity consultation in respect of the process for applications for licences covering dealings that involve the intentional release of a GMO into the environment;\n\t(f)\trisk communication matters in relation to dealings that involve the intentional release of a GMO into the environment;\n\t(g)\tmatters of general concern identified by the Regulator in relation to applications made under this Act;\n\t(h)\tmatters of general concern in relation to GMOs.\n108—Membership\nSection 108 of the Commonwealth Act provides for the membership of the Ethics and Community Committee.\n109—Remuneration\nSection 109 of the Commonwealth Act provides for the payment of remuneration and allowances to members of the Ethics and Community Committee.\n110—Regulations\nSection 110 of the Commonwealth Act empowers the making of regulations relating to the membership and procedures of the Ethics and Community Committee.\n111—Subcommittees\nSection 111 of the Commonwealth Act deals with the establishment of subcommittees by the Ethics and Community Committee.\n112—Expert advisers\nSection 112 of the Commonwealth Act provides for the appointment of expert advisers to the Ethics and Community Committee.\n","sortOrder":20},{"sectionNumber":"Part 9","sectionType":"part","heading":"Administration","content":"Part 9—Administration\n117—Simplified outline\n\t(a)\tprovides for financial matters (see Division 3);\n\t(b)\tsets out reporting requirements (see Division 5);\n\t(c)\trequires the Regulator to ensure that certain information is entered on a record of GMO dealings (see Division 6);\n\t(d)\tpermits the Regulator to review notifiable low risk dealings and exemptions (see Division 7).\nThis section differs from section 117 of the Commonwealth Act.\nDivision 2—Appointment and conditions of Regulator\n118—Appointment of the Regulator\nSection 118 of the Commonwealth Act provides for the appointment of the Regulator.\n119—Termination of appointment\nSection 119 of the Commonwealth Act sets out the circumstances in which the Regulator's appointment may be terminated.\n120—Disclosure of interests\nSection 120 of the Commonwealth Act requires the Regulator to disclose his or her interests to the Minister.\n121—Acting appointment\nSection 121 of the Commonwealth Act deals with the appointment of a person to act as the Regulator.\n122—Terms and conditions\nSection 122 of the Commonwealth Act deals with the terms and conditions of appointment of the Regulator.\n123—Outside employment\nSection 123 of the Commonwealth Act prohibits the Regulator from engaging in paid outside employment without the approval of the Minister.\n124—Remuneration\nSection 124 of the Commonwealth Act provides for the payment of remuneration and allowances to the Regulator.\n125—Leave of absence\nSection 125 of the Commonwealth Act deals with the entitlement of the Regulator to leave of absence.\n126—Resignation\nSection 126 of the Commonwealth Act deals with the procedure for resignation by the Regulator.\nDivision 3—Money\n127—Regulator may charge for services\nThe Regulator may charge for services provided by, or on behalf of, the Regulator in the performance of the Regulator's functions under this Act or the regulations.\n128—Notional payments by the State\n\t(1)\tThe purpose of this section is to ensure that fees and charges under this Act and the regulations are notionally payable by the State of South Australia and bodies representing the State.\n\t(2)\tThe Treasurer may give written directions for the purpose of this section, including directions relating to the transfer of amounts within, or between, accounts operated by the State of South Australia.\nThis section differs from section 128 of the Commonwealth Act.\n129—Gene Technology Account\nSection 129 of the Commonwealth Act provides for the establishment of the Gene Technology Account.\n130—Credits to Gene Technology Account\n\t(1)\tThere must be paid to the Commonwealth for crediting to the Gene Technology Account the following:\n\t(a)\tamounts equal to money from time to time received by the State of South Australia under Division 8 of Part 5;\n\t(b)\tamounts equal to fees received by the State of South Australia under sections 40(6) and 83(3);\n\t(c)\tamounts equal to amounts received by the State of South Australia in connection with the performance of the Regulator's functions under this Act or the regulations;\n\t(d)\tamounts equal to amounts recovered by the State of South Australia under section 146(5) or 158(4), to the extent that they are referable to costs paid out of the Gene Technology Account.\n\t(2)\tThe Consolidated Account is appropriated to the necessary extent to enable amounts to be paid to the Commonwealth in accordance with subsection (1).\nThis section differs from section 130 of the Commonwealth Act.\n131—Recovery of amounts\nThe following amounts may be recovered in a court of competent jurisdiction as debts due to the State of South Australia:\n\t(a)\tamounts payable to the State of South Australia under Division 8 of Part 5;\n\t(b)\tfees payable to the State of South Australia under this Act or the regulations;\n\t(c)\tamounts payable to the State of South Australia in connection with the performance of the Regulator's functions under this Act or the regulations.\n132—Purposes of Account\nSection 132 of the Commonwealth Act sets out the purposes for which money in the Gene Technology Account may be expended.\nDivision 4—Staffing\n133—Staff assisting the Regulator\nSection 133 of the Commonwealth Act provides for staff to be made available to assist the Regulator.\n134—Consultants\nSection 134 of the Commonwealth Act enables the Regulator to engage consultants.\n135—Seconded officers\nSection 135 of the Commonwealth Act provides for staff to be seconded to the Regulator.\nDivision 5—Reporting requirements\n136—Annual report\n\t(1)\tAs soon as practicable after the end of each financial year, the Regulator must prepare and give to the Minister a report on the operations of the Regulator under this Act and the regulations during that year.\n\t(1A)\tThe report must include information about the following:\n\t(a)\tGMO licences issued during the financial year;\n\t(b)\tany breaches of conditions of a GMO licence that have come to the Regulator's attention during the financial year;\n\t(c)\temergency dealing determinations made by the Minister during the financial year;\n\t(d)\tany breaches of conditions of an emergency dealing determination that have come to the Regulator's attention during the financial year;\n\t(e)\tauditing and monitoring of dealings with GMOs under this Act by the Regulator or an inspector during the financial year.\nAuditing and monitoring may include spot checks.\n\t(2)\tThe Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days of that House after the Minister receives the report.\nSection 136(3) of the Commonwealth Act requires the Regulator to give a copy of his or her report under that section to each State.\n137—Reports to Parliament\n\t(1)\tThe Regulator may at any time prepare a report about matters under this Act or the regulations and send copies of the report to the President of the Legislative Council and the Speaker of the House of Assembly to be laid before their respective Houses of Parliament.\n\t(2)\tThe Regulator must give a copy of the report to the Minister.\nSection 137(2) of the Commonwealth Act requires the Regulator to give a copy of his or her report under that section to each State.\nDivision 6—Record of GMO Dealings\n138—Record of GMO Dealings\n\t(1)\tThe Record must contain the following information, other than confidential commercial information, in relation to each licence issued under section 55:\n\t(a)\tthe name of the licence holder;\n\t(b)\tthe persons covered by the licence;\n\t(c)\tthe dealings authorised by the licence and the GMO to which those dealings relate;\n\t(d)\tany licence conditions;\n\t(e)\tthe date on which the licence was issued, and its expiry date (if any).\n\t(1A)\tThe Record must contain the following information, other than confidential commercial information, in relation to each emergency dealing determination made under section 72B:\n\t(a)\tthe dealings specified in the emergency dealing determination and the GMO to which those dealings relate;\n\t(b)\tany conditions to which the emergency dealing determination is subject;\n\t(c)\tthe date on which the emergency dealing determination takes effect;\n\t(d)\tthe date on which the emergency dealing determination will cease to have effect.\n\t(2)\tThe Record must contain the following information, other than confidential commercial information, in relation to each notifiable low risk dealing that is notified to the Regulator in accordance with regulations under section 75:\n\t(a)\tthe name of the person who notified the dealing;\n\t(b)\tsuch particulars of the dealing as are prescribed by the regulations for the purposes of this paragraph.\n\t(3)\tThe Record must contain such information as is prescribed by the regulations, other than confidential commercial information, in relation to GM products mentioned in designated notifications given to the Regulator under any Act.\n\t(4)\tThe Record must also contain—\n\t(a)\ta description of each dealing on the GMO Register; and\n\t(b)\tany condition to which the dealing is subject.\n\t(5)\tThe Regulator must ensure that information mentioned in subsection (1), (1A), (2), (3) or (4) is entered on the Record as soon as reasonably practicable.\n\t(6)\tIn this section—\ndesignated notification means a notification required to be given to the Regulator under an Act or any law applying as a law of the State of South Australia by force of an Act.\nThis section differs from section 138 of the Commonwealth Act.\n139—Inspection of Record\nSection 139 of the Commonwealth Act requires the Regulator to permit any person to inspect the Record.\nDivision 7—Reviews of notifiable low risk dealings and exemptions\n140—Regulator may review notifiable low risk dealings\n\t(1)\tThe Regulator may, at any time, in accordance with this Division, consider the following matters:\n\t(a)\twhether a dealing with a GMO should be a notifiable low risk dealing;\n\t(b)\twhether an existing notifiable low risk dealing should no longer be a notifiable low risk dealing.\n\t(2)\tThe basis of the Regulator's consideration must relate to—\n\t(a)\tthe matters of which the Regulator must be satisfied under section 74(2); or\n\t(b)\tthe matters the Regulator must consider under section 74(3).\n141—Regulator may review exemptions\nThe Regulator may, at any time, in accordance with this Division, consider the following matters:\n\t(a)\twhether a dealing that is an exempt dealing within the meaning of section 32 should not be an exempt dealing;\n\t(b)\twhether a dealing should be an exempt dealing within the meaning of that section.\n142—Regulator may give notice of consideration\n\t(1)\tThe Regulator may publish a notice inviting written submissions in relation to any matter that the Regulator may consider under section 140 or 141. The notice must—\n\t(a)\tspecify the matters to which submissions are to relate; and\n\t(b)\tspecify the closing date for submissions, which must not be earlier than 30 days after the date on which the notice was published.\n\t(2)\tIf the Regulator publishes a notice under subsection (1), the Regulator must also give written notice, stating the matters mentioned in subsection (1), to—\n\t(c)\teach Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph.\n\t(3)\tA notice under this section may relate to a single matter or to a class of matters.\n143—What Regulator may do after consideration\n\t(a)\tthe matter relates to whether a dealing should be a notifiable low risk dealing; and\n\t(b)\tthe Regulator is satisfied as mentioned in section 74(2); and\n\t(c)\tthe Regulator has considered the matters mentioned in section 74(3),\nthe Regulator may recommend to the Ministerial Council that the dealing be declared to be a notifiable low risk dealing.\n\t(2)\tIf—\n\t(a)\tthe matter relates to whether an existing notifiable low risk dealing be reconsidered; and\n\t(b)\tafter having had regard to the matters mentioned in section 74, the Regulator considers that the dealing should not be a notifiable low risk dealing,\nthe Regulator may recommend to the Ministerial Council that the regulations be amended accordingly.\n\t(3)\tIf the matter relates to whether a dealing—\n\t(a)\tshould be an exempt dealing; or\n\t(b)\tshould cease to be an exempt dealing,\nthe Regulator may recommend to the Ministerial Council that the regulations be amended accordingly.\n144—Regulator not required to review matters\nNothing in this Division requires the Regulator to consider a matter under section 140 or 141.\n","sortOrder":21},{"sectionNumber":"Part 10","sectionType":"part","heading":"Enforcement","content":"Part 10—Enforcement\n145—Simplified outline\n\t(a)\tenables the Regulator to give directions to a licence holder or to a person covered by a licence if—\n\t(i)\tthe Regulator believes that the person is not complying with this Act or the regulations; and\n\t(ii)\tthe Regulator believes that it is necessary to do so in order to protect the health and safety of people or to protect the environment, or for certain other reasons;\n\t(ab)\tenables the Regulator to give directions to a person permitted by an emergency dealing determination to deal with a GMO if—\n\t(i)\tthe Regulator believes that the person is not complying with this Act or the regulations; and\n\t(ii)\tthe Regulator believes that it is necessary to do so in order to protect the health and safety of people or to protect the environment, or for certain other reasons;\n\t(b)\tempowers the Supreme Court to issue injunctions, and contains a forfeiture provision.\nThis section differs from section 145 of the Commonwealth Act.\n146—Regulator may give directions\n\t(1)\tIf the Regulator believes, on reasonable grounds, that—\n\t(a)\ta licence holder is not complying with this Act or the regulations in respect of a thing; and\n\t(b)\teither of the following applies:\n\t(i)\tit is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment;\n\t(ii)\tit is desirable in the public interest, having regard to the matters specified in subsection (2A), for the Regulator to exercise powers under this section,\nthe Regulator may give directions to the licence holder, by written notice, requiring the licence holder, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the licence holder to comply with this Act or the regulations.\n\t(2)\tIf the Regulator believes on reasonable grounds that—\n\t(a)\t1 of the following kinds of persons is not complying with this Act or the regulations in respect of a thing:\n\t(i)\ta person covered by a GMO licence;\n\t(ii)\ta person dealing with, or who has dealt with, a GMO specified in an emergency dealing determination; and\n\t(b)\teither of the following applies:\n\t(i)\tit is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment;\n\t(ii)\tit is desirable in the public interest, having regard to the matters specified in subsection (2A), for the Regulator to exercise powers under this section,\nthe Regulator may give directions to the person, by written notice, requiring the person, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the person to comply with this Act or the regulations.\n\t(2A)\tFor the purposes of deciding under subsection (1)(b)(ii) or (2)(b)(ii) whether it is desirable to exercise powers under this section to give directions to a licence holder or another person, the Regulator must have regard to the following:\n\t(a)\tthe types of dealings with GMOs authorised by the licence or specified in the emergency dealing determination concerned and, in particular, whether the dealings are ongoing;\n\t(b)\twhether measures have been, or are being, taken to address the non‑compliance with this Act or the regulations that the Regulator believes is occurring (the suspected non‑compliance);\n\t(c)\tthe likelihood of the licence holder or other person not complying with this Act or the regulations at a future time;\n\t(d)\tthe severity of the suspected non‑compliance;\n\t(e)\twhether, on 1 or more occasions, the licence holder or the other person—\n\t(i)\thas been charged with or convicted of an offence against this Act; or\n\t(ii)\thas been given a direction under this section;\n\t(f)\tother means available to the Regulator to address the suspected non‑compliance (including, but not limited to, by cancelling, varying or suspending a licence, accreditation or certification);\n\t(g)\twhether, in the Regulator's opinion, the suspected non‑compliance was deliberate;\n\t(h)\tthe desirability of deterring future non‑compliance with this Act or the regulations.\n\t(3)\tA person must take the steps specified in a notice under subsection (1) or (2) within the time specified in the notice.\nMaximum penalty: \nin the case of an aggravated offence—$220 000;\nin any other case—$55 000.\nAggravated offence is defined in section 38.\n\t(4)\tIf the licence holder or the person, as the case requires, does not take the steps specified in the notice within the time specified in the notice, the Regulator may arrange for those steps to be taken.\n\t(5)\tIf the Regulator incurs costs because of arrangements made by the Regulator under subsection (4), the licence holder or the person, as the case requires, is liable to pay to the State of South Australia an amount equal to the cost, and the amount may be recovered by the State as a debt due to the State in a court of competent jurisdiction.\n\t(6)\tA time specified in a notice under subsection (1) or (2) must be reasonable having regard to the circumstances.\nThis section differs from section 146 of the Commonwealth Act.\n147—Injunctions\n\t(1)\tIf a person has engaged, is engaging, or is about to engage in any conduct that is or would be an offence against this Act or the regulations, the Supreme Court (the Court) may, on the application of the Regulator or any other aggrieved person, grant an injunction restraining the person from engaging in the conduct.\n\t(2)\tIf—\n\t(a)\ta person has refused or failed, is refusing or failing, or is about to refuse or fail, to do a thing; and\n\t(b)\tthe refusal or failure is, or would be, an offence against this Act or the regulations,\nthe Court may, on the application of the Regulator or any other aggrieved person, grant an injunction requiring the person to do the thing.\n\t(3)\tThe power of the Court to grant an injunction may be exercised—\n\t(a)\twhether or not it appears to the Court that the person intends to engage, or to continue to engage, in conduct of that kind; and\n\t(b)\twhether or not the person has previously engaged in conduct of that kind.\n\t(4)\tThe Court may discharge or vary an injunction granted under this section.\n\t(5)\tThe Court may grant an interim injunction pending a determination of an application under subsection (1).\n\t(6)\tThe powers granted by this section are in addition to, and not in derogation of, any other powers of the Court.\nSection 147 of the Commonwealth Act confers a similar power to grant injunctions on the Federal Court of Australia.\n148—Forfeiture\n\t(1)\tIf a court finds a person guilty of an offence against this Act or the regulations, the court may order forfeiture to the State of South Australia of any thing used or otherwise involved in the commission of the offence.\n\t(2)\tA thing ordered by a court to be forfeited under this section becomes the property of the State of South Australia and may be sold or otherwise dealt with in accordance with the directions of the Regulator.\n\t(3)\tUntil the Regulator gives a direction, the thing must be kept in such custody as the Regulator directs.\nThis section differs from section 148 of the Commonwealth Act.\n","sortOrder":22},{"sectionNumber":"Part 11","sectionType":"part","heading":"Powers of inspection","content":"Part 11—Powers of inspection\n149—Simplified outline\n\t(a)\tprovides for powers of inspection in relation to monitoring and offences;\n\t(b)\tprovides for the appointment of inspectors (see Division 2);\n\t(c)\tdeals with the powers and obligations of inspectors and the rights and responsibilities of an occupier of premises when an inspector seeks to exercise powers (see Divisions 3 to 9);\n\t(d)\tsets out procedures relating to monitoring warrants and offence-related warrants (see Division 10);\n\t(e)\tdoes not limit the conditions to which a licence or an emergency dealing determination can be subject, and section 64 imposes a condition in relation to monitoring dealings with GMOs.\nDivision 2—Appointment of inspectors and identity cards\n150—Appointment of inspectors\n\t(1)\tThe Regulator may, by instrument in writing, appoint as an inspector any person or class of persons as the Regulator thinks fit, including a person who is appointed or employed by the Commonwealth.\n\t(2)\tIn exercising powers or performing functions as an inspector, an inspector must comply with any directions of the Regulator.\nThis section differs from section 150 of the Commonwealth Act.\n151—Identity card\n\t(1)\tThe Regulator must issue an identity card to an inspector.\n\t(2)\tThe identity card—\n\t(a)\tmust be in the form prescribed by the regulations; and\n\t(b)\tmust contain a recent photograph of the inspector.\n\t(3)\tIf a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the Regulator as soon as practicable.\nMaximum penalty: $110.\n\t(4)\tAn inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\nDivision 3—Monitoring powers\n152—Powers available to inspectors for monitoring compliance\n\t(1)\tFor the purpose of finding out whether this Act or the regulations have been complied with, an inspector may—\n\t(a)\tenter any premises; and\n\t(b)\texercise the monitoring powers set out in section 153.\n\t(2)\tAn inspector is not authorised to enter premises under subsection (1) unless—\n\t(a)\tthe occupier of the premises has consented to the entry; or\n\t(b)\tthe entry is made under a warrant under section 172; or\n\t(c)\tthe occupier of the premises is a licence holder, or a person covered by a licence, and the entry is at a reasonable time; or\n\t(d)\tthe occupier of the premises is a person dealing with, or who has dealt with, a GMO specified in an emergency dealing determination and the entry is at a reasonable time.\n153—Monitoring powers\n\t(1)\tThe monitoring powers that an inspector may exercise under section 152(1)(b) are as follows:\n\t(a)\tto search the premises and any thing on the premises;\n\t(b)\tto inspect, examine, take measurements of, conduct tests on, or take samples of, any thing on the premises that relates to a GMO;\n\t(c)\tto take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n\t(d)\tif the inspector was authorised to enter the premises by a warrant under section 172, to require any person in or on the premises to—\n\t(i)\tanswer any questions put by the inspector; and\n\t(ii)\tproduce any book, record or document requested by the inspector;\n\t(e)\tto inspect any book, record or document on the premises;\n\t(f)\tto take extracts from or make copies of any such book, record or document;\n\t(g)\tto take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;\n\t(h)\tto secure a thing, until a warrant is obtained to seize it, being a thing—\n\t(i)\tthat the inspector finds during the exercise of monitoring powers on the premises; and\n\t(ii)\tthat the inspector believes on reasonable grounds is evidential material; and\n\t(iii)\tthat the inspector believes on reasonable grounds would be lost, destroyed or tampered with before the warrant can be obtained.\n\t(2)\tFor the purposes of this Part, monitoring powers include the power to operate equipment at premises to see whether—\n\t(a)\tthe equipment; or\n\t(b)\ta disk, tape or other storage device that—\n\t(i)\tis at the premises; and\n\t(ii)\tcan be used with the equipment or is associated with it,\ncontains information that is relevant to determining whether there has been compliance with this Act or the regulations.\n\t(3)\tIf the inspector, after operating equipment at the premises, finds that the equipment, or that a tape, disk or other storage device at the premises, contains information mentioned in subsection (2), the inspector may—\n\t(a)\toperate facilities at the premises to put the information in documentary form and copy the document so produced; or\n\t(b)\tif the information can be transferred to a tape, disk or other storage device that—\n\t(i)\tis brought to the premises; or\n\t(ii)\tis at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises,\noperate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.\nDivision 4—Offence related powers\n154—Searches and seizures related to offences\n\t(1)\tThis section applies if an inspector has reasonable grounds for suspecting that there may be evidential material on any premises.\n\t(2)\tThe inspector may—\n\t(a)\tenter the premises, with the consent of the occupier or under a warrant issued under section 173; and\n\t(b)\texercise the powers set out in subsection (3) and section 155; and\n\t(c)\tif the entry is under a warrant—seize the evidential material, if the inspector finds it on the premises.\n\t(3)\tIf—\n\t(a)\tin the course of searching, in accordance with a warrant, for a particular thing, an inspector finds another thing that the inspector believes on reasonable grounds to be evidential material; and\n\t(b)\tthe inspector believes, on reasonable grounds, that it is necessary to seize that other thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence against this Act or the regulations,\nthe warrant is taken to authorise the inspector to seize that other thing.\n155—Offence-related powers of inspectors in relation to premises\nThe powers an inspector may exercise under section 154(2)(b) are as follows:\n\t(a)\tto search the premises and any thing on the premises for the evidential material;\n\t(b)\tto inspect, examine, take measurements of, conduct tests on, or take samples of the evidential material;\n\t(c)\tto take photographs, make video or audio recordings or make sketches of the premises or the evidential material;\n\t(d)\tto take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises.\n156—Use of equipment at premises\n\t(1)\tThe inspector may operate equipment at the premises to see whether evidential material is accessible by doing so, if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.\n\t(2)\tIf the inspector, after operating the equipment, finds that evidential material is accessible by doing so, the inspector may—\n\t(a)\tseize the equipment and any disk, tape or other associated device; or\n\t(b)\tif the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or\n\t(c)\tif the material can be transferred to a disk, tape or other storage device that—\n\t(i)\tis brought to the premises; or\n\t(ii)\tis at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises,\noperate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.\n\t(3)\tAn inspector may seize equipment under subsection (2)(a) only if—\n\t(a)\tit is not practicable to put the material in documentary form as mentioned in subsection (2)(b) or to copy the material as mentioned in subsection (2)(c); or\n\t(b)\tpossession by the occupier of the equipment could constitute an offence.\n\t(4)\tAn inspector may seize equipment under subsection (2)(a) or documents under subsection (2)(b) only if the inspector entered the premises under a warrant.\nDivision 5—Expert assistance\n157—Expert assistance to operate a thing\n\t(1)\tIf an inspector believes on reasonable grounds that—\n\t(a)\tinformation relevant to determining whether there has been compliance with this Act or the regulations, or evidential material, may be accessible by operating a thing at particular premises; and\n\t(b)\texpert assistance is required to operate the thing; and\n\t(c)\tif he or she does not take action under this subsection, the information or material may be destroyed, altered or otherwise interfered with,\nhe or she may do whatever is necessary to secure the thing, whether by locking it up, placing a guard or otherwise.\n\t(2)\tThe inspector must give notice to the occupier of the premises of his or her intention to secure the thing and of the fact that the thing may be secured for up to 24 hours.\n\t(3)\tThe thing may be secured—\n\t(a)\tfor a period not exceeding 24 hours; or\n\t(b)\tuntil the thing has been operated by the expert,\nwhichever happens first.\n\t(4)\tIf the inspector believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the Magistrates Court for an extension of that period.\n\t(5)\tThe inspector must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.\nDivision 6—Emergency powers\n158—Powers available to inspectors for dealing with dangerous situations\n\t(1)\tThis section applies if—\n\t(a)\tan inspector has reasonable grounds for suspecting that there may be on any premises a particular thing in respect of which this Act or the regulations has not been complied with; and\n\t(b)\tthe inspector considers that it is necessary to exercise powers under this section in order to avoid an imminent risk of death, serious illness or serious injury, or to protect the environment.\n\t(2)\tThe inspector may do any of the following:\n\t(a)\tenter the premises;\n\t(b)\tsearch the premises for the thing;\n\t(c)\tsecure the thing, if the inspector finds it on the premises, until a warrant is obtained to seize the thing;\n\t(d)\tif the inspector has reasonable grounds for suspecting that a person has not complied with this Act or the regulations in respect of the thing—require the person to take such steps as the inspector considers necessary for the person to comply with this Act or the regulations;\n\t(e)\ttake such steps, or arrange for such steps to be taken, in relation to the thing as the inspector considers appropriate.\n\t(3)\tThe inspector may exercise the powers in subsection (2) only to the extent that it is necessary for the purpose of avoiding an imminent risk of death, serious illness, serious injury or serious damage to the environment.\n\t(4)\tIf the Regulator incurs costs because of steps reasonably taken or arranged to be taken by an inspector under subsection (2)(e), the person is liable to pay to the State of South Australia an amount equal to the cost, and the amount may be recovered by the State as a debt due to the State in a court of competent jurisdiction.\nDivision 7—Obligations and incidental powers of inspectors\n159—Inspector must produce identity card on request\nAn inspector is not entitled to exercise any powers under this Part in relation to premises if—\n\t(a)\tthe occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\t(b)\tthe inspector fails to comply with the requirement.\n160—Consent\n\t(1)\tBefore obtaining the consent of a person for the purposes of section 152(2)(a) or 154(2)(a), the inspector must inform the person that he or she may refuse consent.\n\t(2)\tAn entry of an inspector by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.\n161—Details of warrant to be given to occupier etc\n\t(1)\tIf a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector must make available to that person a copy of the warrant.\n\t(2)\tThe inspector must identify himself or herself to that person.\n\t(3)\tThe copy of the warrant referred to in subsection (1) need not include the signature of the magistrate who issued the warrant.\n162—Announcement before entry\n\t(1)\tAn inspector must, before entering premises under a warrant—\n\t(a)\tannounce that he or she is authorised to enter the premises; and\n\t(b)\tgive any person at the premises an opportunity to allow entry to the premises.\n\t(2)\tAn inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required—\n\t(a)\tto ensure the safety of a person; or\n\t(b)\tto prevent serious damage to the environment; or\n\t(c)\tto ensure that the effective execution of the warrant is not frustrated.\n163—Compensation for damage\n\t(1)\tThe owner of a thing is entitled to compensation for damage to the thing if—\n\t(a)\tthe damage was caused to the thing as a result of it being operated as mentioned in this Part; and\n\t(b)\tthe damage was caused as a result of—\n\t(i)\tinsufficient care being exercised in selecting the person who was to operate the thing; or\n\t(ii)\tinsufficient care being exercised by the person operating the thing.\n\t(2)\tCompensation is payable by the Regulator.\nSection 163(2) of the Commonwealth Act provides for compensation to be paid out of money appropriated by Parliament.\n\t(3)\tIn determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and their employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the thing that was appropriate in the circumstances.\nDivision 8—Power to search goods, baggage etc\n164—Power to search goods, baggage etc\n\t(1)\tThis section applies to any goods that are to be, are being, or have been, taken off a ship that voyages, or an aircraft that flies, between a place outside South Australia and a place in South Australia.\n\t(2)\tIf an inspector believes, on reasonable grounds, that goods are goods to which this section applies, and that the goods may be, or may contain, evidential material, the inspector may—\n\t(a)\texamine the goods; or\n\t(b)\tif the goods are baggage—open and search the baggage; or\n\t(c)\tif the goods are in a container—open and search the container.\n\t(3)\tAn inspector may ask a person who owns, is carrying or is otherwise associated with, or appears to the inspector to be associated with, goods to which this section applies, any question in respect of the goods.\n\t(4)\tA person must not refuse or fail to answer a question put to the person under subsection (3).\nMaximum penalty: $3 300.\nThis section differs from section 164 of the Commonwealth Act.\n165—Seizure of goods\nAn inspector may seize goods mentioned in section 164 if the inspector has reasonable grounds to suspect that the goods are evidential material.\n","sortOrder":23},{"sectionNumber":"Div 9","sectionType":"division","heading":"General provisions relating to search and seizure","content":"Division 9—General provisions relating to search and seizure\n166—Copies of seized things to be provided\n\t(1)\tSubject to subsection (2), if an inspector seizes, under a warrant relating to premises—\n\t(a)\ta document, film, computer file or other thing that can be readily copied; or\n\t(b)\ta storage device, the information in which can be readily copied,\nthe inspector must, if requested to do so by the occupier of the premises, or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tthe thing that has been seized was seized under section 156(2)(b) or (c); or\n\t(b)\tpossession by the occupier of the document, film, computer file, thing or information could constitute an offence.\n167—Occupier entitled to be present during search\n\t(1)\tIf a warrant in relation to premises is being executed and the occupier of the premises, or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.\n\t(2)\tThe right to observe the search being conducted ceases if the person impedes the search.\n\t(3)\tThis section does not prevent two or more areas of the premises being searched at the same time.\n168—Receipts for things seized\n\t(1)\tIf a thing is seized under this Part, the inspector must provide a receipt for the thing.\n\t(2)\tIf two or more things are seized, they may be covered in the one receipt.\n169—Retention of seized things\n\t(1)\tSubject to any contrary order of a court, if an inspector seizes a thing under this Part, the inspector must return it if—\n\t(a)\tthe reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or\n\t(b)\tthe period of 60 days after its seizure ends,\nwhichever first occurs, unless the thing is forfeited or forfeitable to the State of South Australia.\n\t(2)\tAt the end of the 60 days specified in subsection (1), an inspector must take reasonable steps to return the thing to the person from whom it was seized, unless—\n\t(a)\tproceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n\t(b)\tan inspector may retain the thing because of an order under section 170; or\n\t(c)\tto return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or\n\t(d)\tan inspector is otherwise authorised (by a law, or an order of a court, of the State of South Australia or the Commonwealth) to retain, destroy or dispose of the thing.\n\t(3)\tThe thing may be returned under subsection (2) either unconditionally or on such terms and conditions as the Regulator sees fit.\n170—Magistrates Court may permit a thing to be retained\n\t(1)\tAn inspector may apply to the Magistrates Court for an order that he or she may retain the thing for a further period if—\n\t(a)\tbefore the end of 60 days after the seizure; or\n\t(b)\tbefore the end of a period previously specified in an order of the Magistrates Court under this section,\nproceedings in respect of which the thing may afford evidence have not commenced.\n\t(2)\tIf the Magistrates Court is satisfied that it is necessary for an inspector to continue to retain the thing—\n\t(a)\tfor the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or\n\t(b)\tto enable evidence of an offence against this Act or the regulations to be secured for the purposes of a prosecution,\nthe Court may order that an inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order.\n\t(3)\tBefore making the application, the inspector must—\n\t(a)\ttake reasonable steps to discover who has an interest in the retention of the thing; and\n\t(b)\tif it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.\n\t(4)\tThe Magistrates Court must, when exercising its jurisdiction under this section, be constituted of a magistrate.\nThis section differs from section 170 of the Commonwealth Act.\n171—Disposal of goods if there is no owner or owner cannot be located\nIf—\n\t(a)\ta thing is seized under this Part; and\n\t(b)\tapart from this section, the State of South Australia is required to return the thing to the owner; and\n\t(c)\tthere is no owner or the Regulator cannot, despite making reasonable efforts, locate the owner,\nthe Regulator may dispose of the thing in such manner as the Regulator thinks appropriate.\n","sortOrder":24},{"sectionNumber":"Div 10","sectionType":"division","heading":"Warrants","content":"Division 10—Warrants\n172—Monitoring warrants\n\t(1)\tAn inspector may apply to a magistrate for a warrant under this section in relation to premises.\n\t(2)\tSubject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by evidence on oath, that it is reasonably necessary that one or more inspectors should have access to the premises for the purposes of finding out whether this Act or the regulations have been complied with.\n\t(3)\tThe magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\t(4)\tThe warrant must—\n\t(a)\tauthorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable—\n\t(i)\tto enter the premises; and\n\t(ii)\tto exercise the powers set out in section 153 in relation to the premises; and\n\t(b)\tstate whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n\t(c)\tspecify the day (not more than six months after the issue of the warrant) on which the warrant ceases to have effect; and\n\t(d)\tstate the purpose for which the warrant is issued.\n173—Offence-related warrants\n\t(1)\tAn inspector may apply to a magistrate for a warrant under this section in relation to premises.\n\t(2)\tSubject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by evidence on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material in or on the premises.\n\t(3)\tThe magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\t(4)\tThe warrant must—\n\t(a)\tname one or more inspectors; and\n\t(b)\tauthorise the inspectors so named, with such assistance and by such force as is necessary and reasonable—\n\t(i)\tto enter the premises; and\n\t(ii)\tto exercise the powers set out in sections 154(3) and 155; and\n\t(iii)\tto seize the evidential material; and\n\t(c)\tstate whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n\t(d)\tspecify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\t(e)\tstate the purpose for which the warrant is issued.\n174—Offence-related warrants by telephone, telex, fax etc\n\t(1)\tIf, in an urgent case, an inspector considers it necessary to do so, the inspector may apply to a magistrate by telephone, telex, fax or other electronic means for a warrant under section 173 in relation to premises.\n\t(2)\tThe magistrate may require communication by voice to the extent that it is practicable in the circumstances.\n\t(3)\tBefore applying for the warrant, the inspector must prepare an affidavit in relation to the premises that sets out the grounds on which the warrant is sought.\n\t(4)\tIf it is necessary to do so, the inspector may apply for the warrant before the affidavit is sworn.\n\t(5)\tIf the magistrate is satisfied—\n\t(a)\tafter having considered the terms of the affidavit; and\n\t(b)\tafter having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought,\nthat there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 173 if the application had been made under that section.\n\t(6)\tIf the magistrate completes and signs the warrant—\n\t(a)\tthe magistrate must—\n\t(i)\ttell the inspector what the terms of the warrant are; and\n\t(ii)\ttell the inspector the day on which and the time at which the warrant was signed; and\n\t(iii)\ttell the inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and\n\t(iv)\trecord on the warrant the reasons for issuing the warrant; and\n\t(b)\tthe inspector must—\n\t(i)\tcomplete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n\t(ii)\twrite on the form the name of the magistrate and the day on which and the time at which the warrant was signed.\n\t(7)\tThe inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate—\n\t(a)\tthe form of warrant completed by the inspector; and\n\t(b)\tthe affidavit referred to in subsection (3), which must have been duly sworn.\n\t(8)\tWhen the magistrate receives those documents, the magistrate must—\n\t(a)\tattach them to the warrant that the magistrate completed and signed; and\n\t(b)\tdeal with them in the way in which the magistrate would have dealt with the affidavit if the application had been made under section 173.\n\t(9)\tA form of warrant duly completed under subsection (6) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\n\t(10)\tIf—\n\t(a)\tit is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and\n\t(b)\tthe warrant signed by the magistrate authorising the exercise of the power is not produced in evidence,\nthe court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.\n\t(11)\tA reference in this Part to a warrant under section 173 includes a reference to a warrant signed by a magistrate under this section.\n175—Offences relating to warrants\n\t(1)\tAn inspector must not make, in an application for a warrant, a statement that the inspector knows to be false or misleading in a material particular.\n\t(2)\tAn inspector must not—\n\t(a)\tstate in a document that purports to be a form of warrant under section 174 the name of a magistrate unless that magistrate issued the warrant; or\n\t(b)\tstate on a form of warrant under that section a matter that, to the inspector's knowledge, departs in a material particular from the form authorised by the magistrate; or\n\t(c)\tpurport to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows—\n\t(i)\thas not been approved by a magistrate under that section; or\n\t(ii)\tdeparts in a material particular from the terms authorised by a magistrate under that section; or\n\t(d)\tgive to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.\n","sortOrder":25},{"sectionNumber":"Div 11","sectionType":"division","heading":"Other matters","content":"Division 11—Other matters\n176—Part not to abrogate privilege against self-incrimination\nNothing in this Part affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n177—Part does not limit power to impose conditions\nThis Part is not to be taken to limit the Regulator's power to impose licence conditions or the Minister's power to impose conditions on an emergency dealing determination.\n","sortOrder":26},{"sectionNumber":"Part 12","sectionType":"part","heading":"Miscellaneous","content":"Part 12—Miscellaneous\n178—Simplified outline\nIn outline, this Part provides for miscellaneous matters, including the following:\n\t(a)\treview of decisions;\n\t(b)\tprovisions relating to confidential commercial information;\n\t(c)\tthe making of regulations;\n\t(d)\ttransitional provisions;\n\t(e)\treview of the operation of the Act.\nDivision 2—Review of decisions\n179—Meaning of terms\nThe following table sets out—\n\t(a)\tdecisions that are reviewable decisions; and\n\t(b)\teach eligible person in relation to a reviewable decision:\n\nReviewable decisions and eligible persons\nItem\nDecision\nProvision under which decision made\nEligible person in relation to decision\n1A\nTo refuse to consider an application on the basis that the applicant is not a suitable person to hold a licence\nsection 43(2)(f)\nthe applicant\nTo refuse to issue a licence\nsection 55\nthe applicant for the licence\nTo impose a licence condition\nsection 55\nTo suspend or cancel a licence\nsection 68\n3A\nTo refuse to transfer a licence\nsection 70\nan applicant for the transfer\nTo vary a licence\nsection 71\n4A\nTo refuse to vary a licence\nsection 71\nTo refuse to certify a facility\nsection 84\nthe applicant for certification\nTo specify a condition of a certification\nsection 86\nTo vary a certification\nsection 87\n7A\nTo refuse to transfer a certification\nsection 89A\nan applicant for the transfer\nTo suspend or cancel a certification\nsection 88\nTo refuse to accredit an organisation\nsection 92\nthe applicant for accreditation\nTo specify a condition of an accreditation\nsection 94\nTo vary an accreditation\nsection 95\nTo suspend or cancel an accreditation\nsection 96\nTo refuse to declare information to be confidential commercial information\nsection 185\nthe person who made an application under section 184 in relation to the information\nTo revoke a declaration that information is confidential commercial information\nsection 186\nthe person who made an application under section 184 in relation to the information\n180—Notification of decisions and review rights\n\t(1)\tThe Regulator must, as soon as practicable after making a reviewable decision, cause a notice in writing to be given to each eligible person in relation to the decision, containing—\n\t(a)\tthe terms of the decision; and\n\t(b)\tthe reasons for the decision; and\n\t(c)\ta statement setting out particulars of the person's review rights.\n\t(2)\tA failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n181—Internal review\n\t(1)\tAn eligible person in relation to a reviewable decision (other than a decision made by the Regulator personally) may apply in writing to the Regulator for review (internal review) of the decision.\n\t(2)\tAn application for internal review must be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such period (if any) as the Regulator, either before or after the end of that period, allows.\n\t(3)\tThe Regulator must, on receiving an application, review the reviewable decision personally.\n\t(4)\tThe Regulator may—\n\t(a)\tmake a decision affirming, varying or revoking the reviewable decision; and\n\t(b)\tif the Regulator revokes the decision, make such other decision as the Regulator thinks appropriate.\n182—Deadlines for making reviewable decisions\nIf—\n\t(a)\tthis Act provides for a person to make an application of any kind to the Regulator; and\n\t(b)\ta period is specified under this Act or the regulations for giving notice of the decision to the applicant; and\n\t(c)\tthe Regulator has not notified the applicant of the Regulator's decision within that period,\nthe Regulator is taken, for the purposes of this Act, to have made a reviewable decision to reject the application, and the person may seek internal review of the reviewable decision under section 181.\n183—Review of decisions by South Australian Civil and Administrative Tribunal\n\t(1)\tAn eligible person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of—\n\t(a)\ta reviewable decision made by the Regulator personally; or\n\t(b)\ta decision made by the Regulator under section 181 (which provides for internal review).\n\t(2)\tAn application for review must be made within 28 days after the making of the decision the subject of the review.\n\t(3)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of persons who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal on a review under this section.\n\t(4)\tIn any proceedings on a review under this section, the Tribunal may, if the President so determines, sit with 1 or more assessors from a panel.\n183A—Extended standing for judicial review\nSection 183A of the Commonwealth Act requires that a State be taken to be a person aggrieved for the purpose of the application of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth in relation to certain decisions, failures or conduct under the Commonwealth Act or regulations.\n183B—Interaction with Commonwealth law\nNothing in this Division, or in any other provision of this Act, is intended to limit any right that a person may have under a law of the Commonwealth, or under the Constitution of the Commonwealth, to bring an action against the Regulator.\nDivision 3—Confidential commercial information\n184—Application for protection of confidential commercial information\n\t(1)\tA person may apply to the Regulator for a declaration that specified information to which this Act relates is confidential commercial information for the purposes of this Act.\n\t(2)\tAn application under subsection (1) must be in writing in the form approved by the Regulator.\n185—Regulator may declare that information is confidential commercial information\n\t(1)\tSubject to subsection (2), if the person satisfies the Regulator that the information specified in the application is—\n\t(a)\ta trade secret; or\n\t(b)\tany other information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or\n\t(c)\tother information that—\n\t(i)\tconcerns the lawful commercial or financial affairs of a person, organisation or undertaking; and\n\t(ii)\tif it were disclosed, could unreasonably affect the person, organisation or undertaking,\nthe Regulator must declare that the information is confidential commercial information for the purposes of this Act.\n\t(2)\tThe Regulator may refuse to declare that the information is confidential commercial information if the Regulator is satisfied that the public interest in disclosure outweighs the prejudice that the disclosure would cause to any person.\n\t(2A)\tThe Regulator must refuse to declare that information is confidential commercial information if the information relates to one or more locations at which field trials involving GMOs are occurring, or are proposed to occur, unless the Regulator is satisfied that significant damage to the health and safety of people, the environment or property would be likely to occur if the locations were disclosed.\nThis means that, in general, information about sites where dealings with GMOs are occurring will be required to be disclosed under sections 54 and 138, unless the Regulator is satisfied that disclosure would involve significant risks to health and safety.\n\t(3)\tThe Regulator must give the applicant written notice of the Regulator's decision about the application.\n\t(3A)\tIf—\n\t(a)\tthe Regulator declares that particular information is confidential commercial information; and\n\t(b)\tthe information relates to one or more locations at which field trials involving GMOs are occurring, or are proposed to occur,\nthe Regulator must make publicly available a statement of reasons for the making of the declaration, including, but not limited to—\n\t(c)\tthe reasons why the Regulator was satisfied as mentioned in subsection (1); and\n\t(d)\tthe reasons why the Regulator was not satisfied under subsection (2) that the public interest in disclosure of the information outweighed the prejudice that the disclosure would cause; and\n\t(e)\tthe reasons why the Regulator was satisfied under subsection (2A) that significant damage to the health and safety of people, the environment or property would be likely to occur if the locations were disclosed.\n\t(3B)\tIf—\n\t(a)\ta person has made an application under section 184 for a declaration that specified information is confidential commercial information; and\n\t(b)\tthe Regulator has not yet made a decision on the application,\nthe information is to be treated as confidential commercial information until the Regulator makes a decision on the application.\n\t(4)\tIf the Regulator refuses an application under section 184(1) in relation to information, the information is to be treated as confidential commercial information until any review rights under section 181 or 183 in relation to the application are exhausted.\n186—Revocation of declaration\n\t(1)\tThe Regulator may, by written notice given to the applicant, revoke a declaration under section 185 if the Regulator is satisfied—\n\t(a)\tthat the information concerned no longer satisfies section 185(1)(a), (b) or (c); or\n\t(b)\tthat the public interest in disclosure of the information outweighs the prejudice that disclosure would cause to any person.\n\t(2)\tA revocation by the Regulator under subsection (1) does not take effect until any review rights under section 181 or 183 in relation to the revocation are exhausted.\n187—Confidential commercial information must not be disclosed\n\t(1)\tA person who—\n\t(a)\thas confidential commercial information; and\n\t(b)\thas it only because of performing duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act; and\n\t(c)\tknows that the information is confidential commercial information,\nmust not disclose the information except—\n\t(d)\tto any of the following in the course of carrying out duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act:\n\t(i)\ta State agency;\n\t(ii)\tthe Commonwealth or a Commonwealth authority;\n\t(iii)\tthe Gene Technology Technical Advisory Committee; or\n\t(e)\tby order of a court; or\n\t(f)\twith the consent of the person who applied to have the information treated as confidential commercial information.\n\t(2)\tA person who—\n\t(a)\thas confidential commercial information; and\n\t(b)\thas it because of a disclosure under subsection (1) or under this subsection; and\n\t(c)\tknows that the information is confidential commercial information,\nmust not disclose the information except—\n\t(d)\tto any of the following in the course of carrying out duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act:\n\t(i)\ta State agency;\n\t(ii)\tthe Commonwealth or a Commonwealth authority;\n\t(iii)\tthe Gene Technology Technical Advisory Committee; or\n\t(e)\tby order of a court; or\n\t(f)\twith the consent of the person who applied to have the information treated as confidential commercial information.\n\t(3)\tFor the purposes of the Freedom of Information Act 1991, a document containing information to which subsection (1) or (2) applies is an exempt document under that Act.\ncourt includes a tribunal, authority or person having power to require the production of documents or the answering of questions;\ndisclose, in relation to information, means give or communicate in any way.\n\t(5)\tThis section has effect despite anything to the contrary in the Freedom of Information Act 1991.\nThis section differs from section 187 of the Commonwealth Act.\nDivision 4—Conduct by directors, employees and agents\n188—Conduct by directors, employees and agents\n\t(1)\tIf, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—\n\t(a)\tthat the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n\t(b)\tthat the director, employee or agent had the state of mind.\n\t(2)\tAny conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the body corporate, unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n\t(3)\tAny conduct engaged in on behalf of a person (the first person), other than a body corporate, by an employee or agent of the first person, within the scope of the actual or apparent authority of the employee or agent is taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the first person unless the first person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n\t(4)\tIf—\n\t(a)\ta person other than a body corporate is convicted of an offence; and\n\t(b)\tthe person would not have been convicted of the offence if subsection (3) had not been enacted,\nthe person is not liable to be punished by imprisonment for that offence.\n189—Meaning of terms\n\t(1)\tA reference in section 188(1) to the state of mind of a person includes a reference to—\n\t(a)\tthe knowledge, intention, opinion, belief or purpose of the person; and\n\t(b)\tthe person's reasons for the intention, opinion, belief or purpose.\n\t(2)\tA reference in section 188 to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the State of South Australia, the Commonwealth or another State.\n\t(3)\tA reference in section 188 to engaging in conduct includes a reference to failing or refusing to engage in conduct.\nDivision 5—Transitional provisions\n190—Transitional provision—dealings covered by Genetic Manipulation Advisory Committee advice to proceed\n\t(1)\tThe prohibitions in this Act apply to a dealing with a GMO by a person at a particular time during the transition period (the dealing time) with the modifications set out in subsection (2) if—\n\t(a)\timmediately before the commencement of Part 4 of this Act, an advice to proceed was in force in relation to the dealing with the GMO by the person; and\n\t(b)\tthe advice to proceed is in force at the dealing time; and\n\t(c)\tthe dealing is in accordance with the advice to proceed.\n\t(2)\tUnless the dealing is a notifiable low risk dealing, an exempt dealing or a dealing on the GMO Register—\n\t(a)\tthe advice to proceed is taken for the purposes of this Act to be a GMO licence; and\n\t(b)\tthe holder of the advice to proceed is taken to be the licence holder; and\n\t(c)\tthe licence is taken to be subject to any conditions to which the advice to proceed is subject; and\n\t(d)\tthe licence is taken to remain in force for the period ending at the earliest of the following times:\n\t(i)\tthe time when the advice to proceed expires;\n\t(ii)\tthe end of the transition period;\n\t(iii)\twhen the licence is cancelled under section 68 or surrendered under section 69.\nadvice to proceed means an advice to proceed issued by the Genetic Manipulation Advisory Committee, in accordance with Guidelines issued by that Committee;\ntransition period means the period, not exceeding two years, prescribed by the regulations for the purposes of this section.\nSection 190(3) of the Commonwealth Act defines the transition period as being two years from the commencement of Part 4 of that Act.\n191—Regulations may relate to transitional matters\nRegulations may be made in relation to transitional matters arising from the enactment of this Act.\nDivision 6—Other\n192—False or misleading information or document\nA person must not—\n\t(a)\tin connection with an application made to the Regulator under this Act or the regulations; or\n\t(b)\tin compliance or purported compliance with this Act or the regulations,\ndo either of the following:\n\t(c)\tgive information (whether orally or in writing) that the person knows to be false or misleading in a material particular;\n\t(d)\tproduce a document that the person knows to be false or misleading in a material particular without—\n\t(i)\tindicating to the person to whom the document is produced that it is false or misleading, and the respect in which it is false or misleading; and\n\t(ii)\tproviding correct information to that person, if the person producing the document is in possession of, or can reasonable acquire, the correct information.\nMaximum penalty: Imprisonment for 1 year or $6 600.\n192A—Interference with dealings with GMOs\n\t(a)\tthe person engages in conduct; and\n\t(b)\tthe conduct—\n\t(i)\tresults in damage to, destruction of, or interference with, premises at which dealings with GMOs are being undertaken; or\n\t(ii)\tinvolves damaging, destroying, or interfering with, a thing at, or removing a thing from, such premises; and\n\t(c)\tthe owner or occupier of the premises, or the owner of the thing (as the case requires), has not consented to the conduct; and\n\t(d)\tin engaging in the conduct, the person intends to prevent or hinder authorised GMO dealings that are being undertaken at the premises or facility; and\n\t(e)\tthe person knows, or is reckless as to, the matters mentioned in paragraphs (b) and (c).\n\t(2)\tIn this section—\nauthorised GMO dealings, in relation to premises or a facility, means dealings with GMOs being undertaken at the premises or facility—\n\t(a)\tthat are authorised to be undertaken at the premises or facility by a GMO licence; or\n\t(ab)\tthat are specified in an emergency dealing determination and are not prohibited from being undertaken at the premises or facility by a condition of the determination; or\n\t(b)\tthat are notifiable low risk dealings; or\n\t(c)\tthat are exempt dealings; or\n\t(d)\tthat are dealings included on the GMO Register.\nThis section differs from section 192A of the Commonwealth Act.\n192E—Attempts to commit offences against Act\nA person who attempts to commit an offence against this Act is guilty of the offence of attempting to commit that offence and is liable to the same penalty as is provided by this Act for committing the offence attempted.\nThis section is not required in the Commonwealth Act.\n193—Regulations\n\t(1)\tThe Governor may make regulations prescribing matters—\n\t(a)\trequired or permitted by this Act to be prescribed; or\n\t(b)\tnecessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may require a person to comply with codes of practice or guidelines issued under this Act (as in force at a particular time or from time to time).\n\t(3)\tWithout limiting subsection (1), the regulations may apply, wholly or partially and with or without modification—\n\t(a)\tregulations in force under an Act of the Commonwealth (as in force at a particular time or from time to time); or\n\t(b)\ta code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force at a particular time or from time to time),\nas regulations applying under this Act (and, in so applying such regulations, code, standard, rule or other document, may provide for their citation for the purposes of the law of this State).\n\t(4)\tWithout limiting subsection (1), the regulations may adopt or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force at a particular time or from time to time).\n\t(5)\tAny regulations applying, adopting or incorporating a regulation, code, standard, rule or other document may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary.\n\t(6)\tThe regulations, or a regulation, code, standard, rule or other document applied, adopted or incorporated by the regulations, may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a particular body (as in force at a particular time or from time to time); and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other prescribed authority.\n\t(7)\tIf—\n\t(a)\ta regulation, code, standard, rule or other document is applied, adopted or incorporated by the regulation; or\n\t(b)\tthe regulations, or a regulation, standard, rule or other document applied, adopted or incorporated by the regulations, refers to a code, standard, rule or other document prepared or published by a particular body,\nthen—\n\t(c)\ta copy of the regulation, code, standard, rule or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or officers specified by notice in the Gazette; and\n\t(d)\tin any legal proceedings, evidence of the contents of the regulation, code, standard, rule or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the regulation, code, standard, rule or other document.\n194—Review of operation of Act\n\t(1)\tThe Minister must cause an independent review of the operation of this Act to be undertaken as soon as possible after the fourth anniversary of the commencement of this Act.\n\t(2)\tA person who undertakes such a review must give the Minister a written report of the review.\n\t(3)\tThe Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 12 months after the fourth anniversary of the commencement of this Act.\nindependent review means a review undertaken by persons who—\n\t(a)\tin the opinion of the Minister possess appropriate qualifications to undertake the review; and\n\t(b)\tinclude one or more persons who are not employed by the State of South Australia, a State agency, the Commonwealth or a Commonwealth authority.\nThis section differs from section 194 of the Commonwealth Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Gene Technology Act 2001 amended the following:\nAgricultural and Veterinary Chemicals (South Australia) Act 1994\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nGene Technology Act 2001\n6.12.2001\n1.2.2002 (Gazette 15.1.2002 p184)\nGene Technology (Miscellaneous) Amendment Act 2008\n20.11.2008\n29.7.2010 (Gazette 22.7.2010 p3588)\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 68 (ss 163 & 164)—1.2.2010 (Gazette 28.1.2010 p320)\nGene Technology (Miscellaneous) Amendment Act 2017\nStatutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 12 (ss 89 to 92)—4.5.2020 (Gazette 27.2.2020 p442)\nGene Technology (Adoption of Commonwealth Amendments) Amendment Act 2023\nStatutes Amendment (Administrative Review Tribunal) Act 2025\n20.11.2025\nPt 8 (s 13)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 5A\ninserted by 11/2023 s 2\ns 8B\namended by 46/2008 s 4\nPt 2\n\ns 10\n\ns 10(1)\n\nConsultative Committee\ndeleted by 46/2008 s 5(1)\ncorresponding Commonwealth emergency dealing determination\ninserted by 46/2008 s 5(2)\ndeal with\namended by 46/2008 s 5(3), (4)\nDistrict Court\ndeleted by 14/2019 s 89(1)\nemergency dealing determination\ninserted by 46/2008 s 5(5)\nEthics and Community Committee\ninserted by 46/2008 s 5(6)\nEthics Committee\ndeleted by 46/2008 s 5(6)\ninadvertent dealings application\ninserted by 46/2008 s 5(7)\nInstitutional Biosafety Committee\namended by 46/2008 s 5(8)\nRecord\namended by 4/2017 s 3\nState agency\namended by 84/2009 s 163\nTribunal\ninserted by 14/2019 s 89(2)\nnote\ninserted by 46/2008 s 5(9)\ns 19\n\nnote\namended by 14/2019 s 90\n\namended by 54/2025 s 13\n20.11.2025\nPt 3\n\ns 29\n\ns 29(1)\namended by 84/2009 s 164\ns 30\namended by 4/2017 s 4\nPt 4\n\ns 31\namended by 46/2008 s 6\ns 32\n\ns 32(1)\nsubstituted by 46/2008 s 7\ns 33\n\ns 33(1)\namended by 46/2008 s 8(1)\ns 33(2)\namended by 46/2008 s 8(2)\ns 34\n\ns 34(1)\nsubstituted by 46/2008 s 9(1)\ns 34(2)\namended by 46/2008 s 9(2)\nss 35A and 35B\ninserted by 46/2008 s 10\nPt 5\n\ns 40A\ninserted by 46/2008 s 11\ns 42\n\ns 42(3)\ninserted by 46/2008 s 12\ns 43\n\ns 43(2)\namended by 46/2008 s 13(1), (2)\ns 46A\ninserted by 46/2008 s 14\n\namended by 4/2017 s 5\ns 49\nsubstituted by 46/2008 s 15\n\namended by 4/2017 s 6\ns 50\n\ns 50(2)\ndeleted by 46/2008 s 16(1)\ns 50(3)\namended by 46/2008 s 16(2)\ns 50A\ninserted by 46/2008 s 17\ns 51\n\ns 51(1)\namended by 46/2008 s 18(1)\n\n(b) deleted by 46/2008 s 18(2)\ns 51(2)\n(b) deleted by 46/2008 s 18(3)\ns 52\n\ns 52(1)\namended by 46/2008 s 19(1)\n\namended by 4/2017 s 7(1), (2)\ns 52(2)\namended by 46/2008 s 19(2), (3)\ns 56\n\ns 56(2)\namended by 46/2008 s 20(1)\nnote\ninserted by 46/2008 s 20(2)\ns 57\n\ns 57(3)\ninserted by 46/2008 s 21\ns 60\n\ns 60(3)\ninserted by 46/2008 s 22\ns 67\namended by 46/2008 s 23\ns 71\n\ns 71(1)\nsubstituted by 46/2008 s 24(1)\ns 71(1A)\ninserted by 46/2008 s 24(1)\ns 71(2)\namended by 46/2008 s 24(2)\ns 71(2A)\ninserted by 46/2008 s 24(3)\ns 71(2B)\ninserted by 46/2008 s 24(3)\n\nsubstituted by 4/2017 s 8\ns 71(4)\namended by 46/2008 s 24(4)\ns 71(5)—(8)\ninserted by 46/2008 s 24(5)\ns 72\n\ns 72(7)\ninserted by 46/2008 s 25\ns 72A—see s 72AA\n\ns 72AA\ns 72A redesignated as s 72AA by 46/2008 s 26\nPt 5A\ninserted by 46/2008 s 27\nPt 6\n\ns 74\n\ns 74(3)\nsubstituted by 4/2017 s 9\ns 78\n\ns 78(3)\namended by 46/2008 s 28\nPt 7\n\ns 82\namended by 46/2008 s 29(1), (2)\ns 83\n\ns 83(2)\n\nnote\namended by 46/2008 s 30\ns 89\n\ns 89(7)\ninserted by 46/2008 s 31\ns 89A\ninserted by 46/2008 s 32\ns 91\n\ns 91(1)\n\nnote\nsubstituted by 46/2008 s 33\ns 92\n\ns 92(2)\namended by 46/2008 s 34(1), (2)\ns 97\n\ns 97(7)\ninserted by 46/2008 s 35\nPt 8\n\nsubstituted by 46/2008 s 36\nPt 8 Div 1\n\ns 99\namended by 46/2008 s 37\nPt 8 Div 3\n\namended by 46/2008 s 38\ns 106\n\nnote\namended by 46/2008 s 39\ns 107\nsubstituted by 46/2008 s 40\ns 108\n\nnote\namended by 46/2008 s 41\ns 109\n\nnote\namended by 46/2008 s 42\ns 110\n\nnote\namended by 46/2008 s 43(1), (2)\ns 110A\ndeleted by 46/2008 s 44\nss 111 and 112\nsubstituted by 46/2008 s 46\nPt 8 Div 4\n\ndeleted by 46/2008 s 45\nss 113—116\ndeleted by 46/2008 s 46\nPt 9\n\nPt 9 Div 1\n\ns 117\namended by 4/2017 s 10\nPt 9 Div 5\n\ns 136\n\ns 136(1A)\ninserted by 4/2017 s 11\ns 136A before deletion by 4/2017\n\ns 136A(2)\namended by 46/2008 s 47\ns 136A\ndeleted by 4/2017 s 12\nPt 9 Div 6\n\namended by 4/2017 s 13\ns 138\n\ns 138(1A)\ninserted by 46/2008 s 48(1)\ns 138(5)\namended by 46/2008 s 48(2)\nPt 10\n\ns 145\namended by 46/2008 s 49(1), (2)\ns 146\n\ns 146(1)\namended by 46/2008 s 50(1)\ns 146(2)\namended by 46/2008 s 50(2)\ns 146(2A)\ninserted by 46/2008 s 50(3)\nPt 11\n\ns 149\namended by 46/2008 s 51\ns 152\n\ns 152(2)\namended by 46/2008 s 52\ns 177\namended by 46/2008 s 53\nPt 12\n\ns 179\namended by 46/2008 s 54(1)—(4)\ns 182\namended by 46/2008 s 55(1), (2)\ns 183\n\ns 183(1)\namended by 14/2019 s 91(1)\ns 183(2)\nsubstituted by 14/2019 s 91(2)\ns 183(3) and (4)\nsubstituted by 14/2019 s 91(3)\ns 185\n\ns 185(3B)\ninserted by 46/2008 s 56\ns 192A\n\ns 192A(2)\n\nauthorised GMO dealings\namended by 46/2008 s 57(1), (2)\nSch\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nGene Technology (Miscellaneous) Amendment Act 2017, Sch 1\n1—Interpretation\nIn this Schedule—\nold Act means the Gene Technology Act 2001 as in force immediately before the commencement of this Schedule.\n2—Transitional provision relating to enactment of sections 5 and 6\nThe amendments of the old Act made by sections 5 and 6 of this Act apply in relation to—\n\t(a)\tan inadvertent dealings application made on or after the commencement of this clause; and\n\t(b)\tan inadvertent dealings application made, but not decided, before that commencement.\n3—Transitional provision relating to enactment of section 8\nThe amendment of the old Act made by section 8 of this Act applies in relation to—\n\t(a)\tan application for variation of a licence made on or after the commencement of this clause; and\n\t(b)\tan application for variation of a licence made, but not decided, before that commencement.\n4—Transitional provision relating to repeal of section 136A by section 12\nIf, when this clause commences—\n\t(a)\tthe Regulator has given a report to the Minister under section 136A(1) of the old Act; and\n\t(b)\tthe Minister has not yet caused a copy of the report to be laid before each House of the Parliament in accordance with section 136A(3) of the old Act,\nsubsection (3) of section 136A of the old Act continues to have effect in relation to the report as if that subsection had not been repealed.\nStatutes Amendment (SACAT) Act 2019, Pt 12\n92—Transitional provisions\n\t(1)\tA right of appeal under section 183 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\n\t(3)\tA member of the panel established under section 183 of the principal Act holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\nprincipal Act means the Gene Technology Act 2001;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n\n","sortOrder":27}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":606},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a GMO regulatory framework. While it has been amended multiple times (notably in 2008, 2017, 2019, 2023 and 2025), these amendments largely implement national consistency measures, update institutional arrangements (e.g., replacing District Court with SACAT), and refine procedural details rather than expanding beyond the core purpose of regulating gene technology activities."},"complexity_factors":["194 sections across 12 Parts with multiple Divisions and Subdivisions","47+ defined terms in section 10 including nested definitions (e.g., 'genetically modified organism' has 3 positive limbs and 2 exclusion limbs)","Extensive cross-referencing with Commonwealth Act (Gene Technology Act 2000) - many sections are numbered to maintain consistency and contain notes referring to Commonwealth provisions","Multiple parallel offence structures: knowledge/recklessness offences (s 32), strict liability offences (s 33), and aggravated offences (s 38)","Conditional licensing pathways with different procedural requirements based on whether dealings involve 'intentional release into the environment' (Division 3 vs Division 4 of Part 5)","Emergency dealing determinations (Part 5A) create a parallel temporary authorisation system with mirroring requirements to Commonwealth determinations","Complex inspection and warrant provisions (Part 11) with 11 Divisions covering monitoring warrants, offence-related warrants, telephone warrants, and emergency powers","Review rights structure with internal review (s 181) and external review to SACAT (s 183) with specific timelines and assessor panels","Confidential commercial information provisions (Division 3 of Part 12) with multiple exceptions and interaction with Freedom of Information Act","Transitional provisions and legislative history showing 10+ amendments since 2001, including renumbering and structural changes"],"plain_english_summary":"This is South Australia's law regulating genetically modified organisms (GMOs). **What it does:** It creates a licensing system where anyone wanting to work with GMOs must get approval from the Gene Technology Regulator. The law covers everything from laboratory experiments to growing GM crops in fields. **Who it affects:** Scientists, farmers, biotechnology companies, research institutions, and anyone handling GMOs. **How it works:** Most dealings with GMOs need a licence, with stricter rules for releases into the environment. There are also lighter categories: 'notifiable low risk dealings' (simpler notification requirements) and a 'GMO Register' (pre-approved dealings anyone can do). **Key protections:** The Regulator must assess risks to human health and the environment before approving anything. The law includes emergency powers for dangerous situations, inspection powers for enforcement, and penalties up to 5 years prison for serious breaches causing significant damage. **National consistency:** This Act mirrors Commonwealth law to create a uniform national system, with automatic updates when federal law changes."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope assessment is possible. The document provided contains no legislative text — it is a website error page from the South Australian legislation website. There is nothing to compare against an original intent."},"complexity_factors":["No substantive legislative content was provided — the source is a 404 'Page Not Found' error page","Cannot assess legal complexity without actual legislative text","The only analysable content is a website error message and navigation links"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content you've provided is **not the actual text of the Gene Technology Act 2001**. Instead, it's a \"Page Not Found\" error from the South Australian legislation website, likely because a bookmark or hyperlink created before 24 March 2026 is no longer working after a website update.\n\n**What this means for you:** No substantive legal content was returned — just a broken webpage. To access the actual Gene Technology Act 2001 (SA), try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Emailing the site administrators at OPCWeb@sa.gov.au to report the broken link\n\n**Note:** There is also a Commonwealth *Gene Technology Act 2000*, which is the primary national law regulating genetically modified organisms (GMOs) in Australia. South Australian legislation in this area typically mirrors or applies that federal framework at the state level."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose—identifying and managing risks from gene technology to protect health, safety and the environment (section 3). Subsequent amendments and state‑specific provisions add administrative detail, enforcement mechanisms and funding arrangements (for example, an explicit annual charge s72AA, state‑to‑Commonwealth crediting of fees s130, and the Governor's power to adopt Commonwealth amendments by regulation s5A). These changes adjust how the scheme operates in South Australia and enhance enforcement and administrative clarity, but do not materially change the Act’s core regulatory scope."},"complexity_factors":["Long Act with multiple Parts (12 Parts) and many cross‑references to the Commonwealth Gene Technology Act 2000","Large interpretation section with 50+ defined terms (section 10) creating many downstream dependencies","Two parallel licensing tracks (dealings that do and do not involve intentional environmental release) with exceptions for inadvertent dealings (Divisions 3–4; sections 46, 46A, 48, 49, 50A)","Nested conditional rules and exceptions (e.g. limited/controlled release criteria in s50A; variation rules in s71(2A) and s71(2B))","Multiple offence categories including strict liability offences and aggravated offences tied to proof of significant harm (sections 32–38); overlapping criminal and administrative sanctions","Extensive inspection and evidence powers with complex warrant regimes and differing time limits (Part 11, sections 152–175)","Intergovernmental coordination requirements — Ministerial Council, States, Commonwealth agencies, and mandatory consultation steps (sections 5, 21, 50(3), 52(3))","Confidential commercial information regime with public‑interest carve‑outs and process rules (sections 184–187, including specific rule on field‑trial location disclosure s185(2A))","Funding and charging complexity — application fees, possible annual licence charge (s72AA), credits to Commonwealth Gene Technology Account (s130) and recovery of Regulator costs (s146(5), s158(4))","Multiple advisory bodies and delegated powers (Gene Technology Technical Advisory Committee, Ethics & Community Committee, Regulator delegations s29), increasing procedural layers"],"plain_english_summary":"**What this law does (short):**\n\n- The Act sets up a regulatory system for activities that involve genetically modified organisms (GMOs). Its stated goal is to protect people’s health and safety and the environment by identifying and managing risks from gene technology (section 3).\n\n**How it works, mechanically:**\n\n- Licensing: Most dealings with GMOs must be authorised by a licence issued by the Gene Technology Regulator (Parts 4–5; sections 31, 40, 55). The Regulator prepares risk assessments and risk‑management plans before issuing licences for activities that intentionally release GMOs into the environment (sections 50–51, 56). Licences can carry detailed conditions (containment, monitoring, records, insurance, geographic limits, etc.) (sections 61–66, 62). Licence holders must inform persons covered by their licence of relevant obligations (section 63).\n\n- Alternative paths: Some low‑risk activities can be regulated as \"notifiable low risk dealings\" (Part 6, sections 74–75) or placed on a public GMO Register so anyone can conduct them subject to conditions (sections 76–80). The regulations may also list exempt dealings that need no licence (section 32(3)).\n\n- Emergency authorisations: The Minister may make short‑term emergency dealing determinations to permit specified dealings in emergencies, subject to conditions and time limits; those determinations are tied to corresponding Commonwealth emergency orders (Part 5A, sections 72B–72E).\n\n- Oversight and enforcement: The Regulator can give directions, arrange audits and monitoring, suspend/cancel/transfer/ vary licences, and require corrective steps (sections 146, 64, 68–71). Criminal offences and civil fines apply for unlicensed dealings, breaches of licence/conditions, and interference with authorised GMO work; there are higher penalties where conduct causes or risks significant harm to people or the environment (sections 32–38, 192A). Inspectors have statutory powers to enter premises, take samples, seize and retain evidential material, and obtain warrants (Part 11, sections 150–176, 172–175).\n\n- Administration and expertise: The Regulator is an independent statutory officer with broad powers to act and delegate (sections 26–30). The Gene Technology Technical Advisory Committee and an Ethics & Community Consultative Committee provide scientific, technical and ethical advice on request (Part 8, sections 100–112). The Regulator issues technical and procedural guidelines and may certify containment levels and accredit organisations for institutional biosafety oversight (Part 7, sections 82–98).\n\n- Information, secrecy and records: A public Record/GMO Register must contain licence details and certain emergency dealings and notifiable low risk notifications (sections 76, 138). Applicants may apply to have commercially sensitive material treated as \"confidential commercial information\"; disclosure is restricted but the Regulator must refuse secrecy for site locations of field trials unless non‑disclosure is needed to prevent significant risks (sections 184–187, 185(2A), 185(3A)).\n\n- Fees and funding: Applicants pay application fees and licence holders may pay an annual charge (section 40(6), 72AA). The Act also provides for fees/charges to be credited to the Commonwealth Gene Technology Account and for recovery of costs from persons where the Regulator incurs costs to fix non‑compliance (sections 127, 129–131, 146(5), 158(4)).\n\n**Who it affects (concretely):**\n\n- Individuals and organisations that create, import, transport, use, grow, dispose of or otherwise handle GMOs (definition of \"deal with\" and \"GMO\", section 10).\n- Licence holders and persons covered by licences — they bear monitoring, reporting and compliance obligations (sections 61–66, 64–65).\n- People conducting notifiable low risk dealings or working with items on the GMO Register — they must comply with regulations and Register conditions (sections 74–79).\n- The Regulator, Minister and advisory committees — they decide approvals, conditions, emergency orders, and policy inputs (sections 27, 21, 72B).\n- Third parties: local councils, Commonwealth agencies and States are involved in consultation on certain licence decisions and risk assessments (sections 50(3), 52(3), 51).\n\n**Why it matters (procedural incentives and trade‑offs):**\n\n- Official aim: the Act says it protects health, safety and the environment by identifying and managing gene‑technology risks (section 3). Mechanically, it achieves that by imposing pre‑approval risk assessment, conditions, monitoring and enforcement before potentially risky activities occur (Parts 4–6, 50–56, 61–66).\n\n- Who pays: direct costs fall on applicants and licence holders (application fees s40(6); possible annual charge s72AA; liability to reimburse Regulator costs if the Regulator acts to remedy non‑compliance s146(5), s158(4)). The public bears some administrative and enforcement costs, but the Act provides for fees to be credited to the Commonwealth Gene Technology Account (s130) and for State notional payments (s128).\n\n- Who decides and where discretion lies: the Regulator makes licensing decisions and is granted broad operational powers (s27, s28) and discretion (s30). The Ministerial Council (intergovernmental) can issue policy principles, guidelines and codes of practice that the Regulator must have regard to or may not breach when issuing licences (sections 21, 23, 56). That creates a layered decision structure: technical decisions primarily by the Regulator, policy-level constraints via the Ministerial Council, and political emergency powers reserved to the Minister (s72B).\n\n- Compliance burden and opportunity cost: regulated entities face administrative compliance (risk assessments, monitoring, audits, record‑keeping, facility certification) and potentially higher operating costs (containment, insurance, data collection) as licence conditions (sections 62, 63–66). That raises the cost of research, trials and commercialisation in Australia, potentially favouring larger firms with compliance capacity.\n\n- Implementation risks and coordination costs: the Act is designed as part of a nationally consistent scheme and cross‑references Commonwealth provisions; many decisions require consultation with States, councils and Commonwealth agencies (s5, s50(3), s52(3)). Effective operation therefore depends on intergovernmental coordination; mismatches or delays between jurisdictions can create timing and legal uncertainty.\n\n- Confidentiality vs transparency trade‑off: the Act permits protection of confidential commercial information (sections 184–187) but limits secrecy for field trial locations (section 185(2A)). That balances commercial confidentiality against public disclosure of trial locations; the Act gives the Regulator a residual public‑interest test (s185(2)).\n\n- Enforcement and deterrence: the Act combines criminal penalties (including aggravated offences with higher maximum penalties where significant harm is caused or risked — section 38) with administrative powers (directions, suspension, forfeiture, injunctions) and inspection warrants (Parts 10–11). This creates both deterrence and remedial pathways but also places administrative discretion with the Regulator (s146, s64, s68).\n\n**Notable special features and practical effects:**\n\n- There is a streamlined path for \"inadvertent dealings\" (e.g. where someone unintentionally acquires a GMO) with expedited handling (s40A, 46A, 49).\n- Emergency dealing determinations can rapidly authorise activities in response to urgent national needs, but state emergency orders must correspond with Commonwealth ones (Part 5A, s72B–72E).\n- The Act aims to avoid double punishment where conduct is prosecuted under both Commonwealth and State laws (section 18).\n\n**Bottom line for a non‑legal reader:** the Act creates a permission‑based, risk‑focused regulatory system for anything that could be called a GMO in South Australia. If you work with GMOs you will normally need a licence (or fall into a notifiable/exempt/Register category), comply with detailed conditions, face monitoring and potential criminal penalties for breaches, and may be required to pay fees and charges. The Regulator holds most operational power, while policy direction and emergency powers sit with intergovernmental bodies and the Minister respectively (see sections 27, 21 and 72B)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/gene-technology-act-2001","history":"/api/acts/gene-technology-act-2001/history","analysis":"/api/acts/gene-technology-act-2001/analysis","conflicts":"/api/acts/gene-technology-act-2001/conflicts","importantCases":"/api/acts/gene-technology-act-2001/important-cases","documents":"/api/acts/gene-technology-act-2001/documents"}}