{"id":"a-2003-57","name":"Gene Technology Act 2003","slug":"gene-technology-act-2003","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"57 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23645,"registerId":"act-a-2003-57-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act etc","content":"1 Name of Act etc\n(1) This Act is the Gene Technology Act 2003.\n(2) This Act may also be referred to as the Gene Technology Law of the\nACT or simply as the Gene Technology Law.\nNote This section differs from the Commonwealth Act, s 1.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\nThe object of this Act is to protect the health and safety of people,\nand to protect the environment, by identifying risks posed by or as a\nresult of gene technology, and by managing those risks through\nregulating certain dealings with GMOs.\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Regulatory framework to achieve object","content":"4 Regulatory framework to achieve object\nThe object of this Act is to be achieved through a regulatory\nframework that—\n(a) provides that where there are threats of serious or irreversible\nenvironmental damage, a lack of full scientific certainty should\nnot be used as a reason for postponing cost-effective measures\nto prevent environmental degradation; and\n(b) provides an efficient and effective system for the application of\ngene technologies; and\n(c) operates in conjunction with other Commonwealth and State\nregulatory schemes relevant to GMOs and GM products.\nNote Examples of the schemes mentioned in par (c) are those that regulate\nfood, agricultural and veterinary chemicals, industrial chemicals and\ntherapeutic goods.\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Nationally consistent scheme","content":"5 Nationally consistent scheme\nIt is the intention of the Legislative Assembly that this Act form a\ncomponent of a nationally consistent scheme for the regulation of\ncertain dealings with GMOs by the Commonwealth and the States.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Act to bind the Crown","content":"6 Act to bind the Crown\nNote The Commonwealth Act includes a provision binding the Crown. The\nprovision is unnecessary in the ACT (see Legislation Act, s 121).\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"External Territories","content":"7 External Territories\nNote The Commonwealth Act includes a provision extending that Act to every\nexternal territory.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"8 Offences against Act—application of Criminal Code etc\nOther legislation applies to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\nNote 3 This section differs from the Commonwealth Act, s 8.\n\n","sortOrder":6},{"sectionNumber":"8A","sectionType":"section","heading":"Numbering","content":"8A Numbering\n(1) To maintain consistent section numbering between this Act and the\nCommonwealth Act—\n(a) if the Commonwealth Act contains a section that is not needed\nin this Act—the provision number and heading to the section\nappearing in the Commonwealth Act are included in this Act\ndespite the omission of the body of the section; and\n(b) if this Act contains a section that is not included in the\nCommonwealth Act—the section is numbered so as to maintain\nconsistency in numbering between sections common to both\nActs.\n(2) A provision number and heading mentioned in subsection (1) (a) form\npart of this Act.\n(3) If a provision of this Act (other than a section) is numbered differently\nfrom the equivalent provision of the Commonwealth Act, the\nprovision of this Act may be referred to using the number of the\nequivalent provision of the Commonwealth Act.\nNote 1 A note appears under each heading of a kind mentioned in s (1) (a)\ndescribing the omitted section of the Commonwealth Act.\nNote 2 A note appears under each section of a kind mentioned in s (1) (b)\nhighlighting the non-appearance of an equivalent section in the\nCommonwealth Act.\nNote 3 This section does not appear in the Commonwealth Act.\n","sortOrder":7},{"sectionNumber":"8B","sectionType":"section","heading":"Notes","content":"8B Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote 1 See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\nNote 2 This section does not appear in the Commonwealth Act.\n\nPreliminary Part 1\n","sortOrder":8},{"sectionNumber":"8C","sectionType":"section","heading":"Outlines","content":"8C Outlines\nThe provisions appearing at the beginning of parts 2 to 12, outlining\nthe part (simplified outlines), are intended only as a guide to readers\nabout the general scheme and effect of the parts.\n\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Interpretation and operation of","content":"Part 2 Interpretation and operation of\nAct\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Simplified outline—pt 2","content":"9 Simplified outline—pt 2\n(a) provides for the definitions used in this Act; and\n(b) contains provisions to facilitate a nationally consistent\nregulatory scheme; and\n(c) enables the ministerial council to issue policy principles, policy\nguidelines and codes of practice.\nNote This section differs from the Commonwealth Act, s 9.\n","sortOrder":11},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Interpretation","content":"Division 2.2 Interpretation\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Dictionary etc","content":"10 Dictionary etc\n(1) The dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘aggravated offence—see\nsection 38 (1).’ means that the term ‘aggravated offence’ is defined in\nthat subsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n\nInterpretation and operation of Act Part 2\nOperation of Act Division 2.3\n(2) If this Act requires or permits the ministerial council to do something,\nthe ministerial council must do it in accordance with the gene\ntechnology agreement.\nNote Subsection (1) differs from the Commonwealth Act, s 10 (1).\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of intentional release of a GMO into the","content":"11 Meaning of intentional release of a GMO into the\nenvironment\nA dealing with a GMO involves the intentional release of the GMO\ninto the environment if the GMO is intentionally released into the\nopen environment, whether or not it is released with provision for\nlimiting the dissemination or persistence of the GMO or its genetic\nmaterial in the environment.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of corresponding State law","content":"12 Meaning of corresponding State law\nNote The Commonwealth Act includes a provision defining ‘corresponding\nState law’ for that Act.\nDivision 2.3 Operation of Act\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Operation of Act","content":"13 Operation of Act\nNote The Commonwealth Act includes a provision about the application of that\nAct.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Wind-back of reach of Act","content":"14 Wind-back of reach of Act\nNote The Commonwealth Act includes a provision about the giving of wind-\nback notices to a State.\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Relationship to other territory laws","content":"15 Relationship to other territory laws\nThis Act is in addition to, and not in substitution for, the requirements\nof any other territory law, whether passed or made before or after the\ncommencement of this section.\nNote The equivalent section in the Commonwealth Act deals with the\nrelationship of that Act to other Commonwealth laws.\n\nDivision 2.4 Provisions to facilitate a nationally\nconsistent scheme\nSubdivision 2.4.1 General provisions\n16 State laws may operate concurrently\nNote The Commonwealth Act includes a provision allowing State laws, other\nthan State laws prescribed for the provision, to operate concurrently with\nthat Act.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Conferral of functions on Commonwealth officers and","content":"17 Conferral of functions on Commonwealth officers and\nbodies\nNote The Commonwealth Act includes a provision allowing corresponding\nState laws to give functions, powers and duties to certain Commonwealth\nofficers and bodies.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"No doubling-up of liabilities","content":"18 No doubling-up of liabilities\nIf a person has been ordered to pay a pecuniary penalty under the\nCommonwealth Act, the person is not liable to a pecuniary penalty\nunder this Act in relation to the same conduct.\nNote The Commonwealth Act, s 18 also includes a provision preventing a\nperson being punished for an offence against this Act and the\nCommonwealth Act. The provision is unnecessary in the ACT (see\nLegislation Act, s 191).\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Review of certain decisions","content":"19 Review of certain decisions\n(1) Application may be made to the Commonwealth administrative\nreview tribunal for review of a reviewable State decision.\n(2) A decision made by the regulator in the exercise of a function under\nthis Act is a reviewable State decision if—\n(a) this Act provides for review of the decision by the\nCommonwealth administrative review tribunal; and\n\nInterpretation and operation of Act Part 2\nProvisions to facilitate a nationally consistent scheme Division 2.4\n(b) the decision is declared by regulations made under the\nCommonwealth Act to be a reviewable State decision for the\nCommonwealth Act, section 19.\n(3) The Administrative Review Tribunal Act 2024 (Cwlth) (other than\npart 7) applies as a territory law in relation to reviewable State\ndecisions.\n(4) For this section, a reference in a provision of the Administrative\nReview Tribunal Act 2024 (Cwlth) (as that provision applies as a\nterritory law) to all or any part of that Act, part 7 is taken to be a\nreference to all or any part of that part as it has effect as a law of the\nCommonwealth.\nNote 1 A reference to the Administrative Review Tribunal Act 2024 (Cwlth)\nincludes a reference to the regulations in force under that Act from time\nto time (see Legislation Act, s 102 and s 104).\nNote 2 This section differs from the Commonwealth Act, s 19.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Things done for multiple purposes","content":"20 Things done for multiple purposes\nThe validity of a licence, certificate or other thing issued, given or\ndone for this Act is not affected only because it was issued, given or\ndone also for the Commonwealth Act.\n","sortOrder":22},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"4.2 Policy principles, policy guidelines and","content":"Subdivision 2.4.2 Policy principles, policy guidelines and\ncodes of practice\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Ministerial council may issue policy principles","content":"21 Ministerial council may issue policy principles\n(1) The ministerial council may issue policy principles in relation to the\n(a) ethical issues relating to dealings with GMOs;\n(b) recognising areas (if any) designated under a territory law for\nthe purpose of preserving the identity of 1 or both of the\nfollowing for marketing purposes:\n(i) GM crops;\n\n(ii) non-GM crops;\n(c) matters relating to dealings with GMOs prescribed by regulation\nfor this paragraph.\nNote Section 57 provides that the regulator must not issue a licence if to do so\nwould be inconsistent with a policy principle.\n(2) Before issuing a policy principle, the ministerial council must be\nsatisfied that the policy principle was developed in accordance with\nthe Commonwealth Act, section 22.\n(3) A regulation for subsection (1) (c) may relate to matters other than\nthe health and safety of people or the environment, but must not\nderogate from the health and safety of people or the environment.\nNote This section differs from the Commonwealth Act, s 21.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Consultation on policy principles","content":"22 Consultation on policy principles\nNote The Commonwealth Act includes a provision about how policy principles\nare to be developed.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Ministerial council may issue policy guidelines","content":"23 Ministerial council may issue policy guidelines\nThe ministerial council may issue policy guidelines in relation to\nmatters relevant to the functions of the regulator under this Act.\nNote Section 56, among other things, requires the regulator to have regard to\npolicy guidelines when deciding an application for a GMO licence.\nSection 30 provides that the regulator is not subject to direction in relation\nto individual decisions.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Ministerial council may issue codes of practice","content":"24 Ministerial council may issue codes of practice\nThe ministerial council may issue codes of practice, developed under\nthe Commonwealth Act, section 24 (2) in relation to gene technology.\nNote The Commonwealth Act, s 24 includes provisions about how codes of\npractice are to be developed and making them disallowable instruments.\n\nGene technology regulator Part 3\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Simplified outline—pt 3","content":"25 Simplified outline—pt 3\nIn outline, this part provides the functions and powers of the gene\ntechnology regulator under this Act.\nNote This section differs from the Commonwealth Act, s 25.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Gene technology regulator","content":"26 Gene technology regulator\nNote The Commonwealth Act, s 26 creates the office of gene technology\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Functions of regulator","content":"27 Functions of regulator\nThe regulator has the following functions:\n(a) to exercise functions relating to GMO licences under part 5;\n(b) to develop draft policy principles and policy guidelines, as\nrequested by the ministerial council;\n(c) to develop codes of practice;\n(d) to issue technical and procedural guidelines about GMOs;\n(e) to provide information and advice to other regulatory agencies\nabout GMOs and GM products;\n(f) to provide information and advice to the public about the\nregulation of GMOs;\n(g) to provide advice to the ministerial council about—\n(i) the operations of the regulator and the gene technology\ntechnical advisory committee; and\n(ii) the effectiveness of the legislative framework for the\nregulation of GMOs, including about possible amendments\nof relevant legislation;\n\n(h) to undertake or commission research about risk assessment and\nthe biosafety of GMOs;\n(i) to promote the harmonisation of risk assessments for GMOs and\nGM products by regulatory agencies;\n(j) to monitor international practice for regulating GMOs;\n(k) to maintain links with international organisations dealing with\nthe regulation of gene technology and with agencies regulating\nGMOs in places outside the ACT;\n(l) to exercise other functions given to the regulator under this Act\nor any other law.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Powers of regulator","content":"28 Powers of regulator\nNote The Commonwealth Act, s 28 gives the regulator powers. The provision\nis unnecessary in the ACT (see Legislation Act, s 196).\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Delegation","content":"29 Delegation\n(1) The regulator may delegate the regulator’s functions under this Act\nto any of the following:\n(a) a public servant;\n(b) an officer or employee of a territory agency, if the functions of\nthe territory agency relate, directly or indirectly, to GMOs or\nGM products;\n(c) an employee of a Commonwealth authority, if the functions of\nthe Commonwealth authority relate, directly or indirectly, to\nGMOs or GM products.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n(2) In exercising a function under a delegation, the delegate must comply\nwith any directions of the regulator.\nNote This section differs from the Commonwealth Act, s 29.\n\nGene technology regulator Part 3\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Independence of regulator","content":"30 Independence of regulator\n(1) The regulator has discretion in the exercise of the regulator’s\nfunctions under this Act.\n(2) In particular, the regulator is not subject to direction from anyone\nabout—\n(a) whether a GMO licence is issued or refused in relation to a\nparticular application; or\n(b) the conditions to which a particular GMO licence is subject.\n\n","sortOrder":33},{"sectionNumber":"Part 4","sectionType":"part","heading":"Regulation of dealings with","content":"Part 4 Regulation of dealings with\nGMOs\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Simplified outline—pt 4","content":"31 Simplified outline—pt 4\n(a) deals with the regulation of dealings with GMOs; and\n(b) prohibits dealings with GMOs unless—\n(i) the person undertaking the dealing is authorised to do so\nby a GMO licence; or\n(ia) the dealing is specified in an emergency dealing\ndetermination; or\n(ii) the dealing is a notifiable low risk dealing (see\ndivision 6.2); or\n(iii) the dealing is an exempt dealing; or\n(iv) the dealing is included in the GMO register (see\ndivision 6.3); and\n(c) imposes heavier penalties on unlawful dealings that cause, or are\nlikely to cause, significant damage to the health and safety of\npeople or to the environment.\n\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Person not to deal with GMO without licence","content":"32 Person not to deal with GMO without licence\nA person commits an offence if—\n(b) the dealing with the GMO by the person is not authorised by a\nGMO licence, and the person knows or is reckless about that\nfact; and\n(c) the dealing with the GMO is not specified in an emergency\ndealing determination, and the person knows or is reckless about\nthat fact; and\n(d) the dealing is not a notifiable low risk dealing, and the person\nknows or is reckless about that fact; and\n(e) the dealing is not an exempt dealing and the person knows or is\nreckless about that fact; and\n(f) the dealing is not included on the GMO Register, and the person\nknows or is reckless about that fact.\nNote 1 Aggravated offence is defined in s 38.\nNote 2 For provisions corresponding to the Commonwealth Act, s 32 (4), see the\nLegislation Act, s 48.\n\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Person not to deal with GMO without licence—strict","content":"33 Person not to deal with GMO without licence—strict\nliability offence\n(b) the dealing with the GMO by the person is not authorised by a\nGMO licence; and\n(ba) the dealing with the GMO is not specified in an emergency\ndealing determination; and\n(c) the dealing is not a notifiable low risk dealing; and\n(d) the dealing is not an exempt dealing; and\n(e) the dealing is not included on the GMO register.\n(2) Strict liability applies to subsection (1) (b), (ba), (c), (d) and (e).\nNote This section differs from the Commonwealth Act, s 33.\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Person must not breach conditions of GMO licence","content":"34 Person must not breach conditions of GMO licence\n(1) The holder of a GMO licence commits an offence if—\n(a) the holder intentionally takes an action or omits to take an\naction; and\n(b) the action or omission contravenes the licence, and the holder\nknows or is reckless about that fact.\n\n(2) A person covered by a GMO licence commits an offence if the\n(a) intentionally takes an action or omits to take an action; and\n(b) the person has knowledge of the conditions of the licence; and\n(c) the action or omission contravenes a condition of the licence,\nand the person knows or is reckless about that fact.\nfor 5 years or both ; or\n(3) A person who contravenes subsection (1) or (2) commits a separate\noffence for each day (after the first day) during any part of which the\ncontravention continues.\nMaximum penalty (for each day):\n(a) for an aggravated offence—200 penalty units ; or\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Person must not breach conditions of GMO licence—","content":"35 Person must not breach conditions of GMO licence—\nstrict liability offence\n(1) The holder of a GMO licence commits an offence if the holder—\n(a) takes an action or omits to take an action; and\n(b) the action or omission contravenes the licence.\n\n(2) A person covered by a GMO licence commits an offence if—\n(a) the person takes an action or omits to take an action; and\n(b) the action or omission contravenes the licence; and\n(c) the person has knowledge of the conditions of the licence.\n(3) Strict liability applies to subsection (1) (a) and (b) and\nsubsection (2) (a) and (b).\n","sortOrder":39},{"sectionNumber":"35A","sectionType":"section","heading":"Person must not breach conditions of emergency dealing","content":"35A Person must not breach conditions of emergency dealing\ndetermination\nA person commits an offence if—\n(a) the person intentionally takes an action or omits to take an\naction; and\n(b) the person has knowledge of the conditions to which an\nemergency dealing determination is subject; and\n(c) the action or omission contravenes such a condition, and the\nperson knows or is reckless about that fact.\nNote This section differs from the Commonwealth Act, s 35A.\n\n","sortOrder":40},{"sectionNumber":"35B","sectionType":"section","heading":"Person must not breach conditions of emergency dealing","content":"35B Person must not breach conditions of emergency dealing\ndetermination—strict liability offence\n(a) the person takes an action or omits to take an action; and\n(b) the person has knowledge of the conditions to which an\nemergency dealing determination is subject; and\n(c) the action or omission by the person contravenes such a\ncondition.\n(2) Strict liability applies to subsection (1) (a) and (c).\nNote This section differs from the Commonwealth Act, s 35B.\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Person must not breach conditions on GMO register","content":"36 Person must not breach conditions on GMO register\n(1) A person commits an offence if the person—\n(a) deals with a GMO, knowing that it is a GMO; and\n(b) the dealing is on the GMO register; and\n(c) the dealing contravenes a condition about the dealing that is\nstated in the GMO register.\nMaximum penalty: 50 penalty units.\n(2) Strict liability applies to subsection (1) (b) and (c).\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Offence relating to notifiable low risk dealings","content":"37 Offence relating to notifiable low risk dealings\n(b) the dealing is a notifiable low risk dealing; and\n(c) the dealing by the person was not undertaken in accordance with\nthe regulations.\nMaximum penalty: 50 penalty units.\n(2) Strict liability applies to subsection (1) (b) and (c).\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Aggravated offences—significant damage to health or","content":"38 Aggravated offences—significant damage to health or\nsafety of people or to environment\n(1) An offence is an aggravated offence if the commission of the offence\ncauses significant damage, or is likely to cause significant damage, to\nthe health and safety of people or to the environment.\n(2) To prove an aggravated offence, the prosecution must prove that the\nperson who committed the offence—\n(a) intended his or her conduct to cause significant damage to the\nhealth and safety of people or to the environment; or\n(b) was reckless about whether his or her conduct would cause\nsignificant damage to the health and safety of people or to the\n\nSimplified outline of pt 5 Division 5.1\n","sortOrder":44},{"sectionNumber":"Div 5","sectionType":"division","heading":"1 Simplified outline of pt 5","content":"Division 5.1 Simplified outline of pt 5\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Simplified outline—pt 5","content":"39 Simplified outline—pt 5\n(a) provides a licensing system under which a person can apply to\nthe regulator for a licence authorising dealings with GMOs; and\n(b) sets out the processes the regulator must follow for applications\ninvolving the following kinds of dealings:\n(i) those that involve the intentional release of a GMO into the\nenvironment;\n(ii) those that do not involve the intentional release of a GMO\ninto the environment; and\n(c) provides that a licence can cover dealings by people other than\nthe licence holder and requires the licence holder to tell them of\nany conditions of the licence that apply to them.\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Person may apply for a licence","content":"40 Person may apply for a licence\n(1) A person may apply to the regulator for a licence authorising stated\ndealings with 1 or more stated GMOs.\n(2) The application must be in writing, and must contain—\n(a) the information (if any) prescribed by regulation; and\n(b) the information specified in writing by the regulator.\n(3) The application must state whether any of the dealings proposed to\nbe authorised by the licence would involve the intentional release of\na GMO into the environment.\n\n(4) The dealings for which a person may apply for a licence may be—\n(a) all dealings with a GMO, or with a stated class of GMOs; or\n(b) a stated class of dealings with a GMO, or with a stated class of\nGMOs; or\n(c) 1 or more stated dealings with a GMO, or with a stated class of\nGMOs.\n(5) The applicant may apply for a licence authorising the dealings by—\n(a) a stated person or stated people; or\n(b) a stated class of people; or\n(c) all people.\n(6) The application must be accompanied by the application fee (if any)\n","sortOrder":47},{"sectionNumber":"40A","sectionType":"section","heading":"Licences relating to inadvertent dealings","content":"40A Licences relating to inadvertent dealings\n(1) If the regulator is satisfied that a person has come into possession of\na GMO inadvertently the regulator may, with the agreement of the\nperson, treat the person as having made an inadvertent dealings\n(2) To remove any doubt, subsection (1) does not prevent a person from\nmaking an application under section 40 in relation to a GMO that has\ninadvertently come into the person’s possession.\nNote Section 46A and s 49 have the effect that the regulator may expedite\nconsideration of an application to dispose of a GMO that has come into a\nperson’s possession inadvertently. These sections have effect whether the\napplication is made under s 40, or is taken to have been made under this\nsection.\n\nLicence applications Division 5.2\n","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Application may be withdrawn","content":"41 Application may be withdrawn\n(1) The applicant may withdraw the application at any time before the\nlicence is issued.\n(2) The application fee is not refundable if the applicant withdraws the\n","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Regulator may require applicant to give further","content":"42 Regulator may require applicant to give further\n(1) The regulator may, by written notice, require the applicant to give the\nregulator any further information about the application the regulator\nrequires.\n(3) The regulator may require information to be given under this section\nat any time before the regulator decides the application, whether\nbefore or after the regulator has begun to consider the application.\n","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Regulator must consider applications except in certain","content":"43 Regulator must consider applications except in certain\ncircumstances\n(1) The regulator must consider the application in accordance with this\npart.\n(2) However, the regulator is not required to consider the application, or\nmay cease considering the application, if—\n(a) the application does not contain the information specified by the\nregulator or prescribed by regulation; or\n(b) the application does not satisfy section 40 (3); or\n(c) the application is not accompanied by the application fee (if any)\nprescribed by regulation; or\n\n(d) the applicant did not provide further information required by the\nregulator by notice under section 42 within the period stated in\nthe notice; or\n(e) the regulator is satisfied that to issue the licence would be\ninconsistent with a policy principle in force under section 21;\nand\n(f) the regulator is satisfied (having regard to the matters mentioned\nin section 58) that the applicant is not a suitable person to hold\na licence.\n(3) The regulator must issue the licence, or refuse to issue the licence,\nwithin the period (if any) prescribed by regulation.\n","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Regulator may consult with applicant","content":"44 Regulator may consult with applicant\nBefore considering the application, the regulator may consult the\napplicant, or another regulatory agency, on any aspect of the\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Regulator must not use certain information in","content":"45 Regulator must not use certain information in\nconsidering licence application\nIf—\n(a) a person (the first person) applies for a GMO licence; and\n(b) the first person gives information to the regulator for the\nregulator’s consideration of the application; and\n(c) the information is confidential commercial information;\nthe regulator must not take that information into account in\nconsidering an application by someone else for a GMO licence,\nunless the first person has given written consent for the information\nto be so taken into account.\n\nInitial consideration of licences for dealings not involving intentional release\nof GMO into environment\nDivision 5.3\nDivision 5.3 Initial consideration of licences for\ndealings not involving intentional\nrelease of GMO into environment\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Applications to which div 5.3 applies","content":"46 Applications to which div 5.3 applies\nThis division applies to an application for a GMO licence if the\nregulator is satisfied that none of the dealings proposed to be\nauthorised by the licence would involve the intentional release of a\nGMO into the environment.\n","sortOrder":54},{"sectionNumber":"46A","sectionType":"section","heading":"Division does not apply to an application relating to","content":"46A Division does not apply to an application relating to\ninadvertent dealings\nDespite section 46, this division does not apply to an application for\na GMO licence if the regulator is satisfied that—\n(a) the dealings proposed to be authorised by the licence are limited\nto 1 or more of the following for purposes relating to disposing\nof a GMO:\n(i) conducting experiments with the GMO;\n(ii) propagating the GMO;\n(iii) growing, raising or culturing the GMO;\n(iv) transporting the GMO;\n(v) any other dealings to be undertaken for the purposes of, or\nfor purposes relating to, disposing of the GMO; and\n(b) the applicant for the licence came into possession of the GMO\ninadvertently.\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"What regulator must do in relation to application","content":"47 What regulator must do in relation to application\n(1) Before issuing the licence, the regulator must prepare a risk\nassessment and a risk management plan in relation to the dealings\nproposed to be authorised by the licence (the proposed dealings).\n\n(2) In preparing the risk assessment, the regulator must take into account\nthe risks posed by the proposed dealings, including any risks to the\nhealth and safety of people and any risks to the environment.\n(3) In preparing the risk management plan, the regulator must take into\naccount the ways of managing any risks posed by the proposed\ndealings that protect—\n(4) The regulator may consult any of the following on any aspect of the\napplication:\n(a) the States;\n(b) the gene technology technical advisory committee;\n(c) relevant Commonwealth authorities or agencies;\n(d) any local council the regulator considers appropriate;\n(e) anyone else the regulator considers appropriate.\nDivision 5.4 Initial consideration of licences for\ndealings involving intentional release\nof GMO into environment\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Applications to which div 5.4 applies","content":"48 Applications to which div 5.4 applies\nThis division applies to an application for a GMO licence if the\nregulator is satisfied that at least 1 of the dealings proposed to be\nauthorised by the licence would involve the intentional release of a\nGMO into the environment.\n\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Division does not apply to an application relating to","content":"49 Division does not apply to an application relating to\ninadvertent dealings\nDespite section 48, this division does not apply to an application for\na GMO licence if the regulator is satisfied that—\n(a) the dealings proposed to be authorised by the licence are limited\nto 1 or more of the following for purposes relating to disposing\nof a GMO:\n(i) conducting experiments with the GMO;\n(ii) propagating the GMO;\n(iii) growing, raising or culturing the GMO;\n(iv) transporting the GMO;\n(v) any other dealings to be undertaken for the purposes of, or\nfor purposes relating to, disposing of the GMO; and\n(b) the applicant for the licence came into possession of the GMO\ninadvertently.\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Regulator must prepare risk assessment and risk","content":"50 Regulator must prepare risk assessment and risk\nmanagement plan\n(1) Before issuing the licence, the regulator must prepare a risk\nassessment and a risk management plan in relation to the dealings\nproposed to be authorised by the licence.\n(3) Unless section 50A applies in relation to the application for the\nlicence, the regulator must seek advice on matters relevant to the\npreparation of the risk assessment and the risk management plan\nfrom—\n(a) the States; and\nregulation for this paragraph; and\n\n(d) the Commonwealth Environment Minister; and\n(e) any local council that the regulator considers appropriate.\n","sortOrder":59},{"sectionNumber":"50A","sectionType":"section","heading":"Limited and controlled release applications","content":"50A Limited and controlled release applications\n(1) This section applies to an application for a licence if the regulator is\nsatisfied that—\n(a) the principal purpose of the application is to enable the licence\nholder, and people covered by the licence, to conduct\nexperiments; and\n(b) the application proposes in relation to any GMO for which\ndealings are proposed to be authorised—\n(i) controls to restrict the dissemination or persistence of the\nGMO and its genetic material in the environment; and\n(ii) limits on the proposed release of the GMO; and\n(c) the regulator is satisfied that the controls and limits are of such\na kind that it is appropriate for the regulator not to seek the\nadvice mentioned in section 50 (3).\n(2) In deciding whether the principal purpose of an application is to\nenable the licence holder, and people covered by the licence, to\nconduct experiments, the regulator—\n(a) must have regard to whether the applicant proposes that any or\nall of the following be authorised by, and done under, the\nlicence:\n(i) testing hypotheses;\n(ii) gaining scientific or technical knowledge;\n(iii) gaining data for regulatory purposes, or for product\ndevelopment or marketing; and\n(b) may have regard to anything else the regulator considers to be\nrelevant.\n\n(3) In this section:\ncontrols, in relation to restricting the dissemination or persistence of\na GMO and its genetic material in the environment, include the\n(a) stated methods for disposal of the GMO or its genetic material;\n(b) data collection requirements, including studies to be conducted\nabout the GMO or its genetic material;\n(c) a restricted geographic area in which the proposed dealings with\nthe GMO or its genetic material may occur;\n(d) compliance, in relation to dealings with the GMO or its genetic\nmaterial, with—\n(i) a code of practice issued under section 24; or\n(ii) a technical or procedural guideline issued under section 27.\nlimits, in relation to the release of a GMO that is proposed to be\nauthorised by a licence, includes limits on any of the following:\n(a) the scope of the dealings with the GMO;\n(b) the scale of the dealings with the GMO;\n(c) the locations of the dealings with the GMO;\n(d) the duration of the dealings with the GMO;\n(e) the people who are to be permitted to conduct of the dealings\nwith the GMO.\nNote This section differs from the Commonwealth Act, s 50A.\n\n","sortOrder":60},{"sectionNumber":"51","sectionType":"section","heading":"Matters regulator must take into account in preparing risk","content":"51 Matters regulator must take into account in preparing risk\nassessment and risk management plan\n(1) In preparing the risk assessment in relation to the dealings proposed\nto be authorised by the licence (the proposed dealings), the regulator\nmust take into account the following:\n(a) the risks posed by the proposed dealings, including any risks to\nthe health and safety of people or risks to the environment,\nhaving regard to the matters prescribed by regulation;\n(c) any advice about the risk assessment given by the following in\nresponse to a request under section 50 (3):\n(i) a State;\n(ii) the gene technology technical advisory committee;\n(iii) a Commonwealth authority or agency;\n(iv) the Commonwealth Environment Minister;\n(v) a local council;\n(d) anything else prescribed by regulation for this paragraph.\n(2) In preparing the risk management plan, the regulator must take into\naccount the following:\n(a) the ways of managing any risks posed by the proposed dealings\nthat protect—\n(i) the health and safety of people; and\n(ii) the environment;\n(c) any advice about the risk management plan given by the\nfollowing in response to a request under section 50 (3):\n(i) a State;\n(ii) the gene technology technical advisory committee;\n(iii) a Commonwealth authority or agency;\n\n(iv) the Commonwealth Environment Minister;\n(v) a local council;\n(d) anything else prescribed by regulation for this paragraph.\n(3) To remove any doubt, in taking into account the ways of managing\nrisks mentioned in subsection (2) (a), the regulator—\n(a) is not limited to considering advice mentioned in\nsubsection (2) (c); and\n(b) subject to section 45, may take into account other information,\nincluding, for example, relevant independent research.\n","sortOrder":61},{"sectionNumber":"52","sectionType":"section","heading":"Public notification of risk assessment and risk","content":"52 Public notification of risk assessment and risk\nmanagement plan\n(1) After taking the steps mentioned in section 50 and section 51, the\nregulator must prepare a written notice in accordance with\nsubsection (2).\n(2) The notice must—\n(a) state that a risk assessment and a risk management plan have\nbeen prepared for dealings proposed to be authorised by the\nlicence; and\n(b) state that a person may ask for a copy of information about the\nrisk assessment and the risk management plan under section 54;\nand\n(ba) if the regulator is satisfied that 1 or more dealings proposed to\nbe authorised by the licence may pose a significant risk to the\nhealth and safety of people or to the environment—state that the\nregulator is so satisfied; and\n(c) invite written submissions about the risk assessment and the risk\nmanagement plan; and\n\n(d) state the closing date for submissions, which must not be earlier\nthan—\n(i) if the notice states that the regulator is satisfied that the\ndealings proposed to be authorised by the licence may pose\na significant risk to the health and safety of people or to the\nenvironment—50 days after the date on which the notice\nwas published; or\n(ii) in any other case—30 days after the date on which the\nnotice was published.\n(3) The notice is a notifiable instrument.\n(4) The regulator must give additional public notice of the notice.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (4) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(5) The regulator must also seek advice on the risk assessment and the\nrisk management plan from—\n(a) the States; and\nregulation for this paragraph; and\n(d) the Commonwealth Environment Minister; and\n(e) any local council that the regulator considers appropriate.\nNote This section differs from the Commonwealth Act, s 52.\n","sortOrder":62},{"sectionNumber":"53","sectionType":"section","heading":"Regulator may take other actions","content":"53 Regulator may take other actions\n(1) In addition to satisfying the requirements of this division, the\nregulator may take any other action the regulator considers\nappropriate for deciding the application, including holding a public\nhearing.\n\n(2) If the regulator holds a public hearing, the regulator may, having\nregard to the requirements of this Act about confidential commercial\ninformation, direct that any part of the hearing be held in private, and\nmay decide who can attend.\n(3) The regulator may give directions prohibiting or restricting the\npublication of evidence given, or material contained in documents\nproduced, at a public hearing.\n(4) A person must not contravene a direction under subsection (3).\nMaximum penalty: 30 penalty units.\n(5) An offence against subsection (4) is a strict liability offence.\nNote For strict liability offences, see the Criminal Code, s 23.\n","sortOrder":63},{"sectionNumber":"54","sectionType":"section","heading":"Person may request copies of certain documents","content":"54 Person may request copies of certain documents\n(1) A person may ask the regulator for a copy of the following\ndocuments:\n(a) an application to which this division applies;\n(b) a risk assessment or a risk management plan prepared under\nsection 50.\n(2) If a person makes a request under subsection (1), the regulator must\ngive the person a copy of the documents, other than—\n(a) any confidential commercial information contained in the\ndocuments; and\n(b) any information contained in the documents about relevant\nconvictions of the applicant for the licence.\nNote For information to be confidential commercial information, it must be\ncovered by a declaration under s 185.\n(3) In this section:\nrelevant conviction—see section 58 (4).\n\n","sortOrder":64},{"sectionNumber":"55","sectionType":"section","heading":"Regulator must make a decision on licence and licence","content":"55 Regulator must make a decision on licence and licence\nconditions\nAfter taking any steps required by division 5.3 or division 5.4 for an\napplication for a GMO licence, the regulator—\n(a) must decide whether to issue or refuse to issue the licence; and\n(b) if the regulator decides to issue the licence—may impose\nconditions on it.\n","sortOrder":65},{"sectionNumber":"56","sectionType":"section","heading":"Regulator must not issue the licence unless satisfied as","content":"56 Regulator must not issue the licence unless satisfied as\nto risk management\n(1) The regulator must not issue the licence unless the regulator is\nsatisfied that any risks posed by the dealings proposed to be\nauthorised by the licence are able to be managed in a way that\nprotects—\n(2) For subsection (1), the regulator must have regard to the following:\n(a) the risk assessment prepared under section 47 or section 50 in\nrelation to the dealings;\n(b) the risk management plan prepared under section 47 or\nsection 50 in relation to the dealings;\n(c) any submissions received under section 52 about the licence;\n(d) any policy guidelines in force under section 23 about—\n(i) risks that may be posed by the dealings; or\n\nDecision on licence application Division 5.5\n(ii) ways of managing the risks that protect the health and\nsafety of people and protect the environment.\nNote Subsections (2) (a) to (c) do not apply to an inadvertent dealings\n","sortOrder":66},{"sectionNumber":"57","sectionType":"section","heading":"Other circumstances in which regulator must not issue","content":"57 Other circumstances in which regulator must not issue\nthe licence\n(1) The regulator must not issue the licence if the regulator is satisfied\nthat issuing the licence would be inconsistent with a policy principle\nin force under section 21.\n(2) The regulator must not issue the licence unless the regulator is\nsatisfied that the applicant is a suitable person to hold the licence.\n(3) Subsection (2) does not apply to an inadvertent dealings application.\n","sortOrder":67},{"sectionNumber":"58","sectionType":"section","heading":"Matters to be taken into account in deciding whether","content":"58 Matters to be taken into account in deciding whether\nperson is suitable to hold licence\n(1) Without limiting the matters to which the regulator may have regard\nin deciding whether an individual is a suitable person to hold a\nlicence, the regulator must have regard to—\n(a) any relevant conviction of the individual; and\n(b) any revocation or suspension of a licence or permit (however\ndescribed) held by the individual under a law of the Territory,\nthe Commonwealth, a State or a foreign country about the health\nand safety of people or the environment; and\n(c) the capacity of the individual to meet the conditions of the\nlicence.\n(2) Without limiting the matters to which the regulator may have regard\nin deciding whether a corporation is a suitable person to hold a\nlicence, the regulator must have regard to—\n(a) any relevant conviction of the corporation; and\n\n(b) if there is a relevant conviction of the corporation—\n(i) whether the offence concerned was committed when\nanyone who is presently a director of the corporation was\na director; and\n(ii) whether that offence was committed when any officer or\nshareholder of the corporation who is presently in a\nposition to influence the management of the corporation\nwas an officer or shareholder of the corporation; and\n(c) any revocation or suspension of a licence or permit (however\ndescribed) held by the corporation under a law of the Territory,\nthe Commonwealth, a State or a foreign country about the health\nand safety of people or the environment; and\n(d) the capacity of the corporation to meet the conditions of the\nlicence.\n(3) This section does not affect the Spent Convictions Act 2000.\n(4) In this section:\nrelevant conviction, for an applicant for a licence, means a conviction\nfor an offence against a law of the Territory, the Commonwealth, a\nState or a foreign country, about the health and safety of people or the\nenvironment, if—\n(a) the offence was committed within 10 years immediately before\nthe making of the application for the licence; and\n(b) the offence was punishable by a fine of $5 000 or more, or by\nimprisonment for 1 year or more.\nNote This section differs from the Commonwealth Act, s 58.\n","sortOrder":68},{"sectionNumber":"59","sectionType":"section","heading":"Notification of licence decision","content":"59 Notification of licence decision\nThe regulator must notify the applicant in writing of the regulator’s\ndecision, including any conditions imposed by the regulator.\n\nConditions of licences Division 5.6\n","sortOrder":69},{"sectionNumber":"60","sectionType":"section","heading":"Period of licence","content":"60 Period of licence\n(1) A licence continues in force—\n(a) if the licence is expressed to be in force for a particular period—\nuntil the end of the period; or\n(b) otherwise—until it is cancelled or surrendered.\n(2) A licence is not in force during a period of suspension.\n(3) A licence issued as a result of an inadvertent dealings application\nmust not be expressed to be in force for a period of longer than\n12 months.\n","sortOrder":70},{"sectionNumber":"61","sectionType":"section","heading":"Licence is subject to conditions","content":"61 Licence is subject to conditions\nA GMO licence is subject to the following conditions:\n(a) the conditions stated in section 63, section 64 and section 65;\n(b) any conditions prescribed by regulation;\n(c) any conditions imposed by the regulator when issuing the\nlicence;\n(d) any conditions imposed by the regulator under section 71 after\nthe licence is issued.\n","sortOrder":71},{"sectionNumber":"62","sectionType":"section","heading":"Conditions that may be prescribed or imposed","content":"62 Conditions that may be prescribed or imposed\n(1) Licence conditions may include conditions that impose obligations\nabout GM products derived from a GMO for which particular\ndealings are licensed.\n(2) Licence conditions may relate to, for example, the following:\n(a) the scope of the dealings authorised by the licence;\n(b) the purposes for which the dealings may be undertaken;\n\n(c) variations to the scope or purposes of the dealings;\n(d) documentation and record-keeping requirements;\n(e) the required level of containment for the dealings, including\nrequirements about the certification of facilities to stated\ncontainment levels;\n(f) waste disposal requirements;\n(g) measures to manage risks posed to the health and safety of\npeople or to the environment;\n(h) data collection, including studies to be conducted;\n(i) auditing and reporting;\n(j) actions to be taken if a GMO is released from a contained\nenvironment;\n(k) the geographic area where the dealings authorised by the licence\nmay happen;\n(l) requiring compliance with a code of practice issued under\nsection 24, or a technical or procedural guideline issued under\nsection 27;\n(m) supervision by, and monitoring by, institutional biosafety\ncommittees;\n(n) contingency planning for unintended effects of the dealings\nauthorised by the licence;\n(o) limiting the dissemination or persistence of the GMO or its\ngenetic material in the environment.\n(3) Licence conditions may also include conditions requiring the licence\nholder to be adequately insured against any loss, damage or injury\nthat may be caused to human health, property or the environment by\nthe dealings authorised by the licence.\n\nConditions of licences Division 5.6\n","sortOrder":72},{"sectionNumber":"63","sectionType":"section","heading":"Condition about telling people of obligations","content":"63 Condition about telling people of obligations\n(1) It is a condition of a licence that the licence holder tell anyone covered\nby the licence, to whom a particular condition of the licence applies,\nof the following:\n(a) the particular condition, including any variations of it;\n(b) the cancellation or suspension of the licence;\n(c) the surrender of the licence.\n(2) Requirements about how information is given under subsection (1)\nmay be—\n(a) prescribed by regulation; or\n(b) specified by the regulator.\n(3) The requirements may include, for example, measures about\nlabelling, packaging, conducting training and giving information.\n(4) If requirements are prescribed or specified, it is a condition of a\nlicence that the licence holder comply with the requirements.\n","sortOrder":73},{"sectionNumber":"64","sectionType":"section","heading":"Condition about monitoring and audits","content":"64 Condition about monitoring and audits\n(1) It is a condition of a licence that if—\n(a) a person is authorised by the licence to deal with a GMO; and\n(b) a particular condition of the licence applies to the dealing by the\nthe person must allow the regulator, or a person authorised by the\nregulator, to enter premises where the dealing is being undertaken,\nfor auditing or monitoring the dealing.\n(2) Subsection (1) does not limit the conditions that may be imposed by\nthe regulator or prescribed by regulation.\n\n","sortOrder":74},{"sectionNumber":"65","sectionType":"section","heading":"Condition about additional information to be given to","content":"65 Condition about additional information to be given to\nregulator\n(1) It is a condition of a licence that the licence holder tell the regulator\nif the licence holder becomes aware of—\n(a) additional information about any risks to the health and safety\nof people, or to the environment, associated with the dealings\nauthorised by the licence; or\n(b) any contraventions of the licence by a person covered by the\nlicence; or\n(c) any unintended effects of the dealings authorised by the licence.\n(2) For subsection (1)—\n(a) the licence holder is taken to have become aware of additional\ninformation of a kind mentioned in subsection (1) if the licence\nholder was reckless about whether the information existed; and\n(b) the licence holder is taken to have become aware of\ncontraventions, or unintended effects, of a kind mentioned in\nsubsection (1) if the licence holder was reckless about whether\nthe contraventions had happened, or the unintended effects\nexisted.\n","sortOrder":75},{"sectionNumber":"66","sectionType":"section","heading":"Person may give information to regulator","content":"66 Person may give information to regulator\nA person covered by a licence may tell the regulator if the person\nbecomes aware of any of the following:\n(a) additional information about any risks to the health and safety\nof people, or to the environment, associated with the dealings\nauthorised by the licence;\n(b) any contraventions of the licence by a person covered by the\nlicence;\n(c) any unintended effects of the dealings authorised by the licence.\n\n","sortOrder":76},{"sectionNumber":"67","sectionType":"section","heading":"Protection of persons who give information","content":"67 Protection of persons who give information\nA person does not incur any civil liability for loss, damage or injury\nof any kind suffered by someone else because the first person gave\ninformation to the regulator under section 65, section 66 or the\nCommonwealth Act, section 72D (2) (h).\nDivision 5.7 Suspension, cancellation and\nvariation of licences\n","sortOrder":77},{"sectionNumber":"68","sectionType":"section","heading":"Suspension and cancellation of licence","content":"68 Suspension and cancellation of licence\nThe regulator may, by written notice given to the holder of a GMO\nlicence, suspend or cancel the licence if—\n(a) the regulator believes on reasonable grounds that a condition of\nthe licence has been breached, whether by the licence holder or\na person covered by the licence; or\n(b) the regulator believes on reasonable grounds that the licence\nholder, or a person covered by the licence, has committed an\noffence against this Act; or\n(c) any annual charge payable for the licence remains unpaid after\nthe due date; or\n(d) the licence was obtained improperly; or\n(e) the regulator becomes aware of risks associated with the\ncontinuation of the dealings authorised by the licence, and is\nsatisfied that the licence holder has not proposed, or is not in a\nposition to implement, adequate measures to deal with the risks;\nor\n(f) the regulator is satisfied that the licence holder is no longer a\nsuitable person to hold the licence.\n\n","sortOrder":78},{"sectionNumber":"69","sectionType":"section","heading":"Surrender of licence","content":"69 Surrender of licence\nA licence holder may surrender the licence with the regulator’s\nconsent.\n","sortOrder":79},{"sectionNumber":"70","sectionType":"section","heading":"Transfer of licences","content":"70 Transfer of licences\n(1) The licence holder and someone else (the transferee) may jointly\napply to the regulator for the licence to be transferred from the licence\nholder to the transferee.\n(2) The application must be in writing, and must contain—\n(a) the information (if any) prescribed by regulation; and\n(b) the information specified in writing by the regulator.\n(3) The regulator must not transfer the licence unless the regulator is\nsatisfied that, if the licence is transferred, any risks posed by the\ndealings authorised by the licence will continue to be able to be\nmanaged in a way that protects—\n(4) The regulator must not transfer the licence unless the regulator is\nsatisfied that the transferee is a suitable person to hold the licence.\n(5) The regulator must give written notice of his or her decision on the\napplication to the licence holder and the transferee.\n(6) If the regulator decides to transfer the licence—\n(a) the transfer takes effect on the date stated in the notice; and\n(b) the licence continues in force as mentioned in section 60; and\n(c) the licence is subject to the same conditions as the conditions in\nforce immediately before the transfer.\n\n","sortOrder":80},{"sectionNumber":"71","sectionType":"section","heading":"Variation of licence","content":"71 Variation of licence\n(1) The regulator may vary a licence, by written notice given to the\nlicence holder—\n(a) at any time, on the regulator’s own initiative; or\n(b) on application by the licence holder.\n(1A) An application for a variation must be in writing, and must contain—\n(a) any information prescribed by regulation; and\n(b) any information specified in writing by the regulator.\n(2) The regulator must not vary a licence to authorise dealings involving\nthe intentional release of a GMO into the environment if the\napplication for the licence was originally considered under\ndivision 5.3.\nNote Applications may only be considered under div 5.3 if none of the dealings\nproposed to be authorised by the licence would involve the intentional\nrelease of a GMO into the environment.\n(2A) The regulator must not vary a licence if the original application for\nthe licence was an application to which section 50A applied, unless—\n(a) the regulator is satisfied that the principal purpose of the licence\nas proposed to be varied is to enable the licence holder, and\npeople covered by the licence, to conduct experiments; and\n(b) the application for variation proposes, in relation to any GMO\nfor which dealings are proposed to be authorised as a result of\nthe variation—\n(i) controls to restrict the dissemination or persistence of the\nGMO and its genetic material in the environment; and\n(ii) limits on the proposed release of the GMO; and\n\n(c) the regulator is satisfied that the controls and limits are of such\na kind that it is appropriate for the regulator not to seek the\nadvice mentioned in section 50 (3).\nNote Section 50A applies to an application that proposes controls and limits on\nthe dissemination, persistence and release of the GMO concerned and is\nfor the purpose of conducting experiments.\n(2B) If an application has been made for variation of a licence, the\nregulator must not vary the licence unless the regulator is satisfied\nthat the risks posed by the dealings proposed to be authorised by the\nlicence as varied are covered by—\n(a) the risk assessment and the risk management plan in relation to\nthe original application for the licence; or\n(b) the risk assessment and the risk management plan in relation to\nan application for another licence, but only if that other licence\nwas issued.\n(3) Without limiting subsection (1), the regulator may—\n(a) impose licence conditions or additional licence conditions; or\n(b) remove or vary licence conditions that were imposed by the\nregulator; or\n(c) extend or reduce the authority granted by the licence.\n(4) The regulator must not vary a licence unless the regulator is satisfied\nthat any risks posed by the dealings proposed to be authorised by the\nlicence as varied are able to be managed in a way that protects—\n(5) The regulator must not vary a licence unless any local council that the\nregulator considers appropriate has been consulted about the\nproposed variation.\n\n(6) The regulator must not vary a licence in the circumstances (if any)\n(7) If an application has been made for variation of a licence, the\nregulator must vary the licence or refuse to vary the licence, within\nthe period (if any) prescribed by regulation.\n(8) In this section:\ncontrols—see section 50A (3).\nlimits—see section 50A (3).\n","sortOrder":81},{"sectionNumber":"72","sectionType":"section","heading":"Regulator to notify of proposed suspension, cancellation","content":"72 Regulator to notify of proposed suspension, cancellation\n(1) Before suspending, cancelling or varying a licence under this\nsuspension, cancellation or variation to the licence holder.\nthe licence; and\n(b) may require the licence holder to give to the regulator any\ninformation of a kind stated in the notice that is relevant to the\nproposed suspension, cancellation or variation; and\n(c) may invite the licence holder to make a written submission to\nthe regulator about the proposed suspension, cancellation or\nvariation.\n(3) The notice must state a period within which the licence holder—\n\n(5) In considering whether to suspend, cancel or vary a licence, the\nregulator must have regard to any submission made under\nrequested by the licence holder.\nof a licence if the regulator considers that the suspension, cancellation\nor variation is necessary to avoid an imminent risk of death, serious\nillness, serious injury or serious damage to the environment.\n(8) This section does not apply to a variation of a licence if the regulator\nis satisfied that the variation is of minor significance or complexity.\n72AA GMO licence—annual charge\n(1) A person who is the holder of a GMO licence at any time during a\nfinancial year is liable to pay a charge for the licence for the year.\n(2) The amount of the charge for a financial year is the amount prescribed\nby regulation.\n(3) The amount prescribed may be in the nature of a tax and not be related\nto the cost of providing any service.\nNote This section does not appear in the Commonwealth Act. Provision is\nincluded, however, in the Gene Technology (Licence Charges) Act 2000\n(Cwlth) for the imposition of an annual charge for a GMO licence.\n\nEmergency dealing determinations Part 5A\n","sortOrder":82},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Emergency dealing","content":"Part 5A Emergency dealing\ndeterminations\nNote to pt 5A\nThis part differs from the Commonwealth Act, pt 5A.\n","sortOrder":83},{"sectionNumber":"72A","sectionType":"section","heading":"Application of Commonwealth emergency dealing","content":"72A Application of Commonwealth emergency dealing\ndeterminations\nAn emergency dealing determination in force under the\nCommonwealth Act, section 72B applies, as far as applicable, as a\nlaw of the Territory.\nNote This section differs from the Commonwealth Act, s 72A.\n","sortOrder":84},{"sectionNumber":"72B","sectionType":"section","heading":"Minister may make emergency dealing determination","content":"72B Minister may make emergency dealing determination\nNote The Commonwealth Act, s 72B permits the Commonwealth Minister to\nmake emergency dealing determinations with a GMO for the purposes of\nthe Commonwealth Act, part 5A.\n","sortOrder":85},{"sectionNumber":"72C","sectionType":"section","heading":"Period of effect of emergency dealing determination","content":"72C Period of effect of emergency dealing determination\nNote The Commonwealth Act, s 72C provides for when an emergency dealing\ndetermination takes effect, when it ceases to have effect and how the\nperiod of effect may be extended by the Commonwealth Minister\nresponsible for emergency dealing determinations.\n","sortOrder":86},{"sectionNumber":"72D","sectionType":"section","heading":"Emergency dealing determination authorises dealings,","content":"72D Emergency dealing determination authorises dealings,\nsubject to conditions\nNote The Commonwealth Act, s 72D authorises dealings with a GMO subject\nto conditions, including those referred to in s 72D (2).\n\nPart 5A Emergency dealing determinations\n","sortOrder":87},{"sectionNumber":"72E","sectionType":"section","heading":"Variation, suspension and revocation of emergency","content":"72E Variation, suspension and revocation of emergency\ndealing determination\nNote Under the Commonwealth Act, s 72E, the Commonwealth Minister\nresponsible for emergency dealing determinations may suspend an\nemergency dealing determination, revoke an emergency dealing\ndetermination or vary the conditions to which an emergency dealing\ndetermination is subject.\n\nSimplified outline of pt 6 Division 6.1\nPart 6 Regulation of notifiable low risk\ndealings on GMO register\nDivision 6.1 Simplified outline of pt 6\n73 Simplified outline—pt 6\n(a) establishes a mechanism for the regulations to regulate certain\ndealings with GMOs (notifiable low risk dealings) that do not\ninvolve the intentional release of GMOs into the environment\n(see division 6.2); and\n(b) provides that a regulation may, among other things, require that\nthe regulator be notified of the dealings; and\n(c) enables the regulator to determine that certain dealings\npreviously authorised by a licence be included on the GMO\nregister; and\n(d) ensures that, if a dealing is included on the GMO register,\nanyone may undertake the dealing, subject to stated conditions.\n","sortOrder":88},{"sectionNumber":"74","sectionType":"section","heading":"Notifiable low risk dealings","content":"74 Notifiable low risk dealings\n(1) A regulation may declare a dealing with a GMO to be a notifiable low\nrisk dealing for this Act.\n(2) Before the Executive makes a regulation declaring a dealing with a\nGMO to be a notifiable low risk dealing, the regulator must be\nsatisfied that the dealing would not involve the intentional release of\na GMO into the environment.\n\n","sortOrder":89},{"sectionNumber":"Part 6","sectionType":"part","heading":"Regulation of notifiable low risk dealings on GMO register","content":"Part 6 Regulation of notifiable low risk dealings on GMO register\n(3) Also, before the Executive makes a regulation declaring a dealing\nwith a GMO to be a notifiable low risk dealing, the regulator must\nconsider—\n(a) whether the dealing with the GMO would involve any risk to the\nhealth and safety of people, or to the environment, taking into\naccount—\n(i) the properties of the GMO as a pathogen or pest; and\n(ii) the toxicity of any proteins produced by the GMO; and\n(b) if there is such a risk—whether 1 or more of the requirements\nprescribed by regulation for section 75 (2) would be sufficient\nto manage the risk; and\n(c) any other matter the regulator considers appropriate.\nNote 1 For provisions corresponding to the Commonwealth Act, s 74 (4), see the\nLegislation Act, s 48.\nNote 2 This section differs from the Commonwealth Act, s 74.\n","sortOrder":90},{"sectionNumber":"75","sectionType":"section","heading":"Regulation of notifiable low risk dealings","content":"75 Regulation of notifiable low risk dealings\n(1) A regulation may regulate a notifiable low risk dealing for the\npurpose of protecting the health and safety of people or the\n(2) A regulation may prescribe different requirements to be complied\nwith in different situations or by different people, including\nrequirements in relation to the following:\n(a) the people who may undertake notifiable low risk dealings;\n(b) notifying the regulator of notifiable low risk dealings;\n(c) supervision by institutional biosafety committees of notifiable\nlow risk dealings;\n(d) the containment level of facilities in which notifiable low risk\ndealings may be undertaken.\n\nGMO register Division 6.3\n(3) Subsection (2) does not limit the Legislation Act, section 48 (Power\nto make instrument includes power to make different provision for\ndifferent categories etc).\n","sortOrder":91},{"sectionNumber":"76","sectionType":"section","heading":"GMO register","content":"76 GMO register\nNote The Commonwealth Act, s 76 provides for the establishment and\nmaintenance of the GMO register.\n","sortOrder":92},{"sectionNumber":"77","sectionType":"section","heading":"Contents of register","content":"77 Contents of register\nIf the regulator determines under section 78 that a dealing with a\nGMO is to be included on the GMO register, the regulator must state\nin the GMO register—\n(a) a description of the dealing; and\n(b) any condition to which the dealing is subject.\n","sortOrder":93},{"sectionNumber":"78","sectionType":"section","heading":"Regulator may include dealings with GMOs on GMO","content":"78 Regulator may include dealings with GMOs on GMO\nregister\n(1) The regulator may, in writing, determine that a dealing with a GMO\nis to be included on the GMO register if the regulator is satisfied\nthat—\n(a) the dealing is, or has been, authorised by a GMO licence; or\n(b) the GMO—\n(i) is a GM product; and\n(ii) is a GMO only because of a regulation made under the\ndefinition of genetically modified organism,\nparagraph (c).\n\nPart 6 Regulation of notifiable low risk dealings on GMO register\n(2) A determination under subsection (1) may be made—\n(a) on application by the holder of a licence authorising the dealing;\nor\n(b) on the regulator’s own initiative.\n(3) A determination under subsection (1) commences on the day stated\nin the determination.\n","sortOrder":94},{"sectionNumber":"79","sectionType":"section","heading":"Regulator not to make determination unless risks can be","content":"79 Regulator not to make determination unless risks can be\nmanaged\n(1) The regulator must not make a determination under section 78 (1)\nabout a dealing with a GMO unless the regulator is satisfied that—\n(a) any risks posed by the dealing are minimal; and\n(b) it is not necessary for people undertaking the dealing to hold, or\nbe covered by, a GMO licence to protect the health and safety\nof people or to protect the environment.\n(2) For subsection (1), the regulator must have regard to the following:\n(a) any data available to the regulator about adverse effects posed\nby the dealing;\n(b) any other information about risks associated with the dealing of\nwhich the regulator is aware, including information given to the\nregulator by a licence holder under section 65 or by someone\nelse under section 66;\n(c) whether there is a need for the dealing to be subject to\nconditions;\n(d) any other information about whether the dealing should be\nauthorised by a GMO licence.\n(3) The regulator may have regard to any other matters the regulator\nconsiders relevant.\n\nGMO register Division 6.3\n","sortOrder":95},{"sectionNumber":"80","sectionType":"section","heading":"Variation of GMO register","content":"80 Variation of GMO register\n(1) The regulator may vary the GMO register by written determination.\n(2) A variation may—\n(a) remove a dealing from the GMO register; or\n(b) revoke or vary conditions to which a dealing on the GMO\nregister is subject; or\n(c) impose additional conditions to which a dealing on the GMO\nregister is subject.\n","sortOrder":96},{"sectionNumber":"81","sectionType":"section","heading":"Inspection of register","content":"81 Inspection of register\nNote The Commonwealth Act, s 81 requires the regulator to permit any person\nto inspect the GMO register.\n\n","sortOrder":97},{"sectionNumber":"82","sectionType":"section","heading":"Simplified outline—pt 7","content":"82 Simplified outline—pt 7\n(1) In outline, this part establishes a system under which the regulator\nmay certify facilities to stated containment levels in accordance with\nguidelines issued by the regulator.\n(2) Licence conditions, or conditions to which an emergency dealing\ndetermination is subject, may require that facilities be certified to\nstated containment levels (see division 7.2).\n(3) Also, this part enables the regulator to accredit organisations in\naccordance with accreditation guidelines issued by the regulator.\n(4) Licence conditions, or conditions to which an emergency dealing\ndetermination is subject, may state that dealings must be supervised\nby an institutional biosafety committee established by an accredited\norganisation (see division 7.3).\n","sortOrder":98},{"sectionNumber":"83","sectionType":"section","heading":"Application for certification","content":"83 Application for certification\n(1) A person may apply to the regulator for certification of a facility to a\nparticular containment level.\n(2) The application must be in writing, and must contain the information\nthe regulator requires.\nNote The conditions of a licence, or conditions to which an emergency dealing\ndetermination is subject, may require that a facility be certified under this\ndivision.\n(3) The application must be accompanied by the application fee (if any)\n\nCertification Division 7.2\n","sortOrder":99},{"sectionNumber":"84","sectionType":"section","heading":"When regulator may certify facility","content":"84 When regulator may certify facility\nThe regulator may, in writing, certify the facility to a stated\ncontainment level if the facility meets the containment requirements\nprovided in guidelines issued by the regulator under section 90.\n","sortOrder":100},{"sectionNumber":"85","sectionType":"section","heading":"Regulator may require applicant to give further","content":"85 Regulator may require applicant to give further\n(1) The regulator may, by written notice, require an applicant for\ncertification of a facility to give the regulator further information\nabout the application.\n","sortOrder":101},{"sectionNumber":"86","sectionType":"section","heading":"Conditions of certification","content":"86 Conditions of certification\nThe certification of a facility is subject to the following conditions:\n(a) any conditions imposed by the regulator at the time of\ncertification;\n(b) any conditions imposed by the regulator under section 87 after\ncertification;\n(c) any conditions prescribed by regulation.\n","sortOrder":102},{"sectionNumber":"87","sectionType":"section","heading":"Variation of certification","content":"87 Variation of certification\n(1) The regulator may, at any time, by written notice given to the holder\nof the certification, vary the certification of a facility.\n(2) Without limiting subsection (1), the regulator may—\n(a) impose additional conditions; or\n(b) remove or vary conditions imposed by the regulator.\n\n","sortOrder":103},{"sectionNumber":"88","sectionType":"section","heading":"Suspension or cancellation of certification","content":"88 Suspension or cancellation of certification\nThe regulator may, by written notice, suspend or cancel the\ncertification of a facility if the regulator believes on reasonable\ngrounds that a condition of the certification has been breached.\n","sortOrder":104},{"sectionNumber":"89","sectionType":"section","heading":"Regulator to notify of proposed suspension, cancellation","content":"89 Regulator to notify of proposed suspension, cancellation\n(1) Before suspending, cancelling or varying a certification under this\nsuspension, cancellation or variation to the holder of the certification.\nthe certification; and\n(b) may require the holder of the certification to give to the regulator\nany information of a kind stated in the notice that is relevant to\nthe proposed suspension, cancellation or variation; and\n(c) may invite the holder to make a written submission to the\nregulator about the proposed suspension, cancellation or\nvariation.\n(3) The notice must state a period within which the holder of the\ncertification—\n(5) In considering whether to suspend, cancel or vary a certification, the\nregulator must have regard to any submission made under\n\nCertification Division 7.2\nrequested by the holder of the certification.\nof a certification if the regulator considers the suspension,\ncancellation or variation is necessary to avoid an imminent risk of\ndeath, serious illness, serious injury or serious damage to the\n(8) This section does not apply to a variation of a licence if the regulator\nis satisfied that the variation is of minor significance or complexity.\n","sortOrder":105},{"sectionNumber":"89A","sectionType":"section","heading":"Transfer of certification","content":"89A Transfer of certification\n(1) The holder of a certification and another person (the transferee) may\njointly apply to the regulator for the certification to be transferred\nfrom the holder of the certification to the transferee.\n(2) The application must be in writing and must contain—\n(a) any information prescribed by regulation; and\n(b) any information required, in writing, by the regulator.\n(3) The regulator must not transfer the certification unless satisfied that,\nif the certification is transferred, any conditions to which the\ncertification is subject will continue to be met.\n(4) The regulator must give written notice of his or her decision on the\napplication to the holder of the certification and the transferee.\n(5) If the regulator decides to transfer the certification—\n(a) the transfer takes effect on the date stated in the notice; and\n(b) the certification continues in force; and\n(c) the certification is subject to the same conditions as those in\nforce immediately before the transfer.\n\n","sortOrder":106},{"sectionNumber":"90","sectionType":"section","heading":"Guidelines","content":"90 Guidelines\nThe regulator may issue written technical or procedural guidelines\nabout the requirements for the certification of facilities to stated\ncontainment levels.\nNote 1 For provisions corresponding to the Commonwealth Act, s 90 (2), see the\nLegislation Act, s 46.\nNote 2 This section differs from the Commonwealth Act, s 90.\n","sortOrder":107},{"sectionNumber":"91","sectionType":"section","heading":"Application for accreditation","content":"91 Application for accreditation\n(1) A person may apply to the regulator for accreditation of an\norganisation as an accredited organisation.\nNote 1 The conditions of a licence may require supervision of dealings by an\ninstitutional biosafety committee (see s 62 (2) (m)), and a regulation may\nrequire such supervision of notifiable risk dealings (see s 75 (2) (c)).\nNote 2 The conditions to which an emergency dealing determination is subject\nmay require supervision of dealings by an institutional biosafety\ncommittee (see the Commonwealth Act, s 72D (2) (t)).\n(2) The application must be in writing, and must contain the information\nthe regulator requires.\n","sortOrder":108},{"sectionNumber":"92","sectionType":"section","heading":"Regulator may accredit organisations","content":"92 Regulator may accredit organisations\n(1) The regulator may, in writing, accredit an organisation as an\naccredited organisation.\n(2) In deciding whether to accredit an organisation, the regulator must\nhave regard to—\n(a) whether the organisation has established an institutional\nbiosafety committee under guidelines issued by the regulator\nunder section 98; and\n\nAccredited organisations Division 7.3\n(b) if the organisation has established an institutional biosafety\ncommittee—whether the organisation will be able to maintain\nthe institutional biosafety committee in accordance with the\nguidelines; and\n(c) if the organisation has established an institutional biosafety\ncommittee—whether the organisation has appropriate\nindemnity arrangements for its institutional biosafety committee\nmembers; and\n(ca) if the organisation has not established an institutional biosafety\ncommittee as mentioned in paragraph (a)—whether the\norganisation will be in a position to use an institutional biosafety\ncommittee established by an accredited organisation; and\n(d) any other matters provided in the guidelines.\n","sortOrder":109},{"sectionNumber":"93","sectionType":"section","heading":"Regulator may require applicant to give further","content":"93 Regulator may require applicant to give further\n(1) The regulator may, by written notice, require an applicant for\naccreditation of an organisation to give the regulator further\ninformation about the application.\n","sortOrder":110},{"sectionNumber":"94","sectionType":"section","heading":"Conditions of accreditation","content":"94 Conditions of accreditation\nThe accreditation of an accredited organisation is subject to the\nfollowing conditions:\n(a) any conditions imposed by the regulator at the time of\naccreditation;\n(b) any conditions imposed by the regulator under section 95 after\naccreditation;\n(c) any conditions prescribed by regulation.\n\n","sortOrder":111},{"sectionNumber":"95","sectionType":"section","heading":"Variation of accreditation","content":"95 Variation of accreditation\n(1) The regulator may, at any time, by written notice given to an\naccredited organisation, vary the organisation's accreditation.\n(2) Without limiting subsection (1), the regulator may—\n(a) impose additional conditions; or\n(b) remove or vary conditions imposed by the regulator.\n","sortOrder":112},{"sectionNumber":"96","sectionType":"section","heading":"Suspension or cancellation of accreditation","content":"96 Suspension or cancellation of accreditation\nThe regulator may, by written notice given to an accredited\norganisation, suspend or cancel the accreditation if the regulator\nbelieves on reasonable grounds that a condition of the accreditation\nhas been breached.\n","sortOrder":113},{"sectionNumber":"97","sectionType":"section","heading":"Regulator to notify of proposed suspension, cancellation","content":"97 Regulator to notify of proposed suspension, cancellation\n(1) Before suspending, cancelling or varying an accreditation under this\nsuspension, cancellation or variation to the holder of the\naccreditation.\nthe accreditation; and\n(b) may require the holder of the accreditation to give to the\nregulator any information of a kind stated in the notice that is\nrelevant to the proposed suspension, cancellation or variation;\nand\n(c) may invite the holder of the accreditation to make a written\nsubmission to the regulator about the proposed suspension,\ncancellation or variation.\n\nAccredited organisations Division 7.3\n(3) The notice must state a period within which the holder of the\naccreditation—\n(5) In considering whether to suspend, cancel or vary an accreditation,\nthe regulator must have regard to any submission made under\nrequested by the holder of the accreditation.\nof an accreditation if the regulator considers the suspension,\ncancellation or variation is necessary to avoid an imminent risk of\ndeath, serious illness, serious injury or serious damage to the\n(8) This section does not apply to a variation of an accreditation if the\nregulator is satisfied that the variation is of minor significance or\ncomplexity.\n","sortOrder":114},{"sectionNumber":"98","sectionType":"section","heading":"Guidelines","content":"98 Guidelines\n(1) The regulator may, in writing, issue technical or procedural\nguidelines about requirements that must be met for an organisation to\nbe accredited under this division.\n(2) The guidelines may relate to, but are not limited to, matters about\nestablishing and maintaining institutional biosafety committees.\nNote 1 For provisions corresponding to the Commonwealth Act, s 98 (3), see the\nLegislation Act, s 46.\nNote 2 This section differs from the Commonwealth Act, s 98.\n\n","sortOrder":115},{"sectionNumber":"Part 8","sectionType":"part","heading":"Gene technology technical advisory committee and gene technology ethics","content":"Part 8 Gene technology technical advisory committee and gene technology ethics\nPart 8 Gene technology technical\nadvisory committee and gene\ntechnology ethics and\ncommunity consultative\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Simplified outline—pt 8","content":"99 Simplified outline—pt 8\nIn outline, this part sets out the functions under this Act of the\nfollowing committees:\n(a) the gene technology technical advisory committee;\n(b) gene technology ethics and community consultative committee.\nNote This section differs from the Commonwealth Act, s 99.\n","sortOrder":117},{"sectionNumber":"Div 8","sectionType":"division","heading":"2 Gene technology technical advisory","content":"Division 8.2 Gene technology technical advisory\n","sortOrder":118},{"sectionNumber":"100","sectionType":"section","heading":"Gene technology technical advisory committee","content":"100 Gene technology technical advisory committee\nNote The Commonwealth Act, s 100 provides for the establishment and\nmembership of the gene technology technical advisory committee.\n","sortOrder":119},{"sectionNumber":"101","sectionType":"section","heading":"Function of gene technology technical advisory","content":"101 Function of gene technology technical advisory\nThe function of the gene technology technical advisory committee\nunder this Act is to provide scientific and technical advice, on the\nrequest of the regulator or the ministerial council, on the following:\n(a) gene technology, GMOs and GM products;\n(b) applications made under this Act;\n\nGene technology ethics and community consultative committee Division 8.3\n(c) the biosafety aspects of gene technology;\n(d) the need for policy principles, policy guidelines, codes of\npractice and technical and procedural guidelines about GMOs\nand GM products and the content of the principles, guidelines\nand codes.\n","sortOrder":120},{"sectionNumber":"102","sectionType":"section","heading":"Expert advisers","content":"102 Expert advisers\nNote The Commonwealth Act, s 102 provides for the appointment of expert\nadvisers to the gene technology technical advisory committee.\n","sortOrder":121},{"sectionNumber":"103","sectionType":"section","heading":"Remuneration","content":"103 Remuneration\nNote The Commonwealth Act, s 103 provides for the payment of remuneration\nand allowances to members of, and expert advisers to, the gene\ntechnology technical advisory committee.\n","sortOrder":122},{"sectionNumber":"104","sectionType":"section","heading":"Members and procedures","content":"104 Members and procedures\nNote The Commonwealth Act, s 104 authorises the making of regulations\nabout the membership and operation of the gene technology technical\nadvisory committee.\n","sortOrder":123},{"sectionNumber":"105","sectionType":"section","heading":"Subcommittees","content":"105 Subcommittees\nNote The Commonwealth Act, s 105 deals with the establishment of\nsubcommittees by the gene technology technical advisory committee.\nDivision 8.3 Gene technology ethics and\ncommunity consultative committee\n","sortOrder":124},{"sectionNumber":"106","sectionType":"section","heading":"Gene technology ethics and community consultative","content":"106 Gene technology ethics and community consultative\nNote The Commonwealth Act, s 106 establishes the gene technology ethics\nand community consultative committee.\n\nPart 8 Gene technology technical advisory committee and gene technology ethics\nDivision 8.3 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\nis to provide advice, on request of the regulator or the ministerial\ncouncil, on the following:\n(a) ethical issues relating to gene technology;\n(b) the need for, and content of, codes of practice in relation to\nethics for conducting dealings with GMOs;\n(c) the need for, and content of, policy principles in relation to\ndealings with GMOs that should not be conducted for ethical\nreasons;\n(d) the need for policy principles, policy guidelines, codes of\npractice and technical and procedural guidelines in relation to\nGMOs and GM products and the content of such principles,\nguidelines and codes;\n(e) community consultation about the process for applications for\nlicences covering dealings that involve intentional release of a\nGMO into the environment;\n(f) risk communication matters in relation to dealings that involve\nthe intentional release of a GMO into the environment;\n(g) matters of general concern identified by the regulator in relation\nto applications made under this Act;\n(h) matters of general concern in relation to GMOs.\n","sortOrder":125},{"sectionNumber":"108","sectionType":"section","heading":"Membership","content":"108 Membership\nNote The Commonwealth Act, s 108 provides for the membership of the ethics\nand community committee.\n","sortOrder":126},{"sectionNumber":"109","sectionType":"section","heading":"Remuneration","content":"109 Remuneration\nNote The Commonwealth Act, s 109 provides for the payment of remuneration\nand allowances to members of the ethics and community committee.\n\nGene technology ethics and community consultative committee Division 8.3\n","sortOrder":127},{"sectionNumber":"110","sectionType":"section","heading":"Regulations","content":"110 Regulations\nNote The Commonwealth Act, s 110 authorises the making of regulations\nabout the membership and procedures of the ethics and community\ncommittee.\n","sortOrder":128},{"sectionNumber":"111","sectionType":"section","heading":"Subcommittees","content":"111 Subcommittees\nNote The Commonwealth Act, s 111 deals with the establishment of\nsubcommittees by the ethics and community committee.\n","sortOrder":129},{"sectionNumber":"112","sectionType":"section","heading":"Expert advisers","content":"112 Expert advisers\nNote The Commonwealth Act, s 112 provides for the appointment of expert\nadvisers to the ethics and community committee.\n\n","sortOrder":130},{"sectionNumber":"117","sectionType":"section","heading":"Simplified outline—pt 9","content":"117 Simplified outline—pt 9\n(a) provides for financial matters (see division 9.3); and\n(b) sets out reporting requirements (see division 9.5); and\n(c) requires the regulator to ensure that certain information is\nentered on a record of GMO dealings (see division 9.6); and\n(d) permits the regulator to review notifiable low risk dealings and\nexemptions (see division 9.7).\nNote This section differs from the Commonwealth Act, s 117.\nDivision 9.2 Appointment and conditions of\nregulator\n118 Appointment of regulator\nNote The Commonwealth Act, s 118 provides for the appointment of the\n119 Termination of appointment\nNote The Commonwealth Act, s 119 sets out the circumstances in which the\nregulator’s appointment may be terminated.\n","sortOrder":131},{"sectionNumber":"120","sectionType":"section","heading":"Disclosure of interests","content":"120 Disclosure of interests\nNote The Commonwealth Act, s 120 requires the regulator to disclose his or\nher interests to the relevant Commonwealth Minister.\n\nMoney Division 9.3\n","sortOrder":132},{"sectionNumber":"121","sectionType":"section","heading":"Acting appointment","content":"121 Acting appointment\nNote The Commonwealth Act, s 121 deals with the appointment of a person to\nact as the regulator.\n","sortOrder":133},{"sectionNumber":"122","sectionType":"section","heading":"Terms and conditions","content":"122 Terms and conditions\nNote The Commonwealth Act, s 122 deals with the terms and conditions of\nappointment of the regulator.\n","sortOrder":134},{"sectionNumber":"123","sectionType":"section","heading":"Outside employment","content":"123 Outside employment\nNote The Commonwealth Act, s 123 prohibits the regulator from engaging in\npaid outside employment without the relevant Commonwealth Minister’s\napproval.\n","sortOrder":135},{"sectionNumber":"124","sectionType":"section","heading":"Remuneration","content":"124 Remuneration\nNote The Commonwealth Act, s 124 provides for the payment of remuneration\nand allowances to the regulator.\n","sortOrder":136},{"sectionNumber":"125","sectionType":"section","heading":"Leave of absence","content":"125 Leave of absence\nNote The Commonwealth Act, s 125 deals with the entitlement of the regulator\nto leave of absence.\n","sortOrder":137},{"sectionNumber":"126","sectionType":"section","heading":"Resignation","content":"126 Resignation\nNote The Commonwealth Act, s 126 deals with the procedure for resignation\nby the regulator.\n","sortOrder":138},{"sectionNumber":"127","sectionType":"section","heading":"Regulator may charge for services","content":"127 Regulator may charge for services\nThe regulator may charge for services provided by, or on behalf of,\nthe regulator in exercising the regulator’s functions under this Act.\n\n","sortOrder":139},{"sectionNumber":"128","sectionType":"section","heading":"Notional payments","content":"128 Notional payments\nNote The Commonwealth Act, s 128 provides for fees and charges to be\nnotionally payable by the Commonwealth and allows directions to be\ngiven for the section. This provision is unnecessary in the ACT (see\nFinancial Management Act 1996).\n","sortOrder":140},{"sectionNumber":"129","sectionType":"section","heading":"Gene technology account","content":"129 Gene technology account\nNote The Commonwealth Act, s 129 provides for the establishment of the gene\ntechnology account.\n","sortOrder":141},{"sectionNumber":"130","sectionType":"section","heading":"Credits to gene technology account","content":"130 Credits to gene technology account\nThe following amounts must be paid to the Commonwealth for\ncrediting to the gene technology account:\n(a) amounts equal to amounts from time to time received by the\nTerritory under division 5.8;\n(b) amounts equal to fees received by the Territory under\nsection 40 (6) (Person may apply for a licence) and\nsection 83 (3) (Application for certification);\n(c) amounts equal to amounts received by the Territory for the\nexercise of the regulator’s functions under this Act;\n(d) amounts equal to amounts recovered by the Territory under\nsection 146 (5) (Regulator may give directions) or\nsection 158 (4) (Powers available to inspectors for dealing with\ndangerous situations), to the extent that they are referable to\ncosts paid out of the gene technology account.\nNote This section differs from the Commonwealth Act, s 130.\n","sortOrder":142},{"sectionNumber":"131","sectionType":"section","heading":"Recovery of amounts","content":"131 Recovery of amounts\nThe following amounts may be recovered in a court of competent\njurisdiction as debts owing to the Territory:\n(a) amounts payable to the Territory under division 5.8;\n\nStaffing Division 9.4\n(b) fees payable to the Territory under this Act;\n(c) amounts payable to the Territory for the exercise of the\nregulator’s functions under this Act.\n","sortOrder":143},{"sectionNumber":"132","sectionType":"section","heading":"Purposes of account","content":"132 Purposes of account\nNote The Commonwealth Act, s 132 sets out the purposes for which money in\nthe gene technology account may be expended.\n","sortOrder":144},{"sectionNumber":"Div 9","sectionType":"division","heading":"4 Staffing","content":"Division 9.4 Staffing\n","sortOrder":145},{"sectionNumber":"133","sectionType":"section","heading":"Staff assisting regulator","content":"133 Staff assisting regulator\nNote The Commonwealth Act, s 133 provides for staff to be made available to\nassist the regulator.\n","sortOrder":146},{"sectionNumber":"134","sectionType":"section","heading":"Consultants","content":"134 Consultants\nNote The Commonwealth Act, s 134 authorises the regulator to engage\nconsultants.\n135 Seconded officers\nNote The Commonwealth Act, s 135 provides for staff to be seconded to the\nDivision 9.5 Reporting requirements\n136 Annual report\n(1) As soon as practicable after the end of each financial year, the\nregulator must prepare and give to the Minister a report on the\noperations of the regulator under this Act during that year.\n(1A) The report must include information about the following:\n(a) GMO licences issued during the financial year;\n(b) any breaches of conditions of a GMO licence that have come to\nthe regulator’s attention during the financial year;\n\n(c) emergency dealing determinations made by the Minister during\nthe financial year;\n(d) any breaches of conditions of an emergency dealing\ndetermination that have come to the regulator’s attention during\nthe financial year;\n(e) auditing and monitoring of dealings with GMOs under this Act\nby the regulator or an inspector during the financial year.\nNote Auditing and monitoring may include spot checks.\n(2) The Minister must present a copy of the report to the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\nNote The Commonwealth Act, s 136 (3) requires the regulator to give a copy\nof his or her report under that section to each State.\n","sortOrder":147},{"sectionNumber":"137","sectionType":"section","heading":"Reports to Legislative Assembly","content":"137 Reports to Legislative Assembly\n(1) The regulator may at any time give the Minister a report about matters\nrelating to the regulator’s functions under this Act and ask the\nMinister to present the report to the Legislative Assembly.\n(2) The Minister must present a copy of the report to the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\nNote 1 The Commonwealth Act, s 137 (2) requires the regulator to give a copy\nof his or her report under that section to each State.\nNote 2 This section differs from the Commonwealth Act, s 137.\n","sortOrder":148},{"sectionNumber":"138","sectionType":"section","heading":"Record of GMO dealings","content":"138 Record of GMO dealings\n(1) The GM record must contain the following information, other than\nconfidential commercial information, about each licence issued under\nsection 55:\n(a) the name of the licence holder;\n\nRecord of GMO dealings Division 9.6\n(b) the people covered by the licence;\n(c) the dealings authorised by the licence and the GMO to which\nthose dealings relate;\n(d) any licence conditions;\n(e) the date the licence was issued, and its expiry date (if any).\n(1A) The GM record must contain the following information, other than\nconfidential commercial information, in relation to each emergency\ndealing determination made under section 72B:\n(a) the dealings specified in the emergency dealing determination\nand the GMO to which those dealings relate;\n(b) any conditions to which the emergency dealing determination is\nsubject;\n(c) the date on which the emergency dealing determination takes\neffect;\n(d) the date on which the emergency dealing determination will\ncease to have effect.\n(2) The GM record must contain the following information, other than\nconfidential commercial information, about each notifiable low risk\ndealing notified to the regulator under regulations made for\nsection 75 (2) (b):\n(a) the name of the person who notified the dealing;\n(b) the particulars of the dealing prescribed by regulation for this\nparagraph.\n(4) The GM record must also contain—\n(a) a description of each dealing on the GMO register; and\n(b) any condition to which the dealing is subject.\n\n(5) The regulator must ensure that information mentioned in\nsubsection (1), (1A), (2) or (4) is entered on the GM record as soon\nas reasonably practicable.\nNote This section differs from the Commonwealth Act, s 138.\n","sortOrder":149},{"sectionNumber":"139","sectionType":"section","heading":"Inspection of record","content":"139 Inspection of record\nNote The Commonwealth Act, s 139 requires the regulator to permit any\nperson to inspect the GM record.\nDivision 9.7 Reviews of notifiable low risk\ndealings and exemptions\n","sortOrder":150},{"sectionNumber":"140","sectionType":"section","heading":"Regulator may review notifiable low risk dealings","content":"140 Regulator may review notifiable low risk dealings\n(1) The regulator may, at any time, consider—\n(a) whether a dealing with a GMO should be a notifiable low risk\ndealing; or\n(b) whether an existing notifiable low risk dealing should no longer\nbe a notifiable low risk dealing.\n(2) The basis of the regulator’s consideration must relate to—\n(a) the matters of which the regulator must be satisfied under\nsection 74 (2); or\n(b) the matters the regulator must consider under section 74 (3).\n","sortOrder":151},{"sectionNumber":"141","sectionType":"section","heading":"Regulator may review exemptions","content":"141 Regulator may review exemptions\nThe regulator may, at any time, consider—\n(a) whether an exempt dealing should not be an exempt dealing; or\n(b) whether a dealing should be an exempt dealing.\n\nReviews of notifiable low risk dealings and exemptions Division 9.7\n","sortOrder":152},{"sectionNumber":"142","sectionType":"section","heading":"Regulator may give notice of consideration","content":"142 Regulator may give notice of consideration\n(1) The regulator may publish a notice inviting written submissions about\nany matter the regulator may consider under section 140 or\nsection 141.\n(2) The notice must state—\n(a) the matters to which submissions must relate; and\n(b) the closing date for submissions, which must not be earlier than\n30 days after the day the notice was published.\n(3) If the regulator publishes a notice under subsection (1), the regulator\nmust also give written notice, stating the matters mentioned in\nsubsection (2) (a), to—\n(a) each State; and\nregulation for this paragraph.\n(4) A notice under this section may be about a single matter or a class of\nmatters.\n","sortOrder":153},{"sectionNumber":"143","sectionType":"section","heading":"What regulator may do after consideration","content":"143 What regulator may do after consideration\n(1) If—\n(a) the matter is about whether a dealing should be a notifiable low\nrisk dealing; and\n(b) the regulator is satisfied as mentioned in section 74 (2); and\n(c) the regulator has considered the matters mentioned in\nsection 74 (3);\ndealing be declared to be a notifiable low risk dealing.\n\n(2) If—\n(a) the matter is about whether an existing notifiable low risk\ndealing be reconsidered; and\n(b) after having had regard to the matters mentioned in section 74,\nthe regulator considers the dealing should not be a notifiable low\nrisk dealing;\nregulations be amended accordingly.\n(3) If the matter is about whether a dealing—\n(a) should be an exempt dealing; or\n(b) should cease to be an exempt dealing;\nregulations be amended accordingly.\n","sortOrder":154},{"sectionNumber":"144","sectionType":"section","heading":"Regulator not required to review matters","content":"144 Regulator not required to review matters\nThis division does not require the regulator to consider a matter under\nsection 140 or section 141.\n\n","sortOrder":155},{"sectionNumber":"145","sectionType":"section","heading":"Simplified outline—pt 10","content":"145 Simplified outline—pt 10\n(a) authorises the regulator to give directions to a licence holder or\nto a person covered by a licence if—\n(i) the regulator believes the person is not complying with this\nAct; and\n(ii) the regulator believes it is necessary to give the directions\nto protect the health and safety of people or to protect the\nenvironment, or for certain other reasons; and\n(aa) authorises the regulator to give directions to a person permitted\nby an emergency dealing determination to deal with a GMO if—\n(i) the regulator believes that the person is not complying with\nthis Act; and\n(ii) the regulator believes that it is necessary to do so in order\nto protect the health and safety of people or to protect the\nenvironment or for certain other reasons; and\n(b) authorises the Supreme Court to issue injunctions, and contains\na forfeiture provision.\nNote This section differs from the Commonwealth Act, s 145.\n\n","sortOrder":156},{"sectionNumber":"146","sectionType":"section","heading":"Regulator may give directions","content":"146 Regulator may give directions\n(1) If the regulator believes, on reasonable grounds, that—\n(a) a licence holder is not complying with this Act in relation to a\nthing; and\n(b) either of the following applies:\n(i) it is necessary to exercise powers under this section in\norder to protect the health and safety of people or to protect\nthe environment;\n(ii) it is desirable in the public interest, having regard to the\nmatters mentioned in subsection (2A), for the regulator to\nexercise powers under this section;\nthe regulator may, by written notice, direct the licence holder, within\nthe time stated in the notice, to take stated reasonable steps relating\nto the thing to comply with this Act.\n(2) If the regulator believes on reasonable grounds that—\n(a) 1 of the following kinds of people is not complying with this Act\nin relation to a thing:\n(i) a person covered by a GMO licence;\n(ii) a person dealing with, or who has dealt with, a GMO\nspecified in an emergency dealing determination; and\n(b) either of the following applies:\n(i) it is necessary to exercise powers under this section in\norder to protect the health and safety of people or to protect\nthe environment;\n\n(ii) it is desirable in the public interest, having regard to the\nmatters mentioned in subsection (2A), for the regulator to\nexercise powers under this section;\nthe regulator may, by written notice, direct the person, within the time\nstated in the notice, to take stated reasonable steps relating to the thing\nto comply with this Act.\n(2A) For the purposes of deciding under subsection (1) (b) (ii) or\nsubsection (2) (b) (ii) whether it is desirable to exercise powers under\nthis section to give directions to a licence holder or another person,\nthe regulator must have regard to the following:\n(a) the types of dealings with GMOs authorised by the licence or\nspecified in the emergency dealing determination concerned,\nand, in particular, whether the dealings are ongoing;\n(b) whether measures have been, or are being, taken to address the\nnon-compliance with this Act that the regulator believes is\noccurring (the suspected non-compliance);\n(c) the likelihood of the licence holder or other person not\ncomplying with this Act at a future time;\n(d) the severity of the suspected noncompliance;\n(e) whether, on 1 or more occasions, the licence holder or other\n(i) has been charged with or convicted of an offence against\nthis Act; or\n(ii) has been given a direction under this section;\n(f) other means available to the regulator to address the suspected\nnoncompliance (including, but not limited to, by cancelling,\nvarying or suspending a licence, accreditation or certification);\n(g) whether, in the regulator’s opinion, the suspected\nnoncompliance was deliberate;\n\n(h) the desirability of deterring future noncompliance with this Act\nor the regulations.\n(3) A person must not intentionally fail to take the steps stated in a notice\nunder subsection (1) or (2) within the time stated in the notice.\n(a) for an aggravated offence—2 000 penalty units; or\n(b) in any other case—500 penalty units.\nNote Aggravated offence is defined in s 38 (1).\n(4) If the licence holder or the person does not take the steps stated in the\nnotice within the time stated in the notice, the regulator may arrange\nfor those steps to be taken.\n(5) If the regulator incurs costs because of arrangements made by the\nregulator under subsection (4), the licence holder or the person is\nliable to pay to the Territory an amount equal to the cost.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(6) A time stated in a notice under subsection (1) or (2) must be\nreasonable having regard to the circumstances.\nNote This section differs from the Commonwealth Act, s 146.\n","sortOrder":157},{"sectionNumber":"147","sectionType":"section","heading":"Injunctions","content":"147 Injunctions\n(1) If a person has engaged, is engaging, or is about to engage in any\nconduct that is or would be an offence against this Act, the Supreme\nCourt may, on the application of the regulator or any other aggrieved\nperson, grant an injunction restraining the person from engaging in\nthe conduct.\n(2) If—\n(a) a person has failed, is failing, or is about to fail, to do a thing;\nand\n\n(b) the failure is, or would be, an offence against this Act;\nthe Supreme Court may, on the application of the regulator or any\nother aggrieved person, grant an injunction requiring the person to do\nthe thing.\n(3) The power of the Supreme Court to grant an injunction may be\nexercised—\n(a) whether or not it appears to the court that the person intends to\nengage, or to continue to engage, in conduct of that kind; and\n(b) whether or not the person has previously engaged in conduct of\nthat kind.\n(4) The Supreme Court may discharge or vary an injunction granted\nunder this section.\n(5) The Supreme Court may grant an interim injunction pending deciding\nan application under subsection (1).\n(6) The powers under this section are in addition to any other powers of\nthe Supreme Court.\nNote The Commonwealth Act, s 147 gives a similar power to grant injunctions\non the Federal Court.\n","sortOrder":158},{"sectionNumber":"148","sectionType":"section","heading":"Forfeiture","content":"148 Forfeiture\n(1) If a court finds a person guilty of an offence against this Act, the court\nmay order forfeiture to the Territory of anything used or otherwise\ninvolved in the commission of the offence.\n(2) A thing ordered by a court to be forfeited under this section becomes\nthe property of the Territory and may be sold or otherwise dealt with\nin accordance with the regulator’s directions.\n(3) Until the regulator gives a direction, the thing must be kept in the\ncustody the regulator directs.\nNote This section differs from the Commonwealth Act, s 148.\n\n","sortOrder":159},{"sectionNumber":"149","sectionType":"section","heading":"Simplified outline—pt 11","content":"149 Simplified outline—pt 11\n(a) provides for powers of inspection for monitoring and offences;\nand\n(b) provides for the appointment of inspectors (see division 11.2);\nand\n(c) deals with the powers and obligations of inspectors and the\nrights and responsibilities of an occupier of premises when an\ninspector seeks to exercise powers (see divisions 11.3 to 11.9);\nand\n(d) sets out procedures relating to monitoring warrants and offence-\nrelated warrants (see division 11.10); and\n(e) does not limit the conditions to which a licence or an emergency\ndealing determination can be subject, and section 64 imposes a\ncondition about monitoring dealings with GMOs.\n","sortOrder":160},{"sectionNumber":"Div 11","sectionType":"division","heading":"2 Appointment of inspectors and","content":"Division 11.2 Appointment of inspectors and\nidentity cards\n","sortOrder":161},{"sectionNumber":"150","sectionType":"section","heading":"Appointment of inspectors","content":"150 Appointment of inspectors\n(1) The regulator may, in writing, appoint any of the following people as\ninspectors:\n(a) a public servant;\n(b) a person who is appointed or employed by the Commonwealth.\n\nMonitoring powers Division 11.3\n(2) In exercising functions as an inspector, an inspector must comply\nwith any directions of the regulator.\nNote This section differs from the Commonwealth Act, s 150.\n","sortOrder":162},{"sectionNumber":"151","sectionType":"section","heading":"Identity card","content":"151 Identity card\n(1) The regulator must issue an identity card to an inspector.\n(2) The identity card—\n(a) must be in the form approved under section 192E; and\n(b) must contain a recent photograph of the inspector.\n(3) If a person to whom an identity card has been issued ceases to be an\ninspector, the person must return the identity card to the regulator as\nsoon as practicable.\nMaximum penalty: 1 penalty unit.\n(4) An offence against subsection (3) is a strict liability offence.\nNote For strict liability offence, see the Criminal Code, s 23.\n(5) An inspector must carry his or her identity card at all times when\nexercising functions as an inspector.\nNote This section differs from the Commonwealth Act, s 151.\n","sortOrder":163},{"sectionNumber":"152","sectionType":"section","heading":"Powers available to inspectors for monitoring compliance","content":"152 Powers available to inspectors for monitoring compliance\n(1) For monitoring compliance with this Act, an inspector may—\n(a) enter any premises; and\n(b) exercise the monitoring powers stated in section 153.\n(2) An inspector may enter premises under subsection (1) only if—\n(a) the occupier of the premises has consented to the entry; or\n\n(b) the entry is made under a warrant under section 172; or\n(c) the occupier of the premises is a licence holder, or a person\ncovered by a licence, and the entry is at a reasonable time; or\n(d) the occupier of the premises is a person dealing with, or who has\ndealt with, a GMO specified in an emergency dealing\ndetermination, and the entry is at a reasonable time.\n(3) However, subsection (2) (c) or (d) does not authorise entry into any\npart of premises that is being used solely for residential purposes.\n","sortOrder":164},{"sectionNumber":"153","sectionType":"section","heading":"Monitoring powers","content":"153 Monitoring powers\n(1) The monitoring powers an inspector may exercise under\nsection 152 (1) (b) are as follows:\n(a) to search the premises and anything on the premises;\n(b) to inspect, examine, take measurements of, conduct tests on, or\ntake samples of, anything on the premises that relates to a GMO;\n(c) to take photographs, make video or audio recordings or make\nsketches of the premises or anything on the premises;\n(d) if the inspector was authorised to enter the premises by a warrant\nunder section 172, to require anyone in or on the premises to—\n(i) answer any questions put by the inspector; and\n(ii) produce any document requested by the inspector;\n(e) to inspect any document on the premises;\n(f) to take extracts from or make copies of any document;\n(g) to take onto the premises the equipment and materials the\ninspector requires to exercise powers relating to the premises;\n\nMonitoring powers Division 11.3\n(h) to secure a thing, until a warrant is obtained to seize it, if the\ninspector—\n(i) finds the thing during the exercise of monitoring powers on\nthe premises; and\n(ii) believes on reasonable grounds the thing is evidential\nmaterial; and\n(iii) believes on reasonable grounds the thing would be lost,\ndestroyed or tampered with before the warrant can be\nobtained.\n(2) The monitoring powers include the power to operate equipment at\npremises to see whether—\n(a) the equipment; or\n(b) a disk, tape or other storage device that—\n(i) is at the premises; and\n(ii) can be used with the equipment or is associated with it;\ncontains information relevant to deciding whether there has been\ncompliance with this Act.\n(3) If the inspector, after operating equipment at the premises, finds that\nthe equipment, or a tape, disk or other storage device at the premises,\ncontains information mentioned in subsection (2), the inspector\nmay—\n(a) operate facilities at the premises to put the information in\ndocumentary form and copy the document so produced; or\n(b) if the information can be transferred to a tape, disk or other\nstorage device that—\n(i) is brought to the premises; or\n\n(ii) is at the premises and the use of which for the purpose has\nbeen agreed to in writing by the occupier of the premises;\noperate the equipment or other facilities to copy the information\nto the storage device, and remove the storage device from the\npremises.\n","sortOrder":165},{"sectionNumber":"154","sectionType":"section","heading":"Searches and seizures related to offences","content":"154 Searches and seizures related to offences\n(1) This section applies if an inspector has reasonable grounds for\nsuspecting there may be evidential material on any premises.\n(2) The inspector may—\n(a) enter the premises, with the consent of the occupier or under a\nwarrant issued under section 173; and\n(b) exercise the powers set out in subsection (3) and section 155;\nand\n(c) if the entry is under a warrant and the inspector finds evidential\nmaterial on the premises—seize the material.\n(3) If—\n(a) in the course of searching, under a warrant, for a particular thing,\nan inspector finds another thing that the inspector believes, on\nreasonable grounds, to be evidential material; and\n(b) the inspector believes, on reasonable grounds, that it is\nnecessary to seize that other thing to prevent its concealment,\nloss or destruction, or its use in committing, continuing or\nrepeating an offence against this Act;\nthe warrant is taken to authorise the inspector to seize the other thing.\n\nOffence-related powers Division 11.4\n","sortOrder":166},{"sectionNumber":"155","sectionType":"section","heading":"Offence-related powers of inspectors for premises","content":"155 Offence-related powers of inspectors for premises\nThe powers an inspector may exercise under section 154 (2) (b) are\nas follows:\n(a) to search the premises and anything on the premises for the\nevidential material;\n(b) to inspect, examine, take measurements of, conduct tests on, or\ntake samples of the evidential material;\n(c) to take photographs, make video or audio recordings or make\nsketches of the premises or the evidential material;\n(d) to take onto the premises the equipment and materials the\ninspector needs to exercise powers relating to the premises.\n","sortOrder":167},{"sectionNumber":"156","sectionType":"section","heading":"Use of equipment at premises","content":"156 Use of equipment at premises\n(1) The inspector may operate equipment at the premises to see whether\nevidential material is accessible by doing so, if the inspector believes,\non reasonable grounds, that the equipment can be operated without\ndamaging the equipment.\n(2) If the inspector, after operating the equipment, finds that evidential\nmaterial is accessible by doing so, the inspector may—\n(a) seize the equipment and any disk, tape or other associated\ndevice; or\n(b) if the material can, by using facilities at the premises, be put in\ndocumentary form—operate the facilities to put the material in\ndocumentary form and seize the documents so produced; or\n(c) if the material can be transferred to a disk, tape or other storage\ndevice that—\n(i) is brought to the premises; or\n\n(ii) is at the premises and the use of which for the purpose has\nbeen agreed to in writing by the occupier of the premises;\noperate the equipment or other facilities to copy the material to\nthe storage device and take the storage device from the premises.\n(3) An inspector may seize equipment under subsection (2) (a) only if—\n(a) it is not practicable to put the material in documentary form as\nmentioned in subsection (2) (b) or to copy the material as\nmentioned in subsection (2) (c); or\n(b) possession by the occupier of the equipment could constitute an\noffence.\n(4) An inspector may seize equipment under subsection (2) (a) or\ndocuments under subsection (2) (b) only if the inspector entered the\npremises under a warrant.\n","sortOrder":168},{"sectionNumber":"157","sectionType":"section","heading":"Expert assistance to operate thing","content":"157 Expert assistance to operate thing\n(1) If an inspector believes on reasonable grounds that—\n(a) information relevant to deciding whether there has been\ncompliance with this Act, or evidential material, may be\naccessible by operating a thing at particular premises; and\n(b) expert assistance is required to operate the thing; and\n(c) the information or material may be destroyed, altered or\notherwise interfered with if the inspector does not take action\nunder this subsection;\nthe inspector may do whatever is necessary to secure the thing,\nwhether by locking it up, placing it under guard or otherwise.\n(2) The inspector must give notice to the occupier of the premises of the\ninspector’s intention to secure the thing and of the fact that the thing\nmay be secured for up to 24 hours.\n\nEmergency powers Division 11.6\n(3) The thing may be secured—\n(a) for a period of not longer than 24 hours; or\n(b) until the thing has been operated by the expert;\nwhichever happens first.\n(4) If the inspector believes, on reasonable grounds, that the expert\nassistance will not be available within 24 hours, the inspector may\napply to the Magistrates Court for an extension of the period.\n(5) The inspector must give notice to the occupier of the premises of the\ninspector’s intention to apply for an extension, and the occupier is\nentitled to be heard on the application.\nDivision 11.6 Emergency powers\n","sortOrder":169},{"sectionNumber":"158","sectionType":"section","heading":"Powers available to inspectors for dealing with","content":"158 Powers available to inspectors for dealing with\ndangerous situations\n(1) This section applies if—\n(a) an inspector has reasonable grounds for suspecting that there\nmay be on any premises a particular thing in relation to which\nthis Act has not been complied with; and\n(b) the inspector considers that it is necessary to exercise powers\nunder this section to avoid an imminent risk of death, serious\nillness, serious injury, or to protect the environment.\n(2) The inspector may do any of the following:\n(a) enter the premises;\n(b) search the premises for the thing;\n(c) secure the thing, if the inspector finds it on the premises, until a\nwarrant is obtained to seize the thing;\n\n(d) if the inspector has reasonable grounds for suspecting that a\nperson has not complied with this Act in relation to the thing—\nrequire the person to take the steps the inspector considers\nnecessary for the person to comply with this Act;\n(e) take the steps, or arrange for the steps to be taken, in relation to\nthe thing that the inspector considers appropriate.\n(3) The inspector may exercise the powers under subsection (2) only to\nthe extent that it is necessary for avoiding an imminent risk of death,\nserious illness, serious injury or serious damage to the environment.\n(4) If the regulator incurs costs because of steps reasonably taken or\narranged to be taken by an inspector under subsection (2) (e), the\nperson is liable to pay to the Territory an amount equal to the cost.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\nDivision 11.7 Obligations and incidental powers of\ninspectors\n","sortOrder":170},{"sectionNumber":"159","sectionType":"section","heading":"Inspector must produce identity card on request","content":"159 Inspector must produce identity card on request\nAn inspector is not entitled to exercise a power under this part in\nrelation to premises if—\n(a) the occupier of the premises has required the inspector to\nproduce his or her identity card for inspection by the occupier;\nand\n(b) the inspector fails to comply with the requirement.\n","sortOrder":171},{"sectionNumber":"160","sectionType":"section","heading":"Consent","content":"160 Consent\n(1) When seeking the consent of an occupier for section 152 (2) (a) or\nsection 154 (2) (a), an inspector must—\n(a) produce his or her identity card; and\n\nObligations and incidental powers of inspectors Division 11.7\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time, and date, when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(4) A court must presume that an occupier of premises did not consent to\nan entry to the premises by an inspector under this part if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) an acknowledgment under this section is not produced in\nevidence for the entry; and\n(c) it is not proved that the occupier consented to the entry.\nNote This section differs from the Commonwealth Act, s 160.\n\n","sortOrder":172},{"sectionNumber":"161","sectionType":"section","heading":"Details of warrant to be given to occupier etc","content":"161 Details of warrant to be given to occupier etc\n(1) If a warrant in relation to premises is being executed and the occupier\nof the premises or someone else who apparently represents the\noccupier is present at the premises, the inspector must make a copy\nof the warrant available to the person present.\n(2) The inspector must identify himself or herself to the person.\n(3) The copy of the warrant need not include the signature of the\nmagistrate who issued the warrant.\n","sortOrder":173},{"sectionNumber":"162","sectionType":"section","heading":"Announcement before entry","content":"162 Announcement before entry\n(1) An inspector must, before entering premises under a warrant—\n(a) announce that the inspector is authorised to enter the premises;\nand\n(b) give anyone at the premises an opportunity to allow entry to the\npremises.\n(2) An inspector is not required to comply with subsection (1) if the\ninspector believes, on reasonable grounds, that immediate entry to the\npremises is required—\n(a) to ensure the safety of a person; or\n(b) to prevent serious damage to the environment; or\n(c) to ensure that the effective execution of the warrant is not\nfrustrated.\n","sortOrder":174},{"sectionNumber":"163","sectionType":"section","heading":"Compensation for damage","content":"163 Compensation for damage\n(1) The owner of a thing is entitled to compensation for damage to the\nthing if—\n(a) the damage was caused to the thing because of it being operated\nas mentioned in this part; and\n\nPower to search goods, baggage and containers and seize goods Division 11.8\n(b) the damage was caused because of—\n(i) insufficient care being exercised in selecting the person to\noperate the thing; or\n(ii) insufficient care being exercised by the person operating\nthe thing.\n(2) Compensation is payable by the regulator.\n(3) In deciding the amount of compensation payable, regard is to be had\nto whether the occupier of the premises and the occupier’s employees\nand agents, if they were available at the time, had provided any\nwarning or guidance about the operation of the thing that was\nappropriate in the circumstances.\nNote The Commonwealth Act, s 163 (2) provides for compensation to be\npayable out of money appropriated by the Commonwealth Parliament.\nDivision 11.8 Power to search goods, baggage and\ncontainers and seize goods\n","sortOrder":175},{"sectionNumber":"164","sectionType":"section","heading":"Power to search goods, baggage etc","content":"164 Power to search goods, baggage etc\n(1) This section applies to any goods that are to be, are being, or have\nbeen, taken off an aircraft that flies between a place outside the ACT\nand a place in the ACT.\n(2) If an inspector believes, on reasonable grounds, that goods are goods\nto which this section applies, and that the goods may be, or may\ncontain, evidential material, the inspector may—\n(a) examine the goods; or\n(b) if the goods are baggage—open and search the baggage; or\n(c) if the goods are in a container—open and search the container.\n(3) An inspector may ask a person who owns, is carrying or is otherwise\nassociated with, or appears to the inspector to be associated with,\ngoods to which this section applies, any question about the goods.\n\n(4) A person must not fail to answer a question put to the person under\nsubsection (3).\nMaximum penalty: 30 penalty units.\n(5) An offence against subsection (4) is a strict liability offence.\nNote 1 For strict liability offences, see the Criminal Code, s 23.\nNote 2 This section differs from the Commonwealth Act, s 164.\n","sortOrder":176},{"sectionNumber":"165","sectionType":"section","heading":"Seizure of goods","content":"165 Seizure of goods\nAn inspector may seize goods mentioned in section 164 if the\ninspector has reasonable grounds to suspect that the goods are\nevidential material.\nDivision 11.9 General provisions relating to search\nand seizure\n","sortOrder":177},{"sectionNumber":"166","sectionType":"section","heading":"Copies of seized things to be provided","content":"166 Copies of seized things to be provided\n(1) If an inspector seizes, under a warrant relating to premises—\n(a) a document, film, computer file or other thing that can be readily\ncopied; or\n(b) a storage device, the information in which can be readily copied;\nthe inspector must, if asked to do so by the occupier of the premises,\nor someone else who apparently represents the occupier and who is\npresent when the warrant is executed, give a copy of the thing or the\ninformation to that person as soon as practicable after the seizure.\n(2) Subsection (1) does not apply if—\n(a) the thing that has been seized was seized under\nsection 156 (2) (b) or (c); or\n(b) possession by the occupier of the document, film, computer file,\nthing or information could constitute an offence.\n\nGeneral provisions relating to search and seizure Division 11.9\n","sortOrder":178},{"sectionNumber":"167","sectionType":"section","heading":"Occupier entitled to be present during search","content":"167 Occupier entitled to be present during search\n(1) If a warrant in relation to premises is being executed and the occupier\nof the premises, or someone else who apparently represents the\noccupier is present at the premises, the person is entitled to observe\nthe search being conducted.\n(2) The right to observe the search being conducted ceases if the person\nimpedes the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":179},{"sectionNumber":"168","sectionType":"section","heading":"Receipts for things seized","content":"168 Receipts for things seized\n(1) If a thing is seized under this part, the inspector must provide a receipt\nfor the thing.\n(2) If 2 or more things are seized, they may be covered in a single receipt.\n","sortOrder":180},{"sectionNumber":"169","sectionType":"section","heading":"Keeping seized things","content":"169 Keeping seized things\n(1) Subject to any contrary order of a court, if an inspector seizes a thing\nunder this part, the inspector must return it if—\n(a) the reason for its seizure no longer exists or it is decided that it\nis not to be used in evidence; or\n(b) the period of 60 days after its seizure ends;\nwhichever first happens, unless the thing is forfeited or forfeitable to\nthe Territory.\n(2) At the end of the 60 days mentioned in subsection (1) (b), an inspector\nmust take reasonable steps to return the thing to the person from\nwhom it was seized, unless—\n(a) a proceeding for which the thing may provide evidence was\nbegun before the end of the 60 days and has not been completed\n(including an appeal to a court in relation to the proceeding); or\n\n(b) an inspector may keep the thing because of an order under\nsection 170; or\n(c) to return the thing could cause an imminent risk of death, serious\nillness, serious injury or serious damage to the environment; or\n(d) an inspector is otherwise authorised by a law, or an order of a\ncourt, of the Territory or the Commonwealth, to keep, destroy\nor dispose of the thing.\n(3) The thing may be returned under subsection (2) either unconditionally\nor on the conditions decided by the regulator.\n","sortOrder":181},{"sectionNumber":"170","sectionType":"section","heading":"Magistrates Court may permit thing to be kept","content":"170 Magistrates Court may permit thing to be kept\n(1) An inspector may apply to the Magistrates Court for an order that the\ninspector may keep the thing for a further period if a proceeding for\nwhich the thing may provide evidence has not begun before—\n(a) the end of 60 days after the day of the seizure; or\n(b) the end of a period previously stated in an order of the\nMagistrates Court under this section.\n(2) If the Magistrates Court is satisfied that it is necessary for an inspector\nto continue to keep the thing—\n(a) for an investigation about whether an offence against this Act\nhas been committed; or\n(b) to allow evidence of an offence against this Act to be secured\nfor a prosecution;\nthe court may order that an inspector may keep the thing for a period\n(not longer than 3 years) stated in the order.\n(3) Before making the application, the inspector must—\n(a) take reasonable steps to discover who has an interest in the\nretention of the thing; and\n\n(b) if it is practicable to do so, notify each person whom the\ninspector believes to have an interest of the proposed\nNote This section differs from the Commonwealth Act, s 170.\n","sortOrder":182},{"sectionNumber":"171","sectionType":"section","heading":"Disposal of goods if there is no owner or owner cannot","content":"171 Disposal of goods if there is no owner or owner cannot\nbe located\nIf—\n(a) a thing is seized under this part; and\n(b) apart from this section, the Territory is required to return the\nthing to the owner; and\n(c) there is no owner or the regulator cannot, despite making\nreasonable efforts, locate the owner;\nthe regulator may dispose of the thing in the way the regulator\nconsiders appropriate.\n","sortOrder":183},{"sectionNumber":"172","sectionType":"section","heading":"Monitoring warrants","content":"172 Monitoring warrants\n(1) An inspector may apply to a magistrate for a warrant under this\nsection for premises.\n(2) The magistrate may issue the warrant if the magistrate is satisfied, by\nevidence on oath, that it is reasonably necessary that 1 or more\ninspectors should have access to the premises for monitoring\ncompliance with this Act.\n(3) However, the magistrate may issue the warrant only if the inspector\nor someone else has given to the magistrate, either orally or by\naffidavit, the further information (if any) that the magistrate requires\nabout the grounds on which the issue of the warrant is being sought.\n\n(4) The warrant must—\n(a) authorise 1 or more inspectors (whether or not named in the\nwarrant), with any necessary and reasonable assistance and\nforce—\n(i) to enter the premises; and\n(ii) to exercise the powers mentioned in section 153\n(Monitoring powers) in relation to the premises; and\n(b) state whether the entry is authorised to be made at any time of\nthe day or night or during stated hours of the day or night; and\n(c) state the day (not later than 28 days after the day the warrant is\nissued) that the warrant ceases to have effect; and\n(d) state the purpose for which the warrant is issued.\n","sortOrder":184},{"sectionNumber":"173","sectionType":"section","heading":"Offence-related warrants","content":"173 Offence-related warrants\n(1) An inspector may apply to a magistrate for a warrant under this\nsection for premises.\n(2) The magistrate may issue the warrant if the magistrate is satisfied, by\nevidence on oath, that there are reasonable grounds for suspecting that\nthere is, or there may be within the next 72 hours, evidential material\nin or on the premises.\n(3) However, the magistrate may issue the warrant only if the inspector\nor someone else has given to the magistrate, either orally or by\naffidavit, the further information (if any) that the magistrate requires\nabout the grounds on which the issue of the warrant is being sought.\n\n(4) The warrant must—\n(a) name 1 or more inspectors; and\n(b) authorise the named inspectors, with any necessary and\nreasonable assistance and force—\n(i) to enter the premises; and\n(ii) to exercise the powers mentioned in section 154 (3)\n(Searches and seizures related to offences) and section 155\n(Offence-related powers of inspectors for premises); and\n(iii) to seize the evidential material; and\n(c) state whether the entry is authorised to be made at any time of\nthe day or night or during stated hours of the day or night; and\n(d) state the day (not later than 1 week after the issue of the warrant)\nthe warrant ceases to have effect; and\n(e) state the purpose for which the warrant is issued.\n","sortOrder":185},{"sectionNumber":"174","sectionType":"section","heading":"Offence-related warrants by telephone, fax etc","content":"174 Offence-related warrants by telephone, fax etc\n(1) If, in an urgent case, an inspector considers it necessary to do so, the\ninspector may apply to a magistrate by telephone, fax or other\nelectronic means for a warrant under section 173 for premises.\n(2) The magistrate may require communication by voice to the extent that\nit is practicable in the circumstances.\n(3) Before applying for the warrant, the inspector must prepare an\naffidavit in relation to the premises stating the grounds on which the\nwarrant is sought.\n(4) If it is necessary to do so, the inspector may apply for the warrant\nbefore the affidavit is sworn.\n\n(5) If the magistrate is satisfied—\n(a) after having considered the terms of the affidavit; and\n(b) after having received the further information (if any) that the\nmagistrate requires about the grounds on which the issue of the\nwarrant is being sought;\nthat there are reasonable grounds for issuing the warrant, the\nmagistrate may complete and sign the same warrant that the\nmagistrate would issue under section 173 if the application had been\nmade under that section.\n(6) If the magistrate completes and signs the warrant—\n(a) the magistrate must—\n(i) tell the inspector what the terms of the warrant are; and\n(ii) tell the inspector the date and time the warrant was signed;\nand\n(iii) tell the inspector the day (not later than 1 week after the\nmagistrate completes and signs the warrant) the warrant\nceases to have effect; and\n(iv) record on the warrant the reasons for issuing the warrant;\nand\n(b) the inspector must—\n(i) complete a form of warrant in the same terms as the\nwarrant completed and signed by the magistrate; and\n(ii) write on the form the name of the magistrate and the day\nand time the warrant was signed.\n(7) The inspector must also, not later than the day after the day of expiry\nor execution of the warrant, whichever is the earlier, send to the\nmagistrate—\n(a) the form of warrant completed by the inspector; and\n\n(b) the affidavit mentioned in subsection (3), which must have been\nproperly sworn.\n(8) When the magistrate receives the documents mentioned in\nsubsection (7), the magistrate must—\n(a) attach them to the warrant that the magistrate completed and\nsigned; and\n(b) deal with them how the magistrate would have dealt with the\naffidavit if the application had been made under section 173.\n(9) A form of warrant completed under subsection (6) is authority for any\nentry, search, seizure or other exercise of a power that the warrant\nsigned by the magistrate authorises.\n(10) If—\n(a) it is material, in a proceeding, for a court to be satisfied that an\nexercise of a power was authorised by this section; and\n(b) the warrant signed by the magistrate authorising the exercise of\nthe power is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the\nexercise of the power to prove a warrant authorised the exercise of\nthe power.\n(11) A reference in this part to a warrant under section 173 includes a\nreference to a warrant signed by a magistrate under this section.\n","sortOrder":186},{"sectionNumber":"175","sectionType":"section","heading":"Offences relating to warrants","content":"175 Offences relating to warrants\n(1) An inspector must not make, in an application for a warrant, a\nstatement that the inspector knows to be false or misleading in a\nmaterial particular.\n\n(2) An inspector must not—\n(a) state a magistrate’s name in a document purporting to be a form\nof warrant under section 174 unless the magistrate issued the\nwarrant; or\n(b) state on a form of warrant under section 174 a matter that, to the\ninspector’s knowledge, departs in a material particular from the\nform authorised by the magistrate; or\n(c) purport to execute, or present to someone, a document\npurporting to be a form of warrant under section 174 that the\ninspector knows—\n(i) has not been approved by a magistrate under that section;\nor\n(ii) departs in a material particular from the terms authorised\nby a magistrate under that section; or\n(d) give to a magistrate a form of warrant under section 174 that is\nnot the form of warrant that the inspector purported to execute.\n","sortOrder":187},{"sectionNumber":"176","sectionType":"section","heading":"Pt 11 not to abrogate privilege against self-incrimination","content":"176 Pt 11 not to abrogate privilege against self-incrimination\nNote The Commonwealth Act, s 176 preserves the privilege against\nself-incrimination. This provision is unnecessary in the ACT. The\nLegislation Act, s 170 and s 171 deal with the application of the privilege\nagainst self-incrimination and client legal privilege.\n","sortOrder":188},{"sectionNumber":"176A","sectionType":"section","heading":"Damage etc to be minimised","content":"176A Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\ninspector must take all reasonable steps to ensure that the inspector,\nand any person assisting the inspector, causes as little inconvenience,\ndetriment and damage as is practicable.\n\nOther matters Division 11.11\n(2) If an inspector, or a person assisting an inspector, damages anything\nin the exercise or purported exercise of a function under this part, the\ninspector must give written notice of the particulars of the damage to\nthe person whom the inspector believes, on reasonable grounds, is the\nowner of the thing.\n(3) If the damage happens on premises entered under this part in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place on the premises.\n","sortOrder":189},{"sectionNumber":"176B","sectionType":"section","heading":"Compensation to be paid in certain circumstances","content":"176B Compensation to be paid in certain circumstances\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an inspector or a person assisting an\ninspector.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n","sortOrder":190},{"sectionNumber":"177","sectionType":"section","heading":"Pt 11 does not limit power to impose conditions","content":"177 Pt 11 does not limit power to impose conditions\nThis part does not limit the regulator’s power to impose licence\nconditions or the Minister’s power to impose conditions on an\nemergency dealing determination.\n\n","sortOrder":191},{"sectionNumber":"178","sectionType":"section","heading":"Simplified outline—pt 12","content":"178 Simplified outline—pt 12\nIn outline, this part provides for miscellaneous matters, including the\n(a) review of decisions;\n(b) provisions relating to confidential commercial information;\n(c) the making of regulations;\n(d) transitional provisions;\n(e) review of the operation of the Act.\n","sortOrder":192},{"sectionNumber":"179","sectionType":"section","heading":"Meaning of reviewable decision and eligible person","content":"179 Meaning of reviewable decision and eligible person\nThe following table sets out—\n(a) decisions that are reviewable decisions; and\n(b) each eligible person for a reviewable decision.\nitem\n1A to refuse to consider an application on\nthe basis that the applicant is not a\nsuitable person to hold a licence under\nsection 43 (2) (f)\nthe applicant\n1 to refuse to issue a licence under\nsection 55\nthe applicant for the licence\n\nReview of decisions Division 12.2\nitem\n2 to impose a licence condition under\nsection 55\n3 to suspend or cancel a licence under\nsection 68\n4 to refuse to transfer a licence under\nsection 70\nthe transferee\n5 to vary a licence under section 71 the licence holder\n5A to refuse to vary a licence under\nsection 71\n6 to refuse to determine that a dealing\nwith a GMO is to be included on the\nGMO register under section 78\nthe applicant for the determination\n7 to vary the register in relation to a\ndealing under section 80\na person undertaking the dealing\n7A to refuse to transfer a certification under\nsection 89A\nan applicant for the transfer\n8 to refuse to certify a facility under\nsection 84\nthe applicant for certification\n9 to state a condition of a certification\nunder section 86\nthe holder of the certification\n10 to vary a certification under section 87 the holder of the certification\n11 to suspend or cancel a certification\nunder section 88\nthe holder of the certification\n12 to refuse to accredit an organisation\nunder section 92\nthe applicant for accreditation\n13 to state a condition of an accreditation\nunder section 94\n14 to vary an accreditation under\nsection 95\n\nitem\n15 to suspend or cancel an accreditation\nunder section 96\n16 to refuse to declare information to be\nconfidential commercial information\nunder section 185\nthe person who made an\napplication under section 184 in\nrelation to the information\n17 to revoke a declaration that information\nis confidential commercial information\nunder section 186\nthe person who made an\napplication under section 184 in\nrelation to the information\nNote This section differs from the Commonwealth Act, s 179.\n","sortOrder":193},{"sectionNumber":"180","sectionType":"section","heading":"Notification of decisions and review rights","content":"180 Notification of decisions and review rights\n(1) As soon as practicable after making a reviewable decision, the\nregulator must give written notice of the decision to each eligible\nperson.\n(2) The notice must contain—\n(a) the terms of the decision; and\n(b) the reasons for the decision; and\n(c) a statement setting out particulars of the person’s review rights.\n(3) A failure to comply with this section in relation to a decision does not\naffect the validity of the decision.\n","sortOrder":194},{"sectionNumber":"181","sectionType":"section","heading":"Internal review","content":"181 Internal review\n(1) An eligible person for a reviewable decision (other than a decision\nmade by the regulator personally) may apply in writing to the\nregulator for review of the decision.\n\nReview of decisions Division 12.2\n(2) The application must be made within 30 days after the day the\nreviewable decision first came to the notice of the applicant, or within\nany period that the regulator, before or after the end of that period,\nallows.\n(3) On receiving the application, the regulator must review the\nreviewable decision personally.\n(4) The regulator may—\n(a) make a decision confirming, varying or revoking the reviewable\ndecision; and\n(b) if the regulator revokes the decision—make any other decision\nthe regulator considers appropriate.\n","sortOrder":195},{"sectionNumber":"182","sectionType":"section","heading":"Deadlines for making reviewable decisions","content":"182 Deadlines for making reviewable decisions\nIf—\n(a) this Act provides for a person to make an application of any kind\nto the regulator; and\n(b) a period is stated under this Act for giving notice of the decision\nto the applicant; and\n(c) the regulator has not notified the applicant of the regulator’s\ndecision within the period;\nthe regulator is taken, for this Act, to have made a reviewable decision\nto refuse the application, and the person may seek internal review of\nthe reviewable decision under section 181.\n","sortOrder":196},{"sectionNumber":"183","sectionType":"section","heading":"Review of decisions by Commonwealth administrative","content":"183 Review of decisions by Commonwealth administrative\nreview tribunal\n(1) Subject to the Administrative Review Tribunal Act 2024 (Cwlth), an\neligible person may apply under that Act for a review of—\n(a) a reviewable decision made by the regulator personally; or\n\n(b) a decision made by the regulator under section 181.\n(2) In this section:\ndecision—see the Administrative Review Tribunal Act 2024 (Cwlth),\nsection 4.\n","sortOrder":197},{"sectionNumber":"183A","sectionType":"section","heading":"Extended standing for judicial review","content":"183A Extended standing for judicial review\nNote The Commonwealth Act, s 183A requires that a State be taken to be a\nperson aggrieved for the application of the Administrative Decisions\n(Judicial Review) Act 1977 (Cwlth) in relation to certain decisions,\nfailures or conduct under the Commonwealth Act.\n","sortOrder":198},{"sectionNumber":"184","sectionType":"section","heading":"Application for protection of confidential commercial","content":"184 Application for protection of confidential commercial\n(1) A person may apply to the regulator for a declaration that stated\ninformation to which this Act relates is confidential commercial\ninformation for this Act.\n(2) An application under subsection (1) must be in writing in the form\napproved under section 192E.\nNote This section differs from the Commonwealth Act, s 184 in that the form\nis approved by the regulator under s 192E.\n","sortOrder":199},{"sectionNumber":"185","sectionType":"section","heading":"Regulator may declare information is confidential","content":"185 Regulator may declare information is confidential\ncommercial information\n(1) If the applicant satisfies the regulator that the information stated in\nthe application is—\n(a) a trade secret; or\n(b) any other information that has a commercial or other value that\nwould be, or could reasonably be expected to be, destroyed or\ndiminished if the information were disclosed; or\n\nConfidential commercial information Division 12.3\n(c) other information that—\n(i) concerns the lawful commercial or financial affairs of a\nperson, organisation or undertaking; and\n(ii) if it were disclosed, could unreasonably affect the person,\norganisation or undertaking;\nthe regulator must declare that the information is confidential\ncommercial information for this Act.\n(2) However, the regulator may refuse to declare that the information is\nconfidential commercial information if satisfied that the public\ninterest in disclosure outweighs the prejudice that the disclosure\nwould cause to anyone.\n(3) Also, the regulator must refuse to declare that information is\nconfidential commercial information if the information relates to 1 or\nmore locations where field trials involving GMOs are happening, or\nare proposed to happen, unless satisfied that significant damage to the\nhealth and safety of people, the environment or property would be\nlikely to happen if the locations were disclosed.\nNote This means that, in general, information about sites where dealings with\nGMOs are happening will be required to be disclosed under s 54 and\ns 138, unless the regulator is satisfied that disclosure would involve\nsignificant risks to health and safety.\n(4) The regulator must give the applicant written notice of the regulator’s\ndecision about the application.\n(5) If—\n(a) the regulator declares that particular information is confidential\ncommercial information; and\n(b) the information relates to 1 or more locations where field trials\ninvolving GMOs are happening, or are proposed to happen;\nthe regulator must make publicly available a statement of reasons for\nthe making of the declaration, including, for example—\n\n(c) the reasons why the regulator was satisfied as mentioned in\nsubsection (1); and\n(d) the reasons why the regulator was not satisfied under subsection\n(2) that the public interest in disclosing the information\noutweighed the prejudice that the disclosure would cause; and\n(e) the reasons why the regulator was satisfied under subsection (3)\nthat significant damage to the health and safety of people, the\nenvironment or property would be likely to happen if the\nlocations were disclosed.\n(5A) If—\n(a) a person has made an application under section 184 for a\ndeclaration that stated information is confidential commercial\ninformation; and\n(b) the regulator has not yet made a decision on the application;\nthe information is to be treated as confidential commercial\ninformation until the regulator makes a decision on the application.\n(6) If the regulator refuses an application under section 184 (1) in relation\nto information, the information is to be treated as confidential\ncommercial information until any review rights under section 181\nor 183 in relation to the application are exhausted.\n","sortOrder":200},{"sectionNumber":"186","sectionType":"section","heading":"Revocation of declaration","content":"186 Revocation of declaration\n(1) The regulator may, by written notice given to the applicant for a\ndeclaration under section 185, revoke the declaration if the regulator\nis satisfied—\n(a) that the information concerned no longer satisfies\nsection 185 (1) (a), (b) or (c); or\n(b) that the public interest in disclosing the information outweighs\nthe prejudice that disclosure would cause to any person.\n\nConfidential commercial information Division 12.3\n(2) The revocation does not take effect until any review rights under\nsection 181 or 183 in relation to the revocation are exhausted.\n","sortOrder":201},{"sectionNumber":"187","sectionType":"section","heading":"Confidential commercial information must not be","content":"187 Confidential commercial information must not be\ndisclosed\n(1) A person who—\n(a) has confidential commercial information; and\n(b) has the information only because of exercising functions under\nthis Act or under the Commonwealth Act or a corresponding\nState law within the meaning of the Commonwealth Act; and\n(c) knows that the information is confidential commercial\ninformation;\nmust not disclose the information.\n(2) A person who—\n(a) has confidential commercial information; and\n(b) has it because of a disclosure mentioned in subsection (3); and\n(c) knows that the information is confidential commercial\ninformation;\nmust not disclose the information.\n(3) This section does not apply to a disclosure of information—\n(a) to any of the following entities in the course of carrying out\nfunctions under this Act, the Commonwealth Act or a\ncorresponding State law:\n(i) a territory agency;\n\n","sortOrder":202},{"sectionNumber":"Div 12","sectionType":"division","heading":"4 Acts and omissions of representatives","content":"Division 12.4 Acts and omissions of representatives\n(ii) the Commonwealth or a Commonwealth authority;\n(iii) the gene technology technical advisory committee; or\n(b) by order of a court; or\n(c) with the consent of the person who applied to have the\ninformation treated as confidential commercial information.\n(6) In this section:\ncorresponding State law—see the Commonwealth Act, section 12.\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndisclose, in relation to information, means give or communicate in\nany way.\nNote This section differs from the Commonwealth Act, s 187.\nDivision 12.4 Acts and omissions of\nrepresentatives\n","sortOrder":203},{"sectionNumber":"188","sectionType":"section","heading":"Acts and omissions of representatives","content":"188 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n\nOther provisions Division 12.6\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":204},{"sectionNumber":"192","sectionType":"section","heading":"False or misleading information or document","content":"192 False or misleading information or document\nA person must not—\n(a) in connection with an application made to the regulator under\nthis Act; or\n(b) in compliance or purported compliance with this Act;\ndo either of the following:\n(c) give information (whether orally or in writing) that the person\nknows is false or misleading in a material particular;\n\n(d) produce a document that the person knows is false or misleading\nin a material particular without—\n(i) indicating to the person to whom the document is produced\nthat it is false or misleading, and how it is false or\nmisleading; and\n(ii) providing correct information to the person to whom the\ndocument is produced, if the person producing the\ndocument is in possession of, or can reasonably acquire,\nthe correct information.\nMaximum penalty: 60 penalty units, imprisonment for 1 year or both.\n","sortOrder":205},{"sectionNumber":"192A","sectionType":"section","heading":"Interference with dealings with GMOs","content":"192A Interference with dealings with GMOs\n(a) the person engages in conduct; and\n(b) the conduct—\n(i) results in damage to, destruction of, or interference with,\npremises or a facility where dealings with GMOs are being\nundertaken; or\n(ii) involves damaging, destroying, or interfering with, a thing\nat, or removing a thing from, the premises or facility; and\n(c) the owner or occupier of the premises or facility, or the owner\nof the thing (as the case requires), has not consented to the\nconduct; and\n(d) in engaging in the conduct, the person intends to prevent or\nhinder authorised GMO dealings that are being undertaken at the\npremises or facility; and\n\nOther provisions Division 12.6\n(e) the person knows, or is reckless about, the matters mentioned in\nparagraphs (b) and (c).\n(2) In this section—\nauthorised GMO dealings, for premises or a facility, means dealings\nwith GMOs being undertaken at the premises or facility—\n(a) that are authorised to be undertaken at the premises or facility\nby a GMO licence; or\n(aa) that are specified in an emergency dealing determination and are\nnot prohibited from being undertaken at the premises or facility\nby a condition of the determination; or\n(b) that are notifiable low risk dealings; or\n(c) that are exempt dealings; or\n(d) that are dealings included on the GMO register.\nNote This section differs from the Commonwealth Act, s 192A.\n","sortOrder":206},{"sectionNumber":"192E","sectionType":"section","heading":"Approved forms","content":"192E Approved forms\n(1) The regulator may, in writing, approve forms for this Act.\n(2) If the regulator approves a form for a particular purpose, the approved\nform must be used for the purpose.\n(3) An approved form is a notifiable instrument.\n\n","sortOrder":207},{"sectionNumber":"193","sectionType":"section","heading":"Regulation-making power","content":"193 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may require a person to comply with codes of practice\nor guidelines issued under this Act as in force at a particular time or\nfrom time to time.\n(3) A regulation may apply, adopt or incorporate a law or instrument, or\na provision of a law or instrument, as in force from time to time.\nNote 1 The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\nNote 2 This section differs from the Commonwealth Act, s 193.\n\n(see s 10 (1))\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• administrative unit\n• exercise\n• function\n• public servant\n• State.\nNote 3 The definitions in this dictionary have equivalent definitions in the\nCommonwealth Act, s 10 (1).\naccredited organisation means an organisation accredited under\ndivision 7.3.\naggravated offence—see section 38 (1).\nCommonwealth Act means the Gene Technology Act 2000 (Cwlth).\nCommonwealth administrative review tribunal means the\nAdministrative Review Tribunal established under the Administrative\nReview Tribunal Act 2024 (Cwlth), section 8.\nCommonwealth authority means—\n(a) a corporation established for a public purpose under a\nCommonwealth Act; or\n(b) a company in which a controlling interest is held by any 1 of the\nfollowing, or by 2 or more of the following together:\n(i) the Commonwealth;\n(ii) a corporation mentioned in paragraph (a);\n(iii) an entity mentioned in subparagraph (i) or (ii).\nCommonwealth Environment Minister means the Commonwealth\nMinister responsible for environment and conservation.\n\nconfidential commercial information means information declared\nunder section 185 to be confidential commercial information.\ncontainment level, for a facility, means the degree of physical\nconfinement of GMOs provided by the facility, having regard to the\ndesign of the facility, the equipment located or installed in the facility\nand the procedures generally used within the facility.\ndeal with a GMO means any of the following:\n(a) conduct experiments with the GMO;\n(b) make, develop, produce or manufacture the GMO;\n(c) breed the GMO;\n(d) propagate the GMO;\n(e) use the GMO in the course of manufacturing a thing that is not\nthe GMO;\n(f) grow, raise or culture the GMO;\n(g) import the GMO;\n(h) transport the GMO;\n(i) dispose of the GMO;\nand includes the possession, supply or use of the GMO for the\npurposes of, or in the course of, a dealing mentioned in any of\nparagraphs (a) to (i).\neligible person, for a reviewable decision—see section 179.\nenvironment includes—\n(a) ecosystems and their constituent parts; and\n(b) natural and physical resources; and\n(c) the qualities and characteristics of locations, places and areas.\n\nethics and community committee means the gene technology ethics\nand community consultative committee established by the\nCommonwealth Act, section 106.\nevidential material means any of the following:\n(a) a thing in relation to which an offence against this Act has been\ncommitted or is suspected, on reasonable grounds, to have been\ncommitted;\n(b) a thing that there are reasonable grounds for suspecting will\nprovide evidence about the commission of an offence mentioned\nin paragraph (a);\n(c) a thing that there are reasonable grounds for suspecting is\nintended to be used for committing an offence against this Act.\nexempt dealing means a dealing prescribed by regulation as an\nexempt dealing.\nfacility includes, but is not limited to, the following:\n(a) a building or part of a building;\n(b) a laboratory;\n(c) an aviary;\n(d) a glasshouse;\n(e) an insectary;\n(f) an animal house;\n(g) an aquarium or tank.\ngene technology means any technique for modifying genes or other\ngenetic material, but does not include—\n(a) sexual reproduction; or\n(b) homologous recombination; or\n(c) any other technique prescribed by regulation for this paragraph.\n\ngene technology account means the Gene Technology Account\nestablished under the Commonwealth Act, section 129.\ngene technology agreement means the Gene Technology Agreement\nmade for this Act between the Commonwealth and at least 4 States,\nas in force from time to time.\ngene technology community consultative committee means the Gene\nTechnology Community Consultative Committee established under\nthe Commonwealth Act, section 106.\ngene technology ethics committee means the Gene Technology\nEthics Committee established under the Commonwealth Act,\nsection 111.\ngene technology regulator means the Gene Technology Regulator\nappointed under the Commonwealth Act, section 118.\ngene technology technical advisory committee means the Gene\nTechnology Technical Advisory Committee established under the\nCommonwealth Act, section 100.\ngenetically modified organism means—\n(a) an organism that has been modified by gene technology; or\n(b) an organism that has inherited particular traits from an organism\n(the initial organism), if the traits occurred in the initial\norganism because of gene technology; or\n(c) anything declared by regulation to be a genetically modified\norganism;\nbut does not include—\n(d) a human being, if the human being is an organism mentioned in\nparagraph (a) only because the human being has undergone\nsomatic cell gene therapy; or\n(e) an organism declared by regulation not to be a genetically\nmodified organism.\nGMO means a genetically modified organism.\n\nGMO licence means a licence issued under section 55.\nGMO register means the GMO Register established under the\nCommonwealth Act, section 76.\nGM product means a thing (other than a GMO) derived or produced\nfrom a GMO.\nGM record means the Record of GMO Dealings mentioned in the\nCommonwealth Act, section 138.\ninadvertent dealings application means an application for a GMO\nlicence to which division 5.3 or division 5.4 does not apply because\nof the operation of section 46A or section 49.\ninstitutional biosafety committee means a committee established as\nan institutional biosafety committee in accordance with the guidelines\nissued by the regulator under section 98.\nintentional release of a GMO into the environment—see section 11.\nlicence holder means the holder of a GMO licence.\nministerial council means the Ministerial Council within the\nmeaning of the gene technology agreement.\nnotifiable low risk dealing means a dealing declared to be a notifiable\nlow risk dealing under section 74.\nofficer, of the Commonwealth, includes the following:\n(a) a Commonwealth Minister;\n(b) a person who holds—\n(i) an office established under a Commonwealth Act; or\n(ii) an appointment made under a Commonwealth Act; or\n(iii) an appointment made by the Governor-General or a\nCommonwealth Minister other than under a\nCommonwealth Act;\n\n(c) a person who is a member or officer of a Commonwealth\nauthority;\n(d) a person who is in the service or employment of the\nCommonwealth or of a Commonwealth authority, or is\nemployed or engaged under a Commonwealth Act.\norganism means any biological entity that is—\n(a) viable; or\n(b) capable of reproduction; or\n(c) capable of transferring genetic material.\nperson covered by a GMO licence means a person authorised by a\nGMO licence to deal with a GMO.\npremises includes the following:\n(a) a building;\n(b) a place, including an area of land;\n(c) a vehicle;\n(d) a vessel;\n(e) an aircraft;\n(f) a facility;\n(g) any part of premises, including premises mentioned in\nparagraphs (a) to (f).\nregulator means the gene technology regulator.\nreviewable decision—see section 179.\nState includes the Territory.\nNote State also includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nterritory agency means—\n(a) the Territory; or\n(b) a Minister; or\n(c) an administrative unit; or\n(d) a territory instrumentality, and any other corporation established\nfor a public purpose under a territory law; or\n(e) a company in which a controlling interest is held by any 1 of the\nfollowing, or by 2 or more of the following together:\n(i) the Territory;\n(ii) a Minister;\n(iii) a corporation mentioned in paragraph (d);\n(iv) an entity mentioned in subparagraphs (i) to (iii).\nthing includes a substance, and a thing in electronic or magnetic form.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":208},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nGene Technology Act 2003 A2003-57\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nremainder commenced 5 June 2004 (s 2 and LA s 79)\nas amended by\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.20\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.20 commenced 5 June 2004 (LA s 79A)\nHealth Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.7\nnotified LR 17 November 2006\ns 1, s 2 commenced 17 November 2006 (LA s 75 (1))\nsch 2 pt 2.7 commenced 18 November 2006 (s 2 (1))\nGene Technology Amendment Act 2008 A2008-10\nnotified LR 21 April 2008\ns 1, s 2 commenced 21 April 2008 (LA s 75 (1))\nremainder commenced 1 May 2008 (s 2 and CN2008-5)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.35\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.35 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.29\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.29 commenced 12 December 2011 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.33\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.33 commenced 14 October 2015 (s 2)\n\n3 Legislation history\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.31\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.31 commenced 1 September 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.11 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.11 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nGene Technology Amendment Act 2017 A2017-15 pt 2\nnotified LR 14 June 2017\ns 1, s 2 commenced 14 June 2017 (LA s 75 (1))\npt 2 commenced 15 June 2017 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.18\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.18 commenced 23 October 2018 (s 2 (4))\nHealth Legislation Amendment Act 2025 A2025-16 sch 1 pt 1.1\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\nsch 1 pt 1.1 commenced 2 June 2025 (s 2)\n\nLegislation history 3\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.45, sch 4\npt 4.85\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.45, sch 4 pt 4.85 commenced 16 November 2025 (s 2 (1),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nExternal Territories\ns 7 am A2025-16 amdt 1.1\nReview of certain decisions\ns 19 am A2025-16 amdts 1.2-1.6\nMinisterial council may issue policy principles\ns 21 am A2025-29 amdt 4.85\nMinisterial council may issue policy guidelines\ns 23 am A2025-29 amdt 4.85\nMinisterial council may issue codes of practice\ns 24 am A2025-29 amdt 4.85\nIndependence of regulator\ns 30 am A2017-15 s 4\nSimplified outline—pt 4\ns 31 am A2008-10 s 4\nPerson not to deal with GMO without licence\ns 32 sub A2008-10 s 5\nPerson not to deal with GMO without licence—strict liability offence\ns 33 am A2008-10 s 6, s 7\nPerson must not breach conditions of GMO licence\ns 34 am A2008-10 s 8, s 9\nPerson must not breach conditions of emergency dealing determination\ns 35A ins A2008-10 s 10\nPerson must not breach conditions of emergency dealing determination—\nstrict liability offence\ns 35B ins A2008-10 s 10\nLicences relating to inadvertent dealings\ns 40A ins A2008-10 s 11\nRegulator may require applicant to give further information\ns 42 am A2008-10 s 12\nRegulator must consider applications except in certain circumstances\ns 43 am A2008-10 s 13, s 14\nDivision does not apply to an application relating to inadvertent dealings\ns 46A ins A2008-10 s 15\nam A2017-15 s 5\n\nDivision does not apply to an application relating to inadvertent dealings\ns 49 sub A2008-10 s 16\nam A2017-15 s 6\nRegulator must prepare risk assessment and risk management plan\ns 50 am A2008-10 s 17, s 18\nLimited and controlled release applications\ns 50A ins A2008-10 s 19\nMatters regulator must take into account in preparing risk assessment and\nrisk management plan\ns 51 am A2008-10 ss 20-22\nPublic notification of risk assessment and risk management plan\ns 52 am A2008-10 ss 23-25; A2015-33 amdt 1.104; A2025-29 amdt\n4.85\nRegulator must not issue the licence unless satisfied as to risk management\ns 56 am A2008-10 s 26, s 27\nOther circumstances in which regulator must not issue the licence\ns 57 am A2008-10 s 28\nPeriod of licence\ns 60 am A2008-10 s 29\nProtection of persons who give information\ns 67 am A2008-10 s 30\nVariation of licence\ns 71 am A2008-10 ss 31-35; A2017-15 s 7\ns 72 am A2008-10 s 36\nGMO licence—annual charge\ns 72AA (prev s 72A) renum as s 72AA R4 LA (see A2008-10 s 37)\nEmergency dealing determinations\npt 5A hdg ins A2008-10 s 38\nApplication of Commonwealth emergency dealing determinations\ns 72A orig s 72A\nrenum as s 72AA\npres s 72A\nins A2008-10 s 38\nMinister may make emergency dealing determination\ns 72B ins A2008-10 s 38\nPeriod of effect of emergency dealing determination\ns 72C ins A2008-10 s 38\n\nEffect and conditions of emergency dealing determination\ndiv 5A.3 hdg ins A2008-10 s 38\nom A2009-20 amdt 3.83\nPeriod of effect of emergency dealing determination\ns 72D ins A2008-10 s 38\nVariation, suspension and revocation of emergency dealing determination\ndiv 5A.4 hdg ins A2008-10 s 38\nom A2009-20 amdt 3.83\nVariation, suspension and revocation of emergency dealing determination\ns 72E ins A2008-10 s 38\nNotifiable low risk dealings\ns 74 am A2017-15 s 8\nRegulator may include dealings with GMOs on GMO register\ns 78 am A2008-10 s 39\nVariation of GMO register\ns 80 am A2025-29 amdt 3.152\nSimplified outline—pt 7\ns 82 am A2008-10 s 40\nApplication for certification\ns 83 am A2008-10 s 41\ns 89 am A2008-10 s 42\nTransfer of certification\ns 89A ins A2008-10 s 43\nApplication for accreditation\ns 91 am A2008-12 s 44\nRegulator may accredit organisations\ns 92 am A2008-10 s 45, s 46\ns 97 am A2008-10 s 47\npt 8 hdg sub A2008-10 s 48\nSimplified outline—pt 8\ns 99 am A2008-10 s 49\nGene technology ethics and community consultative committee\ndiv 8.3 hdg sub A2008-10 s 50\n\nGene technology ethics and community consultative committee\ns 106 hdg sub A2008-10 s 51\ns 106 am A2008-10 s 52\nFunction of ethics and community committee\ns 107 sub A2008-10 s 53\nMembership\ns 108 am A2008-10 s 54\nRemuneration\ns 109 am A2008-10 s 54\nRegulations\ns 110 am A2008-10 s 55\ns 110A om A2008-10 s 56\ns 111 om A2008-10 s 58\nins A2008-10 s 57\nExpert advisers\ns 112 om A2008-10 s 58\nins A2008-10 s 57\nGene technology ethics committee\ndiv 8.4 hdg om A2008-10 s 58\nExpert advisers\ns 113 om A2008-10 s 58\nRemuneration\ns 114 om A2008-10 s 58\nMembers and procedures\ns 115 om A2008-10 s 58\ns 116 om A2008-10 s 58\nSimplified outline—pt 9\ns 117 am A2017-15 s 9\nAnnual Report\ns 136 am A2017-15 s 10\nQuarterly reports\ns 136A am A2008-10 s 59\nom A2017-15 s 11\nRecord of GMO dealings\ndiv 9.6 hdg sub A2017-15 s 12\n\nRecord of GMO dealings\ns 138 hdg sub A2017-15 s 13\ns 138 am A2008-10 s 60, s 61; A2017-15 ss 14-16\nSimplified outline—pt 10\ns 145 am A2008-10 s 62, s 63\nRegulator may give directions\ns 146 am A2008-10 ss 64-67; A2011-52 amdt 3.103\nSimplified outline—pt 11\ns 149 am A2008-10 s 68\nPowers available to inspectors for monitoring compliance\ns 152 am A2008-10 s 69, s 70\nPowers available to inspectors for dealing with dangerous situations\ns 158 am A2011-52 amdt 3.104\nActs and omissions of representatives\ndiv 12.4 hdg sub A2004-15 amdt 1.24\nMonitoring warrants\ns 172 am A2006-46 amdt 2.22\nOffence-related warrants by telephone, fax etc\ns 174 hdg sub A2018-33 amdt 1.33\ns 174 am A2018-33 amdt 1.34\nPt 11 does not limit power to impose conditions\ns 177 sub A2008-10 s 71\nMeaning of reviewable decision and eligible person\ns 179 am A2008-12 ss 72-74\nDeadlines for making reviewable decisions\ns 182 am A2008-10 s 75, s 76\nReview of decisions by Commonwealth administrative review tribunal\ns 183 hdg sub A2025-16 amdt 1.7\ns 183 am A2025-16 amdt 1.8, amdt 1.9\nRegulator may declare information is confidential commercial information\ns 185 am A2008-10 s 77\nConfidential commercial information must not be disclosed\ns 187 am A2016-55 amdt 4.13\nActs and omissions of representatives\ns 188 sub A2004-15 amdt 1.24\nMeaning of terms in s 188\ns 189 om A2004-15 amdt 1.24\n\nTransitional provisions\ndiv 12.5 hdg exp 5 June 2006 (s 191A (1))\nTransitional provision—dealings covered by genetic manipulation advisory\ncommittee advice to proceed\ns 190 exp 5 June 2006 (s 191A (1) (LA s 88 declaration applies))\nRegulations may relate to transitional matters\ns 191 exp 5 June 2006 (s 191A (1))\nExpiry of div 12.5\ns 191A exp 5 June 2006 (s 191A (1))\nInterference with dealings with GMOs\ns 192A am A2008-10 s 78, s 79\nCloning of human beings is prohibited\ns 192B om A2025-16 amdt 1.10\nCertain experiments involving animal eggs prohibited\ns 192C om A2025-16 amdt 1.10\nCertain experiments involving putting human and animal cells into human\nuterus prohibited\ns 192D om A2025-16 amdt 1.10\nApproved forms\ns 192E am A2025-16 amdt 1.11; am R15 LA\nRegulation-making power\ns 193 am A2025-29 amdt 4.85\nReview of operation of Act\ns 194 am A2006-46 amdt 2.23, amdt 2.24; ss renum R3 LA\nexp 5 June 2009 (s 194 (6))\nTransitional—Gene Technology Amendment Act 2017\npt 13 hdg ins A2017-15 s 17\nMeaning of commencement day—pt 13\ns 200 ins A2017-15 s 17\nInadvertent dealings applications—s 46A (a) and s 49 (a)\ns 201 ins A2017-15 s 17\nVariation of licence applications—s 71 (2B)\ns 202 ins A2017-15 s 17\n\nRecord of GMO dealings—s 138\ns 203 ins A2017-15 s 17\nExpiry—pt 13\ns 204 ins A2017-15 s 17\ndict am A2016-52 amdt 1.94\ndef Commonwealth administrative appeals tribunal om\nA2025-16 amdt 1.12\ndef Commonwealth Administrative Appeals Tribunal Act\nom A2025-16 amdt 1.12\ndef Commonwealth administrative review tribunal ins\nA2025-16 amdt 1.13\ndef consultative committee om A2008-10 s 80\ndef deal with am A2008-10 s 81\ndef ethics and community committee ins A2008-10 s 82\ndef ethics committee om A2008-10 s 83\ndef GM record am A2017-15 s 18\ndef inadvertent dealings application ins A2008-10 s 84\ndef institutional biosafety committee sub A2008-10 s 85\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n5 June 2004–\nA2004-15 new Act and\namendments by\nA2004-15\n6 June 2006–\n17 Nov 2006\nA2004-15 commenced expiry\n18 Nov 2006\n18 Nov 2006–\n30 Apr 2008\nA2006-46 amendments by\nA2006-46\n1 May 2008–\nA2008-10 amendments by\nA2008-10\n6 June 2009–\n21 Sept 2009\nA2008-10 commenced expiry\n22 Sept 2009\n22 Sept 2009-\n11 Dec 2011\nA2009-20 amendments by\nA2009-20\n12 Dec 2011\n12 Dec 2011-\n13 Oct 2015\nA2011-52 amendments by\nA2011-52\n14 Oct 2015\n14 Oct 2015-\n31 Aug 2016\nA2015-33 amendments by\nA2015-33\n1 Sept 2016\n1 Sept 2016-\nA2016-52 amendments by\nA2016-52\n15 June 2017-\n31 Dec 2017\nA2017-15 amendments by\nA2017-15\n1 Jan 2018\n1 Jan 2018–\n22 Oct 2018\nA2017-15 amendments by\nA2016-55 as\namended by\nA2017-14\n\n6 Expired transitional or validating provisions\nNo and date\nEffective Last\namendment\nmade by\nfor\n23 Oct 2018\n23 Oct 2018–\nA2018-33 amendments by\nA2018-33\n16 June 2019–\nA2018-33 expiry of\ntransitional\nprovisions (pt 13)\n2 June 2025–\n15 Nov 2025\nA2025-16 amendments by\nA2025-16\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":209}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The ACT version adapts the Commonwealth model with Territory‑specific additions and procedural changes. It expressly applies Commonwealth emergency determinations as Territory law (s 72A), introduces an annual licence charge (s 72AA), adds approved form and identity‑card rules (ss 192E, 151), creates local compensation and minimal‑damage duties for inspectors (ss 176A, 176B), and aligns review mechanisms to the Administrative Review Tribunal framework (ss 19, 183). Several Commonwealth provisions are omitted or reworded to fit ACT administrative arrangements (see multiple ‘differs from the Commonwealth Act’ notes throughout)."},"complexity_factors":["Inter-jurisdictional coordination: integrates with Commonwealth and State schemes and the gene technology agreement, requiring concurrent operation and advice from States and Commonwealth bodies (see ss 4, 5, 16–20, 50(3), 52(5)).","Layered licensing pathways: separate procedures for inadvertent dealings, contained dealings and intentional environmental release with mandatory risk assessment, management plans and public notice (see divs 5.2–5.5, ss 46, 47, 48–56, 50A, 52).","Mixed fault standards: combination of intent/recklessness offences and strict liability offences, with higher penalties for 'aggravated' conduct causing significant harm (see ss 32–35B, 38).","Emergency authorisations: incorporation and application of Commonwealth emergency dealing determinations alongside Territory licensing (pt 5A, ss 72A–72E).","Inspection and enforcement powers: broad monitoring, search, seizure, warrant and emergency powers for inspectors, with procedural safeguards and compensation/claim mechanisms (pt 11, ss 150–176B).","Confidentiality regime: statutory process to declare, protect, revoke and criminalise disclosure of confidential commercial information, with specific exceptions and required reasons for site‑sensitive material (ss 184–187).","Administrative review and decision rights: internal review and tribunal review pathways with specified reviewable decisions and timeframes, including interaction with the Administrative Review Tribunal Act (ss 179–183, 19).","Certification and accreditation layer: facility containment certification and organisational accreditation with guidelines, transfer, suspension and conditions (pt 7, ss 83–98, 90).","Ongoing compliance costs: annual licence charges, fees for applications and possible cost recovery where regulator arranges remedial action (ss 72AA, 40(6), 127, 146(4)–(5)).","Regulatory discretion and independence: regulator has wide discretion in licensing and may delegate, but is insulated from direction on individual licensing decisions (ss 27–30, 29)."],"plain_english_summary":"This law creates a licensing and oversight system for dealings with genetically modified organisms (GMOs) in the ACT. It makes most GMO activities unlawful without authorisation, sets out application, risk‑assessment and public‑consultation steps, empowers inspectors and courts to enforce rules, and establishes certification, accreditation and a GMO register.\n\nIt affects researchers, companies, facility operators and landholders. Licence‑holders pay fees, must keep records, accept monitoring and face fines, licence variation or criminal penalties for non‑compliance."},"kimi_summary":{"_metrics":{"completionTokens":711},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a regulatory framework for gene technology in the ACT, designed to operate as part of a nationally consistent scheme. While there have been numerous amendments since 2003 (including updates to emergency dealing determinations, inadvertent dealings provisions, and administrative review mechanisms), these appear to be refinements and modernisations rather than significant expansion beyond the original purpose of protecting health, safety and environment through GMO regulation."},"complexity_factors":["Mirror legislation structure — the Act is designed to align with Commonwealth law, requiring cross-referencing to the Commonwealth Gene Technology Act 2000 for many provisions","Multiple overlapping approval pathways — licences, emergency determinations, notifiable low risk dealings, exempt dealings, and GMO register create a complex regulatory matrix","Extensive defined terms in the Dictionary (approximately 40+ definitions) with some terms referencing Commonwealth law","Nested conditions and exceptions — licence conditions can be prescribed, imposed by regulator, or arise automatically; similar layering for certifications and accreditations","Detailed procedural requirements for licensing including risk assessments, public notification periods (30-50 days), and consultation with multiple entities","Emergency powers and inspection powers with specific warrant procedures including telephone/fax warrants","Review mechanisms — internal review plus Administrative Review Tribunal (Commonwealth) with extended standing provisions","Transitional and amendment history spanning 2003-2025 with multiple amending Acts"],"plain_english_summary":"This Act tightly controls dealings with genetically modified organisms in the ACT: unlicensed work is prohibited, licences are required (with stricter oversight for environmental releases), and an independent Gene Technology Regulator assesses applications, inspects, and enforces compliance. It also protects some commercial information while requiring disclosure of field trial locations except for safety reasons.\n\nIt applies to researchers, biotech firms, farmers, and anyone importing, transporting or disposing of GMOs — ensuring health, safety and environmental risks are assessed and aligning ACT practice with the national scheme."}},"importantCases":[],"_links":{"self":"/api/acts/gene-technology-act-2003","history":"/api/acts/gene-technology-act-2003/history","analysis":"/api/acts/gene-technology-act-2003/analysis","conflicts":"/api/acts/gene-technology-act-2003/conflicts","importantCases":"/api/acts/gene-technology-act-2003/important-cases","documents":"/api/acts/gene-technology-act-2003/documents"}}