{"id":"a-2004-40","name":"Gene Technology (GM Crop Moratorium) Act 2004","slug":"gene-technology-gm-crop-moratorium-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"40 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23647,"registerId":"act-a-2004-40-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Gene Technology (GM Crop Moratorium) Act 2004","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGene Technology (GM Crop\nMoratorium) Act 2004\nA2004-40\nRepublication No 5\nEffective: 16 December 2025\nRepublication date: 16 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Gene Technology (GM Crop Moratorium) Act 2004 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGene Technology (GM Crop\nMoratorium) Act 2004\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Purpose of Act 3\nPart 2 Moratorium on cultivating certain GM plants\n7 Moratorium orders 4\n8 Exemptions 4\n9 Offence—contravention of moratorium order 5\n\nContents\nPage\ncontents 2 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Orders cannot be challenged 5\n11 Advisory council 6\n12 Directions by Minister 7\n13 Urgent seizure etc 8\n14 Offence—transfer etc of certain plants 9\n15 Obligation to report cultivation of GM food crop 10\nPart 3 Enforcement\nDivision 3.1 Interpretation\n16 Definitions for pt 3 11\nDivision 3.2 Inspectors\n17 Appointment of inspectors 11\n18 Identity cards 12\nDivision 3.3 Powers of inspectors\n19 Power to enter premises 12\n20 Production of identity card 13\n21 Consent to entry 13\n22 Warrants 14\n23 Warrants—application made other than in person 15\n24 General powers on entry to premises 16\n25 Power to require name and address 17\n26 Power to seize things 18\n27 Receipt for things seized 19\n28 Access to things seized 19\n29 Return of things seized 19\nDivision 3.4 Miscellaneous\n30 Self-incrimination etc 20\n31 Damage etc to be minimised 20\n32 Compensation—actions by inspectors 21\nPart 3A Notification and review of decisions\n32A Meaning of reviewable decision—pt 3A 22\n32B Reviewable decision notices 22\n32C Applications for review 22\n\nContents\nPage\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n33 Certificate 23\n34 Review of decisions 23\n35 Compensation—safety net 24\n36 Delegation by Minister 24\n37 Determination of fees 25\n38 Regulation-making power 25\n39 Expiry of Act 25\nDictionary 26\nEndnotes\n1 About the endnotes 28\n2 Abbreviation key 28\n3 Legislation history 29\n4 Amendment history 30\n5 Earlier republications 32\n\n\n\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGene Technology (GM Crop\nMoratorium) Act 2004\nAn Act to enable a moratorium to be imposed on the cultivation of certain\ngenetically modified plants, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Gene Technology (GM Crop Moratorium) Act 2004.\n3 Dictionary\nThe 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 or in other legislation.\nFor example, the signpost definition ‘gene technology—see the\nGene Technology Act 2003, dictionary.’ means that the term ‘gene\ntechnology’ is defined in that dictionary and the definition applies to this\nAct.\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\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, 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.\n6 Purpose of Act\nThe purpose of this Act is to designate the ACT as an area in which\ncertain genetically modified plants may not be cultivated, in order to\npreserve the identity of 1 or both of the following for marketing\npurposes:\n(a) GM crops;\n(b) non-GM crops.\n\nPart 2 Moratorium on cultivating certain GM plants\nSection 7\npage 4 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Moratorium on cultivating certain\nGM plants\n7 Moratorium orders\n(1) The Minister may, in writing, make an order (a moratorium order)\nprohibiting the cultivation in the ACT of a stated GM food plant.\n(2) A moratorium order is a disallowable instrument.\n8 Exemptions\n(1) The Minister may, in writing, exempt a person, area or anything else\nfrom the operation of a moratorium order.\n(2) Before giving an exemption, the Minister must ask the advisory\ncouncil, in writing, for its recommendation about whether the\nexemption should be given.\n(3) If the Minister does not receive a recommendation from the advisory\ncouncil within 28 days after the day the Minister asks for it, the\nMinister may give an exemption without a recommendation.\n(4) If the advisory council recommends against giving an exemption but\nthe Minister decides to give the exemption, the Minister must—\n(a) give the advisory council written reasons for not following its\nrecommendation; and\n(b) make those reasons, and the recommendation, publicly\navailable.\n(5) An exemption is a disallowable instrument.\n(6) An exemption may be subject to conditions.\n(7) An exemption may form part of a moratorium order or may be a\nseparate instrument.\n\nMoratorium on cultivating certain GM plants Part 2\nSection 9\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) The cultivation of a GM food plant in accordance with an exemption\nfrom a moratorium order is not a contravention of the moratorium\norder.\n9 Offence—contravention of moratorium order\nA person commits an offence if—\n(a) the person cultivates a GM food plant; and\n(b) the cultivation is in contravention of a moratorium order; and\n(c) the person is reckless about whether—\n(i) the plant is a GM food plant; and\n(ii) the cultivation is in contravention of a moratorium order.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n10 Orders cannot be challenged\n(1) This part does not create a right in relation to the making of a\nmoratorium order or exemption.\n(2) Without limiting subsection (1), a moratorium order or exemption in\nforce under this Act—\n(a) may not be challenged or called into question in any court; and\n(b) is not subject to prohibition, mandamus or injunction in any\ncourt.\n\nPart 2 Moratorium on cultivating certain GM plants\nSection 11\npage 6 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Advisory council\n(1) The ACT Advisory Council on Gene Technology is established.\n(2) The advisory council consists of 8 members appointed by the\nMinister.\nNote 1 For the making of appointments (including acting appointments),\nsee Legislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(3) The Minister must try to ensure that the following people are\nappointed as members:\n(a) a person nominated by the director-general who is to be the\nchairperson of the advisory council;\n(b) a person nominated by the Commonwealth Scientific and\nIndustrial Research Organisation;\n(c) a person nominated by a university based in the ACT who has\nprofessional skills or experience in research in a field relevant\nto gene technology;\n(d) a person nominated by the ACT Rural Lessees’ Association;\n(e) a person nominated by the ACT Sustainable Lands Group;\n(f) a person nominated by the Canberra Region Branch\nBiotechnology Group of AusBiotech;\n(g) a person who has professional skills or experience in the\nmarketing of food crops;\n(h) a person to represent the community generally.\n\nMoratorium on cultivating certain GM plants Part 2\nSection 12\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If an entity mentioned in subsection (3) (d) to (f) ceases to exist or\ndoes not nominate a member for appointment to the advisory council,\nthe Minister must appoint a person nominated by another entity the\nMinister considers has similar objectives to the entity.\n(5) The advisory council has the following functions:\n(a) to investigate anything the Minister refers to the advisory\ncouncil;\n(b) to give advice in relation to proposals for research trials for\nGM food plants the Minister refers to the advisory council;\n(c) to give policy advice in relation to licences issued under the\nGene Technology Act 2003 that relate to GM food plants;\n(d) to give advice on current developments and issues in relation to\ngene technology and its application to agriculture.\n(6) Subject to any decision of the Minister, the advisory council may\ndecide its own procedures.\n12 Directions by Minister\n(1) This section applies if—\n(a) the Minister has a certificate given under section 33 in relation\nto a plant (the tested plant); and\n(b) the Minister believes on reasonable grounds that the tested\nplant—\n(i) is a GM food plant to which a moratorium order applies;\nand\n(ii) was not cultivated under an exemption.\n\nPart 2 Moratorium on cultivating certain GM plants\nSection 13\npage 8 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Minister may, in writing, direct a person who owns or has\ncustody or control of the tested plant, or any plant that is or was part\nof the crop in which the tested plant was cultivated (the offending\ncrop), to do any of the following:\n(a) keep ownership, custody or control of the plant for a stated\nperiod;\n(b) hold the plant at a particular place for a stated period;\n(c) destroy the plant in a stated way and within a stated time;\n(d) take any other stated action in relation to the plant.\n(3) If the Minister reasonably believes that the tested plant or offending\ncrop has been cultivated on any land, the Minister may direct, in\nwriting, the owner or occupier of the land not to cultivate any plant\nof a stated species or variety on the land for a stated period.\n(4) A person commits an offence if the person fails to comply with a\ndirection given to the person under this section.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n13 Urgent seizure etc\n(1) This section applies if—\n(a) a person has failed to comply with a direction given to the person\nunder section 12 (2) in relation to a tested plant; and\n(b) the Minister considers that seizure and disposal or destruction of\nthe plant is required urgently.\n\nMoratorium on cultivating certain GM plants Part 2\nSection 14\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An inspector acting under the written authority of the Minister may\nseize and dispose of or destroy—\n(a) the tested plant; and\n(b) any plant that is or was part of the offending crop; and\n(c) any container in which a plant mentioned in paragraph (a) or (b)\nis growing or stored.\n14 Offence—transfer etc of certain plants\n(1) A person commits an offence if the person—\n(a) owns or has custody or control of a plant; and\n(b) is reckless about whether the plant—\n(i) has been cultivated in contravention of a moratorium order;\nor\n(ii) is or was part of a crop in which a plant was cultivated in\ncontravention of a moratorium order; and\n(c) does any of the following:\n(i) transfers ownership, custody or control of the plant;\n(ii) offers the plant for sale;\n(iii) offers to supply the plant;\n(iv) destroys the plant;\n(v) moves the plant to another place.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n\nPart 2 Moratorium on cultivating certain GM plants\nSection 15\npage 10 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) does not apply if the person is acting in accordance\nwith—\n(a) a direction under section 12; or\n(b) a written permission of the director-general.\n(3) The regulations may make provision in relation to the giving of a\npermission mentioned in subsection (2) (b).\n15 Obligation to report cultivation of GM food crop\n(1) A person commits an offence if—\n(a) the person has reasonable grounds for believing that a GM food\nplant is being cultivated in contravention of a moratorium order;\nand\n(b) the person does not report the cultivation to the director-general\nwithin 48 hours of having those grounds.\nMaximum penalty: 20 penalty units.\n(2) Strict liability applies to subsection (1) (b).\n(3) Subsection (1) does not apply to a person if the person believes on\nreasonable grounds that the cultivation has already been reported to\nthe director-general.\n\nEnforcement Part 3\nInterpretation Division 3.1\nSection 16\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Enforcement\nDivision 3.1 Interpretation\n16 Definitions for pt 3\nIn this part:\nconnected—a thing is connected with a particular offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be committed.\nDivision 3.2 Inspectors\n17 Appointment of inspectors\nThe director-general may appoint a public servant to be an inspector\nfor this Act.\nNote 1 For the making of appointments (including acting appointments),\nsee Legislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n\nPart 3 Enforcement\nDivision 3.3 Powers of inspectors\nSection 18\npage 12 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Identity cards\n(1) The director-general must issue an inspector with an identity card that\nstates the person’s name and appointment as an inspector, and\nshows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry for the card; and\n(d) anything else prescribed under the regulations.\n(2) A person commits an offence if the person—\n(a) was appointed as an inspector under section 17; and\n(b) ceases to be an inspector; and\n(c) does not return the person’s identity card to the director-general\nwithin 7 days after the day the person ceases to be an inspector.\nMaximum penalty: 1 penalty unit.\n(3) An offence against subsection (2) is a strict liability offence.\nDivision 3.3 Powers of inspectors\n19 Power to enter premises\n(1) For this Act, an inspector may—\n(a) enter premises (other than residential premises) at any\nreasonable time; or\n(b) enter premises at any time with the occupier’s consent; or\n(c) enter premises in accordance with a warrant under this part; or\n\nEnforcement Part 3\nPowers of inspectors Division 3.3\nSection 20\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) enter premises at any time if the inspector believes, on\nreasonable grounds, that the circumstances are serious and\nurgent enough to require the immediate entry to the premises\nwithout the authority of a warrant.\n(2) An inspector may, without the occupier’s consent, enter land around\npremises to ask for consent to enter the premises.\n(3) For subsection (1) (d), the inspector may enter the premises with any\nnecessary assistance and force.\n20 Production of identity card\nAn inspector must not remain on premises entered under this part if,\nwhen asked by the occupier, the inspector does not produce his or her\nidentity card for inspection by the occupier.\n21 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under this\npart, an inspector must—\n(a) produce his or her identity card; and\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\nPart 3 Enforcement\nDivision 3.3 Powers of inspectors\nSection 22\npage 14 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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 assume that the occupier did not consent to an entry to\nthe premises by the 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.\n22 Warrants\n(1) An inspector may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate any information the magistrate requires\nabout the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity is at the premises, or may be at the premises\nwithin the next 14 days.\n\nEnforcement Part 3\nPowers of inspectors Division 3.3\nSection 23\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The warrant must state—\n(a) the offence for which the warrant is sought; and\n(b) that an inspector may, with necessary assistance and force, enter\nthe premises and exercise the inspector’s powers under this part;\nand\n(c) the evidence that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue, the\nwarrant ends.\n23 Warrants—application made other than in person\n(1) An inspector may apply for a warrant by phone, fax, radio or other\nform of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) If the magistrate issues the warrant, the magistrate must immediately\nprovide a written copy to the inspector if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the inspector—\n(a) the magistrate must—\n(i) tell the inspector the terms of the warrant; and\n(ii) tell the inspector the date and time the warrant was issued;\nand\n\nPart 3 Enforcement\nDivision 3.3 Powers of inspectors\nSection 24\npage 16 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe inspector’s powers under this part.\n(7) The inspector must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must assume that a power exercised by an inspector was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n24 General powers on entry to premises\n(1) An inspector who enters premises under this part may, for this Act,\ndo any of the following in relation to the premises or anything on the\npremises:\n(a) inspect or examine;\n\nEnforcement Part 3\nPowers of inspectors Division 3.3\nSection 25\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) take measurements or conduct tests;\n(c) take samples of or from anything on the premises;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or a person on the premises, to give the\ninspector reasonable help to exercise a power under this part.\n(2) A person commits an offence if the person intentionally contravenes\na requirement under subsection (1) (e).\nMaximum penalty: 50 penalty units.\n25 Power to require name and address\n(1) An inspector may require a person to state the person’s name and\naddress if the inspector—\n(a) finds the person committing an offence against this Act; or\n(b) believes on reasonable grounds that the person has just\ncommitted an offence against this Act.\n(2) If an inspector makes a requirement of a person under subsection (1),\nthe inspector must—\n(a) tell the person the reasons for the requirement; and\n(b) as soon as practicable, record those reasons.\n(3) A person commits an offence if the person contravenes a requirement\nunder subsection (1).\nMaximum penalty: 5 penalty units.\n(4) However, a person is not required to comply with a requirement under\nsubsection (1) if, when asked by the person, the inspector does not\nproduce his or her identity card for inspection by the person.\n(5) An offence against this section is a strict liability offence.\n\nPart 3 Enforcement\nDivision 3.3 Powers of inspectors\nSection 26\npage 18 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Power to seize things\n(1) An inspector who enters premises under a warrant under this part may\nseize the evidence for which the warrant was issued.\n(2) An inspector who enters premises under this part with the occupier’s\nconsent may seize a thing on the premises if—\n(a) the inspector is satisfied on reasonable grounds that the thing is\nconnected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry as\ntold to the occupier when seeking the occupier’s consent.\n(3) An inspector may also seize anything on premises entered under this\npart if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, an inspector may—\n(a) remove the thing from the premises where it was seized; or\n(b) leave the thing at the premises where it was seized but restrict\naccess to it.\n(5) A person commits an offence if the person intentionally interferes\nwith a thing to which access has been restricted under\nsubsection (4) (b).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(6) Subsection (5) does not apply if the Minister approved the\ninterference.\n\nEnforcement Part 3\nPowers of inspectors Division 3.3\nSection 27\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an inspector under\nthis part, the inspector must give a receipt for it to the occupier of the\npremises where it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt, secured conspicuously at the\nplace of seizure.\n28 Access to things seized\nA person who would, apart from the seizure of a thing under this part,\nbe entitled to the thing may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n29 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not begun\nwithin 90 days after the day of the seizure; or\n(b) if a prosecution is begun within the 90 days—the court does not\nfind the offence proved.\n(2) A thing seized under this part is forfeited to the Territory if a court—\n(a) finds an offence relating to the thing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but the court does not order the forfeiture\nof the thing seized, the director-general must return the thing to its\nowner or the Territory must pay reasonable compensation to the\nowner for the loss of the thing.\n\nPart 3 Enforcement\nDivision 3.4 Miscellaneous\nSection 30\npage 20 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For subsections (1) and (3), if the thing seized was a plant that has\ndeteriorated or perished since it was seized, the owner is entitled to\nreasonable compensation for the deterioration or loss.\nDivision 3.4 Miscellaneous\n30 Self-incrimination etc\n(1) A person is not excused from giving information or producing a\ndocument when required to do so under this part on the ground that it\nmay tend to incriminate the person.\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the giving of the information or document is\nnot admissible in evidence against the person in a criminal\nproceeding, other than a proceeding for an offence against this part or\nthe Criminal Code, part 3.4 (False or misleading statements,\ninformation and documents).\n31 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this Act, an\ninspector must take reasonable steps to ensure that the inspector, and\nanyone helping the inspector, causes as little inconvenience,\ndetriment and damage as is practicable.\n(2) If an inspector, or anyone helping an inspector, damages anything in\nthe exercise, or purported exercise, of a function under this Act,\nthe inspector must give written notice of the particulars of the damage\nto the person whom the inspector believes is the owner of the thing.\nNote For how documents may be served, see Legislation Act, pt 19.5.\n(3) If the damage happens on premises entered under this Act, the notice\nmay be given—\n(a) to the occupier; or\n(b) if the occupier is not present—by securing it in a conspicuous\nplace on the premises.\n\nEnforcement Part 3\nMiscellaneous Division 3.4\nSection 32\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Compensation—actions by inspectors\n(1) A person may claim reasonable compensation from the Territory if\nthe person incurs loss or expense because of the exercise, or purported\nexercise, of a function under this part by an inspector or anyone\nhelping an inspector.\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) The 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) The regulations 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\nPart 3A Notification and review of decisions\nSection 32A\npage 22 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3A Notification and review of\ndecisions\n32A Meaning of reviewable decision—pt 3A\nIn this part:\nreviewable decision means a direction given by the Minister under\nsection 12.\n32B Reviewable decision notices\nIf the Minister makes a reviewable decision, the decision-maker must\ngive a reviewable decision notice to the person to whom the direction\nthe subject of the reviewable decision is given.\nNote 1 The Minister must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\nNote 2 The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n32C Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) a person mentioned in section 32B;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 4\nSection 33\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n33 Certificate\n(1) The person in charge of an approved laboratory may give a certificate,\nsigned by the person, stating that—\n(a) an approved test has been conducted on a plant; and\n(b) the test shows that the plant has been genetically modified.\n(2) For this Act, a certificate given under subsection (1) is conclusive\nproof that the plant has been genetically modified.\n(3) In this section:\napproved laboratory means—\n(a) a laboratory accredited by the National Association of Testing\nAuthorities, Australia; or\n(b) another laboratory prescribed under the regulations.\napproved test means—\n(a) a polymerase chain reaction test; or\n(b) another test prescribed under the regulations.\n34 Review of decisions\nApplication may be made to the ACAT for review of a decision of\nthe Minister to give a direction under section 12.\n\nPart 4 Miscellaneous\nSection 35\npage 24 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Compensation—safety net\n(1) This section applies if, apart from this section and section 32—\n(a) the operation of any provision of this Act would result in the\nacquisition of property from a person otherwise than on just\nterms; and\n(b) the acquisition would be unlawful because of the\nSelf-Government Act, section 23 (1).\n(2) The person acquiring the property (the acquirer) is liable to pay\nreasonable compensation to the other person for the acquisition.\n(3) If the acquirer and the other person do not agree on the amount of\ncompensation, the other person may, by proceeding in a court of\ncompetent jurisdiction, recover from the acquirer the reasonable\ncompensation that the court decides.\n36 Delegation by Minister\n(1) The Minister must exercise the Minister’s functions under any of the\nfollowing provisions personally:\n(a) section 7 (Moratorium orders);\n(b) section 8 (Exemptions);\n(c) section 12 (Directions by Minister).\n(2) The Minister may delegate any other function of the Minister under\nthis Act to—\n(a) a public servant; or\n(b) a person prescribed under the regulations.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n(3) The Legislation Act, section 254A (Delegation by Minister) does not\napply to a function under this Act.\n\nMiscellaneous Part 4\nSection 37\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Determination of fees\n(1) The Minister may, in writing, determine fees for this Act.\n(2) A determination is a disallowable instrument.\n38 Regulation-making power\nThe Executive may make regulations for this Act.\n39 Expiry of Act\n(1) This Act expires on a date (not earlier than 17 June 2006) fixed by\nthe Minister by written notice.\n(2) The notice is a disallowable instrument.\n(3) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, the notice commences—\n(a) if there is a motion to disallow the notice and the motion is\nnegatived by the Legislative Assembly—the day after the day the\ndisallowance motion is negatived; or\n(b) the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the expiry notice provides for a later date or time of\ncommencement—on that date or at that time.\n(4) The date fixed by the notice must not be earlier than the day the notice\ncommences.\n\nDictionary\npage 26 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• director-general (see s 163)\n• function.\nadvisory council means the ACT Advisory Council on Gene\nTechnology established under section 11.\nconnected, for part 3 (Enforcement)—see section 16.\ncultivate a plant includes plant, tend, nurture or harvest the plant.\nexemption means an exemption under section 8.\nfood plant means a species or variety of plant that is, when grown in\nthe ACT, primarily grown to be used (whether or not after processing)\nas, or as an ingredient of, food for human consumption.\nGM food plant means a food plant that—\n(a) has been modified by gene technology; or\n(b) has inherited from another plant particular traits that happened\nin that other plant because of gene technology.\ngene technology—see the Gene Technology Act 2003, dictionary.\nmoratorium order—see section 7.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\noffence, for part 3 (Enforcement)—see section 16.\n\nDictionary\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\noffending crop—see section 12 (2).\nplant includes the seed or any part of a plant, whether living or dead\nand whether attached to a plant or not.\npremises includes a building of any description, or a part of a\nbuilding, a vehicle, and land (whether built on or not).\nreviewable decision, for part 3A (Notification and review of\ndecisions)—see section 32A.\ntested plant—see section 12 (1).\n\nEndnotes\n1 About the endnotes\npage 28 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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.\n2 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\nEndnotes\nLegislation history 3\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nGene Technology (GM Crop Moratorium) Act 2004 A2004-40\nnotified LR 9 July 2004\ns 1, s 2 commenced 9 July 2004 (LA s 75 (1))\nremainder commenced 10 July 2004 (s 2)\nNote Act exp on a date fixed by the Minister by written notice\nnot earlier than 17 June 2006 (s 39)\nas amended by\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.71\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.71 commenced 1 July 2011 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.19\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.19 commenced 23 October 2018 (s 2 (4))\nHealth Legislation Amendment Act 2025 A2025-16 sch 1 pt 1.2\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\nsch 1 pt 1.2 commenced 2 June 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.86\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.86 commenced 16 December 2025 (s 2 (6))\n\nEndnotes\n4 Amendment history\npage 30 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMoratorium orders\ns 7 am A2025-29 amdt 4.86\nExemptions\ns 8 am A2025-29 amdt 4.86\nAdvisory council\ns 11 am A2011-22 amdt 1.219\nOffence—transfer etc of certain plants\ns 14 am A2011-22 amdt 1.219\nObligation to report cultivation of GM food crop\ns 15 am A2011-22 amdt 1.219\nAppointment of inspectors\ns 17 am A2011-22 amdt 1.219\nIdentity cards\ns 18 am A2011-22 amdt 1.219\nWarrants—application made other than in person\ns 23 am A2018-33 amdt 1.35, amdt 1.36\nReturn of things seized\ns 29 am A2011-22 amdt 1.219\nNotification and review of decisions\npt 3A hdg ins A2025-16 amdt 1.14\nMeaning of reviewable decision—pt 3A\ns 32A ins A2025-16 amdt 1.14\nReviewable decision notices\ns 32B ins A2025-16 amdt 1.14\nApplications for review\ns 32C ins A2025-16 amdt 1.14\nReview of decisions\ns 34 am A2025-16 amdt 1.15\nDetermination of fees\ns 37 am A2025-29 amdt 4.86\nRegulation-making power\ns 38 am A2025-29 amdt 4.86\nExpiry of Act\ns 39 am A2025-29 amdt 4.86\n\nEndnotes\nAmendment history 4\nR5\n16/12/25\nGene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdministrative Decisions (Judicial Review) Act 1989, schedule 1,\nnew clause 8\ns 40 om LA s 89 (3)\nDictionary\ndict am A2011-22 amdt 1.220; A2025-16 amdt 1.16\ndef reviewable decision ins A2025-16 amdt 1.17\n\nEndnotes\n5 Earlier republications\npage 32 Gene Technology (GM Crop Moratorium) Act 2004\nEffective: 16/12/25\nR5\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n10 July 2004\n10 July 2004–\n30 June 2011\nnot amended new Act\nR2\n1 July 2011\n1 July 2011–\n22 Oct 2018\nA2011-22 amendments by\nA2011-22\nR3\n23 Oct 2018\n23 Oct 2018–\n1 June 2025\nA2018-33 amendments by\nA2018-33\nR4\n2 June 2025\n2 June 2025–\n15 Dec 2025\nA2025-16 amendments by\nA2025-16\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s core scope remains as originally stated: to allow the ACT to be designated a place where specified GM food plants cannot be cultivated (section 6) and to provide enforcement mechanisms. Subsequent amendments (notably 2011, 2018 and 2025) altered administrative, procedural and enforcement details — for example: advisory council composition and inspector appointment/identity rules (2011), remote warrant applications (2018), and a statutory ACAT review route for Ministerial directions together with related notification provisions and minor regulation/fee updates (2025; Part 3A). These changes adjust process, oversight and enforcement mechanics but do not materially expand the Act’s substantive purpose of enabling a moratorium on cultivation of specified GM food plants. The most notable scope shift is procedural: the 2025 insertion of Part 3A adds an express review path for directions under section 12, changing remedies available to affected persons without altering the Act’s underlying ban power (sections 7, 12, 32A–32C, 34)."},"complexity_factors":["Length: 39 substantive sections plus dictionary and endnotes (Parts 1–4).","Cross-references: multiple to other laws (Gene Technology Act 2003 for term ‘gene technology’; Criminal Code for general offence principles; Legislation Act for drafting and instrument rules; ACAT Act for review procedure).","Defined terms and signpost definitions: dictionary plus signpost references to external definitions (eg ‘gene technology’).","Discretion and delegation rules: high ministerial discretion (sections 7, 8, 12) combined with mandatory personal exercise of core functions (section 36(1)).","Non-justiciability clause: section 10 excludes court challenge to moratorium orders and exemptions, complicating judicial review pathways.","Enforcement complexity: detailed inspector powers (enter, sample, seize, urgent entry, warrants by remote application), and seizure/return/compensation rules (sections 19–29).","Mixed mens rea and strict liability: some offences require recklessness (sections 9, 14) while others are strict liability (section 15(2)), requiring careful drafting/interpretation in prosecutions.","Conditional instruments and processes: moratoriums, exemptions (may be conditional), disallowable instruments, and fee determinations (and regulation‑making) add procedural layers.","Added administrative review layer (Part 3A): 2025 insertion creates ACAT review for directions under s12, while leaving moratoriums/exemptions non-justiciable, producing asymmetric review routes.","Reliance on lab certification: certificates from NATA‑accredited or prescribed labs are conclusive proof (section 33), concentrating evidentiary weight in technical testing procedures."],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act allows the ACT Minister to impose a written moratorium banning the cultivation of a specified genetically modified (GM) food plant within the ACT (section 7). Moratoriums and any exemptions are disallowable instruments (sections 7(2), 8(5)).\n\n- The Minister can grant written exemptions (for particular people, places or circumstances) and may attach conditions to those exemptions. Before granting one the Minister must ask the ACT Advisory Council on Gene Technology for its recommendation; if the council objects and the Minister grants the exemption anyway, the Minister must publish the council’s recommendation and written reasons for not following it (section 8).\n\n- It is an offence to cultivate a GM food plant in breach of a moratorium order if the person is reckless about whether the plant is GM and whether cultivation breaches the moratorium (section 9). Maximum penalty: 200 penalty units, 2 years’ imprisonment or both.\n\n- The Minister may direct owners or controllers of a tested plant (one certified as GM under section 33) to hold, move, destroy or otherwise deal with the plant or the crop it was part of, and to stop cultivating specified species or varieties on land for a stated period (section 12). Failure to comply is an offence with the same maximum penalty as above.\n\n- Inspectors appointed by the director‑general have powers to enter non‑residential premises (and residential premises with consent or under warrant, and in urgent circumstances without a warrant), inspect, take samples, seize items connected with offences, and use reasonable force where authorised (sections 17–26). Warrants can be obtained in person or by phone/fax/other communication in urgent or special circumstances (sections 22–23).\n\n- A person who has reasonable grounds to believe a GM food plant is being cultivated in breach of a moratorium must report it to the director‑general within 48 hours, or commit a strict‑liability offence (section 15).\n\n- Certificates from approved laboratories stating an approved test shows a plant is genetically modified are conclusive proof that the plant has been genetically modified (section 33).\n\n- Seized items must be returned or compensation paid if no prosecution starts within 90 days; seized plants that deteriorate may attract compensation (section 29). The Territory may also be liable for reasonable compensation where the Act effects an acquisition of property otherwise than on just terms (section 35).\n\n- The Act creates the ACT Advisory Council on Gene Technology (8 members appointed by the Minister; composition the Minister must try to reflect specified nominating bodies and interests) to advise the Minister on referrals, research trials, licences under the Gene Technology Act 2003, and policy (section 11).\n\n- The Act contains a non‑justiciability clause: moratorium orders and exemptions “may not be challenged or called into question in any court” and are not subject to prohibition, mandamus or injunction (section 10). However, a direction under section 12 (for example to hold or destroy a plant or to stop cultivation on land) is a reviewable decision and can be reviewed by the ACT Civil and Administrative Tribunal (ACAT) under Part 3A (sections 32A–32C, 34).\n\n**Who this affects**\n\n- Primary effect: landholders, leaseholders, farmers and others who grow food crops in the ACT — they risk criminal penalty if they cultivate GM food plants in breach of a moratorium or fail to report suspected breaches (sections 7, 9, 15).\n\n- People who own, handle, sell or move plants that may have been cultivated in breach of a moratorium face offences for transferring, offering for sale, moving or destroying such plants if reckless about their provenance (section 14).\n\n- The Territory (government) and its agencies: the director‑general appoints inspectors and issues identity cards, and the Minister makes and administers moratoria and exemptions (sections 17–18, 7–8, 12).\n\n- Laboratories and testing bodies: approved laboratories provide conclusive certificates that trigger enforcement powers (section 33).\n\n- Advisory bodies and industry representatives nominated under the advisory council provisions participate in advice shaping moratorium and exemption decisions (section 11).\n\n**Why it matters (stated purpose and the concrete mechanisms that follow)**\n\n- Stated purpose: to designate the ACT as an area in which certain GM plants may not be cultivated to preserve the identity of GM or non‑GM crops for marketing purposes (section 6).\n\n- How the law operationalises that purpose: it gives the Minister authoritative, largely discretionary power to ban cultivation of identified GM food plants (section 7); it creates criminal penalties and enforcement powers (sections 9, 12–14, 17–26); it relies on certified laboratory testing as a trigger (section 33); and it sets up an advisory council to inform the Minister’s decisions (section 11).\n\n**Costs, incentives and trade‑offs (practical effects and risks)**\n\n- Who pays: directly affected growers pay in compliance costs (altered planting choices, possible destruction of crops under directions, legal risk from offences). If the Territory seizes or destroys plants, it may pay compensation in specified circumstances (sections 29, 32, 35). Businesses that rely on particular crops may face supply or marketing adjustments.\n\n- Who decides and where discretion sits: the Minister holds core decision power (moratoriums, exemptions, directions) and must exercise three functions personally (moratorium orders, exemptions, and section 12 directions) (sections 7, 8, 12, 36(1)). The advisory council advises but the Minister may depart from its recommendations with published reasons (section 8(4)). That structure concentrates key regulatory choices in the Minister while giving the advisory council a formal consultative role (section 11).\n\n- Compliance burden and enforcement risk: growers must manage the legal risk of cultivating species that may be declared GM food plants; they face reporting obligations and criminal penalties for reckless acts (sections 9, 14, 15). Inspectors have broad entry, sampling and seizure powers, including urgent entry without a warrant in serious and urgent circumstances (sections 19, 22–24). Testing is conducted by approved labs and their certificates are conclusive proof (section 33), which reduces dispute over GM status but raises implementation reliance on lab accreditation and test selection.\n\n- Legal protection and limits on review: moratorium orders and exemptions cannot be challenged in court (section 10), which reduces judicial checks on those instruments. At the same time, directions given under section 12 (which may require holding, disposal or cultivation bans on land) are reviewable by ACAT under Part 3A (sections 32A–32C, 34). That creates an asymmetric review regime: the high‑level instrument (the moratorium itself) is insulated from judicial challenge, while individual operational directions are reviewable.\n\n- Effects on private enterprise and markets: the Act restricts a property use (cultivation of certain crops), which can change land use decisions, contract performance and market supply in the ACT. Because the Act’s stated objective is preserving crop identity for marketing, beneficiaries of the moratorium are likely private marketers and growers who value the ACT’s non‑GM or GM brand identity; costs are borne by those wishing to grow banned GM food plants (section 6).\n\n- Concentrated benefits and diffuse costs: benefits accrue to actors whose business model depends on the ACT maintaining a particular crop identity (marketing advantage). Costs (compliance, lost options) are spread across growers and related businesses. The advisory council’s membership rules (section 11(3)) name specific industry and land groups as nominators, which creates a formal channel for concentrated interests to advise the Minister.\n\n- Implementation risks and substitution effects: farmers may substitute to other crops or relocate outside the ACT; testing‑and‑certification dependence (section 33) creates operational risk if labs or testing standards change; seizure and destruction powers (sections 12, 13, 26) may produce disputes over compensation (sections 29, 32, 35).\n\n**Practical summary — who acts differently because of this Act?**\n\n- Growers in the ACT must avoid cultivating identified GM food plants unless they hold a written exemption or direction permitting otherwise, and must report suspected illegal cultivation (sections 7–9, 15).\n- The Minister decides which GM food plants are banned and can issue targeted exemptions (sections 7–8).\n- Inspectors and the director‑general enforce compliance through testing, entry, seizure and directions (sections 17–26, 33).\n- Affected persons can challenge specific Ministerial directions under section 12 at ACAT, but they cannot challenge moratorium orders or exemptions in court (sections 10, 32A–32C, 34).\n\n(References cited are to sections of the Gene Technology (GM Crop Moratorium) Act 2004.)"},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of enabling a moratorium on GM crop cultivation. While amendments have added administrative review procedures (Part 3A) and refined enforcement powers, these are procedural enhancements rather than scope expansion. The core mechanism—Ministerial moratorium orders with exemptions—remains unchanged since 2004."},"complexity_factors":["Moderate length (39 sections plus dictionary) but relatively focused scope","Cross-references to Commonwealth Gene Technology Act 2003 for key definitions like 'gene technology'","Multiple enforcement mechanisms with conditions (warrants, consent, urgent entry)","Non-challengeability clause (s 10) creating unusual procedural immunity","Nested conditions for exemptions requiring Advisory Council consultation with 28-day timeout provision","Specific evidentiary rules regarding laboratory certificates (conclusive proof provision)","Sunset clause mechanism requiring Ministerial notice to set expiry date","Part 3A inserted later adding administrative review layer (ACAT jurisdiction)"],"plain_english_summary":"This Act lets the ACT Government place moratoria on growing specified GM food crops to protect the territory’s “GM-free” marketing status. It affects growers, researchers (who can seek exemptions), landowners, businesses and the public (who must report suspected illegal cultivation).\n\nThe Minister issues non‑reviewable bans and may grant exemptions after Advisory Council advice; inspectors have powers to enter, sample, seize and destroy crops. Breaches carry heavy fines, jail and other enforcement measures to ensure compliance."}},"importantCases":[],"_links":{"self":"/api/acts/gene-technology-gm-crop-moratorium-act-2004","history":"/api/acts/gene-technology-gm-crop-moratorium-act-2004/history","analysis":"/api/acts/gene-technology-gm-crop-moratorium-act-2004/analysis","conflicts":"/api/acts/gene-technology-gm-crop-moratorium-act-2004/conflicts","importantCases":"/api/acts/gene-technology-gm-crop-moratorium-act-2004/important-cases","documents":"/api/acts/gene-technology-gm-crop-moratorium-act-2004/documents"}}