{"id":"nsw:act-2003-011","name":"Gene Technology (New South Wales) Act 2003","slug":"gene-technology-new-south-wales-act-2003","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"11 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104940,"registerId":"nsw-act-2003-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Gene Technology (New South Wales) Act 2003](/view/html/inforce/current/act-2003-011).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> > (1) The object of this Act is to adopt in this State a uniform Australian approach to the regulation of genetically modified organisms.\n> \n> > (2) For that purpose, this Act—\n> > \n> > > (a) applies the [Gene Technology Act 2000](http://www.legislation.gov.au/) and the [Gene Technology (Licence Charges) Act 2000](http://www.legislation.gov.au/) of the Commonwealth as a law of this State, and\n> > \n> > > (b) makes provision to help ensure that the Commonwealth Acts and the applied law of this State are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > applied provisions means the Commonwealth gene technology laws that apply as a law of this State because of section 5.\n> > \n> > Commonwealth administrative laws means the following Acts and regulations of the Commonwealth—\n> > \n> > > (a) the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/), excluding Part 7,\n> > \n> > > (b) the [Freedom of Information Act 1982](http://www.legislation.gov.au/),\n> > \n> > > (c) the [Ombudsman Act 1976](http://www.legislation.gov.au/),\n> > \n> > > (d) the [Privacy Act 1988](http://www.legislation.gov.au/),\n> > \n> > > (e) the regulations in force under any of those Acts.\n> > \n> > Commonwealth Gene Technology Act means the [Gene Technology Act 2000](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Commonwealth gene technology laws means—\n> > \n> > > (a) the Commonwealth Gene Technology Act, and\n> > \n> > > (b) the Commonwealth Licence Charges Act, and\n> > \n> > > (c) all regulations, guidelines, principles, standards and codes of practice in force under either of those Acts.\n> > \n> > Commonwealth Licence Charges Act means the [Gene Technology (Licence Charges) Act 2000](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Commonwealth Regulator means the Gene Technology Regulator appointed under the Commonwealth Gene Technology Act.\n> > \n> > function includes duty.\n> \n> > (2) If an expression is defined in the Commonwealth Gene Technology Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.\n> \n> > (3) In this Act, a reference to a Commonwealth Act includes a reference to—\n> > \n> > > (a) that Commonwealth Act, as amended and in force for the time being, and\n> > \n> > > (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\n> \n> **s 4:** Am 2007 No 86, Sch 2 \\[1\\] \\[2\\]; 2025 No 38, Sch 1.8\\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"The applied provisions","content":"# Part 2 The applied provisions\n\nPart 2 The applied provisions","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of Commonwealth gene technology laws to this State","content":"#### 5 Application of Commonwealth gene technology laws to this State\n\n5 Application of Commonwealth gene technology laws to this State\n\n> > (1) The Commonwealth gene technology laws, as in force for the time being, apply as a law of this State.\n> \n> > (2) Those Commonwealth gene technology laws so apply as if they extended to matters in relation to which this State may make laws—\n> > \n> > > (a) whether or not the Commonwealth may make laws in relation to those matters, and\n> > \n> > > (b) even though the Commonwealth gene technology laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.\n> \n> **s 5:** Am 2007 No 86, Sch 2 \\[3\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6 (Repealed)","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation of Commonwealth gene technology laws","content":"#### 7 Interpretation of Commonwealth gene technology laws\n\n7 Interpretation of Commonwealth gene technology laws\n\n> > (1) The [Acts Interpretation Act 1901](http://www.legislation.gov.au/) of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions. That Act so applies as if the applied provisions were a Commonwealth Act or were regulations or other instruments under a Commonwealth Act, as the case requires.\n> \n> > (2) The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) of New South Wales does not apply to the applied provisions.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and powers under applied provisions","content":"# Part 3 Functions and powers under applied provisions\n\nPart 3 Functions and powers under applied provisions","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Functions and powers of Commonwealth Regulator and other authorities and officers","content":"#### 8 Functions and powers of Commonwealth Regulator and other authorities and officers\n\n8 Functions and powers of Commonwealth Regulator and other authorities and officers\n\n> The Commonwealth Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth gene technology laws, as those laws apply to the Commonwealth.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Delegations by the Commonwealth Regulator","content":"#### 9 Delegations by the Commonwealth Regulator\n\n9 Delegations by the Commonwealth Regulator\n\n> Any delegation by the Commonwealth Regulator under the Commonwealth Gene Technology Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Offences","content":"# Part 4 Offences\n\nPart 4 Offences","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Object of this Part","content":"#### 10 Object of this Part\n\n10 Object of this Part\n\n> > (1) The object of this Part is to further the object of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.\n> \n> > (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—\n> > \n> > > (a) the investigation and prosecution of offences, and\n> > \n> > > (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and\n> > \n> > > (c) proceedings relating to a matter referred to in paragraph (a) or (b), and\n> > \n> > > (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and\n> > \n> > > (e) the sentencing, punishment and release of persons convicted of offences, and\n> > \n> > > (f) fines, penalties and forfeitures, and\n> > \n> > > (g) liability to make reparation in connection with offences, and\n> > \n> > > (h) proceeds of crime, and\n> > \n> > > (i) spent convictions.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"#### 11 Application of Commonwealth criminal laws to offences against applied provisions\n\n11 Application of Commonwealth criminal laws to offences against applied provisions\n\n> > (1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.\n> \n> > (2) For the purposes of a law of this State, an offence against the applied provisions—\n> > \n> > > (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be an offence against the laws of this State.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"#### 12 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n12 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n> > (1) A Commonwealth law applying because of section 11 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth gene technology laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.\n> \n> > (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth gene technology laws.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"#### 13 No double jeopardy for offences against applied provisions\n\n13 No double jeopardy for offences against applied provisions\n\n> If—\n> \n> > (a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth gene technology laws, and\n> \n> > (b) the offender has been punished for that offence under those Commonwealth laws,\n> \n> the offender is not liable to be punished for the offence under the applied provisions.","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Administrative laws","content":"# Part 5 Administrative laws\n\nPart 5 Administrative laws","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied provisions","content":"#### 14 Application of Commonwealth administrative laws to applied provisions\n\n14 Application of Commonwealth administrative laws to applied provisions\n\n> > (1) The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.\n> \n> > (2) For the purposes of a law of this State, a matter arising in relation to the applied provisions—\n> > \n> > > (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be a matter arising in relation to laws of this State.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.\n> \n> > (4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.\n> \n> > (5) For this section, a reference in a provision of the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/) of the Commonwealth, as the provision applies as a law of this jurisdiction, to the whole or a part of that Act, Part 7 is taken to be a reference to the whole or a part of that Act, Part 7 as it has effect as a law of the Commonwealth.\n> \n> **s 14:** Am 2025 No 38, Sch 1.8\\[2\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"#### 15 Functions and powers conferred on Commonwealth officers and authorities\n\n15 Functions and powers conferred on Commonwealth officers and authorities\n\n> > (1) A Commonwealth administrative law applying because of section 14 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.\n> \n> > (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Act to bind Crown","content":"#### 16 Act to bind Crown\n\n16 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Things done for multiple purposes","content":"#### 17 Things done for multiple purposes\n\n17 Things done for multiple purposes\n\n> The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth gene technology laws.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"#### 18 Reference in Commonwealth law to a provision of another law\n\n18 Reference in Commonwealth law to a provision of another law\n\n> For the purposes of sections 11 and 14, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of that section.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Fees and other money","content":"#### 19 Fees and other money\n\n19 Fees and other money\n\n> All fees, penalties, fines and other money that, under this Act and the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"#### 20 Regulations\n\n20 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21 (Repealed)","sortOrder":27}],"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have maintained its original purpose of applying the national gene technology cooperative scheme within NSW. While it has been amended several times (2008, 2012, and 2025), there is no indication from the available text that the scope shifted significantly from its original intent of mirroring Commonwealth gene technology regulation at the state level."},"complexity_factors":["Cooperative federalism structure — understanding the Act requires familiarity with how state and Commonwealth legislation interact, which is not intuitive for most people","The Act itself is largely a conduit to the federal Gene Technology Act 2000, meaning the substantive rules are found elsewhere and must be read alongside this Act","Gene technology as a subject matter involves scientific concepts that can be difficult for laypeople to understand","Multiple amendments over time (2008, 2012, 2025) mean the current version may differ meaningfully from the original, requiring attention to version history","Limited substantive content visible in the extract — the actual operative provisions are not displayed, adding uncertainty about specific obligations"],"plain_english_summary":"This Act makes New South Wales part of Australia’s national gene technology scheme, adopting the federal rules for genetically modified organisms rather than creating a separate state system. It means researchers, farmers, biotech companies, regulators and the public in NSW must follow the same licensing, safety and oversight framework governed nationally, ensuring the Office of the Gene Technology Regulator can operate and enforce consistent standards across NSW."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of adopting uniform Commonwealth gene technology regulation. The 2025 amendment updating the reference from the Administrative Appeals Tribunal Act 1975 to the Administrative Review Tribunal Act 2024 is a machinery change reflecting federal administrative law reform, not an expansion of scope. The Act continues to perform its narrow function of 'hosting' federal GMO law within the NSW statute book."},"complexity_factors":["Heavy reliance on external legislation — the Act's substantive content is entirely contained in referenced Commonwealth statutes (Gene Technology Act 2000, Gene Technology (Licence Charges) Act 2000, and associated instruments)","Complex intergovernmental machinery provisions requiring state courts and officers to apply Commonwealth criminal and administrative law procedures","Nested definitions importing meanings from the Commonwealth Gene Technology Act (section 4(2))","Conditional application of Commonwealth administrative laws with specific exclusions (section 14(4) removes federal court jurisdiction; section 14(5) preserves Part 7 of the Administrative Review Tribunal Act for Commonwealth purposes only)","Double jeopardy protection requiring cross-referencing between state and Commonwealth offences (section 13)","Multiple amendment notes indicating evolving references (notably 2025 amendment updating from Administrative Appeals Tribunal to Administrative Review Tribunal Act 2024)"],"plain_english_summary":"This law brings Commonwealth (federal) rules about genetically modified organisms (GMOs) into force in New South Wales. Instead of writing its own separate GMO laws, NSW 'borrows' the federal Gene Technology Act 2000 and makes it apply as if it were state law.\n\n**What it does:**\n- **Adopts federal law:** The Commonwealth's gene technology laws automatically apply in NSW, including all regulations, guidelines, and codes of practice made under those laws.\n- **Creates one national system:** The federal Gene Technology Regulator oversees GMOs across Australia, including in NSW, so there's no separate state regulator.\n- **Treats offences as federal crimes:** If someone breaks these GMO laws in NSW, they're dealt with under Commonwealth criminal procedures (investigation, prosecution, sentencing) rather than standard NSW criminal processes.\n- **Applies federal administrative review:** Decisions made under these laws can be reviewed using federal processes — including appeals to the Administrative Review Tribunal (formerly the AAT), Freedom of Information requests, and complaints to the Commonwealth Ombudsman.\n- **Money goes to Canberra:** Any fees, fines, or penalties collected under this law are paid to the Commonwealth, not the NSW Government.\n\n**Who it affects:**\n- Anyone working with GMOs in NSW (researchers, farmers, biotech companies)\n- The federal Gene Technology Regulator and their delegates\n- NSW courts and law enforcement (who must apply Commonwealth criminal procedures for offences)\n\n**Why it matters:**\nThis is a 'mirror' or 'application' law — a common technique in Australian federalism where states voluntarily adopt federal legislation to create uniform national regulation. It avoids the complexity of having different GMO rules in every state while keeping the constitutional arrangement that states regulate GMOs within their borders."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act deliberately expands the territorial and functional reach of Commonwealth gene technology laws within NSW by applying them as State law and treating NSW matters as if they were Commonwealth matters (s5(1)–(2)). It therefore alters the practical scope of regulation compared with relying solely on the Commonwealth Acts, by importing Commonwealth criminal and administrative regimes into NSW (s11; s14) and directing financial flows to the Commonwealth (s19)."},"complexity_factors":["Cross-jurisdictional incorporation: Commonwealth gene technology laws apply as State law, including future amendments and substituted Acts (s5(1); s4(3)).","Extended scope: Applied laws are taken to cover matters NSW may legislate, even where Commonwealth head of power differs (s5(2)).","Criminal/administrative overlay: Commonwealth criminal and administrative regimes apply to offences and matters under the applied provisions, with specified limits (s11; s14).","Interpretation and exclusions: Commonwealth Acts Interpretation Act applies to the applied provisions while the NSW Interpretation Act does not (s7(1)–(2)).","Delegation and continuity: Delegations and functions of the Commonwealth Regulator and officers operate for NSW under the applied provisions (s8; s9; s12; s15).","Revenue routing: All fees, fines and penalties authorised under the applied provisions are payable to the Commonwealth (s19).","Jurisdictional carve-outs: Certain Commonwealth administrative provisions purporting to confer federal jurisdiction are taken not to have that effect (s14(4)).","Crown binding and multi-purpose recognition: Act binds the Crown and preserves validity where instruments serve both Commonwealth and State purposes (s16; s17)."],"plain_english_summary":"This Act makes the Commonwealth Gene Technology Act 2000 and the Gene Technology (Licence Charges) Act 2000 operate in New South Wales as if they were state law, so the Commonwealth Gene Technology Regulator and associated Commonwealth administrative and criminal frameworks apply to NSW matters (s3, s5, s8, s11, s14). It sends fees and penalties to the Commonwealth and keeps Commonwealth interpretation, delegation and administrative rules in force for NSW (s7, s9, s19), affecting licence-holders, researchers, regulators and enforcement agencies."}},"importantCases":[],"_links":{"self":"/api/acts/gene-technology-new-south-wales-act-2003","history":"/api/acts/gene-technology-new-south-wales-act-2003/history","analysis":"/api/acts/gene-technology-new-south-wales-act-2003/analysis","conflicts":"/api/acts/gene-technology-new-south-wales-act-2003/conflicts","importantCases":"/api/acts/gene-technology-new-south-wales-act-2003/important-cases","documents":"/api/acts/gene-technology-new-south-wales-act-2003/documents"}}