{"id":"qld:act-2016-054","name":"Gene Technology (Queensland) Act 2016","slug":"gene-technology-queensland-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"54 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29636,"registerId":"qld-act-2016-054-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Gene Technology (Queensland) Act 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose of Act","content":"### sec.3 Purpose of Act\n\nThe purpose of this Act is to—\nprotect the health and safety of people, and to protect the environment, by identifying risks posed by, or as a result of, gene technology; and\nmanage those risks through regulating certain dealings with genetically modified organisms.\nThe purpose is achieved by—\napplying the Commonwealth gene technology laws, as modified under this Act, as laws of Queensland; and\nmaking provision to help ensure the Commonwealth gene technology laws and applied provisions are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.\n(sec.3-ssec.1) The purpose of this Act is to— protect the health and safety of people, and to protect the environment, by identifying risks posed by, or as a result of, gene technology; and manage those risks through regulating certain dealings with genetically modified organisms.\n(sec.3-ssec.2) The purpose is achieved by— applying the Commonwealth gene technology laws, as modified under this Act, as laws of Queensland; and making provision to help ensure the Commonwealth gene technology laws and applied provisions are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.\n- (a) protect the health and safety of people, and to protect the environment, by identifying risks posed by, or as a result of, gene technology; and\n- (b) manage those risks through regulating certain dealings with genetically modified organisms.\n- (a) applying the Commonwealth gene technology laws, as modified under this Act, as laws of Queensland; and\n- (b) making provision to help ensure the Commonwealth gene technology laws and applied provisions are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.\n(sec.4-ssec.1) This Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Interpretation","content":"### sec.5 Interpretation\n\nIn this Act—\napplied provisions means the Commonwealth gene technology laws that apply as laws of this State because of section 6 , including any modifications of those laws under section 7 .\nCommonwealth administrative laws means the following Acts and any regulations in force under those Acts—\nthe Administrative Review Tribunal Act 2024 (Cwlth) , excluding part 7 ;\nthe Freedom of Information Act 1982 (Cwlth) ;\nthe Ombudsman Act 1976 (Cwlth) ;\nthe Privacy Act 1988 (Cwlth) .\nCommonwealth Gene Technology Act means the Gene Technology Act 2000 (Cwlth) .\nCommonwealth gene technology laws means—\nthe Commonwealth Gene Technology Act ; and\nthe Commonwealth Licence Charges Act ; and\nall regulations, guidelines, principles, standards and codes of practice in force under an Act mentioned in paragraph (a) or (b) .\nCommonwealth Licence Charges Act means the Gene Technology (Licence Charges) Act 2000 (Cwlth) .\nCommonwealth regulator means the Gene Technology Regulator appointed under the Commonwealth Gene Technology Act .\nTerms used in this Act and also in the Commonwealth Gene Technology Act have the same meanings in this Act as the terms have in the Commonwealth Act.\nHowever, subsection (2) does not apply to the extent the context or subject matter of this Act otherwise indicates or requires.\ns 5 amd 2024 No. 47 s 78 sch 2\n(sec.5-ssec.1) In this Act— applied provisions means the Commonwealth gene technology laws that apply as laws of this State because of section 6 , including any modifications of those laws under section 7 . Commonwealth administrative laws means the following Acts and any regulations in force under those Acts— the Administrative Review Tribunal Act 2024 (Cwlth) , excluding part 7 ; the Freedom of Information Act 1982 (Cwlth) ; the Ombudsman Act 1976 (Cwlth) ; the Privacy Act 1988 (Cwlth) . Commonwealth Gene Technology Act means the Gene Technology Act 2000 (Cwlth) . Commonwealth gene technology laws means— the Commonwealth Gene Technology Act ; and the Commonwealth Licence Charges Act ; and all regulations, guidelines, principles, standards and codes of practice in force under an Act mentioned in paragraph (a) or (b) . Commonwealth Licence Charges Act means the Gene Technology (Licence Charges) Act 2000 (Cwlth) . Commonwealth regulator means the Gene Technology Regulator appointed under the Commonwealth Gene Technology Act .\n(sec.5-ssec.2) Terms used in this Act and also in the Commonwealth Gene Technology Act have the same meanings in this Act as the terms have in the Commonwealth Act.\n(sec.5-ssec.3) However, subsection (2) does not apply to the extent the context or subject matter of this Act otherwise indicates or requires.\n- (a) the Administrative Review Tribunal Act 2024 (Cwlth) , excluding part 7 ;\n- (b) the Freedom of Information Act 1982 (Cwlth) ;\n- (c) the Ombudsman Act 1976 (Cwlth) ;\n- (d) the Privacy Act 1988 (Cwlth) .\n- (a) the Commonwealth Gene Technology Act ; and\n- (b) the Commonwealth Licence Charges Act ; and\n- (c) all regulations, guidelines, principles, standards and codes of practice in force under an Act mentioned in paragraph (a) or (b) .","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Applied provisions","content":"# Applied provisions","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of Commonwealth gene technology laws","content":"### sec.6 Application of Commonwealth gene technology laws\n\nThe Commonwealth gene technology laws, as modified under this Act—\napply as laws of Queensland; and\napply as if the laws extend to matters in relation to which this State may make laws—\nwhether or not the Commonwealth may make laws in relation to those matters; and\neven though the Commonwealth gene technology laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.\n- (a) apply as laws of Queensland; and\n- (b) apply as if the laws extend to matters in relation to which this State may make laws— (i) whether or not the Commonwealth may make laws in relation to those matters; and (ii) 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- (i) whether or not the Commonwealth may make laws in relation to those matters; and\n- (ii) 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- (i) whether or not the Commonwealth may make laws in relation to those matters; and\n- (ii) even though the Commonwealth gene technology laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Modification of Commonwealth gene technology laws","content":"### sec.7 Modification of Commonwealth gene technology laws\n\nA regulation may modify the Commonwealth gene technology laws for the purposes of this Act.\nWithout limiting subsection (1) , a regulation may provide that the Commonwealth gene technology laws apply under section 6 as if an amendment to the Commonwealth gene technology laws, made by a law of the Commonwealth and stated in the regulation, had not taken effect.\n(sec.7-ssec.1) A regulation may modify the Commonwealth gene technology laws for the purposes of this Act.\n(sec.7-ssec.2) Without limiting subsection (1) , a regulation may provide that the Commonwealth gene technology laws apply under section 6 as if an amendment to the Commonwealth gene technology laws, made by a law of the Commonwealth and stated in the regulation, had not taken effect.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Interpretation of Commonwealth gene technology laws","content":"### sec.8 Interpretation of Commonwealth gene technology laws\n\nThe Acts Interpretation Act 1901 (Cwlth) applies—\nas a law of this State in relation to the interpretation of the applied provisions; and\nas if the applied provisions were a Commonwealth Act, or a regulation or other instrument under a Commonwealth Act.\nThe Acts Interpretation Act 1954 and the Statutory Instruments Act 1992 do not apply in relation to the interpretation of the applied provisions.\n(sec.8-ssec.1) The Acts Interpretation Act 1901 (Cwlth) applies— as a law of this State in relation to the interpretation of the applied provisions; and as if the applied provisions were a Commonwealth Act, or a regulation or other instrument under a Commonwealth Act.\n(sec.8-ssec.2) The Acts Interpretation Act 1954 and the Statutory Instruments Act 1992 do not apply in relation to the interpretation of the applied provisions.\n- (a) as a law of this State in relation to the interpretation of the applied provisions; and\n- (b) as if the applied provisions were a Commonwealth Act, or a regulation or other instrument under a Commonwealth Act.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Functions and powers under applied provisions","content":"# Functions and powers under applied provisions","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions and powers of Commonwealth regulator and other authorities and officers","content":"### sec.9 Functions and powers of Commonwealth regulator and other authorities and officers\n\nThe Commonwealth regulator and other authorities and officers mentioned 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.\nSubsection (1) is subject to any modifications to the Commonwealth gene technology laws made under section 7 .\n(sec.9-ssec.1) The Commonwealth regulator and other authorities and officers mentioned 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.\n(sec.9-ssec.2) Subsection (1) is subject to any modifications to the Commonwealth gene technology laws made under section 7 .","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Delegations by Commonwealth regulator","content":"### sec.10 Delegations by Commonwealth regulator\n\nA 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":"pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Object of part","content":"### sec.11 Object of part\n\nThe object of this part is to further the purpose 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.\nThe purposes for which an offence is to be treated as mentioned in subsection (1) include, for example, the following—\nthe investigation and prosecution of offences;\nthe arrest, custody, bail, trial and conviction of offenders or persons charged with offences;\nproceedings relating to a matter mentioned in paragraph (a) or (b) ;\nappeals and reviews relating to criminal proceedings and to proceedings mentioned in paragraph (c) ;\nthe sentencing, punishment and release of persons convicted of offences;\nfines, penalties and forfeitures;\nliability to make reparation in connection with offences;\nproceeds of crime;\nspent convictions.\n(sec.11-ssec.1) The object of this part is to further the purpose 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(sec.11-ssec.2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example, the following— the investigation and prosecution of offences; the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; proceedings relating to a matter mentioned in paragraph (a) or (b) ; appeals and reviews relating to criminal proceedings and to proceedings mentioned in paragraph (c) ; the sentencing, punishment and release of persons convicted of offences; fines, penalties and forfeitures; liability to make reparation in connection with offences; proceeds of crime; spent convictions.\n- (a) the investigation and prosecution of offences;\n- (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences;\n- (c) proceedings relating to a matter mentioned in paragraph (a) or (b) ;\n- (d) appeals and reviews relating to criminal proceedings and to proceedings mentioned in paragraph (c) ;\n- (e) the sentencing, punishment and release of persons convicted of offences;\n- (f) fines, penalties and forfeitures;\n- (g) liability to make reparation in connection with offences;\n- (h) proceeds of crime;\n- (i) spent convictions.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"### sec.12 Application of Commonwealth criminal laws to offences against applied provisions\n\nThe relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of this State.\nthe Crimes Act 1914 (Cwlth)\nthe Criminal Code Act 1995 (Cwlth)\nthe Director of Public Prosecutions Act 1983 (Cwlth)\nthe Judiciary Act 1903 (Cwlth)\nFor a law of this State, an offence against the applied provisions—\nis taken to be an offence against the laws of the Commonwealth, in the same way as if the applied provisions were a law of the Commonwealth; and\nis taken not to be an offence against the laws of this State.\nSubsection (2) has effect for a law of this State, other than as prescribed by regulation.\n(sec.12-ssec.1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of this State. the Crimes Act 1914 (Cwlth) the Criminal Code Act 1995 (Cwlth) the Director of Public Prosecutions Act 1983 (Cwlth) the Judiciary Act 1903 (Cwlth)\n(sec.12-ssec.2) For a law of this State, an offence against the applied provisions— is taken to be an offence against the laws of the Commonwealth, in the same way as if the applied provisions were a law of the Commonwealth; and is taken not to be an offence against the laws of this State.\n(sec.12-ssec.3) Subsection (2) has effect for a law of this State, other than as prescribed by regulation.\n- • the Crimes Act 1914 (Cwlth)\n- • the Criminal Code Act 1995 (Cwlth)\n- • the Director of Public Prosecutions Act 1983 (Cwlth)\n- • the Judiciary Act 1903 (Cwlth)\n- (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if the applied provisions were a law of the Commonwealth; and\n- (b) is taken not to be an offence against the laws of this State.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"### sec.13 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\nA Commonwealth law applying because of section 12 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.\nIn 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.\n(sec.13-ssec.1) A Commonwealth law applying because of section 12 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(sec.13-ssec.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":"sec.14","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"### sec.14 No double jeopardy for offences against applied provisions\n\nThis section applies if—\nan act or omission is an offence against both the applied provisions and the Commonwealth gene technology laws; and\nthe offender has been punished for the offence under the Commonwealth gene technology laws.\nThe offender must not be prosecuted or punished under the applied provisions for the offence.\n(sec.14-ssec.1) This section applies if— an act or omission is an offence against both the applied provisions and the Commonwealth gene technology laws; and the offender has been punished for the offence under the Commonwealth gene technology laws.\n(sec.14-ssec.2) The offender must not be prosecuted or punished under the applied provisions for the offence.\n- (a) an act or omission is an offence against both the applied provisions and the Commonwealth gene technology laws; and\n- (b) the offender has been punished for the offence under the Commonwealth gene technology laws.","sortOrder":17},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administrative laws","content":"# Administrative laws","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied provisions","content":"### sec.15 Application of Commonwealth administrative laws to applied provisions\n\nThe Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of this State.\nA 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.\nFor this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\ns 15 amd 2024 No. 47 s 78 sch 2\n(sec.15-ssec.1) The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of this State.\n(sec.15-ssec.2) A 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(sec.15-ssec.3) For this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### sec.16 Exclusion of legislation of this jurisdiction\n\nThe following Acts of this jurisdiction do not apply to the applied provisions—\nthe Auditor-General Act 2009 ;\nthe Financial Accountability Act 2009 ;\nthe Information Privacy Act 2009 ;\nthe Ombudsman Act 2001 ;\nthe Public Records Act 2023 ;\nthe Public Sector Ethics Act 1994 ;\nthe Public Sector Act 2022 ;\nthe Right to Information Act 2009 ;\nthe Statutory Bodies Financial Arrangements Act 1982 .\nHowever, if an entity of the State, other than the Commonwealth regulator, is exercising functions under the applied provisions, the Acts mentioned in subsection (1) apply to the entity.\ns 16 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 33 s 107 sch 4\n(sec.16-ssec.1) The following Acts of this jurisdiction do not apply to the applied provisions— the Auditor-General Act 2009 ; the Financial Accountability Act 2009 ; the Information Privacy Act 2009 ; the Ombudsman Act 2001 ; the Public Records Act 2023 ; the Public Sector Ethics Act 1994 ; the Public Sector Act 2022 ; the Right to Information Act 2009 ; the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.16-ssec.2) However, if an entity of the State, other than the Commonwealth regulator, is exercising functions under the applied provisions, the Acts mentioned in subsection (1) apply to the entity.\n- (a) the Auditor-General Act 2009 ;\n- (b) the Financial Accountability Act 2009 ;\n- (c) the Information Privacy Act 2009 ;\n- (d) the Ombudsman Act 2001 ;\n- (e) the Public Records Act 2023 ;\n- (f) the Public Sector Ethics Act 1994 ;\n- (g) the Public Sector Act 2022 ;\n- (h) the Right to Information Act 2009 ;\n- (i) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"### sec.17 Functions and powers conferred on Commonwealth officers and authorities\n\nA Commonwealth administrative law applying because of section 15 and conferring 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.\nIn 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.\n(sec.17-ssec.1) A Commonwealth administrative law applying because of section 15 and conferring 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(sec.17-ssec.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":21},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Things done for multiple purposes","content":"### sec.18 Things done for multiple purposes\n\nThe validity of a licence, certificate or other thing issued, given or done for the applied provisions is not affected only because it was issued, given or done also for the Commonwealth gene technology laws.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"### sec.19 Reference in Commonwealth law to a provision of another law\n\nFor sections 12 and 15 , a reference in a Commonwealth law to a provision of that law or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Fees and other money","content":"### sec.20 Fees and other money\n\nAll 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 a person, other than an amount ordered to be refunded to another person, must be paid to the Commonwealth.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Tabling amendments of particular Commonwealth Acts","content":"### sec.21 Tabling amendments of particular Commonwealth Acts\n\nThe Minister must table a copy of an amendment of any of the following in the Legislative Assembly within 10 sitting days from the day on which the amendment commences—\nthe Commonwealth Gene Technology Act ;\nthe Commonwealth Licence Charges Act ;\na regulation under an Act mentioned in paragraph (a) or (b) .\nThis section does not affect the operation of an amendment of the Commonwealth Gene Technology Act or the Commonwealth Licence Charges Act .\n(sec.21-ssec.1) The Minister must table a copy of an amendment of any of the following in the Legislative Assembly within 10 sitting days from the day on which the amendment commences— the Commonwealth Gene Technology Act ; the Commonwealth Licence Charges Act ; a regulation under an Act mentioned in paragraph (a) or (b) .\n(sec.21-ssec.2) This section does not affect the operation of an amendment of the Commonwealth Gene Technology Act or the Commonwealth Licence Charges Act .\n- (a) the Commonwealth Gene Technology Act ;\n- (b) the Commonwealth Licence Charges Act ;\n- (c) a regulation under an Act mentioned in paragraph (a) or (b) .","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Regulation-making power","content":"### sec.22 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":27},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Repeal","content":"### sec.23 Repeal\n\nThe Gene Technology Act 2001 , No. 68 is repealed.","sortOrder":29},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for repeal of Gene Technology Act 2001","content":"# Transitional provisions for repeal of Gene Technology Act 2001","sortOrder":30},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Definitions for part","content":"### sec.24 Definitions for part\n\nIn this part—\nexisting GMO licence means a GMO licence given under the repealed Act, section 55 that is in force immediately before the commencement.\nrepealed Act means the repealed Gene Technology Act 2001 .","sortOrder":32},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Provision for offences","content":"## Provision for offences","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Offences committed before commencement","content":"### sec.25 Offences committed before commencement\n\nThis section applies to an offence by a person against the repealed Act for which investigations or proceedings had not been conducted, taken or completed before the repeal.\nThe investigations and proceedings may be conducted, taken or continued against the person, and the person may be punished, as if the repeal had not happened.\n(sec.25-ssec.1) This section applies to an offence by a person against the repealed Act for which investigations or proceedings had not been conducted, taken or completed before the repeal.\n(sec.25-ssec.2) The investigations and proceedings may be conducted, taken or continued against the person, and the person may be punished, as if the repeal had not happened.","sortOrder":34},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Provisions for licensing system","content":"## Provisions for licensing system","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Continuing effect of existing GMO licences","content":"### sec.26 Continuing effect of existing GMO licences\n\nAn existing GMO licence continues as a GMO licence under the applied provisions.\nFor this Act and the applied provisions, an existing GMO licence—\nis taken to have had effect on the day the licence had effect under the repealed Act; and\nis subject to—\nthe conditions mentioned in the repealed Act, section 61; and\nany conditions imposed by the Commonwealth regulator under the applied provisions.\n(sec.26-ssec.1) An existing GMO licence continues as a GMO licence under the applied provisions.\n(sec.26-ssec.2) For this Act and the applied provisions, an existing GMO licence— is taken to have had effect on the day the licence had effect under the repealed Act; and is subject to— the conditions mentioned in the repealed Act, section 61; and any conditions imposed by the Commonwealth regulator under the applied provisions.\n- (a) is taken to have had effect on the day the licence had effect under the repealed Act; and\n- (b) is subject to— (i) the conditions mentioned in the repealed Act, section 61; and (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.\n- (i) the conditions mentioned in the repealed Act, section 61; and\n- (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.\n- (i) the conditions mentioned in the repealed Act, section 61; and\n- (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Licence applications under repealed Act","content":"### sec.27 Licence applications under repealed Act\n\nThis section applies to an application for a GMO licence made, or taken to have been made, under the repealed Act, part 5, division 2, but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nIf a GMO licence is given under the repealed Act, section 55 in relation to the application, the GMO licence is taken to be a GMO licence given under the applied provisions.\n(sec.27-ssec.1) This section applies to an application for a GMO licence made, or taken to have been made, under the repealed Act, part 5, division 2, but not decided, before the commencement.\n(sec.27-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.27-ssec.3) If a GMO licence is given under the repealed Act, section 55 in relation to the application, the GMO licence is taken to be a GMO licence given under the applied provisions.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Continuing application of repealed Act, s 67","content":"### sec.28 Continuing application of repealed Act, s 67\n\nThe repealed Act, section 67 continues to apply to a person who, before the commencement, gave information to the Commonwealth regulator under section 65 , 66 or 72D (2) (h) of that Act.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notices about cancellation, suspension, transfer or variation of existing GMO licences under repealed Act","content":"### sec.29 Notices about cancellation, suspension, transfer or variation of existing GMO licences under repealed Act\n\nThis section applies to any of the following notices in force under the repealed Act immediately before the commencement—\na notice given under the repealed Act, section 68 suspending an existing GMO licence;\na notice given under the repealed Act, section 70 approving the transfer of an existing GMO licence to another person;\na notice given under the repealed Act, section 72 about a proposal to cancel, suspend or vary an existing GMO licence.\nThe notice continues in effect as if it had been given under the corresponding provision of the applied provisions.\n(sec.29-ssec.1) This section applies to any of the following notices in force under the repealed Act immediately before the commencement— a notice given under the repealed Act, section 68 suspending an existing GMO licence; a notice given under the repealed Act, section 70 approving the transfer of an existing GMO licence to another person; a notice given under the repealed Act, section 72 about a proposal to cancel, suspend or vary an existing GMO licence.\n(sec.29-ssec.2) The notice continues in effect as if it had been given under the corresponding provision of the applied provisions.\n- (a) a notice given under the repealed Act, section 68 suspending an existing GMO licence;\n- (b) a notice given under the repealed Act, section 70 approving the transfer of an existing GMO licence to another person;\n- (c) a notice given under the repealed Act, section 72 about a proposal to cancel, suspend or vary an existing GMO licence.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Applications to transfer existing GMO licences under repealed Act","content":"### sec.30 Applications to transfer existing GMO licences under repealed Act\n\nThis section applies to an application made under the repealed Act, section 70, but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nIf a notice is given under the repealed Act, section 70, approving the application, the notice is taken to have been given under the corresponding provision of the applied provisions.\n(sec.30-ssec.1) This section applies to an application made under the repealed Act, section 70, but not decided, before the commencement.\n(sec.30-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.30-ssec.3) If a notice is given under the repealed Act, section 70, approving the application, the notice is taken to have been given under the corresponding provision of the applied provisions.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Applications to vary existing GMO licences under repealed Act","content":"### sec.31 Applications to vary existing GMO licences under repealed Act\n\nThis section applies to an application made under the repealed Act, section 71, but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act, other than section 71(2B) of the repealed Act, continues to apply as if this Act had not commenced.\nThe Commonwealth regulator must not vary the licence the subject of the application unless satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by—\nthe risk assessment and risk management plan in respect of the original application for the licence; or\nthe risk assessment and risk management plan in respect of an application for another licence, but only if the other licence was given.\nIf a notice is given under the repealed Act, section 71, approving the application, the notice is taken to have been given under the corresponding provision of the applied provisions.\n(sec.31-ssec.1) This section applies to an application made under the repealed Act, section 71, but not decided, before the commencement.\n(sec.31-ssec.2) For dealing with and deciding the application, the repealed Act, other than section 71(2B) of the repealed Act, continues to apply as if this Act had not commenced.\n(sec.31-ssec.3) The Commonwealth regulator must not vary the licence the subject of the application unless satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by— the risk assessment and risk management plan in respect of the original application for the licence; or the risk assessment and risk management plan in respect of an application for another licence, but only if the other licence was given.\n(sec.31-ssec.4) If a notice is given under the repealed Act, section 71, approving the application, the notice is taken to have been given under the corresponding provision of the applied provisions.\n- (a) the risk assessment and risk management plan in respect of the original application for the licence; or\n- (b) the risk assessment and risk management plan in respect of an application for another licence, but only if the other licence was given.","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Continuation of restrictions on varying particular GMO licences","content":"### sec.32 Continuation of restrictions on varying particular GMO licences\n\nThis section applies to a GMO licence given under the repealed Act before or after the commencement.\nThe repealed Act, section 71(2) and (2A) continues to apply to a variation of the GMO licence.\n(sec.32-ssec.1) This section applies to a GMO licence given under the repealed Act before or after the commencement.\n(sec.32-ssec.2) The repealed Act, section 71(2) and (2A) continues to apply to a variation of the GMO licence.","sortOrder":42},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Provisions for GMO register","content":"## Provisions for GMO register","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Continuing effect of determinations under repealed Act, s 78 or 80","content":"### sec.33 Continuing effect of determinations under repealed Act, s 78 or 80\n\nA determination made under the repealed Act, section 78(1) or 80(1), and in force immediately before the commencement, continues to have effect as if it had been made under the corresponding provision of the applied provisions.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Applications for determinations under repealed Act, s 78","content":"### sec.34 Applications for determinations under repealed Act, s 78\n\nThis section applies to an application for a determination made under the repealed Act, section 78(2)(a), but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nIf a determination is made under the repealed Act, section 78(1) in relation to the application, the determination is taken to be a determination made under the corresponding provision of the applied provisions.\n(sec.34-ssec.1) This section applies to an application for a determination made under the repealed Act, section 78(2)(a), but not decided, before the commencement.\n(sec.34-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.34-ssec.3) If a determination is made under the repealed Act, section 78(1) in relation to the application, the determination is taken to be a determination made under the corresponding provision of the applied provisions.","sortOrder":45},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Provisions for certification","content":"## Provisions for certification","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Continuing effect of certification under repealed Act, s 84","content":"### sec.35 Continuing effect of certification under repealed Act, s 84\n\nA certification given under the repealed Act, section 84, and in force immediately before the commencement—\ncontinues to have effect as if it had been given under the corresponding provision of the applied provisions; and\nis subject to—\nthe conditions mentioned in the repealed Act, section 86; and\nany conditions imposed by the Commonwealth regulator under the applied provisions.\n- (a) continues to have effect as if it had been given under the corresponding provision of the applied provisions; and\n- (b) is subject to— (i) the conditions mentioned in the repealed Act, section 86; and (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.\n- (i) the conditions mentioned in the repealed Act, section 86; and\n- (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.\n- (i) the conditions mentioned in the repealed Act, section 86; and\n- (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Applications for certification under repealed Act","content":"### sec.36 Applications for certification under repealed Act\n\nThis section applies to an application for certification made under the repealed Act, section 83, but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nIf certification is given under the repealed Act, section 84 in relation to the application, the certification is taken to be a certification given under the corresponding provision of the applied provisions.\n(sec.36-ssec.1) This section applies to an application for certification made under the repealed Act, section 83, but not decided, before the commencement.\n(sec.36-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.36-ssec.3) If certification is given under the repealed Act, section 84 in relation to the application, the certification is taken to be a certification given under the corresponding provision of the applied provisions.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Notices about cancellation, suspension, transfer or variation of certification under repealed Act","content":"### sec.37 Notices about cancellation, suspension, transfer or variation of certification under repealed Act\n\nThis section applies to any of the following notices in force under the repealed Act immediately before the commencement—\na notice given under the repealed Act, section 88 suspending a certification;\na notice given under the repealed Act, section 89 about a proposal to cancel, suspend or vary a certification;\na notice given under the repealed Act, section 89A approving the transfer of a certification to another person.\nThe notice continues in effect as if it had been given under the corresponding provision of the applied provisions.\n(sec.37-ssec.1) This section applies to any of the following notices in force under the repealed Act immediately before the commencement— a notice given under the repealed Act, section 88 suspending a certification; a notice given under the repealed Act, section 89 about a proposal to cancel, suspend or vary a certification; a notice given under the repealed Act, section 89A approving the transfer of a certification to another person.\n(sec.37-ssec.2) The notice continues in effect as if it had been given under the corresponding provision of the applied provisions.\n- (a) a notice given under the repealed Act, section 88 suspending a certification;\n- (b) a notice given under the repealed Act, section 89 about a proposal to cancel, suspend or vary a certification;\n- (c) a notice given under the repealed Act, section 89A approving the transfer of a certification to another person.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Applications to transfer certification under repealed Act","content":"### sec.38 Applications to transfer certification under repealed Act\n\nThis section applies to an application made under the repealed Act, section 89A(1), but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nIf a notice is given under the repealed Act, section 89A(4) approving the application, the notice is taken to have been given under the corresponding provision of the applied provisions.\n(sec.38-ssec.1) This section applies to an application made under the repealed Act, section 89A(1), but not decided, before the commencement.\n(sec.38-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.38-ssec.3) If a notice is given under the repealed Act, section 89A(4) approving the application, the notice is taken to have been given under the corresponding provision of the applied provisions.","sortOrder":50},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Provisions for accreditation","content":"## Provisions for accreditation","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Continuing effect of accreditation under repealed Act, s 92","content":"### sec.39 Continuing effect of accreditation under repealed Act, s 92\n\nAn accreditation given under the repealed Act, section 92, and in force immediately before the commencement—\ncontinues in effect as if it had been given under the corresponding provision of the applied provisions; and\nis subject to—\nthe conditions mentioned in the repealed Act, section 94; and\nany conditions imposed by the Commonwealth regulator under the applied provisions.\n- (a) continues in effect as if it had been given under the corresponding provision of the applied provisions; and\n- (b) is subject to— (i) the conditions mentioned in the repealed Act, section 94; and (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.\n- (i) the conditions mentioned in the repealed Act, section 94; and\n- (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.\n- (i) the conditions mentioned in the repealed Act, section 94; and\n- (ii) any conditions imposed by the Commonwealth regulator under the applied provisions.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Applications for accreditation under repealed Act","content":"### sec.40 Applications for accreditation under repealed Act\n\nThis section applies to an application for accreditation made under the repealed Act, section 91, but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nIf accreditation is given under the repealed Act, section 92 in relation to the application, the accreditation is taken to be an accreditation given under the corresponding provision of the applied provisions.\n(sec.40-ssec.1) This section applies to an application for accreditation made under the repealed Act, section 91, but not decided, before the commencement.\n(sec.40-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.40-ssec.3) If accreditation is given under the repealed Act, section 92 in relation to the application, the accreditation is taken to be an accreditation given under the corresponding provision of the applied provisions.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Notices about cancellation, suspension or variation of accreditation under repealed Act","content":"### sec.41 Notices about cancellation, suspension or variation of accreditation under repealed Act\n\nThis section applies to any of the following notices in force under the repealed Act immediately before the commencement—\na notice given under the repealed Act, section 96 suspending an accreditation;\na notice given under the repealed Act, section 97 about a proposal to cancel, suspend or vary an accreditation.\nThe notice continues in effect as if it had been given under the corresponding provision of the applied provisions.\n(sec.41-ssec.1) This section applies to any of the following notices in force under the repealed Act immediately before the commencement— a notice given under the repealed Act, section 96 suspending an accreditation; a notice given under the repealed Act, section 97 about a proposal to cancel, suspend or vary an accreditation.\n(sec.41-ssec.2) The notice continues in effect as if it had been given under the corresponding provision of the applied provisions.\n- (a) a notice given under the repealed Act, section 96 suspending an accreditation;\n- (b) a notice given under the repealed Act, section 97 about a proposal to cancel, suspend or vary an accreditation.","sortOrder":54},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":"Provisions about enforcement","content":"## Provisions about enforcement","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Continuing effect of directions under repealed Act, s 146","content":"### sec.42 Continuing effect of directions under repealed Act, s 146\n\nThis section applies to a direction given under the repealed Act, section 146 before the commencement, that is in effect immediately before the commencement.\nThe direction continues in effect as if it had been given under the corresponding provision of the applied provisions.\n(sec.42-ssec.1) This section applies to a direction given under the repealed Act, section 146 before the commencement, that is in effect immediately before the commencement.\n(sec.42-ssec.2) The direction continues in effect as if it had been given under the corresponding provision of the applied provisions.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Continuing application of repealed Act, s 147","content":"### sec.43 Continuing application of repealed Act, s 147\n\nSubsection (2) applies to an application made to the Supreme Court under the repealed Act, section 147, but not determined, before the commencement.\nThe Supreme Court may continue to determine the application under the repealed Act as if this Act had not commenced.\nSubsection (4) applies if, before the commencement a person—\nengaged in conduct that is an offence against the repealed Act; or\nrefused or failed to do a thing and the refusal or failure is an offence against the repealed Act.\nAn application for injunction may be made to the Supreme Court under the repealed Act, section 147 as if this Act had not commenced.\nIf the Supreme Court grants an injunction under the repealed Act before or after the commencement, section 147 (4) of that Act continues to apply to the injunction.\n(sec.43-ssec.1) Subsection (2) applies to an application made to the Supreme Court under the repealed Act, section 147, but not determined, before the commencement.\n(sec.43-ssec.2) The Supreme Court may continue to determine the application under the repealed Act as if this Act had not commenced.\n(sec.43-ssec.3) Subsection (4) applies if, before the commencement a person— engaged in conduct that is an offence against the repealed Act; or refused or failed to do a thing and the refusal or failure is an offence against the repealed Act.\n(sec.43-ssec.4) An application for injunction may be made to the Supreme Court under the repealed Act, section 147 as if this Act had not commenced.\n(sec.43-ssec.5) If the Supreme Court grants an injunction under the repealed Act before or after the commencement, section 147 (4) of that Act continues to apply to the injunction.\n- (a) engaged in conduct that is an offence against the repealed Act; or\n- (b) refused or failed to do a thing and the refusal or failure is an offence against the repealed Act.","sortOrder":57},{"sectionNumber":"pt.8-div.8","sectionType":"division","heading":"Provisions for powers of inspection","content":"## Provisions for powers of inspection","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Continuing effect of appointment of inspectors under repealed Act","content":"### sec.44 Continuing effect of appointment of inspectors under repealed Act\n\nAn appointment made under the repealed Act, section 150, and in effect immediately before the commencement, continues in effect as if it had been made under the corresponding provision of the applied provisions.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Continuing application of repealed Act, pt 11, div 9 to seized things","content":"### sec.45 Continuing application of repealed Act, pt 11, div 9 to seized things\n\nThis section applies to a thing seized under the repealed Act, part 11 before or after the commencement.\nThe repealed Act, part 11, division 9 continues to apply to the seizure, retention and disposal of the thing.\n(sec.45-ssec.1) This section applies to a thing seized under the repealed Act, part 11 before or after the commencement.\n(sec.45-ssec.2) The repealed Act, part 11, division 9 continues to apply to the seizure, retention and disposal of the thing.","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Continuing effect of warrants under repealed Act","content":"### sec.46 Continuing effect of warrants under repealed Act\n\nA warrant issued under the repealed Act, part 11, division 10, and in force immediately before the commencement, continues in effect as if it had been issued under the corresponding provision of the applied provisions.","sortOrder":61},{"sectionNumber":"pt.8-div.9","sectionType":"division","heading":"Provisions for review of decisions","content":"## Provisions for review of decisions","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Review of decisions made under repealed Act","content":"### sec.47 Review of decisions made under repealed Act\n\nA decision made under the repealed Act and mentioned in schedule 1, column 1 of that Act is taken to be a reviewable decision under the applied provisions.\nA person mentioned in the repealed Act, schedule 1, column 2 opposite a reviewable decision is taken to be an eligible person for the decision under the applied provisions.\n(sec.47-ssec.1) A decision made under the repealed Act and mentioned in schedule 1, column 1 of that Act is taken to be a reviewable decision under the applied provisions.\n(sec.47-ssec.2) A person mentioned in the repealed Act, schedule 1, column 2 opposite a reviewable decision is taken to be an eligible person for the decision under the applied provisions.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Applications for review under repealed Act","content":"### sec.48 Applications for review under repealed Act\n\nThis section applies to an application for review made under the repealed Act, section 181 or 183, but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nA decision made under the repealed Act, section 181 or 183, in relation to the application, is taken to be a decision under the corresponding provision of the applied provisions.\n(sec.48-ssec.1) This section applies to an application for review made under the repealed Act, section 181 or 183, but not decided, before the commencement.\n(sec.48-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.48-ssec.3) A decision made under the repealed Act, section 181 or 183, in relation to the application, is taken to be a decision under the corresponding provision of the applied provisions.","sortOrder":64},{"sectionNumber":"pt.8-div.10","sectionType":"division","heading":"Provisions relating to confidential commercial information","content":"## Provisions relating to confidential commercial information","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Continuing effect of declarations under repealed Act, s 185","content":"### sec.49 Continuing effect of declarations under repealed Act, s 185\n\nA declaration made under the repealed Act, section 185, and in force immediately before the commencement, continues in effect as if it had been made under the corresponding provision of the applied provisions.","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Applications for declaration under repealed Act, s 184","content":"### sec.50 Applications for declaration under repealed Act, s 184\n\nThis section applies to an application for a declaration made under the repealed Act, section 184, but not decided, before the commencement.\nFor dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\nIf a declaration is made under the repealed Act, section 185 in relation to the application, the declaration is taken to be a declaration made under the corresponding provision of the applied provisions.\n(sec.50-ssec.1) This section applies to an application for a declaration made under the repealed Act, section 184, but not decided, before the commencement.\n(sec.50-ssec.2) For dealing with and deciding the application, the repealed Act continues to apply as if this Act had not commenced.\n(sec.50-ssec.3) If a declaration is made under the repealed Act, section 185 in relation to the application, the declaration is taken to be a declaration made under the corresponding provision of the applied provisions.","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Continuing effect of revocations under repealed Act, s 186","content":"### sec.51 Continuing effect of revocations under repealed Act, s 186\n\nA notice given under the repealed Act, section 186 revoking a declaration, and in force immediately before the commencement, continues in effect as if it had been given under the corresponding provision of the applied provisions.","sortOrder":68}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose as an 'application Act' that adopts Commonwealth gene technology laws into Queensland jurisdiction. While the 2016 version replaced the 2001 Act and updated references (including recent amendments to the Administrative Review Tribunal Act 2024), it remains focused on the core function of applying federal GMO regulation as state law. The scope has not expanded beyond this mirror-legislation purpose."},"complexity_factors":["Extensive cross-referencing to Commonwealth legislation (Gene Technology Act 2000, Crimes Act 1914, Criminal Code 1995, Administrative Review Tribunal Act 2024, etc.)","Dual-application mechanism where Commonwealth laws apply 'as if' they were Queensland laws, requiring careful parsing of which jurisdiction's interpretation rules apply (Commonwealth Acts Interpretation Act 1901 applies, not Queensland's)","Complex transitional provisions (Part 8) with 28 sections preserving rights, licences, certifications, accreditations, warrants, and enforcement actions from the repealed 2001 Act","Nested conditional logic in offence treatment (Part 4) where state offences are deemed Commonwealth offences for procedural purposes but with exceptions","Multiple modification powers allowing regulations to alter how Commonwealth laws apply (section 7)","Exclusion of standard Queensland accountability legislation (Ombudsman, Right to Information, Financial Accountability Acts) for Commonwealth regulator, but re-inclusion for other state entities (section 16)"],"plain_english_summary":"This Queensland law essentially 'imports' the Commonwealth's gene technology rules into Queensland law. It doesn't create new rules from scratch—instead, it applies the federal Gene Technology Act 2000 (and related laws) as if they were Queensland laws, with some modifications.\n\n**What it does:**\n- **Protects people and the environment** by regulating genetically modified organisms (GMOs) and identifying risks from gene technology\n- **Creates a seamless national system** where the same federal regulator (the Gene Technology Regulator) oversees GMO activities in Queensland using the same rules that apply across Australia\n- **Treats offences seriously** by applying Commonwealth criminal law procedures to any breaches, meaning federal police and prosecutors can handle violations\n- **Preserves existing approvals** by allowing GMO licences, certifications and accreditations issued under the old Queensland law to continue under the new system\n\n**Who it affects:**\n- Anyone working with GMOs in Queensland (researchers, agricultural companies, laboratories)\n- The Commonwealth Gene Technology Regulator, who continues to administer the system\n- Queensland entities that interact with the regulator\n\n**Why it matters:**\nInstead of Queensland running its own separate GMO approval system, this law ensures national consistency. Businesses only need to deal with one regulator and one set of rules, while Queensland retains the ability to modify how the federal laws apply locally through regulations. The law also ensures that if you break the rules, you're prosecuted under federal criminal procedures rather than state ones, creating stronger enforcement powers."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act stays true to its stated purpose throughout. It is a machinery/cooperative scheme Act designed to apply Commonwealth gene technology laws in Queensland and ensure uniform national regulation of GMOs. The transitional provisions in Part 8, while detailed, are a natural consequence of replacing the 2001 Act and do not expand or contract the core regulatory scope. The parliamentary intent — uniform national GMO regulation under Commonwealth administration — is consistently reflected across all provisions."},"complexity_factors":["Heavily referential structure — the Act operates primarily by importing and applying Commonwealth laws rather than standing alone, requiring readers to consult multiple federal Acts simultaneously","Interplay between State and Commonwealth legal systems, including constitutional considerations about legislative power","Offences are treated as Commonwealth offences for some purposes but arise under State law — a legally technical distinction with real procedural consequences","Multiple Commonwealth administrative laws (Privacy Act, FOI Act, Ombudsman Act, Administrative Review Tribunal Act) are applied as State laws with carve-outs and modifications","Regulation-making power can modify how Commonwealth laws apply, meaning the operative rules can change without primary legislation","Extensive transitional provisions (Parts 8) covering licences, certifications, accreditations, inspections, warrants, enforcement directions, review applications, and confidential commercial information declarations across 10 sub-divisions","Exclusion of numerous Queensland oversight Acts (e.g. Auditor-General, Ombudsman, RTI) with an exception for non-Regulator State entities adds interpretive nuance","References to sections of the repealed Act (2001) remain operative for certain transitional matters, requiring readers to access a repealed statute"],"plain_english_summary":"This Act imports the Commonwealth gene technology regime into Queensland, making the federal Gene Technology Regulator and national rules apply statewide. It affects researchers, farmers, biotech firms and institutions working with GMOs: licences, certifications and conditions are federally managed, breaches are federal offences and penalties go to the Commonwealth. The law replaced Queensland’s 2001 Act and carried over existing permissions."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"Section 4(1) declares the Act binds all persons including the State, Commonwealth and other States. Section 4(2) then immunises all of those governmental entities from prosecution. The practical effect is that the Act's most significant institutional actors — who may well be conducting gene technology research — face zero criminal enforcement exposure, rendering the 'binding' declaration largely hollow for those entities.","confidence":0.82,"description":"The Act binds all persons including the State, Commonwealth and other States, yet none of them can be prosecuted for an offence against it. The Act is therefore binding in name only on its most powerful subjects."},{"type":"self_contradicting","section":"sec.12","severity":"medium","reasoning":"Section 12(1) applies Commonwealth criminal laws 'as laws of this State' to the offence, while section 12(2) deems the offence to be a Commonwealth offence and 'not' a State offence. The applied provisions are, by definition under section 6, laws of Queensland. The legal fiction that they are simultaneously not Queensland law creates a genuine ontological contradiction: a Queensland statute creates offences that are legally treated as if they do not exist under Queensland law.","confidence":0.78,"description":"An offence against the applied provisions is simultaneously declared to be an offence against a law of the Commonwealth and not an offence against a law of Queensland, yet the offence exists only because Queensland enacted it as a Queensland law."},{"type":"retroactive_impossibility","section":"sec.32","severity":"high","reasoning":"Section 23 repeals the Gene Technology Act 2001. Section 32(1) states it applies to GMO licences 'given under the repealed Act before or after the commencement.' A licence cannot be given under a repealed Act after that Act's repeal. The repealed Act ceases to have operative effect (except as preserved by transitional provisions), so the phrase 'after the commencement' in section 32(1) describes a legally impossible scenario — no new licences can be issued under a statute that no longer exists.","confidence":0.85,"description":"Section 32 purports to apply the repealed Act's section 71(2) and (2A) to GMO licences given under the repealed Act 'before or after the commencement', meaning it applies repealed law to licences issued after the repeal under a regime that no longer exists."},{"type":"retroactive_impossibility","section":"sec.45","severity":"medium","reasoning":"Similar to section 32, section 45(1) applies to things 'seized under the repealed Act, part 11 before or after the commencement.' Once the Act is repealed, seizures cannot lawfully occur under its authority. The 'after the commencement' limb is therefore legally incoherent — no new seizures can be made under a repealed law.","confidence":0.8,"description":"Section 45 applies to things seized under the repealed Act 'before or after the commencement', meaning it contemplates seizures occurring under a statute that has been repealed."},{"type":"self_contradicting","section":"sec.3","severity":"low","reasoning":"Section 3(2)(b) states the Act helps ensure the laws are administered 'as if they constituted a single law of the Commonwealth.' However, the applied provisions are explicitly Queensland laws under section 6, not Commonwealth laws. The administrative fiction directly contradicts the legislative structure: you cannot simultaneously be a Queensland law applying as if it were a Commonwealth law for administrative uniformity purposes.","confidence":0.65,"description":"The purpose clause states the purpose is achieved by making provision to help the Commonwealth administer the laws 'as if they constituted a single law of the Commonwealth', yet the entire scheme is premised on these being State laws, not Commonwealth laws."},{"type":"other","section":"sec.8","severity":"low","reasoning":"A Queensland Parliament enacts a Queensland law but strips it of Queensland interpretive machinery and substitutes Commonwealth interpretive machinery. While this may be intentional for uniformity, it creates the absurdity that Queensland courts applying Queensland law to Queensland residents must use Commonwealth interpretive rules, potentially producing outcomes inconsistent with Queensland's broader statutory framework.","confidence":0.6,"description":"The applied provisions are Queensland laws (per section 6), yet section 8 requires they be interpreted using the Commonwealth Acts Interpretation Act 1901 as if they were Commonwealth Acts, while expressly excluding Queensland's own Statutory Instruments Act 1992 and Acts Interpretation Act 1954."},{"type":"other","section":"sec.20","severity":"low","reasoning":"Section 20 directs all money collected under the Act to the Commonwealth. Queensland taxpayers fund the Queensland Parliament's legislative activity, Queensland courts process offences, and Queensland administrative machinery supports the regime, yet the revenue collected goes entirely to the Commonwealth. This is not strictly a logical flaw but is a notable structural absurdity in the financial arrangement.","confidence":0.7,"description":"All fees, penalties and fines payable under this Queensland Act must be paid to the Commonwealth, meaning Queensland bears the legislative and administrative burden of enacting and enforcing the regime while all financial proceeds flow to Canberra."}],"contradictions":[{"severity":"medium","section_a":"sec.4(1)","section_b":"sec.4(2)","confidence":0.85,"description":"The Act declares it binds all persons including the State, Commonwealth and other States, but then provides those same governmental entities cannot be prosecuted for any offence against it."},{"severity":"high","section_a":"sec.6","section_b":"sec.12(2)","confidence":0.82,"description":"Section 6 establishes that the Commonwealth gene technology laws apply as laws of Queensland. Section 12(2) then deems offences against those same applied provisions to be not offences against the laws of this State. These provisions are in direct logical conflict."},{"severity":"medium","section_a":"sec.12(1)","section_b":"sec.12(2)","confidence":0.75,"description":"Section 12(1) applies Commonwealth criminal laws 'as laws of this State' in relation to offences against the applied provisions, while section 12(2) deems those offences to be not offences against the laws of this State. It is contradictory to apply State law to something that is simultaneously declared not to be a State law matter."},{"severity":"low","section_a":"sec.15(1)","section_b":"sec.15(2)","confidence":0.65,"description":"Section 15(1) applies Commonwealth administrative laws as laws of this State as if the applied provisions were a Commonwealth law. Section 15(2) then provides that where those Commonwealth administrative laws purport to confer jurisdiction on a federal court, that conferral has no effect. However, if the applied provisions are being treated as Commonwealth law, federal court jurisdiction would be the natural and expected consequence, creating an internal inconsistency in the fiction being constructed."},{"severity":"low","section_a":"sec.16(1)","section_b":"sec.16(2)","confidence":0.6,"description":"Section 16(1) excludes a list of Queensland Acts from applying to the applied provisions. Section 16(2) reinstates those same Acts where a State entity (other than the Commonwealth regulator) exercises functions under the applied provisions. Given that State entities routinely exercise functions under gene technology laws, the exclusion in subsection (1) may be substantially negated by subsection (2), creating uncertainty about when the exclusion actually operates."},{"severity":"high","section_a":"sec.23","section_b":"sec.32(1)","confidence":0.85,"description":"Section 23 repeals the Gene Technology Act 2001. Section 32(1) states it applies to GMO licences given under the repealed Act 'before or after the commencement', which is impossible after repeal since no new licences can be issued under a non-existent Act."},{"severity":"medium","section_a":"sec.23","section_b":"sec.45(1)","confidence":0.8,"description":"Section 23 repeals the Gene Technology Act 2001. Section 45(1) applies to things seized under the repealed Act 'before or after the commencement', contemplating post-repeal seizures under a statute that no longer exists."},{"severity":"low","section_a":"sec.5(2)","section_b":"sec.5(3)","confidence":0.55,"description":"Section 5(2) provides that terms used in both this Act and the Commonwealth Gene Technology Act have the same meanings. Section 5(3) qualifies this by saying subsection (2) does not apply to the extent the context or subject matter of this Act 'otherwise indicates or requires.' The qualification is so broad it potentially swallows the rule, creating uncertainty about which terms actually carry consistent meanings across the two legislative schemes."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. Rather than creating a purely Queensland gene‑technology regime, the Act imports the Commonwealth Gene Technology Act into State law and expressly applies it to matters the State can legislate (sec 6). Regulations may also freeze or modify Commonwealth amendments for Queensland (sec 7). That shifts regulatory scope and enforcement mechanics to a Commonwealth framework operating within Queensland, while transitional provisions preserve existing State licences and processes (Part 8, e.g. sec 26)."},"complexity_factors":["Cross-jurisdictional import: Commonwealth gene technology laws are applied as Queensland law and 'as if' extending to State matters (sec 6) — creates overlap between State and Commonwealth competence.","Modification power: regulations may modify the applied Commonwealth laws and can prevent specified Commonwealth amendments taking effect in Queensland (sec 7) — adds discretionary complexity.","Interpretation regime: Acts Interpretation Act 1901 (Cwlth) governs interpretation of applied provisions, while State interpretive Acts do not (sec 8) — changes statutory construction rules.","Delegation and functional parity: Commonwealth Regulator and officers exercise the same functions and powers under the applied provisions as under Commonwealth law; delegations extend to applied provisions (secs 9–10) — centralises decision‑making with Commonwealth bodies.","Criminal and administrative integration: offences under the applied provisions are treated as Commonwealth offences with relevant Commonwealth criminal laws and administrative laws applied as State law, but federal court jurisdictional provisions are excluded (secs 11–13, 15) — complex procedural mapping.","Exclusions and conditional application of State laws: a list of Queensland public‑sector Acts do not apply to the applied provisions unless a State entity other than the Commonwealth Regulator is exercising functions (sec 16) — creates differential accountability and compliance regimes.","Financial flow: fees, fines and penalties authorised under this Act and applied provisions must be paid to the Commonwealth (sec 20) — changes incentive and funding flows.","Extensive transitional provisions: many clauses preserve licences, certifications, accreditations, notices, warrants and ongoing proceedings from the repealed Act (Part 8, secs 24–51) — raises administrative complexity during changeover."],"plain_english_summary":"This Act adopts the Commonwealth gene technology laws as laws of Queensland to identify and manage health and environmental risks from gene technology (ss 3, 6). It makes the Commonwealth Regulator and Commonwealth criminal and administrative rules operate in Queensland, allows regulations to modify how those Commonwealth laws apply, excludes some Queensland public‑sector statutes, and requires fees and fines under the applied provisions to be paid to the Commonwealth (ss 7–9, 12, 15–16, 20)."}},"importantCases":[],"_links":{"self":"/api/acts/gene-technology-queensland-act-2016","history":"/api/acts/gene-technology-queensland-act-2016/history","analysis":"/api/acts/gene-technology-queensland-act-2016/analysis","conflicts":"/api/acts/gene-technology-queensland-act-2016/conflicts","importantCases":"/api/acts/gene-technology-queensland-act-2016/important-cases","documents":"/api/acts/gene-technology-queensland-act-2016/documents"}}