{"id":"BILL-WA-4A1C438621802A3648258CE5001C1837","name":"Gene Technology (Western Australia) Amendment Bill 2025","slug":"gene-technology-western-australia-amendment-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-08-14","administeringDepartment":null,"currentVersion":{"id":446175,"registerId":"BILL-WA-4A1C438621802A3648258CE5001C1837:current","compilationNumber":null,"startDate":"2025-08-14","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:48.461Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Gene Technology (Western Australia) Amendment Bill 2025\n\n31—1 page i\nWestern Australia\nGene Technology (Western Australia)\nAmendment Bill 2025\nContents\n1. Short title 2\n2. Commencement 2\n3. Act amended 2\n4. Long title amended 2\n5. Section 4 amended 2\n6. Part 2 Division 1 heading amended 3\n7. Section 6 amended 3\n8. Section 12 amended 4\n9. Section 14 amended 5\n10. Section 15 amended 5\n11. Section 30A inserted 5\n30A. Imposition of tax 5\n\npage 1\nWestern Australia\nLEGISLATIVE ASSEMBLY\nGene Technology (Western Australia)\nAmendment Bill 2025\nA Bill for\nAn Act to amend the Gene Technology (Western Australia) Act 2025.\nThe Parliament of Western Australia enacts as follows:\n\nGene Technology (Western Australia) Amendment Bill 2025\ns. 1\npage 2\n1. Short title1\nThis is the Gene Technology (Western Australia) Amendment2\nAct 2025.3\n2. Commencement4\nThis Act comes into operation as follows —5\n(a) sections 1 and 2 — on the day on which this Act6\nreceives the Royal Assent;7\n(b) the rest of the Act — on the day on which the Gene8\nTechnology (Western Australia) Act 2025 section 69\ncomes into operation.10\n3. Act amended11\nThis Act amends the Gene Technology (Western Australia)12\nAct 2025.13\n4. Long title amended14\nIn the long title delete the 1st bullet point and insert:15\n16\n• to apply the Gene Technology Act 200017\n(Commonwealth) and the Gene Technology (Licence18\nCharges) Act 2000 (Commonwealth) and legislative19\ninstruments under those Acts as laws of the State;20\nand21\n22\n5. Section 4 amended23\n(1) In section 4(1) in the definition of amending Act paragraph (a)24\ndelete “(Commonwealth); or” and insert:25\n26\n(Commonwealth) or the Gene Technology (Licence Charges)27\nAct 2000 (Commonwealth); or28\n29\n\nGene Technology (Western Australia) Amendment Bill 2025\ns. 6\npage 3\n(2) In section 4(1) in the definition of Commonwealth gene1\ntechnology instrument delete “(Commonwealth);” and insert:2\n3\n(Commonwealth) or the Gene Technology (Licence Charges)4\nAct 2000 (Commonwealth);5\n6\n(3) In section 4(1) in the definition of Commonwealth gene7\ntechnology law delete paragraph (b) and insert:8\n9\n(b) the Gene Technology (Licence Charges)10\nAct 2000 (Commonwealth); and11\n(c) the legislative instruments under those Acts;12\n13\n(4) In section 4(2) delete “(Commonwealth),” and insert:14\n15\n(Commonwealth) or the Gene Technology (Licence Charges)16\nAct 2000 (Commonwealth),17\n18\n6. Part 2 Division 1 heading amended19\nIn the heading to Part 2 Division 1 delete “Act” and insert:20\n21\nActs22\n23\n7. Section 6 amended24\n(1) In section 6(1) in the definition of Commonwealth gene25\ntechnology Act:26\n(a) delete “Act” and insert:27\n28\nActs29\n30\n\nGene Technology (Western Australia) Amendment Bill 2025\ns. 8\npage 4\n(b) after “(Commonwealth)” insert:1\n2\nand the Gene Technology (Licence Charges) Act 20003\n(Commonwealth)4\n5\n(2) Delete section 6(2) and insert:6\n7\n(2) The Commonwealth gene technology Acts —8\n(a) apply as laws of the State; and9\n(b) so apply as if they were Acts.10\nNote for this subsection:11\nUnder section 18(2), the Interpretation Act 1984 does not12\napply to the applied gene technology law.13\n14\n(3) In section 6(3) delete “Act applies” and insert:15\n16\nActs apply17\n18\nNote: The heading to amended section 6 is to read:19\nApplication of Commonwealth gene technology Acts as laws of20\nthe State21\n8. Section 12 amended22\nIn section 12(2)(c) after “(Commonwealth)” insert:23\n24\nor the Gene Technology (Licence Charges) Act 200025\n(Commonwealth)26\n27\n\nGene Technology (Western Australia) Amendment Bill 2025\ns. 9\npage 5\n9. Section 14 amended1\nIn section 14(1)(a) and (b) after “(Commonwealth)” insert:2\n3\nor the Gene Technology (Licence Charges) Act 20004\n(Commonwealth)5\n6\n10. Section 15 amended7\nIn section 15(1) after “(Commonwealth)” insert:8\n9\nor the Gene Technology (Licence Charges) Act 200010\n(Commonwealth)11\n12\n11. Section 30A inserted13\nAfter section 30 insert:14\n15\n30A. Imposition of tax16\nTo the extent that this Act or the local regulations17\nprovide for a tax, the tax is imposed.18\n19","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Bill expands the original Act's scope by incorporating the Gene Technology (Licence Charges) Act 2000 (Commonwealth) and related legislative instruments as part of WA law (clauses 4–10), which adds a formal licence‑charging regime into the State framework. It also inserts a new provision (clause 11, s.30A) that expressly authorises imposition of a tax where the Act or local regulations provide for one. Those changes move the Act beyond merely adopting Commonwealth regulatory standards to also importing a charging/taxation mechanism and confirming authority to impose monetary obligations by regulation."},"complexity_factors":["Short Bill (11 clauses) with limited number of changes","Several definition changes across sections 4, 6 and 12–15 to add one additional Commonwealth Act and legislative instruments","Cross-jurisdictional application: imports Commonwealth Acts and legislative instruments to operate as State law (interpretive complexity)","Insertion of a broadly worded new section (30A) saying taxes provided for by the Act or local regulations are imposed","Note that the Interpretation Act 1984 does not apply to the applied gene-technology law (affects interpretation)","Commencement dependence on the parent Act's section 69 (timing linkage to another provision)"],"plain_english_summary":"**What this Bill does (in plain language)**\n\n- The Bill changes the Gene Technology (Western Australia) Act 2025 so that an extra Commonwealth law — the Gene Technology (Licence Charges) Act 2000 (Commonwealth) — and the legislative instruments made under the gene-technology laws are treated as part of Western Australian law. (See clauses 4–10.)\n\n- It adjusts definitions and headings so the parent Act refers to those Commonwealth Acts in the plural (that is, more than one Commonwealth Act are applied). (See clauses 5–7.)\n\n- It adds a new short provision saying that where the Act or WA regulations made under it provide for a tax, that tax is imposed. In short: if the applied laws or local regulations create a tax or charge, the State law will be treated as authorising its imposition. (See clause 11, new section 30A.)\n\n- The timing: the Bill’s technical items (short title, commencement) come into force on royal assent; the rest starts when section 69 of the underlying WA Act begins operation. (See clause 2.)\n\n\nWho is affected\n\n- Businesses, researchers and other parties that handle genetically modified organisms (GMOs) in WA and who need licences or approvals under the Gene Technology regime.\n- People or organisations liable to pay licence charges or other monetary obligations that follow from the Gene Technology (Licence Charges) Act or the applied Commonwealth legislative instruments.\n- WA departments or agencies that will administer, collect and enforce licence charges or taxes created under the applied regime.\n\n\nWhy this matters (mechanics and practical effects)\n\n- The Bill mechanically brings a Commonwealth charging regime (the Licence Charges Act) and related legislative instruments into WA law, so licence fees/charges set under that Commonwealth scheme will operate in WA as if set by WA law. (Clauses 4–10 implement this by changing definitions and the “application” provisions.)\n\n- By inserting section 30A, the Bill explicitly authorises the imposition of a tax where the Act or WA regulations provide for one. That clarifies and confirms legal authority to require payment (tax/charge) under the applied regime. (Clause 11 / new s.30A.)\n\n- Who pays: parties required to hold licences or approvals under the gene technology regime — licence applicants and holders — will be the primary payers when charges or taxes are applied (new s.30A and clauses that apply the Licence Charges Act). The Bill does not itself set rates; it makes the Commonwealth licence/charge rules applicable and confirms the State can impose charges described as taxes.\n\n- Who decides: the content of licence charges and related rules will be set by the applied Commonwealth Acts and their legislative instruments as they operate in WA (as modified by any WA local regulations). Operational decisions (administration, collection, enforcement) will rest with the WA apparatus responsible for the parent Act.\n\n\nAnalytical notes — incentives, costs and trade-offs (mechanism-focused)\n\n- Incentives and behaviour: applying the Licence Charges Act makes it more likely licence-holders and applicants will face standardised charges (matching the Commonwealth model). That raises the marginal cost of undertaking licensable gene-technology activities in WA and may change applicants’ decisions about whether, where or how to propose or carry out such activities.\n\n- Compliance and administration costs: the Bill transfers or creates obligations for WA agencies to administer and collect charges that flow from the applied Commonwealth instruments. That generates administrative costs for the regulator and compliance costs for regulated entities (see clauses 4–10 and new s.30A).\n\n- Revenue and who benefits: licence fees or taxes produce revenue (to the State or to the account directed by the Act). The Bill centralises the legal basis for that revenue stream by incorporating the Licence Charges Act and by expressly authorising taxes under s.30A.\n\n- Delegation and discretion: by applying Commonwealth legislative instruments and enabling taxes via regulations, the Bill increases the role of subordinate instruments in setting financial terms. That concentrates substantive rate-setting outside the primary WA Act text (clauses 4–10 and new s.30A). The Bill includes a legislative note (in the amended s.6) that the Interpretation Act 1984 does not apply to the applied gene technology law, which affects how some interpretive rules apply.\n\n- Legal clarity and risk: the short text is mechanically tidy — it imports an existing Commonwealth charging regime rather than restating it — but that cross‑jurisdictional import creates potential interpretive complexity about how Commonwealth instruments operate once applied as State law. The new s.30A is broad in wording (“To the extent that this Act or the local regulations provide for a tax, the tax is imposed.”), which resolves one legal question (authority to levy) but may raise others about parliamentary oversight of taxes created by regulation.\n\n\nRelevant clauses (quick map)\n\n- Clauses 4–10: add the Gene Technology (Licence Charges) Act 2000 (Commonwealth) and related legislative instruments into the set of Commonwealth gene-technology laws applied as WA law; update definitions and headings accordingly.\n- Clause 7 (amending section 6 of the parent Act): makes clear the Commonwealth gene‑technology Acts apply \"as laws of the State\" and \"as if they were Acts.\" It also carries a note that the Interpretation Act does not apply to the applied law.\n- Clause 11 (new s.30A): expressly authorises imposition of a tax where the Act or local regulations provide for one.\n- Clause 2: commencement timing.\n\n\nBottom line (mechanical effect, not a policy judgment)\n\nThis Bill extends the WA gene-technology framework by importing the Commonwealth licence‑charges regime and related instruments into WA law and by expressly authorising taxes or charges created under the Act or by WA regulations. That changes who pays (licence-holders), who sets the monetary terms (applied Commonwealth instruments and WA regulations), and who administers collection (WA agencies)."}},"importantCases":[],"_links":{"self":"/api/acts/gene-technology-western-australia-amendment-bill-2025","history":"/api/acts/gene-technology-western-australia-amendment-bill-2025/history","analysis":"/api/acts/gene-technology-western-australia-amendment-bill-2025/analysis","conflicts":"/api/acts/gene-technology-western-australia-amendment-bill-2025/conflicts","importantCases":"/api/acts/gene-technology-western-australia-amendment-bill-2025/important-cases","documents":"/api/acts/gene-technology-western-australia-amendment-bill-2025/documents"}}