{"id":"BILL-WA-603A7118795933E048258CE40025A1BB","name":"Gene Technology (Western Australia) Bill 2025","slug":"gene-technology-western-australia-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-08-14","administeringDepartment":null,"currentVersion":{"id":446176,"registerId":"BILL-WA-603A7118795933E048258CE40025A1BB:current","compilationNumber":null,"startDate":"2025-08-14","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:49.296Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Gene Technology (Western Australia) Bill 2025\n\n30—1 page i\nWestern Australia\nGene Technology (Western Australia) Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\n3. Purpose of Act 2\n4. Terms used 3\n5. Act binds Crown 4\nPart 2 — Applying Commonwealth\ngene technology law as State law\nDivision 1 — Applying Commonwealth gene\ntechnology Act\n6. Application of Commonwealth gene technology\nAct as law of the State 5\n7. Tabling amending Acts 5\n8. Disallowance of amending Acts 6\n9. Commencement of provisions of amending Acts 7\n10. Amending Acts enacted on or after\n11 August 2025 but before commencement day 7\n11. Tabling of amending Act taken to be publication\nfor Standing Orders 7\nDivision 2 — Applying Commonwealth gene\ntechnology instruments\n12. Application of Commonwealth gene technology\ninstruments as laws of the State 8\n13. Commonwealth gene technology instruments made\nby amending Act provision 9\n14. Commonwealth gene technology instruments made\nunder or for purposes of amending Act 9\n\nGene Technology (Western Australia) Bill 2025\nContents\npage ii\n15. Publication of Commonwealth gene technology\ninstruments 10\n16. Tabling and disallowance of Commonwealth gene\ntechnology instruments 10\nDivision 3 — Other provisions\n17. Application of applied gene technology law to\nmatters in relation to which the State may make\nlaws 11\n18. Application of interpretation legislation to applied\ngene technology law 12\n19. Local regulations may modify applied gene\ntechnology law 12\nPart 3 — Functions and powers\nunder applied gene technology\nlaw\n20. Functions and powers of Commonwealth\nRegulator and other Commonwealth authorities\nand officers 13\n21. Delegations by Commonwealth Regulator 13\nPart 4 — Offences\n22. Object of Part 14\n23. Application of Commonwealth criminal laws to\noffences against applied gene technology law 15\n24. Functions and powers conferred on\nCommonwealth authorities and officers relating to\noffences 15\n25. No double jeopardy for offences against applied\ngene technology law 16\nPart 5 — Administrative laws\n26. Application of Commonwealth administrative laws\nto applied gene technology law 17\n27. Functions and powers conferred on\nCommonwealth authorities and officers 17\n\nGene Technology (Western Australia) Bill 2025\nContents\npage iii\nPart 6 — Miscellaneous\n28. Things done for multiple purposes 19\n29. Reference in Commonwealth law to provision of\nanother law 19\n30. Fees and other money 19\n31. Local regulations 19\n32. Review of Act 20\nPart 7 — Consequential repeals and\namendments\n33. Gene Technology Act 2006 and Gene Technology\nRegulations 2007 repealed 21\n34. Agricultural and Veterinary Chemicals (Western\nAustralia) Act 1995 amended 21\nPart 8 — Transitional provisions\n35. Term used: repealed Act 22\n36. Continuing effect of determinations under repealed\nAct s. 78 or 80 22\n37. Applications for determination under repealed\nAct s. 78 22\n38. Continuing effect of certification under repealed\nAct s. 84 22\n39. Applications for certification under repealed\nAct s. 83 23\n40. Continuing effect of accreditation under repealed\nAct s. 92 23\n41. Applications for accreditation under repealed Act\ns. 91 24\n42. Continuing effect of declarations under repealed\nAct s. 185 24\n43. Applications for declaration under repealed\nAct s. 184 24\n44. Review of decisions made under repealed Act 25\n45. Applications for review under repealed Act 25\nDefined terms\n\npage 1\nWestern Australia\nLEGISLATIVE ASSEMBLY\nGene Technology (Western Australia) Bill 2025\nA Bill for\nAn Act —\n• to apply the Gene Technology Act 2000 (Commonwealth) and\nlegislative instruments under that Act as laws of the State; and\n• to repeal the Gene Technology Act 2006 and the Gene Technology\nRegulations 2007; and\n• to make consequential amendments to the Agricultural and\nVeterinary Chemicals (Western Australia) Act 1995; and\n• for related purposes.\nThe Parliament of Western Australia enacts as follows:\n\nGene Technology (Western Australia) Bill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Gene Technology (Western Australia) Act 2025.3\n2. Commencement4\nThis Act comes into operation as follows —5\n(a) Part 1 — on the day on which this Act receives the6\nRoyal Assent;7\n(b) the rest of the Act — on a day fixed by proclamation.8\n3. Purpose of Act9\n(1) The purpose of this Act is to adopt in the State a uniform10\nAustralian approach to —11\n(a) protecting the health and safety of people and protecting12\nthe environment by identifying risks posed by or as a13\nresult of gene technology; and14\n(b) managing those risks through regulating certain dealings15\nwith genetically modified organisms.16\n(2) For that purpose, this Act —17\n(a) applies the Commonwealth gene technology law as a18\nlaw of the State, subject to the disallowance processes19\nunder Part 2; and20\n(b) makes provision to help ensure that the Commonwealth21\ngene technology law and the applied gene technology22\nlaw are administered on a uniform basis by the23\nCommonwealth as if they constituted a single law of the24\nCommonwealth.25\n\nGene Technology (Western Australia) Bill 2025\nPreliminary Part 1\ns. 4\npage 3\n4. Terms used1\n(1) In this Act —2\namend includes replace;3\namending Act means a Commonwealth Act that receives the4\nRoyal Assent on or after 11 August 2025 to the extent that it —5\n(a) amends the Gene Technology Act 20006\n(Commonwealth); or7\n(b) makes or amends a Commonwealth gene technology8\ninstrument;9\napplied gene technology law means the provisions that apply as10\na law of the State because of sections 6 and 12;11\ncommencement day means the day on which section 6 comes12\ninto operation;13\nCommonwealth administrative laws means the following —14\n(a) the Administrative Review Tribunal Act 202415\n(Commonwealth) (excluding Part 7);16\n(b) the Freedom of Information Act 1982 (Commonwealth);17\n(c) the Ombudsman Act 1976 (Commonwealth);18\n(d) the Privacy Act 1988 (Commonwealth);19\n(e) the legislative instruments in force under those Acts;20\nCommonwealth gene technology instrument means a21\nregulation or other legislative instrument for the time being in22\nforce under the Gene Technology Act 2000 (Commonwealth);23\nCommonwealth gene technology law means —24\n(a) the Gene Technology Act 2000 (Commonwealth); and25\n(b) the legislative instruments under that Act;26\nCommonwealth Regulator means the Gene Technology27\nRegulator appointed under the Gene Technology Act 200028\n(Commonwealth) section 118;29\nlocal regulations means the regulations made under section 31.30\n\nGene Technology (Western Australia) Bill 2025\nPart 1 Preliminary\ns. 5\npage 4\n(2) If a term used in this Act is given a meaning in the Gene1\nTechnology Act 2000 (Commonwealth), it has the same2\nmeaning in this Act.3\n5. Act binds Crown4\nThis Act binds the Crown in right of Western Australia and, so5\nfar as the legislative power of the Parliament permits, the Crown6\nin all its other capacities.7\n\nGene Technology (Western Australia) Bill 2025\nApplying Commonwealth gene technology law as State law Part 2\nApplying Commonwealth gene technology Act Division 1\ns. 6\npage 5\nPart 2 — Applying Commonwealth gene technology1\nlaw as State law2\nDivision 1 — Applying Commonwealth gene technology Act3\n6. Application of Commonwealth gene technology Act as law4\nof the State5\n(1) In this section —6\nCommonwealth gene technology Act means the Gene7\nTechnology Act 2000 (Commonwealth) as in force on8\n11 August 2025 as amended by each provision that —9\n(a) is in an amending Act that has effect for the purposes of10\nthis Part under section 8; and11\n(b) has come into operation for the purposes of this Part12\nunder section 9.13\n(2) The Commonwealth gene technology Act —14\n(a) applies as a law of the State; and15\n(b) so applies as if it were an Act.16\nNote for this subsection:17\nUnder section 18(2), the Interpretation Act 1984 does not apply to the18\napplied gene technology law.19\n(3) The Commonwealth gene technology Act applies under20\nsubsection (2) as modified by the local regulations (if any) made21\nfor the purposes of section 19.22\n7. Tabling amending Acts23\nAn amending Act must be laid before each House of Parliament24\nwithin 18 sitting days of the House after the day on which the25\nAct receives the Royal Assent.26\n\nGene Technology (Western Australia) Bill 2025\nPart 2 Applying Commonwealth gene technology law as State law\nDivision 1 Applying Commonwealth gene technology Act\ns. 8\npage 6\n8. Disallowance of amending Acts1\n(1) In this section —2\ndisallowance period, in relation to a disallowance resolution of3\nwhich notice is given in a House of Parliament, means the4\nperiod of 30 sitting days of the House after the day on which the5\nnotice is given;6\ndisallowance resolution means a resolution that an amending7\nAct be disallowed;8\nnotice period, in relation to an amending Act laid before a9\nHouse of Parliament under section 7, means the period of10\n14 sitting days of the House after the day on which the11\namending Act is laid before it.12\n(2) An amending Act has effect for the purposes of this Part if the13\namending Act is laid before each House of Parliament under14\nsection 7 and either —15\n(a) no notice of a disallowance resolution is given in either16\nHouse within the notice period; or17\n(b) at least 1 notice of a disallowance resolution is given in18\na House within the notice period and, for each such19\nnotice, 1 of the following applies —20\n(i) the notice is withdrawn or discharged within the21\ndisallowance period;22\n(ii) the disallowance resolution is lost in the House23\nor not agreed to within the disallowance period.24\n(3) For the purposes of this section and section 7 —25\n(a) the period specified in section 7, a notice period or a26\ndisallowance period continues to run even though a27\nHouse of Parliament is prorogued or dissolved or28\nexpires; and29\n\nGene Technology (Western Australia) Bill 2025\nApplying Commonwealth gene technology law as State law Part 2\nApplying Commonwealth gene technology Act Division 1\ns. 9\npage 7\n(b) notice of a disallowance resolution given in a House of1\nParliament, or a motion that an amending Act be2\ndisallowed in the House, does not lapse even though the3\nHouse is prorogued or dissolved or expires.4\n9. Commencement of provisions of amending Acts5\n(1) If an amending Act has effect for the purposes of this Part under6\nsection 8, the Governor must declare that fact by proclamation7\nas soon as practicable.8\n(2) If a provision of the amending Act has come into operation in9\nthe Commonwealth before the proclamation is published —10\n(a) the proclamation must fix a day on which the provision11\ncomes into operation for the purposes of this Part, which12\nmust be on or after the day on which the proclamation is13\npublished; and14\n(b) the provision comes into operation for the purposes of15\nthis Part on that day.16\n(3) If a provision of the amending Act has not come into operation17\nin the Commonwealth before the proclamation is published, the18\nprovision comes into operation for the purposes of this Part19\nwhen the provision comes into operation in the Commonwealth.20\n10. Amending Acts enacted on or after 11 August 2025 but21\nbefore commencement day22\nIf an amending Act receives the Royal Assent on or after23\n11 August 2025, but before commencement day, sections 7 to 924\napply to the amending Act as if it received the Royal Assent on25\ncommencement day.26\n11. Tabling of amending Act taken to be publication for27\nStanding Orders28\n(1) In this section —29\nparliamentary committee means a committee established by30\neither or both of the Houses of Parliament.31\n\nGene Technology (Western Australia) Bill 2025\nPart 2 Applying Commonwealth gene technology law as State law\nDivision 2 Applying Commonwealth gene technology instruments\ns. 12\npage 8\n(2) If a Standing Order of a House of Parliament provides that on1\nthe publication of an instrument under a written law the2\ninstrument is referred to a parliamentary committee for3\nconsideration, the laying of an amending Act before the House4\nunder section 7 is taken to be publication of the amending Act5\nfor the purposes of the Standing Order.6\n(3) This section does not apply if the Standing Orders of the House7\nprovide specifically for an amending Act to be considered by a8\nparliamentary committee.9\nDivision 2 — Applying Commonwealth gene technology10\ninstruments11\n12. Application of Commonwealth gene technology instruments12\nas laws of the State13\n(1) A Commonwealth gene technology instrument applies as a law14\nof the State.15\n(2) A Commonwealth gene technology instrument applies under16\nsubsection (1) subject to —17\n(a) any modifications made by the local regulations for the18\npurposes of section 19; and19\n(b) to the extent that the instrument is made by a provision20\nof an amending Act — section 13; and21\n(c) to the extent that the instrument is made under the Gene22\nTechnology Act 2000 (Commonwealth) on or after23\n11 August 2025 — sections 14 and 16.24\n(3) The provisions of a Commonwealth gene technology instrument25\nthat apply as a law of the State because of this section apply as26\nsubsidiary legislation for the purposes of this Act.27\nNote for this section:28\nUnder section 18(2), the Interpretation Act 1984 does not apply to the29\napplied gene technology law.30\n\nGene Technology (Western Australia) Bill 2025\nApplying Commonwealth gene technology law as State law Part 2\nApplying Commonwealth gene technology instruments Division 2\ns. 13\npage 9\n13. Commonwealth gene technology instruments made by1\namending Act provision2\nA Commonwealth gene technology instrument, to the extent3\nthat it is made by a provision of an amending Act, has effect for4\nthe purposes of its application under section 12(1) if —5\n(a) the amending Act has effect for the purposes of this Part6\nunder section 8; and7\n(b) the provision has come into operation for the purposes8\nof this Part under section 9.9\n14. Commonwealth gene technology instruments made under or10\nfor purposes of amending Act11\n(1) This section applies to a provision of a Commonwealth gene12\ntechnology instrument if the provision is made under or for the13\npurposes of —14\n(a) a provision inserted into the Gene Technology Act 200015\n(Commonwealth) by a provision of an amending Act; or16\n(b) a provision of the Gene Technology Act 200017\n(Commonwealth) as amended by a provision of an18\namending Act.19\n(2) The provision of the Commonwealth gene technology20\ninstrument does not have effect for the purposes of its21\napplication under section 12(1) until the later of —22\n(a) the day on which the provision of the amending Act23\ncomes into operation for the purposes of this Part under24\nsection 9; and25\n(b) the day on which the provision of the instrument comes26\ninto operation in the Commonwealth.27\n(3) However, if the amending Act does not have effect for the28\npurposes of this Part under section 8, the provision of the29\nCommonwealth gene technology instrument does not have30\neffect for the purposes of its application under section 12(1).31\n\nGene Technology (Western Australia) Bill 2025\nPart 2 Applying Commonwealth gene technology law as State law\nDivision 2 Applying Commonwealth gene technology instruments\ns. 15\npage 10\n15. Publication of Commonwealth gene technology instruments1\n(1) This section applies to a Commonwealth gene technology2\ninstrument made under the Gene Technology Act 20003\n(Commonwealth) on or after 11 August 2025.4\n(2) The Commonwealth gene technology instrument must be5\npublished in accordance with the Interpretation Act 19846\nsection 41(1)(a) no later than 18 days after the day on which it is7\nmade.8\n(3) If the Commonwealth gene technology instrument is made on or9\nafter 11 August 2025 but before commencement day,10\nsubsection (2) applies as if the instrument were made on11\ncommencement day.12\n16. Tabling and disallowance of Commonwealth gene13\ntechnology instruments14\n(1) A Commonwealth gene technology instrument published under15\nsection 15 must be laid before each House of Parliament within16\n6 sitting days of the House after the day on which the17\ninstrument is published.18\n(2) A Commonwealth gene technology instrument ceases to have19\neffect for the purposes of its application under section 12(1)20\nif —21\n(a) the instrument is not published under section 15; or22\n(b) the instrument is not laid before each House of23\nParliament in accordance with subsection (1); or24\n(c) the instrument is laid before each House of Parliament25\nin accordance with subsection (1) and —26\n(i) notice of a resolution to disallow the instrument27\nis given in 1 of those Houses within 14 sitting28\ndays of the House after the instrument is laid29\nbefore the House; and30\n(ii) the resolution to disallow the instrument is31\nagreed to by the House.32","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Gene Technology (Western Australia) Bill 2025\nApplying Commonwealth gene technology law as State law Part 2\nOther provisions Division 3\ns. 17\npage 11\n(3) A Commonwealth gene technology instrument that ceases to1\nhave effect under subsection (2) ceases to have effect at the end2\nof the day on which the circumstance in subsection (2)(a), (b)3\nor (c) occurs.4\n(4) If a resolution is agreed to under subsection (2)(c), notice of the5\nresolution must be published in accordance with the6\nInterpretation Act 1984 section 41(1)(a) within 21 days after the7\nday on which the resolution is agreed.8\n(5) If a Commonwealth gene technology instrument (the disallowed9\ninstrument) ceases to have effect under subsection (2), a10\nCommonwealth gene technology instrument that was amended11\nor repealed by the disallowed instrument revives, for the12\npurposes of its application under section 12(1), on the day after13\nthe day on which the disallowed instrument ceases to have14\neffect.15\n(6) For the purposes of this section —16\n(a) the period specified in subsection (1) or (2)(c)(i)17\ncontinues to run even though a House of Parliament is18\nprorogued or dissolved or expires; and19\n(b) notice of a resolution to disallow a Commonwealth gene20\ntechnology instrument given in a House of Parliament21\ndoes not lapse even though the House is prorogued or22\ndissolved or expires.23\nDivision 3 — Other provisions24\n17. Application of applied gene technology law to matters in25\nrelation to which the State may make laws26\nThe applied gene technology law applies as if it extends to27\nmatters in relation to which the State may make laws —28\n(a) whether or not the Commonwealth may make laws in29\nrelation to those matters; and30\n\nGene Technology (Western Australia) Bill 2025\nPart 2 Applying Commonwealth gene technology law as State law\nDivision 3 Other provisions\ns. 18\npage 12\n(b) even though the terms of the applied gene technology1\nlaw provide that it applies only to specified matters with2\nrespect to which the Commonwealth may make laws.3\nNote for this section:4\nFor the purposes of paragraph (b), the Gene Technology Act 20005\n(Commonwealth) section 13 sets out specified matters to which that6\nAct applies.7\n18. Application of interpretation legislation to applied gene8\ntechnology law9\n(1) In this section —10\nCommonwealth interpretation laws means —11\n(a) the Acts Interpretation Act 1901 (Commonwealth); and12\n(b) another law of the Commonwealth that is relevant to the13\ninterpretation of a Commonwealth Act or legislative14\ninstrument.15\nExample for this definition:16\nLegislation Act 2003 (Commonwealth) section 13.17\n(2) The Interpretation Act 1984 —18\n(a) applies to this Act; but19\n(b) does not apply to the applied gene technology law.20\n(3) The Commonwealth interpretation laws apply as laws of the21\nState in relation to the interpretation of the applied gene22\ntechnology law and so apply as if the applied gene technology23\nlaw were a Commonwealth Act or were a legislative instrument24\nunder a Commonwealth Act, as the case requires.25\n19. Local regulations may modify applied gene technology law26\nThe local regulations may modify the applied gene technology27\nlaw.28\n\nGene Technology (Western Australia) Bill 2025\nFunctions and powers under applied gene technology law Part 3\ns. 20\npage 13\nPart 3 — Functions and powers under applied gene1\ntechnology law2\n20. Functions and powers of Commonwealth Regulator and3\nother Commonwealth authorities and officers4\nThe Commonwealth Regulator and other Commonwealth5\nauthorities and officers referred to in the applied gene6\ntechnology law have the same functions and powers under the7\napplied gene technology law as they have under the8\nCommonwealth gene technology law as that law applies to the9\nCommonwealth.10\n21. Delegations by Commonwealth Regulator11\nA delegation by the Commonwealth Regulator under the Gene12\nTechnology Act 2000 (Commonwealth) is taken to extend to,13\nand have effect for the purposes of, the corresponding provision14\nof the applied gene technology law.15\n\nGene Technology (Western Australia) Bill 2025\nPart 4 Offences\ns. 22\npage 14\nPart 4 — Offences1\n22. Object of Part2\n(1) The object of this Part is to further the purpose of this Act by3\nproviding for an offence against the applied gene technology4\nlaw to be treated as if it were an offence against a law of the5\nCommonwealth.6\n(2) The purposes for which an offence is to be treated as referred to7\nin subsection (1) include, but are not limited to —8\n(a) the investigation and prosecution of offences; and9\n(b) the arrest, custody, bail, trial and conviction of offenders10\nor persons charged with offences; and11\n(c) proceedings relating to a matter referred to in12\nparagraph (a) or (b); and13\n(d) appeals and reviews relating to criminal proceedings and14\nto proceedings of the kind referred to in paragraph (c);15\nand16\n(e) the sentencing, punishment and release of persons17\nconvicted of offences; and18\n(f) fines, penalties and forfeitures; and19\n(g) infringement notices in connection with offences; and20\n(h) liability to make reparation in connection with offences;21\nand22\n(i) proceeds of crime; and23\n(j) spent convictions.24\n(3) For the purposes of this Part, offences include contraventions25\nfor which a civil penalty may be imposed.26\n\nGene Technology (Western Australia) Bill 2025\nOffences Part 4\ns. 23\npage 15\n23. Application of Commonwealth criminal laws to offences1\nagainst applied gene technology law2\n(1) In this section —3\nrelevant Commonwealth criminal law means a law of the4\nCommonwealth relating to a purpose referred to in5\nsection 22(2).6\n(2) The relevant Commonwealth criminal laws apply as laws of the7\nState in relation to an offence against the applied gene8\ntechnology law as if the applied gene technology law were a law9\nof the Commonwealth and not a law of the State.10\n(3) For the purposes of a law of the State, an offence against the11\napplied gene technology law —12\n(a) is taken to be an offence against the laws of the13\nCommonwealth in the same way as if the applied gene14\ntechnology law were a law of the Commonwealth; and15\n(b) is taken not to be an offence against the laws of the16\nState.17\n(4) Subsection (3) has effect for the purposes of a law of the State18\nexcept as provided by the local regulations.19\n24. Functions and powers conferred on Commonwealth20\nauthorities and officers relating to offences21\n(1) A Commonwealth law applying because of section 23 that22\nconfers on a Commonwealth authority or Commonwealth23\nofficer a function or power in relation to an offence against the24\nCommonwealth gene technology law also confers on the25\nauthority or officer the same function or power in relation to an26\noffence against the corresponding provision of the applied gene27\ntechnology law.28\n(2) In performing a function or exercising a power conferred by this29\nsection, the Commonwealth authority or Commonwealth officer30\nmust act as nearly as practicable as the authority or officer31\nwould act in performing or exercising the same function or32\n\nGene Technology (Western Australia) Bill 2025\nPart 4 Offences\ns. 25\npage 16\npower in relation to an offence against the corresponding1\nprovision of the Commonwealth gene technology law.2\n25. No double jeopardy for offences against applied gene3\ntechnology law4\n(1) Subsection (2) applies if —5\n(a) an act or omission is both an offence against the applied6\ngene technology law and an offence against the7\ncorresponding provision of the Commonwealth gene8\ntechnology law; and9\n(b) an offender has been punished for that offence under the10\ncorresponding provision of the Commonwealth gene11\ntechnology law.12\n(2) The offender is not liable to be punished for the offence under13\nthe applied gene technology law.14\n\nGene Technology (Western Australia) Bill 2025\nAdministrative laws Part 5\ns. 26\npage 17\nPart 5 — Administrative laws1\n26. Application of Commonwealth administrative laws to2\napplied gene technology law3\n(1) The Commonwealth administrative laws apply as laws of the4\nState to any matter arising in relation to the applied gene5\ntechnology law as if the applied gene technology law were a law6\nof the Commonwealth and not a law of the State.7\n(2) For the purposes of a law of the State, a matter arising in8\nrelation to the applied gene technology law —9\n(a) is taken to be a matter arising in relation to laws of the10\nCommonwealth in the same way as if the applied gene11\ntechnology law were a law of the Commonwealth; and12\n(b) is taken not to be a matter arising in relation to laws of13\nthe State.14\n(3) Subsection (2) has effect for the purposes of a law of the State15\nexcept as provided by the local regulations.16\n(4) A provision of a Commonwealth administrative law applying17\nbecause of this section that purports to confer jurisdiction on a18\nfederal court is taken not to have that effect.19\n(5) For the purposes of this section, a reference in a provision of the20\nAdministrative Review Tribunal Act 2024 (Commonwealth) (as21\nthat provision applies as a law of the State) to the whole or any22\npart of Part 7 of that Act is taken to be a reference to the whole23\nor part of that Part as it has effect as a law of the24\nCommonwealth.25\n27. Functions and powers conferred on Commonwealth26\nauthorities and officers27\n(1) A Commonwealth administrative law applying because of28\nsection 26 that confers on a Commonwealth authority or29\nCommonwealth officer a function or power also confers on the30\n\nGene Technology (Western Australia) Bill 2025\nPart 5 Administrative laws\ns. 27\npage 18\nauthority or officer the same function or power in relation to a1\nmatter arising in relation to the applied gene technology law.2\n(2) In performing a function or exercising a power conferred by this3\nsection, the Commonwealth authority or Commonwealth officer4\nmust act as nearly as practicable as the authority or officer5\nwould act in performing or exercising the same function or6\npower under the Commonwealth administrative law.7\n\nGene Technology (Western Australia) Bill 2025\nMiscellaneous Part 6\ns. 28\npage 19\nPart 6 — Miscellaneous1\n28. Things done for multiple purposes2\nThe validity of a licence, certificate or other thing issued, given3\nor done for the purposes of the applied gene technology law is4\nnot affected only because it was issued, given or done also for5\nthe purposes of the Commonwealth gene technology law.6\n29. Reference in Commonwealth law to provision of another7\nlaw8\nFor the purposes of sections 23 and 26, a reference in a9\nCommonwealth law to a provision of that or another10\nCommonwealth law is taken to be a reference to that provision11\nas applying because of those sections.12\n30. Fees and other money13\nAll fees, penalties, fines and other money that, under this Act14\nand the applied gene technology law, are authorised or directed15\nto be payable by or imposed on any person (but not including an16\namount ordered to be refunded to another person) must be paid17\nto the Commonwealth.18\n31. Local regulations19\nThe Governor may make regulations prescribing matters —20\n(a) required or permitted by this Act to be prescribed; or21\n(b) necessary or convenient to be prescribed for giving22\neffect to this Act or the applied gene technology law.23\n\nGene Technology (Western Australia) Bill 2025\nPart 6 Miscellaneous\ns. 32\npage 20\n32. Review of Act1\n(1) In this section —2\nindependent review means a review undertaken by 2 or more3\npersons —4\n(a) each of whom, in the opinion of the Minister, holds5\nappropriate qualifications to undertake the review; and6\n(b) at least 1 of whom is not employed by the State, a State7\nauthority, the Commonwealth or a Commonwealth8\nauthority.9\n(2) The Minister must cause an independent review of the operation10\nof this Act to be undertaken as soon as possible after the11\n4th anniversary of the day on which this section comes into12\noperation.13\n(3) The persons who undertake the review must give the Minister a14\nwritten report of the review.15\n(4) The Minister must cause a copy of the report of the review to be16\nlaid before each House of Parliament within 12 months after the17\n4th anniversary referred to in subsection (2).18\n\nGene Technology (Western Australia) Bill 2025\nConsequential repeals and amendments Part 7\ns. 33\npage 21\nPart 7 — Consequential repeals and amendments1\n33. Gene Technology Act 2006 and Gene Technology2\nRegulations 2007 repealed3\n(1) The Gene Technology Act 2006 is repealed.4\n(2) The Gene Technology Regulations 2007 are repealed.5\n34. Agricultural and Veterinary Chemicals (Western Australia)6\nAct 1995 amended7\n(1) This section amends the Agricultural and Veterinary Chemicals8\n(Western Australia) Act 1995.9\n(2) In section 23A(2) delete “Regulator within the meaning of the10\nGene Technology Act 2006” and insert:11\n12\nGene Technology Regulator13\n14\n(3) After section 23A(2) insert:15\n16\n(2A) In subsection (2) —17\nGene Technology Regulator means the18\nCommonwealth Regulator as defined in the Gene19\nTechnology (Western Australia) Act 2025 section 4(1).20\n21\n\nGene Technology (Western Australia) Bill 2025\nPart 8 Transitional provisions\ns. 35\npage 22\nPart 8 — Transitional provisions1\n35. Term used: repealed Act2\nIn this Part —3\nrepealed Act means the repealed Gene Technology Act 2006.4\n36. Continuing effect of determinations under repealed Act s. 785\nor 806\nA determination made under the repealed Act section 78(1)7\nor 80(1), and in force immediately before commencement day,8\ncontinues to have effect as if it had been made under the9\ncorresponding provision of the applied gene technology law.10\n37. Applications for determination under repealed Act s. 7811\n(1) This section applies to an application for a determination made12\nunder the repealed Act section 78(2)(a), but not decided or13\nwithdrawn, before commencement day.14\n(2) For dealing with and deciding the application, the repealed Act15\ncontinues to apply as if this Act had not been enacted.16\n(3) If a determination is made under the repealed Act section 78(1)17\nin relation to the application, the determination is taken to be a18\ndetermination made under the corresponding provision of the19\napplied gene technology law.20\n38. Continuing effect of certification under repealed Act s. 8421\nA certification given under the repealed Act section 84, and in22\nforce immediately before commencement day —23\n(a) continues to have effect as if it had been given under the24\ncorresponding provision of the applied gene technology25\nlaw; and26\n(b) is subject to the conditions referred to in the repealed27\nAct section 86, in addition to any conditions that apply28\n\nGene Technology (Western Australia) Bill 2025\nTransitional provisions Part 8\ns. 39\npage 23\nto the certification under the corresponding provision of1\nthe applied gene technology law.2\n39. Applications for certification under repealed Act s. 833\n(1) This section applies to an application for certification made4\nunder the repealed Act section 83, but not decided or5\nwithdrawn, before commencement day.6\n(2) For dealing with and deciding the application, the repealed Act7\ncontinues to apply as if this Act had not been enacted.8\n(3) If certification is given under the repealed Act section 84 in9\nrelation to the application, the certification —10\n(a) is taken to be a certification given under the11\ncorresponding provision of the applied gene technology12\nlaw; and13\n(b) is subject to the conditions referred to in the repealed14\nAct section 86, in addition to any conditions that apply15\nto the certification under the corresponding provision of16\nthe applied gene technology law.17\n40. Continuing effect of accreditation under repealed Act s. 9218\nAn accreditation given under the repealed Act section 92, and in19\nforce immediately before commencement day —20\n(a) continues to have effect as if it had been given under the21\ncorresponding provision of the applied gene technology22\nlaw; and23\n(b) is subject to the conditions referred to in the repealed24\nAct section 94, in addition to any conditions that apply25\nto the accreditation under the corresponding provision of26\nthe applied gene technology law.27\n\nGene Technology (Western Australia) Bill 2025\nPart 8 Transitional provisions\ns. 41\npage 24\n41. Applications for accreditation under repealed Act s. 911\n(1) This section applies to an application for accreditation made2\nunder the repealed Act section 91, but not decided or3\nwithdrawn, before commencement day.4\n(2) For dealing with and deciding the application, the repealed Act5\ncontinues to apply as if this Act had not been enacted.6\n(3) If accreditation is given under the repealed Act section 92 in7\nrelation to the application, the accreditation —8\n(a) is taken to be an accreditation given under the9\ncorresponding provision of the applied gene technology10\nlaw; and11\n(b) is subject to the conditions referred to in the repealed12\nAct section 94, in addition to any conditions that apply13\nto the accreditation under the corresponding provision of14\nthe applied gene technology law.15\n42. Continuing effect of declarations under repealed Act s. 18516\nA declaration made under the repealed Act section 185, and in17\nforce immediately before commencement day, continues to18\nhave effect as if it had been made under the corresponding19\nprovision of the applied gene technology law.20\n43. Applications for declaration under repealed Act s. 18421\n(1) This section applies to an application for a declaration made22\nunder the repealed Act section 184, but not decided or23\nwithdrawn, before commencement day.24\n(2) For dealing with and deciding the application, the repealed Act25\ncontinues to apply as if this Act had not been enacted.26\n(3) If a declaration is made under the repealed Act section 185 in27\nrelation to the application, the declaration is taken to be a28\ndeclaration made under the corresponding provision of the29\napplied gene technology law.30","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Gene Technology (Western Australia) Bill 2025\nTransitional provisions Part 8\ns. 44\npage 25\n44. Review of decisions made under repealed Act1\n(1) A decision made under the repealed Act and referred to in2\ncolumn 2 of the Table to section 179 of that Act is taken to be a3\nreviewable decision under the applied gene technology law.4\n(2) A person referred to in column 4 of the Table to section 179 of5\nthe repealed Act opposite a reviewable decision is taken to be an6\neligible person for the decision under the applied gene7\ntechnology law.8\n45. Applications for review under repealed Act9\n(1) This section applies to an application for review made under the10\nrepealed Act section 181 or 183, but not decided, before11\ncommencement day.12\n(2) For dealing with and deciding the application, the repealed Act13\ncontinues to apply as if this Act had not been enacted.14\n(3) A decision made under the repealed Act section 181 or 183, in15\nrelation to the application, is taken to be a decision made under16\nthe corresponding provision of the applied gene technology law.17\n\nGene Technology (Western Australia) Bill 2025\nDefined terms\npage 26\nDefined terms\n[This is a list of terms defined and the provisions where they are defined.\nThe list is not part of the law.]\nDefined term Provision(s)\namend ............................................................................................................... 4(1)\namending Act ................................................................................................... 4(1)\napplied gene technology law ............................................................................ 4(1)\ncommencement day ......................................................................................... 4(1)\nCommonwealth administrative laws ................................................................ 4(1)\nCommonwealth gene technology Act .............................................................. 6(1)\nCommonwealth gene technology instrument ................................................... 4(1)\nCommonwealth gene technology law .............................................................. 4(1)\nCommonwealth interpretation laws ............................................................... 18(1)\nCommonwealth Regulator ............................................................................... 4(1)\ndisallowance period ......................................................................................... 8(1)\ndisallowance resolution .................................................................................... 8(1)\ndisallowed instrument .................................................................................... 16(5)\nindependent review ........................................................................................ 32(1)\nlocal regulations ............................................................................................... 3(1)\nnotice period .................................................................................................... 8(1)\nparliamentary committee ............................................................................... 11(1)\nrelevant Commonwealth criminal law ........................................................... 23(1)\nrepealed Act ........................................................................................................ 35","sortOrder":2}],"analysis":{"summary":{"status_summary":"The bill is currently before a committee of the Legislative Council for further examination.","complexity_score":7,"likely_questions":["How does the disallowance process work for future Commonwealth amendments?","Will my existing licence or approval under the old WA Act still be valid after the new Act starts?","Who do I contact for applications or compliance matters now?","Can WA make its own changes to the adopted Commonwealth rules?","What happens if a Commonwealth amendment is disallowed by WA Parliament?","Are fees and penalties payable to the Commonwealth or the state?"],"complexity_factors":["Detailed application and disallowance procedures for both amending Acts and instruments","Multiple definitions and cross-references between Commonwealth and state law","Transitional provisions covering determinations, certifications, accreditations, declarations, and reviews","Complex interaction between state and Commonwealth criminal and administrative laws","Layered modifications via local regulations and standing orders provisions"],"plain_english_summary":"The bill repeals WA’s Gene Technology Act 2006 and adopts the Commonwealth Gene Technology Act 2000 (as amended) as WA law, shifting regulatory oversight, enforcement and fee collection to the Commonwealth Gene Technology Regulator. Transitional provisions preserve existing approvals and pending applications, while future Commonwealth amendments apply in WA unless disallowed by state Parliament. The change aims to reduce duplication and lower cross‑border compliance costs but limits WA’s ability to set distinct local rules; an independent review is required after four years."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Bill broadens the operational scope beyond simply \"adopting\" Commonwealth standards by expressly extending the applied Commonwealth gene technology law to matters \"in relation to which the State may make laws\" (s.17). That means the Commonwealth Act and instruments, when applied, operate across the full range of state matters regardless of whether the Commonwealth itself has legislative head‑of‑power over those matters. The Bill also transfers regulatory functions and fee revenue to Commonwealth authorities (ss.20–21, s.30) and repeals the WA Gene Technology Act, replacing WA’s autonomous scheme with an applied Commonwealth framework (s.33). These features move the scheme from mere alignment towards substantive centralisation of regulation, enforcement and revenue—an expansion of scope from simple harmonisation to effective Commonwealth administration within WA."},"complexity_factors":["Adopts an external Commonwealth Act and multiple Commonwealth instruments as State law (ss.6,12) increasing cross‑jurisdictional references","Approximately 20 defined terms in the interpretation section referencing Commonwealth laws (s.4 and Defined terms list)","Conditional commencement and effect of amending Acts and instruments with multiple timing rules (ss.6,9,10,13–16)","Parliamentary tabling and disallowance procedures with separate notice and disallowance periods for Acts and instruments (ss.7–9,15–16)","Local regulations can modify applied law, creating exceptions to imported Commonwealth law (s.19)","Multiple cross‑applications of Commonwealth administrative and criminal laws to State matters with specified exclusions (Parts 4 and 5; s.26(4))","Delegation and function carry‑over for Commonwealth officers and Regulator (ss.20–21)","Transitional Part with many specific transitional rules for determinations, certifications, accreditations, declarations and pending reviews (Part 8, ss.35–45)","Revenue flow rule sending all fees and fines to the Commonwealth (s.30) that interacts with administrative arrangements","Review requirement after 4 years and the need to coordinate intergovernmental administrative arrangements (s.32)"],"plain_english_summary":"**What this Bill does, mechanically**\n\n- The Bill abandons Western Australia’s separate gene technology statute and instead adopts the Commonwealth Gene Technology Act 2000 and its subordinate instruments as laws of WA (see s.6, s.12, s.33).  In short: the Commonwealth gene technology law will apply in WA as if it were a WA Act.  \n\n- It sets out how future Commonwealth changes (amending Acts and instruments) become part of WA law, including tabling, publication and disallowance procedures that the WA Parliament can use to stop particular Commonwealth changes from applying in WA (ss.7–11, ss.15–16).  \n\n- It makes the Commonwealth Gene Technology Regulator and other Commonwealth officers responsible for functions and powers under the law as applied in WA (ss.20–21).  \n\n- Offences and civil-penalty contraventions under the applied law are treated as if they were offences against Commonwealth law for investigation, prosecution and sentencing purposes (Part 4: ss.22–25).  \n\n- Commonwealth administrative laws (for example, freedom of information, privacy, Ombudsman, merits review) are applied to matters arising under the applied gene technology law in WA (Part 5: ss.26–27), subject to one specific exclusion for federal court jurisdiction (s.26(4)).  \n\n- The Bill allows the WA Governor to make “local regulations” that can modify the applied Commonwealth provisions for WA’s circumstances (ss.19, 31).  \n\n- All fees, fines and other money authorised under the applied scheme are to be paid to the Commonwealth (s.30).  \n\n- Transitional rules preserve decisions, certificates, accreditations, declarations and pending applications made under the old WA Act so they continue or are decided under the old rules where stated (Part 8: ss.35–45).  \n\n**Why the Bill says it matters (official purpose)**\n\n- The stated objective is to adopt a uniform Australian approach to assessing and managing risks from gene technology and to ensure the Commonwealth law and the “applied” WA law are administered uniformly by the Commonwealth (s.3).  \n\n**How that objective is achieved in practice and what changes for people and businesses**\n\n- Regulators and decision-makers: the Commonwealth Gene Technology Regulator becomes the operative regulator for WA matters under the adopted law (ss.20–21). WA agencies no longer enforce a distinct WA gene-technology regime; instead Commonwealth officers exercise the same functions and powers within WA as they do nationally.  \n\n- Rule adoption and change process: Commonwealth Acts and instruments made after the cut-off date are captured and incorporated under the procedures in Parts 2 (ss.6–16). Those instruments must be published and tabled and may be disallowed by WA Parliament under specified timeframes. That gives WA Parliament a procedural veto window but does not itself amend substantive Commonwealth rules.  \n\n- Enforcement and criminal procedure: offences under the applied law are treated as Commonwealth offences for investigation, prosecution and related criminal processes (ss.22–25). This changes which criminal law rules and investigative powers apply in practice.  \n\n- Administrative review and transparency: Commonwealth administrative laws (freedom of information, privacy, merits review, Ombudsman) apply to matters under the applied law (ss.26–27), so review channels and information access are those provided under Commonwealth statutes unless the local regulations say otherwise.  \n\n- Revenue flow: fees, fines and other money collected under the applied law are paid to the Commonwealth (s.30).  \n\n- Local adjustment option: the Bill preserves a mechanism for WA to make local regulations that can modify the applied Commonwealth law to address WA-specific issues (s.19).  \n\n**Costs, incentives, trade‑offs and implementation risks (practical testing of the stated aims)**\n\n- Centralisation vs local control (who decides): the Bill centralises administration with the Commonwealth Regulator (ss.20–21) and routes fee revenue to the Commonwealth (s.30). This reduces duplication and can lower compliance complexity for entities operating interstate, but it also shifts decision‑making and revenue away from WA. The Bill retains a limited WA lever via local regulations (s.19) and parliamentary disallowance mechanisms (ss.7–9, 15–16).  \n\n- Compliance and transitional burden: businesses that were regulated under the WA Act are transitioned into the Commonwealth framework with carry‑over of existing determinations, accreditations and pending applications (Part 8, ss.36–45). That reduces immediate regulatory disruption, but there will be administrative work to map WA approvals and conditions into the Commonwealth processes.  \n\n- Legal and procedural complexity: the Bill imports many Commonwealth instruments and interpretation laws (ss.12, 18). That reduces the need to re‑draft a parallel WA statute, but increases dependency on cross‑jurisdictional publication, commencement and tabling rules and introduces conditional logic about when a Commonwealth instrument takes effect in WA (see ss.9, 13–16). Those timing conditions create implementation risk (e.g. differences in commencement dates between jurisdictions).  \n\n- Enforcement regime and criminal procedure: treating offences as Commonwealth offences changes which investigatory powers, prosecuting agencies and sentencing frameworks apply (Part 4). That aligns enforcement nationally but may change operational details for WA law enforcement and courts handling related matters.  \n\n- Administrative review and access to information: applying Commonwealth administrative laws (Part 5) gives regulated persons Commonwealth FOI, privacy and merits review routes. That can standardise transparency and review, but also creates differences from other WA administrative regimes and explicitly disclaims the federal court jurisdiction tack (s.26(4)).  \n\n- Revenue and budgeting implications: fees and fines flow to the Commonwealth (s.30). For WA this is an opportunity cost — any local enforcement costs borne by WA agencies may not be matched by retained revenue, depending on how service delivery is arranged.  \n\n- Parliamentary oversight and timing windows: the WA Parliament can disallow particular Commonwealth Acts or instruments within fixed notice and sitting‑day periods (ss.7–9, 15–16). Those windows provide oversight but are procedural rather than substantive vetoes — they can stop an instrument applying in WA, but they do not change the Commonwealth instrument itself.  \n\n**Effects on private enterprise, competition and choice (market-liberal lens)**\n\n- Private firms operating across states gain from regulatory harmonisation because one national approval framework reduces the need to satisfy multiple state regimes (s.3; ss.6,12).  \n\n- Centralised decision‑making may favour larger or national operators who can engage directly with the Commonwealth Regulator; smaller local operators could face the same substantive rules but less local influence over how they are applied absent targeted local regulations (ss.19,20–21).  \n\n- Paying fees to the Commonwealth (s.30) shifts revenue incentives away from WA. If WA had previously used fee revenue to support local services or inspections, that incentive changes.  \n\n- Contracting freedom and product markets: the Bill does not directly alter private contract law, but regulatory approvals, accreditations and conditions (continued via transitional provisions; Part 8) are critical inputs for product development, supply contracts and market entry. Changes in regulator practice or fee structures therefore affect commercial decisions (ss.36–44).  \n\n**Concentrated benefits, diffuse costs, and capture risks (mechanisms, not judgments)**\n\n- Concentrated benefits: nationally-operating biotechnology firms and applicants likely benefit from a single national regime (ss.6,12).  \n\n- Diffuse costs: WA taxpayers and small local operators may bear diffuse effects of reduced state control and the transfer of fees to the Commonwealth (s.30).  \n\n- Capture / discretionary risk: the Commonwealth Regulator exercises delegated powers under the applied law (ss.20–21). The Bill centralises administrative discretion; oversight is available through Commonwealth administrative laws and WA’s disallowance procedures, but practical influence over daily regulatory choices rests with Commonwealth authorities (ss.26–27, ss.7–9, 15–16).  \n\n**Implementation and opportunity‑cost considerations**\n\n- Timing and coordination: the Bill contains many timing rules for when Commonwealth amendments and instruments apply in WA (ss.9,13–16). Accurate coordination of publication, tabling and proclamation dates is essential to avoid gaps or unintended application.  \n\n- Administrative arrangements: because fees go to the Commonwealth (s.30) and the Regulator acts in WA (ss.20–21), WA will need service‑level or memorandum arrangements if it expects Commonwealth officers to provide on‑the‑ground functions in WA.  \n\n- Review requirement: the Minister must commission an independent review of the Act four years after the relevant section commences (s.32). That creates a formal check‑point to reassess how the applied regime is working in WA.  \n\n**Key statutory references (select)**\n- Purpose and approach: s.3.  \n- Applying Commonwealth Act and instruments: ss.6,12–16.  \n- Parliamentary tabling and disallowance processes: ss.7–11,15–16.  \n- Extension to state matters: s.17.  \n- Regulator functions and delegations: ss.20–21.  \n- Offences treated as Commonwealth offences: Part 4 (ss.22–25).  \n- Commonwealth administrative laws applied: Part 5 (ss.26–27).  \n- Fees to Commonwealth: s.30.  \n- Local modification power: s.19.  \n- Repeal and transitional arrangements: ss.33, 35–45.  \n\n**Bottom line**\n\nMechanically the Bill replaces WA’s separate gene‑technology statute with the Commonwealth Gene Technology Act and its instruments as WA law, centralises regulatory functions with the Commonwealth Regulator, routes fee revenue to the Commonwealth, and provides WA with limited procedural oversight and the power to make local modifications. The stated aim is uniform national regulation (s.3). Practically, the Bill trades WA legislative and revenue control for regulatory uniformity and administrative consolidation, introduces several timing and publication conditions that create implementation risk, and changes which criminal and administrative law frameworks apply to regulated dealings (Parts 4 and 5)."}},"importantCases":[],"_links":{"self":"/api/acts/gene-technology-western-australia-bill-2025","history":"/api/acts/gene-technology-western-australia-bill-2025/history","analysis":"/api/acts/gene-technology-western-australia-bill-2025/analysis","conflicts":"/api/acts/gene-technology-western-australia-bill-2025/conflicts","importantCases":"/api/acts/gene-technology-western-australia-bill-2025/important-cases","documents":"/api/acts/gene-technology-western-australia-bill-2025/documents"}}