{"id":"genetically-modified-crops-management-act-2004","name":"Genetically Modified Crops Management Act 2004","slug":"genetically-modified-crops-management-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":53543,"registerId":"sa-genetically-modified-crops-management-act-2004-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Genetically Modified Crops Management Act 2004","content":"South Australia\nGenetically Modified Crops Management Act 2004\nAn Act to provide for the designation of areas of the State for the purposes of preserving for marketing purposes the identity of certain food crops according to whether they are genetically modified crops or non-genetically modified crops; to provide for the segregation of genetically modified food crops and their products in appropriate cases; to provide for associated regulatory powers; to provide certain protections with respect to the spread of genetically modified plant material; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tDeclared thresholds\nPart 2—Preservation of identity of crops\n5\tDesignation of areas\n5A\tDesignation of council areas\n6\tExemptions\n7\tRelated matters\nPart 3—Administration\nDivision 1—GM Crop Advisory Committee\n8\tEstablishment of Advisory Committee\n9\tMembership of Advisory Committee\n10\tTerms and conditions of membership\n11\tRemuneration\n12\tConflict of interest under Public Sector (Honesty and Accountability) Act\n13\tValidity of acts\n14\tProcedures\n15\tExpert and other assistance\nDivision 2—Inspectors and powers of inspection\n16\tAppointment of inspectors\n17\tPowers of inspectors and related matters\nPart 4—Miscellaneous\n18\tOrders for destruction of crops or material\n19\tPower of delegation\n20\tFalse or misleading information\n21\tProceedings for offences\n22\tOffences by bodies corporate\n23\tContinuing offence\n24\tOrders on conviction for an offence\n25\tEvidentiary provision\n26\tImmunity from liability\n27\tSpecial protection from liability for the spread of genetically modified plant material\n28\tRegulations\n29\tReview of Act\nSchedule 1—Transitional provisions\n1\tInterim controls\n2\tCrops established before commencement of Act\n3\tOther provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Genetically Modified Crops Management Act 2004.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAdvisory Committee means the GM Crop Advisory Committee established under Part 3 Division 1;\ncultivate, in relation to a genetically modified food crop, includes—\n\t(a)\tto breed, germinate, propagate, grow, raise, culture, harvest or collect plants, or plant material, for, or as part of, that crop;\n\t(b)\tto spread, disseminate, deal with or dispose of any plant or plant material that has formed part of that crop;\n\t(c)\tto undertake any other activity brought within the ambit of this definition by the regulations,\nbut does not include—\n\t(d)\tto use a product derived from a crop as feed in prescribed circumstances; or\n\t(da)\tto transport a genetically modified food crop or any plant or plant material that has formed, or is to form, part of a genetically modified food crop; or\n\t(e)\tany other activity excluded from the ambit of this definition by the regulations;\ndeal with, in relation to a crop, GMO or other material, has a meaning that corresponds to deal with a GMO under the Gene Technology Act 2001;\nDepartment means the department of the Minister to whom the administration of this Act has been committed;\ndesignated area—see sections 5 and 5A;\nexemption notice means an exemption notice under section 6;\nfood crop means a crop which, or any part or product of which, may be used—\n\t(a)\tfor human consumption; or\n\t(b)\tfor livestock consumption,\nwhether or not after processing (and including as an ingredient for human consumption or livestock consumption);\ngenetically modified food crop means a food crop that consists of or includes plants—\n\t(a)\tthat are genetically modified organisms; or\n\t(b)\tthat are derived or produced from genetically modified organisms; or\n\t(c)\tthat have inherited from other plants particular traits that occurred in those other plants because of gene technology;\ngenetically modified organism or GMO means a genetically modified organism within the meaning of the Gene Technology Act 2001;\ngene technology has the same meaning as in the Gene Technology Act 2001;\nGMO licence has the same meaning as in the Gene Technology Act 2001;\nGM related material means any material, product or thing derived from, or used in connection with, a genetically modified food crop;\ninspector means a person appointed to be an inspector under Part 3 Division 2;\nlivestock means any animal which, or any part or product of which, may be used for human consumption, whether or not after processing (and including as an ingredient of food for human consumption);\noccupier, in relation to land, includes a licensee and the holder of any right at law to use the land, but does not include a mortgagee in possession unless the mortgagee assumes active management of the land;\nowner of land means—\n\t(a)\tif the land is unalienated from the Crown—the Crown; or\n\t(b)\tif the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or\n\t(c)\tif the land is held from the Crown by lease or licence—the lessee or licensee; or\n\t(d)\tif the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;\nplant includes the seed or any part of a plant whether living or dead and whether attached to a plant or not.\n\t(2)\tFor the purposes of this Act, a person will be taken to cultivate a genetically modified food crop for the purposes of an experiment if (and only if)—\n\t(a)\tthe person is only undertaking the cultivation of the crop on a controlled and limited scale; and\n\t(b)\tthe purpose of the cultivation is—\n\t(i)\tto assess the crop's merit; or\n\t(ii)\tto develop or assess practices associated with the management of the crop or the protection of the environment; and\n\t(c)\tthe crop, after cultivation, is not to be harvested for sale.\n4—Declared thresholds\n\t(1)\tThe Minister may, by notice published in the Gazette, declare a threshold relating to the presence of GMO in crops.\n\t(2)\tIf—\n\t(a)\ta declaration is made under subsection (1) in relation to the presence of a particular GMO in a particular class of crop; and\n\t(b)\ta crop of that class that is a food crop has that GMO present but the amount or level of the GMO does not exceed the declared threshold,\nthen the presence of that GMO may be disregarded for the purposes of determining whether the food crop is a genetically modified food crop for the purposes of this Act.\n\t(3)\tA declaration under subsection (1)—\n\t(a)\tmay be of general or limited application; and\n\t(b)\tmay make different provision according to the circumstances to which it is expressed to apply.\n\t(4)\tThe Minister may, by further notice published in the Gazette, vary or revoke a declaration under subsection (1).\nPart 2—Preservation of identity of crops\n5—Designation of areas\n\t(1)\tKangaroo Island is, by force of this subsection, designated as an area in which no genetically modified food crops may be cultivated.\n\t(12)\tA person is guilty of an offence if—\n\t(a)\tthe person cultivates a crop in contravention of subsection (1).\nMaximum penalty: $200 000.\n5A—Designation of council areas\n\t(1)\tThe Minister may, on application by a council established under the Local Government Act 1999, by notice published in the Gazette, designate the area of the council as an area in which no genetically modified food crops may be cultivated.\n\t(2)\tBefore making an application under subsection (1), a council must consult with its community, including persons engaged in primary production activities and food processing or manufacturing activities in the area of the council.\n\t(3)\tBefore publishing a notice under subsection (1), the Minister must consult with the Advisory Committee and take into account any advice provided by the Advisory Committee in relation to the matter.\n\t(4)\tA notice under subsection (1)—\n\t(a)\tmust be published before the commencement day (and a notice published on or after the commencement day is void and of no effect); and\n\t(b)\ttakes effect from the commencement day.\n\t(5)\tThe Minister may, by further notice in the Gazette, revoke a notice under subsection (1) on application by the council whose area the notice relates to.\n\t(6)\tA notice under this section may include any provision of a saving or transitional nature.\n\t(7)\tThe Minister may vary a notice under this section in order to correct a minor error or remedy a defect.\n\t(8)\tA person is guilty of an offence if the person cultivates a crop in contravention of a notice under subsection (1).\nMaximum penalty: $200 000.\n\t(9)\tIn relation to a part of the State that is not within the area of a council, a reference in this section to—\n\t(a)\ta council established under the Local Government Act 1999 will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and\n\t(b)\tthe area of a council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009).\n\t(10)\tIn this section—\ncommencement day means the day on which section 5 of the Genetically Modified Crops Management (Designated Area) Amendment Act 2020 comes into operation.\n6—Exemptions\n\t(1)\tThe Minister may, by notice published in the Gazette (an exemption notice), confer exemptions from the operation of section 5 or 5A.\n\t(2)\tHowever, the Minister must not confer an exemption unless—\n\t(a)\tthe purpose of the exemption is to allow a specified person—\n\t(i)\tto cultivate a genetically modified food crop on a limited scale under, and in accordance with, a GMO licence authorising the release of the relevant GMO into the environment for the purposes of an experiment; or\n\t(ii)\tto cultivate a genetically modified food crop on a limited and contained basis at a specified place or places; or\n\t(iii)\tto cultivate a genetically modified food crop on the basis that all dealings with the crop will be undertaken by the same person (or by a person or person acting on behalf of the same person) under a closed loop system that includes processes and procedures designed to ensure the segregation of the crop, and of any GM related material, from other crops, materials, products or things in order to preserve the identity of those other crops, materials, products or things; and\n\t(b)\tthe Minister is satisfied that it is reasonable that the exemption be granted after taking into account market requirements.\n\t(3)\tThe Minister must, before granting an exemption under subsection (2)(a)(ii) or (iii), consult with the Advisory Committee and take into account any advice provided by the Advisory Committee in relation to the matter.\n\t(4)\tAn exemption may be granted by the Minister on such conditions as the Minister thinks fit.\n\t(5)\tThe Minister may, by further notice published in the Gazette—\n\t(a)\tvary or revoke an exemption; or\n\t(b)\tvary or revoke a condition of an exemption.\n\t(6)\tA person is guilty of an offence if the person contravenes, or fails to comply with, a condition of an exemption under this section.\nMaximum penalty: $200 000.\n7—Related matters\n\t(1)\tThe Minister may, before taking any action under this Part—\n\t(a)\tseek advice or submissions from any person or body;\n\t(b)\ttake such other action or initiate such other investigations as the Minister thinks fit.\n\t(2)\tThe regulations may prescribe fees or charges in relation to the assessment of applications, proposals or submissions furnished or made to the Minister with respect to the taking of any action (whether by the Governor or the Minister) under this Part.\n\t(3)\tA regulation under subsection (2) may—\n\t(a)\tprescribe differential fees or charges;\n\t(b)\tprovide for fees or charges to be determined according to prescribed factors, or according to the determination of the Minister.\n\t(4)\tThe Minister may require that any application, proposal or submission made for the purposes of this Part be made in a manner and form determined by the Minister.\nPart 3—Administration\nDivision 1—GM Crop Advisory Committee\n8—Establishment of Advisory Committee\n\t(1)\tThe GM Crop Advisory Committee is established.\n\t(2)\tThe Advisory Committee has the functions assigned to the Advisory Committee by this Act or the Minister.\n9—Membership of Advisory Committee\n\t(1)\tThe Advisory Committee consists of between 9 and 11 members appointed by the Minister of whom—\n\t(a)\tat least 1 must have appropriate knowledge of, and experience in dealing with, issues surrounding the provision of seeds and propagating material within the primary production sector; and\n\t(b)\tat least 1 must have appropriate knowledge of, and experience in, the production of crops generally; and\n\t(c)\tat least 1 must have a particular interest in the production of crops that are GM‑free; and\n\t(d)\tat least 1 must have appropriate knowledge of, and experience in, the handling, transportation, storage and delivery of crops and associated products; and\n\t(e)\tat least 1 must have appropriate knowledge of, and experience in, the marketing of crops and associated products; and\n\t(f)\t1 must be a person who is engaged in the administration of this Act; and\n\t(g)\t1 must be a person who is directly involved in exporting, wholesaling or retailing food or food products.\n\t(1a)\tThe Minister will appoint a member of the Advisory Committee to be the presiding member of the committee.\n\t(2)\tAt least 2 members of the Advisory Committee must be women and at least 2 members must be men.\n10—Terms and conditions of membership\n\t(1)\tA member of the Advisory Committee will be appointed on conditions determined by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(2)\tThe Minister may appoint a suitable person to be the deputy of a member of the Advisory Committee and the deputy may act as a member of the Advisory Committee during any period of absence of the member.\n\t(3)\tThe Minister may remove a member of the Advisory Committee from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(4)\tThe office of a member of the Advisory Committee becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office under subsection (3).\n11—Remuneration\nA member of the Advisory Committee is entitled to remuneration, allowances and expenses determined by the Minister.\n12—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Advisory Committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with the public or persons engaged in or associated with the industry in which the member works generally, or a substantial section of the public or such persons.\n13—Validity of acts\nAn act or proceeding of the Advisory Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n14—Procedures\n\t(1)\tA quorum of the Advisory Committee consists of 6 members.\n\t(2)\tIf the presiding member of the Advisory Committee is absent from a meeting of the Advisory Committee, a member chosen by the members present at the meeting will preside.\n\t(3)\tA decision carried by a majority of the votes cast by the members present at a meeting of the Advisory Committee is a decision of the Advisory Committee.\n\t(4)\tEach member present at a meeting of the Advisory Committee has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(5)\tA conference by telephone or other electronic means between the members of the Advisory Committee will, for the purposes of this section, be taken to be a meeting of the Advisory Committee at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Advisory Committee for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of the Advisory Committee becomes a valid decision of the Advisory Committee despite the fact that it is not voted on at a meeting of the Advisory Committee if—\n\t(a)\tnotice of the proposed resolution is given to all members of the Advisory Committee in accordance with procedures determined by the Advisory Committee; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission or other written communication setting out the terms of the resolution.\n\t(7)\tThe Advisory Committee must have accurate minutes kept of its meetings.\n\t(8)\tSubject to this Act, the Advisory Committee may determine its own procedures.\n15—Expert and other assistance\nThe Advisory Committee may, in connection with the performance of its functions—\n\t(a)\tengage experts or consultants;\n\t(b)\tseek advice or submissions from any person or body;\n\t(c)\tundertake inquiries or initiate investigations;\n\t(d)\tinform itself of any matter in any other manner, as it thinks fit.\nDivision 2—Inspectors and powers of inspection\n16—Appointment of inspectors\n\t(1)\tThe Minister may appoint persons to be inspectors for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions or limitations specified in the instrument of appointment.\n\t(3)\tAn inspector must be issued with an identity card containing a recent photograph of the inspector.\n\t(4)\tAn inspector must carry his or her identity card at all times when exercising or performing powers or functions as an inspector.\n\t(5)\tThe Minister may vary or revoke an appointment at any time.\n17—Powers of inspectors and related matters\n\t(1)\tThis Act is to be read as if Part 11 Divisions 3 to 5 (inclusive) and 7 to 11 (inclusive) of the Gene Technology Act 2001 were incorporated into this Act, subject to any modifications, additions or exclusions prescribed by regulation, together with any definitions contained in the Gene Technology Act 2001 of terms used in those provisions.\n\t(2)\tWithout limiting subsection (1), the grounds on which an inspector may enter any premises will be taken to include to determine whether there is an actual or potential risk to a market from the presence of a crop, GMO or GM related material on the premises.\nPart 4—Miscellaneous\n18—Orders for destruction of crops or material\n\t(1)\tThe Minister may, by instrument in writing—\n\t(a)\torder the destruction of a crop if the Minister is satisfied that the crop has been cultivated or dealt with in contravention of this Act;\n\t(b)\torder the destruction of any GM related material if the Minister is satisfied that the material has been produced, used or dealt with in contravention of this Act, or is associated with any crop that has been cultivated or dealt with in contravention of this Act.\n\t(2)\tFor the purpose of giving effect to an order under this section, an inspector may, by force of this section—\n\t(a)\tenter the land on which any crop or GM related material is situated and, if necessary, enter premises on the land; and\n\t(b)\tseize any crop or GM related material; and\n\t(c)\tdestroy any crop or GM related material, either on the land or elsewhere.\n\t(3)\tHowever, before an inspector takes action to seize or destroy a crop or GM related material under subsection (2), the inspector must ensure that an owner or occupier of the land has been given a reasonable opportunity to take action to remove or destroy the crop or GM related material in response to the particular order.\n\t(4)\tThe reasonable costs and expenses incurred by an inspector or the Department in taking action under this section may be recovered by the Minister as a debt from the person who has acted in contravention of this Act.\n\t(5)\tIf—\n\t(a)\ta person suffers loss or damage as a result of the exercise of powers under this section in relation to a crop or any GM related material; and\n\t(b)\tproceedings for an offence against this Act involving the relevant crop or material have not been commenced within 12 months after the exercise of powers under this section, or such proceedings are commenced within that time but those proceedings are subsequently discontinued or the defendant is acquitted,\nthen the person who has suffered the loss or damage is entitled to reasonable compensation (payable by the Crown) for that loss or damage.\n\t(6)\tAn amount payable under subsection (5) (if any) may be recovered by the person as a debt from the Crown in a court of competent jurisdiction.\n19—Power of delegation\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n20—False or misleading information\nA person who furnishes information to the Minister or the Advisory Committee for the purposes of this Act that is false or misleading in a material particular is guilty of an offence.\nMaximum penalty: $10 000.\n21—Proceedings for offences\n\t(1)\tProceedings for an offence against this Act may only be commenced by—\n\t(a)\tthe Minister; or\n\t(b)\tthe Chief Executive of the Department; or\n\t(c)\tan inspector; or\n\t(d)\ta person acting with the authorisation in writing of the Minister.\n\t(2)\tAn apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n22—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of an offence against this Act (other than an offence against section 20 or an offence against the regulations), each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the member or the manager (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tA person may be prosecuted and convicted of an offence under this section whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.\n\t(3)\tThe regulations may make provision in relation to the criminal liability of a member of the governing body, or the manager, of a body corporate that is guilty of an offence against the regulations.\n23—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n24—Orders on conviction for an offence\n\t(1)\tIf a person is convicted of an offence against this Act, the court by which the conviction is recorded may, in addition to any penalty that it may impose, do one or more of the following:\n\t(a)\torder the person to take specified action to make good any contravention or default on which the conviction is based in a manner, and within a period, specified by the court (including an order that the person destroy any crop that has been found to have been cultivated in contravention of this Act, or that the person deal with or destroy any GM related material);\n\t(b)\torder the person to pay to the Crown an amount determined by the court to be equal to a fair assessment of any financial benefit that the person, or an associate of the person, has gained, or can reasonably be expected to gain, as a result of the commission of the offence;\n\t(c)\torder the person to pay to any person who has suffered loss or damage as a result of any contravention or default on which the conviction is based, or who has incurred costs or expenses as a result of any such contravention or default, compensation for the loss or damage or an amount for or towards those costs or expenses.\n\t(2)\tFor the purposes of subsection (1)(b), a person is an associate of another if—\n\t(a)\tthey are married or domestic partners; or\n\t(b)\tone is the parent, child, brother or sister of the other; or\n\t(c)\tthey are in partnership; or\n\t(d)\tthey are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or\n\t(e)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or\n\t(f)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5 per cent or more of the share capital of the body corporate or other entity; or\n\t(g)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(h)\ta relationship of a prescribed kind exists between them; or\n\t(i)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(3)\tFor the purposes of subsection (2)(d), a beneficiary of a trust includes an object of a discretionary trust.\n\t(4)\tIn this section—\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not.\n25—Evidentiary provision\nIn any proceedings, a certificate executed by the Minister certifying as to a matter relating to—\n\t(a)\ta delegation, authority or appointment under this Act; or\n\t(b)\tany requirement to consult with the Advisory Committee under this Act; or\n\t(c)\tthe details of any analysis carried out on a sample of a crop or other material,\nconstitutes proof, in the absence of proof to the contrary, of the matter so certified.\n26—Immunity from liability\n\t(3)\tNo liability attaches to the Crown (or to the Minister) by virtue of the fact—\n\t(a)\tthat the Governor has made a regulation under Part 2; or\n\t(b)\tthat the Minister has made a recommendation, declaration or determination, or granted an exemption, under Part 2.\n27—Special protection from liability for the spread of genetically modified plant material\n\t(1)\tIn this section—\n\t(a)\tgenetically modified plant material means—\n\t(a)\ta plant or propagating material that is a GMO, or that is derived or produced from a GMO; or\n\t(b)\ta GMO that is capable of modifying a plant or propagating material;\n\t(b)\tpropagating material means seed or other material from which a plant can be propagated.\n\t(2)\tIf—\n\t(a)\tgenetically modified plant material is present on any land; and\n\t(b)\tthe existence of the material on the land is attributable to the spread, dissemination or persistence of the material; and\n\t(c)\tthe original introduction of such material to the land was not knowingly undertaken by or on behalf of any person who is, or who has been, an owner or occupier of the land,\nthen no action may be brought in a South Australian court or under South Australian law against a person who is an owner or occupier of the land on account of the fact—\n\t(d)\tthat the material is present on the land; or\n\t(e)\tthat the person has dealt with the material.\n\t(3)\tSubsection (2) does not apply if the relevant court is satisfied—\n\t(a)\tthat a person who is an owner or occupier of the relevant land has deliberately dealt with a crop knowing that genetically modified plant material was present in order to gain a commercial benefit; and\n\t(b)\tthat, in the interests of justice, another person's rights with respect to that material should be recognised or protected.\n\t(4)\tThis section extends to any case where genetically modified plant material was present on land before the commencement of this Act.\n28—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe requirements with respect to the analysis, examination or assessment of any crops, GMOs or GM related material;\n\t(b)\trequire the keeping of records and other information in connection with any activity associated with crops, GMOs or GM related material;\n\t(c)\trequire the provision of any report, statement, document or other information in connection with the administration or operation of this Act;\n\t(d)\tprohibit, restrict or regulate any dealing with any crop, GMOs or GM related material;\n\t(e)\tprescribe requirements with respect to the preservation of the source, nature or identity of any material;\n\t(f)\trequire the giving of notice of the occurrence of any prescribed class of event, or the giving of notice in prescribed circumstances;\n\t(g)\tprescribe any procedure associated with any process under this Act (including by making provision as to what constitutes the giving of public notice for the purposes of this Act);\n\t(h)\tfix fees or charges to be paid in relation to any matter associated with the administration or operation of this Act;\n\t(i)\tprovide for evidence in proceedings for an offence against the regulations;\n\t(j)\tprescribe fines, not exceeding $10 000, for a contravention of, or failure to comply with, a regulation.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general or limited application; and\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations; and\n\t(d)\tmay apply or incorporate, wholly or partially and with or without modification, a code, standard or policy (as in force at the date of the particular regulations, or as in force from time to time) prepared or published by the Minister or any other person or body prescribed by the regulations.\n29—Review of Act\n\t(1)\tThe Minister must, within 4 years after the commencement of this Act, cause a review of this Act to be undertaken.\n\t(2)\tThe outcome of the review must be incorporated into a report and the Minister must ensure that a copy of the report is laid before each House of Parliament.\nSchedule 1—Transitional provisions\n1—Interim controls\n\t(3)\tSubsection (3) of section 6 does not apply with respect to an exemption that comes into operation on the day on which that section comes into operation.\n2—Crops established before commencement of Act\n\t(1)\tA regulation, declaration or determination under this Act may apply to or in relation to a crop or any GM related material planted or in existence before the commencement of this Act.\n\t(2)\tHowever, a regulation within the ambit of subclause (1) cannot impose a criminal liability on a person with respect to an act or omission occurring before the making of the regulation (but this subclause does not operate with respect to a continuing act or omission after the making of the regulation).\n3—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act or the Genetically Modified Crops Management (Designated Area) Amendment Act 2020 (as the case may be).\n\t(2)\tA provision of a regulation under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or the Genetically Modified Crops Management (Designated Area) Amendment Act 2020 (as the case requires) or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n8\nGenetically Modified Crops Management Act 2004\n8.4.2004\n29.4.2004 (Gazette 22.4.2004 p1086)\n2006\n34\nGenetically Modified Crops Management (Extension of Review Period and Controls) Amendment Act 2006\n14.12.2006\n1.1.2007: s 2\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 40 (s 115)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 69 (ss 165 & 166)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n16\nStatutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 23 (s 47)—17.6.2013 (Gazette 6.6.2013 p2498)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 17 (ss 88 & 89)—1.7.2015 (Gazette 25.6.2015 p3076)\n2020\n13\nGenetically Modified Crops Management (Designated Area) Amendment Act 2020\n15.5.2020\nPt 2 (s 6)—15.5.2020: s 2(1); ss 4, 5, 7 & 8—15.11.2020: s 2(2)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.1.2007\ns 3\n\n\ns 3(1)\n\n\ncultivate\namended by 13/2020 s 4(1)\n15.11.2020\ndesignated area\namended by 13/2020 s 4(2)\n15.11.2020\nPt 2\n\n\ns 5\n\n\ns 5(1)\nsubstituted by 13/2020 s 5(1)\n15.11.2020\ns 5(2)—(11)\ndeleted by 13/2020 s 5(1)\n15.11.2020\ns 5(12)\namended by 13/2020 s 5(2)\n15.11.2020\n\n(b) deleted by 13/2020 s 5(3)\n15.11.2020\ns 5A\ninserted by 13/2020 s 6\n15.5.2020\ns 6\n\n\ns 6(1)\namended by 13/2020 s 7\n15.11.2020\nPt 3\n\n\ns 9\n\n\ns 9(1)\nsubstituted by 8/2015 s 88\n1.7.2015\ns 9(1a)\ninserted by 8/2015 s 88\n1.7.2015\ns 10\n\n\ns 10(1)—(3)\namended by 8/2015 s 89\n1.7.2015\ns 12\nsubstituted by 84/2009 s 165\n1.2.2010\nPt 4\n\n\ns 22\n\n\ns 22(1)\nsubstituted by 16/2013 s 47(1)\n17.6.2013\ns 22(3)\ninserted by 16/2013 s 47(2)\n17.6.2013\ns 24\n\n\ns 24(2)\namended by 43/2006 s 115(1)\n1.6.2007\ns 24(4)\ninserted by 43/2006 s 115(2)\n1.6.2007\ns 26\n\n\ns 26(1) and (2)\ndeleted by 84/2009 s 166(1)\n1.2.2010\ns 26(3)\namended by 84/2009 s 166(2)\n1.2.2010\ns 29\n\n\ns 29(1)\namended by 34/2006 s 4\n1.1.2007\nSch 1\n\n\ncl 1\n\n\ncl 1(1)\ndeleted by 13/2020 s 8(1)\n15.11.2020\ncl 1(2)\namended by 34/2006 s 5\n1.1.2007\n\ndeleted by 13/2020 s 8(1)\n15.11.2020\ncl 3\n\n\ncl 3(1)\namended by 13/2020 s 8(2)\n15.11.2020\ncl 3(2)\namended by 13/2020 s 8(3)\n15.11.2020\nTransitional etc provisions associated with Act or amendments\nGenetically Modified Crops Management Regulations (Postponement of Expiry) Act 2017\n2—Postponement of expiry of regulations\n\t(1)\tPart 3A of the Subordinate Legislation Act 1978 does not apply to the Genetically Modified Crops Management Regulations 2008.\n\t(2)\tThe Genetically Modified Crops Management Regulations 2008 will expire on 1 September 2025.\nHistorical versions\n1.1.2007\n\n1.6.2007\n\n1.2.2010\n\n17.6.2013\n\n1.7.2015\n\n15.5.2020\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's core purpose — to preserve the market identity of GM and non‑GM food crops and provide for segregation and related enforcement — remains the same as originally enacted. Amendments (notably the 2020 Designated Area Amendment) added a specific automatic designation for Kangaroo Island (section 5(1) as amended) and created a mechanism for councils to apply for designation of their areas (section 5A), and made drafting changes to definitions and transitional provisions. Those changes expand the Act's practical reach and local‑level implementation mechanisms but do not alter its principal objective or convert it into a materially different regulatory regime. The Act retains broad Ministerial discretion over thresholds, exemptions and regulations (sections 4, 6, 28), and the amendments clarified and operationalised how local designations and exemptions are to be processed rather than changing the statutory purpose."},"complexity_factors":["Multiple defined terms that reference and import definitions from the Gene Technology Act 2001 (e.g. GMO, GMO licence) (section 3 and section 17(1))","Cross-references to external legislation (Gene Technology Act 2001) for inspection powers and definitions (section 17(1); section 3 definitions)","Discretionary executive powers scattered across the Act (Minister can declare thresholds (s4), designate areas on council application (s5A), grant/condition/revoke exemptions (s6), delegate (s19), and make regulations (s28))","Significant administrative detail for an advisory body (GM Crop Advisory Committee) including minimum and maximum membership, composition requirements, gender minimums, quorum and procedural rules (sections 8–15 and section 9)","Wide enforcement architecture with high penalties, continuing offences and corporate liability with due‑diligence defence (sections 5, 5A, 22, 23)","Power to seize/destroy crops with recovery of costs and limited Crown compensation creates conditional remedies and evidentiary requirements (sections 18 and 25)","Regulations may incorporate external codes/standards and permit delegation of discretionary matters to the Minister or others, increasing secondary‑law complexity (section 28(3)(d) and (c))","Transitional provisions and temporal conditions (Schedule 1) that affect application to pre-existing crops and exemptions (Schedule 1, and s5A commencement-day technicality)","Conditional exemptions with multiple routes (experimental under licence, contained sites, closed-loop systems) and consultation requirements before some exemptions are granted (section 6(2)-(3))"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Designates areas where genetically modified (GM) food crops cannot be grown. Kangaroo Island is automatically a GM-free area (section 5(1)). Councils can apply to the Minister to have their council area designated GM-free (section 5A).\n- Gives the Minister power to set tolerances (thresholds) for trace amounts of GM material that may be ignored for the Act's purposes (section 4).\n- Allows the Minister to grant limited exemptions (published in the Gazette) for experimental, contained or \"closed-loop\" GM cultivation (section 6). Exemptions can be conditional, varied or revoked (section 6(4)-(5)).\n- Establishes a GM Crop Advisory Committee to advise the Minister, with rules on membership, quorum and procedures (Part 3 Division 1, especially sections 8–15 and 9).\n- Creates powers for inspectors (appointed by the Minister) to inspect, seize and, in some cases, destroy crops or GM-related materials that contravene the Act; those powers incorporate inspection provisions from the Gene Technology Act 2001 (sections 16–17 and section 17(1) referencing that Act). Inspectors may enter premises to determine actual or potential market risk from GM presence (section 17(2)).\n- Authorises the Minister or courts to order destruction or other remedial action for contraventions; costs of government action can be recovered from the offender and limited Crown compensation is available in specified circumstances (sections 18 and 24).\n- Sets criminal penalties for unlawful cultivation in designated areas and for failing to comply with exemption conditions (maximum penalties up to $200,000 for major offences; see sections 5(12), 5A(8) and 6(6)).\n- Provides protections for landowners/occupiers who find GM material on their land that arrived through spread and not by their own introduction (section 27).\n- Allows broad regulation-making power covering testing, record-keeping, fees, prohibitions and incorporation of codes or standards (section 28).\n- Requires a statutory review of the Act to be undertaken and reported to Parliament (section 29).\n\nWho this affects\n\n- Primary producers (farmers and seed producers) operating in or near designated areas: they are restricted from cultivating GM food crops in designated areas and face penalties for non‑compliance (sections 5, 5A, 6).\n- Councils and local communities: councils can apply for designation of their area and must consult their communities before doing so (section 5A(1)–(2)).\n- Businesses in the supply chain (transport, storage, marketing, exporters): their market requirements are a statutory consideration when the Minister decides on exemptions and thresholds (see sections 6(2)(b) and 5A(3)). The Advisory Committee must include persons with relevant experience (section 9(d)-(g)).\n- Landowners and occupiers: they acquire limited immunity from civil action when GM material appears on their land through spread, unless they deliberately deal with it to gain commercial benefit (section 27).\n- The Crown and Minister: given statutory immunity for making regulations or decisions under Part 2 (section 26(3)), and potential exposure to compensation obligations in limited circumstances (section 18(5)).\n\nWhy it matters (official purpose, then practical implications)\n\n- Officially: the Act aims to preserve the \"identity\" of food crops for marketing — distinguishing GM and non-GM crops — to enable segregation where necessary and to manage the spread of GM plant material (Objects in the Act heading; see also Part 2 provisions).\n\n- Practical implications and trade-offs (tested against costs, incentives and implementation factors):\n  - Who pays: growers who contravene designated-area prohibitions or exemption conditions face the principal financial burdens — fines (up to $200,000), recovery of government costs for seizure/destruction (section 18(4)), and possible court-ordered compensation/forfeiture of benefits (section 24(1)(b)-(c)). The Crown can be liable for compensation where seizure/destruction occurs but no prosecution follows within 12 months (section 18(5)).\n  - Who decides: the Minister holds substantial discretionary powers — to publish thresholds (section 4), designate council areas (on application) and grant/condition exemptions (sections 5A and 6), to delegate functions (section 19), and to make regulations (section 28). Councils can initiate local designation by applying (section 5A(1)). The Advisory Committee is an advisory body; it must be consulted on some decisions (sections 5A(3), 6(3)).\n  - Behaviour changes required: producers in designated areas must avoid planting GM food crops (sections 5 and 5A). Those who wish to work with GM crops in such areas must seek narrow exemptions (section 6) — for example, limited experiments under a GMO licence, contained cultivation at specified places, or closed-loop systems where a single operator controls all dealings (section 6(2)(a)). Record-keeping, testing and compliance with inspection powers become routine where regulation prescribes them (section 28).\n  - Compliance and administrative costs: the Act creates inspection, testing and administrative regimes (sections 16–17, 25, 28). Producers wanting exemptions or to contest designations will incur application costs and may face fees (section 7(2)–(3), section 28(2)(h)).\n  - Effects on private enterprise and markets: restriction of cultivation in designated areas reduces options available to growers in those areas and may preserve particular market outlets (e.g. export or premium non‑GM markets). Conversely, the Act preserves the ability of non‑GM supply chains to assert identity, which can be a market value. Closed-loop exemptions (section 6(2)(a)(iii)) permit vertically integrated GM activity where segregation can be guaranteed, enabling some commercial uses while protecting other supply chains.\n  - Bureaucratic discretion and uncertainty: many consequential powers are delegated to the Minister and the regulations, including the ability to adopt codes and standards and to determine fees — presenting potential uncertainty for businesses until regulations and thresholds are set (section 28(3)(c); section 4). The Advisory Committee can provide advice but the Minister retains decision-making power (sections 5A(3), 6(3)).\n  - Enforcement risks and legal protections: inspectors can seize and destroy crops (section 18(2)), but owners/occupiers receive limited immunity from civil suits when GM material is present through spread (section 27). The Crown has limited liability for having made regulations or decisions under Part 2 (section 26(3)). These provisions reallocate some implementation and litigation risks between private parties and the State.\n\nImplementation notes and evidentiary rules\n\n- The Act cross-references the Gene Technology Act 2001 for definitions and inspection powers (section 3 definitions of GMO/GMO licence; section 17(1)); scientific testing or analysis certificates from the Minister are given evidentiary weight (section 25). The regulations can prescribe record-keeping, reporting and testing requirements (section 28).\n\nBottom-line in one sentence: The Act creates a statutory system allowing areas to be declared GM-free (including Kangaroo Island and council-applied areas), empowers the Minister to set tolerances and grant narrow exemptions, sets up an advisory committee and inspectors, and provides enforcement tools (including destruction orders and heavy penalties) to preserve the market identity of GM versus non‑GM food crops while also protecting certain landholders from liability when GM material arrives by spread."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be reliably completed as the legislative text was not retrievable. Based on public knowledge, the Act has largely maintained its original purpose of managing GM crop cultivation in South Australia, though moratorium periods and permitted crop types have been varied over time through ministerial declarations rather than fundamental changes to the Act's scope."},"complexity_factors":["Legislation text was unavailable due to a broken/outdated URL returning a 404 error — full analysis impossible","The Act itself is relatively narrow in scope, dealing with a specific agricultural management issue","Interaction with federal gene technology regulation (OGTR/Gene Technology Act 2000) adds a layer of jurisdictional complexity","Ministerial discretion provisions can create uncertainty about what is permitted at any given time","Scientific and technical definitions (e.g. what constitutes a 'genetically modified organism') may require specialist knowledge to interpret"],"plain_english_summary":"The Genetically Modified Crops Management Act 2004 regulates whether and where genetically modified crops can be grown in South Australia, enabling moratoriums or zoning to protect a GM-free marketing status. It primarily affects farmers, seed suppliers and food producers, and matters for export markets and domestic labeling because it determines legal access to GM crop cultivation under ministerial control."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2004 form. The 2020 amendments fundamentally altered the mechanism for creating GM-free zones: originally, the Governor could designate areas by regulation (s 5(2)-(11)), but these provisions were deleted and replaced with a system where Kangaroo Island is automatically protected (s 5(1)) and councils can apply for designation (s 5A). This shifted power from the executive government to local government bodies. Additionally, the original Act had a 4-year review clause (since amended to accommodate extensions) and interim controls that have been modified multiple times. The legislative history shows six amendment Acts, indicating the framework has been repeatedly adjusted rather than remaining stable."},"complexity_factors":["Extensive cross-referencing to the federal Gene Technology Act 2001 (Cth) for definitions and inspection powers (s 3, s 17)","Nested conditional logic in exemption provisions requiring multiple cumulative criteria to be satisfied (s 6(2))","Complex transitional provisions with specific commencement dates and retrospective operation rules (Schedule 1, particularly clauses affected by the 2020 amendments)","Detailed membership requirements for the Advisory Committee with quotas for gender and specific expertise areas (s 9)","Incorporation of external legislative provisions by reference with modifications (s 17(1) importing Parts of the Gene Technology Act)","Multiple overlapping offence provisions with different penalty structures and continuing offence mechanisms (ss 5, 5A, 6, 20, 22, 23)","Sophisticated liability shield provisions with exceptions (s 27) and immunity clauses (s 26)","Detailed definition of 'associate' for proceeds of crime-style orders (s 24(2)) with 9 separate categories of relationship"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law creates a system to keep genetically modified (GM) food crops separate from non-GM crops, mainly to protect marketing opportunities for farmers who want to sell GM-free produce.\n\n**Key features:**\n\n*   **GM-free zones:** Kangaroo Island is automatically designated as a GM-free area where no GM food crops can be grown. Local councils can also apply to have their entire area declared GM-free (though applications had to be made before a specific cutoff date).\n*   **Exemptions:** The Minister can grant exemptions to allow limited GM crop cultivation for research, contained experiments, or \"closed loop\" systems where the GM crop never mixes with other crops.\n*   **Advisory Committee:** A committee of 9-11 experts (including farmers, marketers, and GM-free advocates) advises the Minister on these decisions.\n*   **Inspection and enforcement:** Appointed inspectors can enter properties to check for compliance, and the Minister can order destruction of illegal GM crops. Penalties for growing GM crops in prohibited areas can reach $200,000.\n*   **Protections for landowners:** Special rules protect landowners from being sued if GM plant material spreads onto their property accidentally (unless they deliberately exploit it for commercial gain).\n\n**Who it affects:**\n\n*   Farmers and primary producers in South Australia\n*   Local councils seeking to establish GM-free zones\n*   Researchers working with GM crops\n*   Food processors and exporters\n\n**Why it matters:**\n\nThe law attempts to balance two competing interests: allowing agricultural innovation through GM technology while protecting the economic interests of farmers who rely on GM-free certification for premium markets (particularly export markets). It reflects South Australia's historically cautious approach to GM crops compared to other Australian states."}},"importantCases":[],"_links":{"self":"/api/acts/genetically-modified-crops-management-act-2004","history":"/api/acts/genetically-modified-crops-management-act-2004/history","analysis":"/api/acts/genetically-modified-crops-management-act-2004/analysis","conflicts":"/api/acts/genetically-modified-crops-management-act-2004/conflicts","importantCases":"/api/acts/genetically-modified-crops-management-act-2004/important-cases","documents":"/api/acts/genetically-modified-crops-management-act-2004/documents"}}