Part 1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth act
The Gene Technology Act 2000 regulates who may work with genetically modified organisms (GMOs) to protect human and animal health and the environment. It makes most dealings with GMOs unlawful without regulatory approval, enforces compliance through conditions and penalties, and empowers an independent Gene Technology Regulator to assess risks, certify facilities, and maintain a public register. The Act applies to researchers, industry, farmers, importers and anyone handling GMOs, embeds a precautionary approach, and provides emergency powers for urgent responses.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Gene Technology Act 2000.
This Act may be cited as the Gene Technology Act 2000.
(1) Sections 1 and 2 of this Act commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision of this Act does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs.
The object of this Act is to be achieved through a regulatory framework which: (aa) provides that where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing cost‑effective measures to prevent environmental degradation; and (a) provides an efficient and effective system for the application of gene technologies; and (b) operates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GM products. Note: Examples of the schemes mentioned in paragraph (b) are those that regulate food, agricultural and veterinary chemicals, industrial chemicals and therapeutic goods.
It is the intention of the Parliament that this Act form a component of a nationally consistent scheme for the regulation of certain dealings with GMOs by the Commonwealth and the States.
(1) This Act binds the Crown in each of its capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
(1) Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2) If a maximum penalty is specified: (a) at the foot of a section of this Act (other than a section that is divided into subsections); or (b) at the foot of a subsection of this Act; then: (c) a person who contravenes the section or subsection commits an offence punishable, on conviction, by a penalty not exceeding the specified penalty; or (d) the offence referred to in the section or subsection is punishable, on conviction, by a penalty not exceeding the specified penalty.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Gene Technology Act 2000.
(1) Sections 1 and 2 of this Act commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision of this Act does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs.
The object of this Act is to be achieved through a regulatory framework which: (aa) provides that where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing cost‑effective measures to prevent environmental degradation; and (a) provides an efficient and effective system for the application of gene technologies; and (b) operates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GM products. Note: Examples of the schemes mentioned in paragraph (b) are those that regulate food, agricultural and veterinary chemicals, industrial chemicals and therapeutic goods.
It is the intention of the Parliament that this Act form a component of a nationally consistent scheme for the regulation of certain dealings with GMOs by the Commonwealth and the States.
(1) This Act binds the Crown in each of its capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
(1) Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2) If a maximum penalty is specified: (a) at the foot of a section of this Act (other than a section that is divided into subsections); or (b) at the foot of a subsection of this Act; then: (c) a person who contravenes the section or subsection commits an offence punishable, on conviction, by a penalty not exceeding the specified penalty; or (d) the offence referred to in the section or subsection is punishable, on conviction, by a penalty not exceeding the specified penalty.
An Act to regulate activities involving gene technology, and for related purposes
This Act may be cited as the Gene Technology Act 2000.
(1) Sections 1 and 2 of this Act commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision of this Act does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs.
The object of this Act is to be achieved through a regulatory framework which: (aa) provides that where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing cost‑effective measures to prevent environmental degradation; and (a) provides an efficient and effective system for the application of gene technologies; and (b) operates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GM products. Note: Examples of the schemes mentioned in paragraph (b) are those that regulate food, agricultural and veterinary chemicals, industrial chemicals and therapeutic goods.
It is the intention of the Parliament that this Act form a component of a nationally consistent scheme for the regulation of certain dealings with GMOs by the Commonwealth and the States.
(1) This Act binds the Crown in each of its capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
(1) Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2) If a maximum penalty is specified: (a) at the foot of a section of this Act (other than a section that is divided into subsections); or (b) at the foot of a subsection of this Act; then: (c) a person who contravenes the section or subsection commits an offence punishable, on conviction, by a penalty not exceeding the specified penalty; or (d) the offence referred to in the section or subsection is punishable, on conviction, by a penalty not exceeding the specified penalty.
The following is a simplified outline of this Part:
This Part contains the definitions used in this Act.
This Part contains provisions to facilitate the conferral of functions and powers on the Regulator under State legislation, in order to facilitate a nationally consistent regulatory scheme.
This Part contains provisions to enable the concurrent operation of certain State legislation in relation to GMOs, and gives the capacity for this Act to have a more limited operation when corresponding State legislation is in force.
This Part also enables the Ministerial Council to issue policy principles, policy guidelines and codes of practice.
(1) In this Act, unless the contrary intention appears:
Account means the Gene Technology Account established by section 129.
accredited organisation means an organisation accredited under Division 3 of Part 7.
aggravated offence has the meaning given by section 38.
Australian Health Ethics Committee means the Australian Health Ethics Committee established under the National Health and Medical Research Council Act 1992.
Commonwealth authority means the following:
(a) a body corporate established for a public purpose by or under an Act;
(b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Commonwealth;
(ii) a body covered by paragraph (a);
(iii) a body covered by either of the above subparagraphs.
confidential commercial information means information declared by the Regulator to be confidential commercial information under section 185.
containment level, in relation to a facility, means the degree of physical confinement of GMOs provided by the facility, having regard to the design of the facility, the equipment located or installed in the facility and the procedures generally used within the facility.
corresponding State law has the meaning given by section 12.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
deal with, in relation to a GMO, means the following:
(a) conduct experiments with the GMO;
(b) make, develop, produce or manufacture the GMO;
(c) breed the GMO;
(d) propagate the GMO;
(e) use the GMO in the course of manufacture of a thing that is not the GMO;
(f) grow, raise or culture the GMO;
(g) import the GMO;
(h) transport the GMO;
(i) dispose of the GMO;
and includes the possession, supply or use of the GMO for the purposes of, or in the course of, a dealing mentioned in any of paragraphs (a) to (i).
eligible person, in relation to a reviewable decision, has the meaning given by section 179.
emergency dealing determination means a determination in force under section 72B.
environment includes:
(a) ecosystems and their constituent parts; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas.
Environment Minister means the Minister responsible for environment and conservation.
Ethics and Community Committee means the Gene Technology Ethics and Community Consultative Committee established by section 106.
evidential material means any of the following:
(a) a thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed;
(b) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of any such offence;
(c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing any such offence.
facility includes, but is not limited to, the following:
(a) a building or part of a building;
(b) a laboratory;
(c) an aviary;
(d) a glasshouse;
(e) an insectary;
(f) an animal house;
(g) an aquarium or tank.
gene technology means any technique for the modification of genes or other genetic material, but does not include:
(a) sexual reproduction; or
(b) homologous recombination; or
(c) any other technique specified in the regulations for the purposes of this paragraph.
Gene Technology Agreement means the Gene Technology Agreement made for the purposes of this Act between the Commonwealth and at least 4 States, as in force from time to time.
Gene Technology Technical Advisory Committee means the Gene Technology Technical Advisory Committee established by section 100.
genetically modified organism means:
(a) an organism that has been modified by gene technology; or
(b) an organism that has inherited particular traits from an organism (the initial organism), being traits that occurred in the initial organism because of gene technology; or
(c) anything declared by the regulations to be a genetically modified organism, or that belongs to a class of things declared by the regulations to be genetically modified organisms;
but does not include: (d) a human being, if the human being is covered by paragraph (a) only because the human being has undergone somatic cell gene therapy; or (e) an organism declared by the regulations not to be a genetically modified organism, or that belongs to a class of organisms declared by the regulations not to be genetically modified organisms.
GMO means a genetically modified organism.
GMO licence means a licence issued under section 55.
GMO Register means the GMO Register established by section 76.
GM product means a thing (other than a GMO) derived or produced from a GMO.
higher education institution means an institution within the meaning of section 4 of the Higher Education Funding Act 1988, but does not include the Australian National University.
inadvertent dealings application means an application for a GMO licence to which Division 3 or 4 of Part 5 does not apply because of the operation of section 46A or 49.
Institutional Biosafety Committee means a committee established as an Institutional Biosafety Committee in accordance with written guidelines issued by the Regulator under section 98.
jurisdiction means the following:
(a) the Commonwealth;
(b) a State.
licence holder means the holder of a GMO licence.
Ministerial Council means the Ministerial Council within the meaning of the Gene Technology Agreement.
notifiable low risk dealing has the meaning given by section 74.
officer, in relation to the Commonwealth, includes the following:
(a) a Minister;
(b) a person who holds:
(i) an office established by or under an Act; or
(ii) an appointment made under an Act; or
(iii) an appointment made by the Governor‑General or a Minister but not under an Act;
(c) a person who is a member or officer of a Commonwealth authority;
(d) a person who is in the service or employment of the Commonwealth or of a Commonwealth authority, or is employed or engaged under an Act.
organism means any biological entity that is:
(a) viable; or
(b) capable of reproduction; or
(c) capable of transferring genetic material.
person covered by a GMO licence means a person authorised by a GMO licence to deal with a GMO.
premises includes the following:
(a) a building;
(b) a place (including an area of land);
(c) a vehicle;
(d) a vessel;
(e) an aircraft;
(f) a facility;
(g) any part of premises (including premises referred to in paragraphs (a) to (f)).
Record means the Record of GMO Dealings mentioned in section 138.
Regulator means the Gene Technology Regulator appointed under section 118.
reviewable decision has the meaning given by section 179.
State includes the Australian Capital Territory and the Northern Territory.
State agency means the following:
(a) the Crown in right of a State;
(b) a Minister of a State;
(c) a State Government Department;
(d) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;
(e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Crown in right of a State;
(ii) a person or body covered by paragraph (b) or (d);
(iii) a person or body covered by either of the above subparagraphs.
thing includes a substance, and a thing in electronic or magnetic form.
(2) If this Act requires or permits the Ministerial Council to do a thing, the Ministerial Council must do the thing in accordance with any requirements specified in the Gene Technology Agreement.
For the purposes of this Act, a dealing with a GMO involves the intentional release of the GMO into the environment if the GMO is intentionally released into the open environment, whether or not it is released with provision for limiting the dissemination or persistence of the GMO or its genetic material in the environment.
(1) For the purposes of this Act, corresponding State law means a State law that is declared by the Minister, by notice in the Gazette, to correspond to this Act and the regulations, including such a law as amended from time to time. (2) The Minister may revoke a Gazette notice under subsection (1) in relation to a State law only if: (a) the Minister is requested by the State concerned to revoke the notice; or (b) the State law has been amended otherwise than as agreed by a majority of the members of the Ministerial Council (being a majority that includes the Commonwealth) under the Gene Technology Agreement; or (c) amendments of the State law have been agreed by a majority of the members of the Ministerial Council (being a majority that includes
This is an opening excerpt, not the complete document.