Div 2Definitions

Division 2—Definitions 10—Definitions (1) In this Act, unless the contrary intention appears— accredited organisation means an organisation accredited under Division 3 of Part 7; aggravated offence has the meaning given by section 38; Commonwealth Act means the Gene Technology Act 2000 of the Commonwealth; Commonwealth authority means the following: (a) a body corporate established for a public purpose by or under a Commonwealth Act; (b) a company in which a controlling interest is held by any one of the following persons, or by two 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 Commonwealth emergency dealing determination, in relation to an emergency dealing determination under this Act, means a determination under section 72B of the Commonwealth Act that specifies the same kind of dealings as those proposed to be specified in, or specified in, the emergency dealing determination under this Act; 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 Australia means— (a) the Commonwealth department of that name; or (b) if there is no Commonwealth department of that name—a department or agency prescribed by the regulations for the purposes of this definition; Ethics and Community Committee means the Gene Technology Ethics and Community Consultative Committee established by section 106 of the Commonwealth Act; 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 Account means the Gene Technology Account established by section 129 of the Commonwealth Act; Gene Technology Agreement means the Gene Technology Agreement made for the purposes of this Act between the Commonwealth and at least four States, as in force from time to time; Gene Technology Technical Advisory Committee means the Gene Technology Technical Advisory Committee established by section 100 of the Commonwealth Act; 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 of the Commonwealth Act; GM product means a thing (other than a GMO) derived or produced from a GMO; 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) a State; or (b) the Commonwealth; licence holder means the holder of a GMO licence; local council means a council within the meaning of the Local Government Act 1999; 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 of the Crown in right of the Commonwealth; (b) a person who holds— (i) an office established by or under a Commonwealth Act; or (ii) an appointment made under a Commonwealth Act; or (iii) an appointment made by the Governor-General or a Minister of the Crown in right of the Commonwealth but not under a Commonwealth 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 a Commonwealth 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 of the Commonwealth Act; Regulator means the Gene Technology Regulator appointed under section 118 of the Commonwealth Act; 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 South Australia; (b) a Minister of the Crown in right of South Australia; (c) an administrative unit of the Public Service; (d) an instrumentality of the State of South Australia, including a body corporate established for a public purpose by or under a law of the State of South Australia; (e) a company in which a controlling interest is held by any one of the following persons, or by two or more of the following persons together: (i) the Crown in right of South Australia; (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; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (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. This section differs from section 10 of the Commonwealth Act. 11—Meaning of intentional release of a GMO into the environment 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. 12—Meaning of corresponding State law The Commonwealth Act includes a provision defining corresponding State law for the purposes of that Act.