Part 12Miscellaneous

Part 12—Miscellaneous 178—Simplified outline In outline, this Part provides for miscellaneous matters, including the following: (a) review of decisions; (b) provisions relating to confidential commercial information; (c) the making of regulations; (d) transitional provisions; (e) review of the operation of the Act. Division 2—Review of decisions 179—Meaning of terms The following table sets out— (a) decisions that are reviewable decisions; and (b) each eligible person in relation to a reviewable decision:

Reviewable decisions and eligible persons Item Decision Provision under which decision made Eligible person in relation to decision 1A To refuse to consider an application on the basis that the applicant is not a suitable person to hold a licence section 43(2)(f) the applicant To refuse to issue a licence section 55 the applicant for the licence To impose a licence condition section 55 To suspend or cancel a licence section 68 3A To refuse to transfer a licence section 70 an applicant for the transfer To vary a licence section 71 4A To refuse to vary a licence section 71 To refuse to certify a facility section 84 the applicant for certification To specify a condition of a certification section 86 To vary a certification section 87 7A To refuse to transfer a certification section 89A an applicant for the transfer To suspend or cancel a certification section 88 To refuse to accredit an organisation section 92 the applicant for accreditation To specify a condition of an accreditation section 94 To vary an accreditation section 95 To suspend or cancel an accreditation section 96 To refuse to declare information to be confidential commercial information section 185 the person who made an application under section 184 in relation to the information To revoke a declaration that information is confidential commercial information section 186 the person who made an application under section 184 in relation to the information 180—Notification of decisions and review rights (1) The Regulator must, as soon as practicable after making a reviewable decision, cause a notice in writing to be given to each eligible person in relation to the decision, containing— (a) the terms of the decision; and (b) the reasons for the decision; and (c) a statement setting out particulars of the person's review rights. (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision. 181—Internal review (1) An eligible person in relation to a reviewable decision (other than a decision made by the Regulator personally) may apply in writing to the Regulator for review (internal review) of the decision. (2) An application for internal review must be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such period (if any) as the Regulator, either before or after the end of that period, allows. (3) The Regulator must, on receiving an application, review the reviewable decision personally. (4) The Regulator may— (a) make a decision affirming, varying or revoking the reviewable decision; and (b) if the Regulator revokes the decision, make such other decision as the Regulator thinks appropriate. 182—Deadlines for making reviewable decisions If— (a) this Act provides for a person to make an application of any kind to the Regulator; and (b) a period is specified under this Act or the regulations for giving notice of the decision to the applicant; and (c) the Regulator has not notified the applicant of the Regulator's decision within that period, the Regulator is taken, for the purposes of this Act, to have made a reviewable decision to reject the application, and the person may seek internal review of the reviewable decision under section 181. 183—Review of decisions by South Australian Civil and Administrative Tribunal (1) An eligible person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of— (a) a reviewable decision made by the Regulator personally; or (b) a decision made by the Regulator under section 181 (which provides for internal review). (2) An application for review must be made within 28 days after the making of the decision the subject of the review. (3) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of persons who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal on a review under this section. (4) In any proceedings on a review under this section, the Tribunal may, if the President so determines, sit with 1 or more assessors from a panel. 183A—Extended standing for judicial review Section 183A of the Commonwealth Act requires that a State be taken to be a person aggrieved for the purpose of the application of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth in relation to certain decisions, failures or conduct under the Commonwealth Act or regulations. 183B—Interaction with Commonwealth law Nothing in this Division, or in any other provision of this Act, is intended to limit any right that a person may have under a law of the Commonwealth, or under the Constitution of the Commonwealth, to bring an action against the Regulator. Division 3—Confidential commercial information 184—Application for protection of confidential commercial information (1) A person may apply to the Regulator for a declaration that specified information to which this Act relates is confidential commercial information for the purposes of this Act. (2) An application under subsection (1) must be in writing in the form approved by the Regulator. 185—Regulator may declare that information is confidential commercial information (1) Subject to subsection (2), if the person satisfies the Regulator that the information specified in the application is— (a) a trade secret; or (b) any other information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or (c) other information that— (i) concerns the lawful commercial or financial affairs of a person, organisation or undertaking; and (ii) if it were disclosed, could unreasonably affect the person, organisation or undertaking, the Regulator must declare that the information is confidential commercial information for the purposes of this Act. (2) The Regulator may refuse to declare that the information is confidential commercial information if the Regulator is satisfied that the public interest in disclosure outweighs the prejudice that the disclosure would cause to any person. (2A) The Regulator must refuse to declare that information is confidential commercial information if the information relates to one or more locations at which field trials involving GMOs are occurring, or are proposed to occur, unless the Regulator is satisfied that significant damage to the health and safety of people, the environment or property would be likely to occur if the locations were disclosed. This means that, in general, information about sites where dealings with GMOs are occurring will be required to be disclosed under sections 54 and 138, unless the Regulator is satisfied that disclosure would involve significant risks to health and safety. (3) The Regulator must give the applicant written notice of the Regulator's decision about the application. (3A) If— (a) the Regulator declares that particular information is confidential commercial information; and (b) the information relates to one or more locations at which field trials involving GMOs are occurring, or are proposed to occur, the Regulator must make publicly available a statement of reasons for the making of the declaration, including, but not limited to— (c) the reasons why the Regulator was satisfied as mentioned in subsection (1); and (d) the reasons why the Regulator was not satisfied under subsection (2) that the public interest in disclosure of the information outweighed the prejudice that the disclosure would cause; and (e) the reasons why the Regulator was satisfied under subsection (2A) that significant damage to the health and safety of people, the environment or property would be likely to occur if the locations were disclosed. (3B) If— (a) a person has made an application under section 184 for a declaration that specified information is confidential commercial information; and (b) the Regulator has not yet made a decision on the application, the information is to be treated as confidential commercial information until the Regulator makes a decision on the application. (4) If the Regulator refuses an application under section 184(1) in relation to information, the information is to be treated as confidential commercial information until any review rights under section 181 or 183 in relation to the application are exhausted. 186—Revocation of declaration (1) The Regulator may, by written notice given to the applicant, revoke a declaration under section 185 if the Regulator is satisfied— (a) that the information concerned no longer satisfies section 185(1)(a), (b) or (c); or (b) that the public interest in disclosure of the information outweighs the prejudice that disclosure would cause to any person. (2) A revocation by the Regulator under subsection (1) does not take effect until any review rights under section 181 or 183 in relation to the revocation are exhausted. 187—Confidential commercial information must not be disclosed (1) A person who— (a) has confidential commercial information; and (b) has it only because of performing duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act; and (c) knows that the information is confidential commercial information, must not disclose the information except— (d) to any of the following in the course of carrying out duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act: (i) a State agency; (ii) the Commonwealth or a Commonwealth authority; (iii) the Gene Technology Technical Advisory Committee; or (e) by order of a court; or (f) with the consent of the person who applied to have the information treated as confidential commercial information. (2) A person who— (a) has confidential commercial information; and (b) has it because of a disclosure under subsection (1) or under this subsection; and (c) knows that the information is confidential commercial information, must not disclose the information except— (d) to any of the following in the course of carrying out duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act: (i) a State agency; (ii) the Commonwealth or a Commonwealth authority; (iii) the Gene Technology Technical Advisory Committee; or (e) by order of a court; or (f) with the consent of the person who applied to have the information treated as confidential commercial information. (3) For the purposes of the Freedom of Information Act 1991, a document containing information to which subsection (1) or (2) applies is an exempt document under that Act. court includes a tribunal, authority or person having power to require the production of documents or the answering of questions; disclose, in relation to information, means give or communicate in any way. (5) This section has effect despite anything to the contrary in the Freedom of Information Act 1991. This section differs from section 187 of the Commonwealth Act. Division 4—Conduct by directors, employees and agents 188—Conduct by directors, employees and agents (1) If, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had the state of mind. (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the body corporate, unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct. (3) Any conduct engaged in on behalf of a person (the first person), other than a body corporate, by an employee or agent of the first person, within the scope of the actual or apparent authority of the employee or agent is taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the first person unless the first person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (4) If— (a) a person other than a body corporate is convicted of an offence; and (b) the person would not have been convicted of the offence if subsection (3) had not been enacted, the person is not liable to be punished by imprisonment for that offence. 189—Meaning of terms (1) A reference in section 188(1) to the state of mind of a person includes a reference to— (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the intention, opinion, belief or purpose. (2) A reference in section 188 to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the State of South Australia, the Commonwealth or another State. (3) A reference in section 188 to engaging in conduct includes a reference to failing or refusing to engage in conduct. Division 5—Transitional provisions 190—Transitional provision—dealings covered by Genetic Manipulation Advisory Committee advice to proceed (1) The prohibitions in this Act apply to a dealing with a GMO by a person at a particular time during the transition period (the dealing time) with the modifications set out in subsection (2) if— (a) immediately before the commencement of Part 4 of this Act, an advice to proceed was in force in relation to the dealing with the GMO by the person; and (b) the advice to proceed is in force at the dealing time; and (c) the dealing is in accordance with the advice to proceed. (2) Unless the dealing is a notifiable low risk dealing, an exempt dealing or a dealing on the GMO Register— (a) the advice to proceed is taken for the purposes of this Act to be a GMO licence; and (b) the holder of the advice to proceed is taken to be the licence holder; and (c) the licence is taken to be subject to any conditions to which the advice to proceed is subject; and (d) the licence is taken to remain in force for the period ending at the earliest of the following times: (i) the time when the advice to proceed expires; (ii) the end of the transition period; (iii) when the licence is cancelled under section 68 or surrendered under section 69. advice to proceed means an advice to proceed issued by the Genetic Manipulation Advisory Committee, in accordance with Guidelines issued by that Committee; transition period means the period, not exceeding two years, prescribed by the regulations for the purposes of this section. Section 190(3) of the Commonwealth Act defines the transition period as being two years from the commencement of Part 4 of that Act. 191—Regulations may relate to transitional matters Regulations may be made in relation to transitional matters arising from the enactment of this Act. Division 6—Other 192—False or misleading information or document A person must not— (a) in connection with an application made to the Regulator under this Act or the regulations; or (b) in compliance or purported compliance with this Act or the regulations, do either of the following: (c) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; (d) produce a document that the person knows to be false or misleading in a material particular without— (i) indicating to the person to whom the document is produced that it is false or misleading, and the respect in which it is false or misleading; and (ii) providing correct information to that person, if the person producing the document is in possession of, or can reasonable acquire, the correct information. Maximum penalty: Imprisonment for 1 year or $6 600. 192A—Interference with dealings with GMOs (a) the person engages in conduct; and (b) the conduct— (i) results in damage to, destruction of, or interference with, premises at which dealings with GMOs are being undertaken; or (ii) involves damaging, destroying, or interfering with, a thing at, or removing a thing from, such premises; and (c) the owner or occupier of the premises, or the owner of the thing (as the case requires), has not consented to the conduct; and (d) in engaging in the conduct, the person intends to prevent or hinder authorised GMO dealings that are being undertaken at the premises or facility; and (e) the person knows, or is reckless as to, the matters mentioned in paragraphs (b) and (c). (2) In this section— authorised GMO dealings, in relation to premises or a facility, means dealings with GMOs being undertaken at the premises or facility— (a) that are authorised to be undertaken at the premises or facility by a GMO licence; or (ab) that are specified in an emergency dealing determination and are not prohibited from being undertaken at the premises or facility by a condition of the determination; or (b) that are notifiable low risk dealings; or (c) that are exempt dealings; or (d) that are dealings included on the GMO Register. This section differs from section 192A of the Commonwealth Act. 192E—Attempts to commit offences against Act A person who attempts to commit an offence against this Act is guilty of the offence of attempting to commit that offence and is liable to the same penalty as is provided by this Act for committing the offence attempted. This section is not required in the Commonwealth Act. 193—Regulations (1) The Governor may make regulations prescribing matters— (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the regulations may require a person to comply with codes of practice or guidelines issued under this Act (as in force at a particular time or from time to time). (3) Without limiting subsection (1), the regulations may apply, wholly or partially and with or without modification— (a) regulations in force under an Act of the Commonwealth (as in force at a particular time or from time to time); or (b) a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force at a particular time or from time to time), as regulations applying under this Act (and, in so applying such regulations, code, standard, rule or other document, may provide for their citation for the purposes of the law of this State). (4) Without limiting subsection (1), the regulations may adopt or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force at a particular time or from time to time). (5) Any regulations applying, adopting or incorporating a regulation, code, standard, rule or other document may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary. (6) The regulations, or a regulation, code, standard, rule or other document applied, adopted or incorporated by the regulations, may— (a) refer to or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a particular body (as in force at a particular time or from time to time); and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other prescribed authority. (7) If— (a) a regulation, code, standard, rule or other document is applied, adopted or incorporated by the regulation; or (b) the regulations, or a regulation, standard, rule or other document applied, adopted or incorporated by the regulations, refers to a code, standard, rule or other document prepared or published by a particular body, then— (c) a copy of the regulation, code, standard, rule or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or officers specified by notice in the Gazette; and (d) in any legal proceedings, evidence of the contents of the regulation, code, standard, rule or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the regulation, code, standard, rule or other document. 194—Review of operation of Act (1) The Minister must cause an independent review of the operation of this Act to be undertaken as soon as possible after the fourth anniversary of the commencement of this Act. (2) A person who undertakes such a review must give the Minister a written report of the review. (3) The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 12 months after the fourth anniversary of the commencement of this Act. independent review means a review undertaken by persons who— (a) in the opinion of the Minister possess appropriate qualifications to undertake the review; and (b) include one or more persons who are not employed by the State of South Australia, a State agency, the Commonwealth or a Commonwealth authority. This section differs from section 194 of the Commonwealth Act. Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation amended by principal Act The Gene Technology Act 2001 amended the following: Agricultural and Veterinary Chemicals (South Australia) Act 1994 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Gene Technology Act 2001 6.12.2001 1.2.2002 (Gazette 15.1.2002 p184) Gene Technology (Miscellaneous) Amendment Act 2008 20.11.2008 29.7.2010 (Gazette 22.7.2010 p3588) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 68 (ss 163 & 164)—1.2.2010 (Gazette 28.1.2010 p320) Gene Technology (Miscellaneous) Amendment Act 2017 Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 12 (ss 89 to 92)—4.5.2020 (Gazette 27.2.2020 p442) Gene Technology (Adoption of Commonwealth Amendments) Amendment Act 2023 Statutes Amendment (Administrative Review Tribunal) Act 2025 20.11.2025 Pt 8 (s 13)—20.11.2025: s 2 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002