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Australian Capital Territory
Gene Technology (GM Crop
Moratorium) Act 2004
A2004-40
Republication No 5
Effective: 16 December 2025
Republication date: 16 December 2025
Last amendment made by A2025-29
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About this republication
The republished law
This is a republication of the Gene Technology (GM Crop Moratorium) Act 2004 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 16 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Gene Technology (GM Crop
Moratorium) Act 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 3
6 Purpose of Act 3
Part 2 Moratorium on cultivating certain GM plants
7 Moratorium orders 4
8 Exemptions 4
9 Offence—contravention of moratorium order 5
Contents
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10 Orders cannot be challenged 5
11 Advisory council 6
12 Directions by Minister 7
13 Urgent seizure etc 8
14 Offence—transfer etc of certain plants 9
15 Obligation to report cultivation of GM food crop 10
Part 3 Enforcement
Division 3.1 Interpretation
16 Definitions for pt 3 11
Division 3.2 Inspectors
17 Appointment of inspectors 11
18 Identity cards 12
Division 3.3 Powers of inspectors
19 Power to enter premises 12
20 Production of identity card 13
21 Consent to entry 13
22 Warrants 14
23 Warrants—application made other than in person 15
24 General powers on entry to premises 16
25 Power to require name and address 17
26 Power to seize things 18
27 Receipt for things seized 19
28 Access to things seized 19
29 Return of things seized 19
Division 3.4 Miscellaneous
30 Self-incrimination etc 20
31 Damage etc to be minimised 20
32 Compensation—actions by inspectors 21
Part 3A Notification and review of decisions
32A Meaning of reviewable decision—pt 3A 22
32B Reviewable decision notices 22
32C Applications for review 22
Contents
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Part 4 Miscellaneous
33 Certificate 23
34 Review of decisions 23
35 Compensation—safety net 24
36 Delegation by Minister 24
37 Determination of fees 25
38 Regulation-making power 25
39 Expiry of Act 25
Dictionary 26
Endnotes
1 About the endnotes 28
2 Abbreviation key 28
3 Legislation history 29
4 Amendment history 30
5 Earlier republications 32
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Gene Technology (GM Crop
Moratorium) Act 2004
An Act to enable a moratorium to be imposed on the cultivation of certain
genetically modified plants, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Gene Technology (GM Crop Moratorium) Act 2004.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act or in other legislation.
For example, the signpost definition ‘gene technology—see the
Gene Technology Act 2003, dictionary.’ means that the term ‘gene
technology’ is defined in that dictionary and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 5
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5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
6 Purpose of Act
The purpose of this Act is to designate the ACT as an area in which
certain genetically modified plants may not be cultivated, in order to
preserve the identity of 1 or both of the following for marketing
purposes:
(a) GM crops;
(b) non-GM crops.
Part 2 Moratorium on cultivating certain GM plants
Section 7
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Part 2 Moratorium on cultivating certain
GM plants
7 Moratorium orders
(1) The Minister may, in writing, make an order (a moratorium order)
prohibiting the cultivation in the ACT of a stated GM food plant.
(2) A moratorium order is a disallowable instrument.
8 Exemptions
(1) The Minister may, in writing, exempt a person, area or anything else
from the operation of a moratorium order.
(2) Before giving an exemption, the Minister must ask the advisory
council, in writing, for its recommendation about whether the
exemption should be given.
(3) If the Minister does not receive a recommendation from the advisory
council within 28 days after the day the Minister asks for it, the
Minister may give an exemption without a recommendation.
(4) If the advisory council recommends against giving an exemption but
the Minister decides to give the exemption, the Minister must—
(a) give the advisory council written reasons for not following its
recommendation; and
(b) make those reasons, and the recommendation, publicly
available.
(5) An exemption is a disallowable instrument.
(6) An exemption may be subject to conditions.
(7) An exemption may form part of a moratorium order or may be a
separate instrument.
Moratorium on cultivating certain GM plants Part 2
Section 9
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(8) The cultivation of a GM food plant in accordance with an exemption
from a moratorium order is not a contravention of the moratorium
order.
9 Offence—contravention of moratorium order
A person commits an offence if—
(a) the person cultivates a GM food plant; and
(b) the cultivation is in contravention of a moratorium order; and
(c) the person is reckless about whether—
(i) the plant is a GM food plant; and
(ii) the cultivation is in contravention of a moratorium order.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
10 Orders cannot be challenged
(1) This part does not create a right in relation to the making of a
moratorium order or exemption.
(2) Without limiting subsection (1), a moratorium order or exemption in
force under this Act—
(a) may not be challenged or called into question in any court; and
(b) is not subject to prohibition, mandamus or injunction in any
court.
Part 2 Moratorium on cultivating certain GM plants
Section 11
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11 Advisory council
(1) The ACT Advisory Council on Gene Technology is established.
(2) The advisory council consists of 8 members appointed by the
Minister.
Note 1 For the making of appointments (including acting appointments),
see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
(3) The Minister must try to ensure that the following people are
appointed as members:
(a) a person nominated by the director-general who is to be the
chairperson of the advisory council;
(b) a person nominated by the Commonwealth Scientific and
Industrial Research Organisation;
(c) a person nominated by a university based in the ACT who has
professional skills or experience in research in a field relevant
to gene technology;
(d) a person nominated by the ACT Rural Lessees’ Association;
(e) a person nominated by the ACT Sustainable Lands Group;
(f) a person nominated by the Canberra Region Branch
Biotechnology Group of AusBiotech;
(g) a person who has professional skills or experience in the
marketing of food crops;
(h) a person to represent the community generally.
Moratorium on cultivating certain GM plants Part 2
Section 12
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(4) If an entity mentioned in subsection (3) (d) to (f) ceases to exist or
does not nominate a member for appointment to the advisory council,
the Minister must appoint a person nominated by another entity the
Minister considers has similar objectives to the entity.
(5) The advisory council has the following functions:
(a) to investigate anything the Minister refers to the advisory
council;
(b) to give advice in relation to proposals for research trials for
GM food plants the Minister refers to the advisory council;
(c) to give policy advice in relation to licences issued under the
Gene Technology Act 2003 that relate to GM food plants;
(d) to give advice on current developments and issues in relation to
gene technology and its application to agriculture.
(6) Subject to any decision of the Minister, the advisory council may
decide its own procedures.
12 Directions by Minister
(1) This section applies if—
(a) the Minister has a certificate given under section 33 in relation
to a plant (the tested plant); and
(b) the Minister believes on reasonable grounds that the tested
plant—
(i) is a GM food plant to which a moratorium order applies;
and
(ii) was not cultivated under an exemption.
Part 2 Moratorium on cultivating certain GM plants
Section 13
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(2) The Minister may, in writing, direct a person who owns or has
custody or control of the tested plant, or any plant that is or was part
of the crop in which the tested plant was cultivated (the offending
crop), to do any of the following:
(a) keep ownership, custody or control of the plant for a stated
period;
(b) hold the plant at a particular place for a stated period;
(c) destroy the plant in a stated way and within a stated time;
(d) take any other stated action in relation to the plant.
(3) If the Minister reasonably believes that the tested plant or offending
crop has been cultivated on any land, the Minister may direct, in
writing, the owner or occupier of the land not to cultivate any plant
of a stated species or variety on the land for a stated period.
(4) A person commits an offence if the person fails to comply with a
direction given to the person under this section.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
13 Urgent seizure etc
(1) This section applies if—
(a) a person has failed to comply with a direction given to the person
under section 12 (2) in relation to a tested plant; and
(b) the Minister considers that seizure and disposal or destruction of
the plant is required urgently.
Moratorium on cultivating certain GM plants Part 2
Section 14
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(2) An inspector acting under the written authority of the Minister may
seize and dispose of or destroy—
(a) the tested plant; and
(b) any plant that is or was part of the offending crop; and
(c) any container in which a plant mentioned in paragraph (a) or (b)
is growing or stored.
14 Offence—transfer etc of certain plants
(1) A person commits an offence if the person—
(a) owns or has custody or control of a plant; and
(b) is reckless about whether the plant—
(i) has been cultivated in contravention of a moratorium order;
or
(ii) is or was part of a crop in which a plant was cultivated in
contravention of a moratorium order; and
(c) does any of the following:
(i) transfers ownership, custody or control of the plant;
(ii) offers the plant for sale;
(iii) offers to supply the plant;
(iv) destroys the plant;
(v) moves the plant to another place.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
Part 2 Moratorium on cultivating certain GM plants
Section 15
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(2) Subsection (1) does not apply if the person is acting in accordance
with—
(a) a direction under section 12; or
(b) a written permission of the director-general.
(3) The regulations may make provision in relation to the giving of a
permission mentioned in subsection (2) (b).
15 Obligation to report cultivation of GM food crop
(1) A person commits an offence if—
(a) the person has reasonable grounds for believing that a GM food
plant is being cultivated in contravention of a moratorium order;
and
(b) the person does not report the cultivation to the director-general
within 48 hours of having those grounds.
Maximum penalty: 20 penalty units.
(2) Strict liability applies to subsection (1) (b).
(3) Subsection (1) does not apply to a person if the person believes on
reasonable grounds that the cultivation has already been reported to
the director-general.
Enforcement Part 3
Interpretation Division 3.1
Section 16
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Part 3 Enforcement
Division 3.1 Interpretation
16 Definitions for pt 3
In this part:
connected—a thing is connected with a particular offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence; or
(c) it was used, is being used, or is intended to be used, to commit
the offence.
offence includes an offence that there are reasonable grounds for
believing has been, is being, or will be committed.
Division 3.2 Inspectors
17 Appointment of inspectors
The director-general may appoint a public servant to be an inspector
for this Act.
Note 1 For the making of appointments (including acting appointments),
see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see s 207).
Part 3 Enforcement
Division 3.3 Powers of inspectors
Section 18
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18 Identity cards
(1) The director-general must issue an inspector with an identity card that
states the person’s name and appointment as an inspector, and
shows—
(a) a recent photograph of the person; and
(b) the date of issue of the card; and
(c) the date of expiry for the card; and
(d) anything else prescribed under the regulations.
(2) A person commits an offence if the person—
(a) was appointed as an inspector under section 17; and
(b) ceases to be an inspector; and
(c) does not return the person’s identity card to the director-general
within 7 days after the day the person ceases to be an inspector.
Maximum penalty: 1 penalty unit.
(3) An offence against subsection (2) is a strict liability offence.
Division 3.3 Powers of inspectors
19 Power to enter premises
(1) For this Act, an inspector may—
(a) enter premises (other than residential premises) at any
reasonable time; or
(b) enter premises at any time with the occupier’s consent; or
(c) enter premises in accordance with a warrant under this part; or
Enforcement Part 3
Powers of inspectors Division 3.3
Section 20
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(d) enter premises at any time if the inspector believes, on
reasonable grounds, that the circumstances are serious and
urgent enough to require the immediate entry to the premises
without the authority of a warrant.
(2) An inspector may, without the occupier’s consent, enter land around
premises to ask for consent to enter the premises.
(3) For subsection (1) (d), the inspector may enter the premises with any
necessary assistance and force.
20 Production of identity card
An inspector must not remain on premises entered under this part if,
when asked by the occupier, the inspector does not produce his or her
identity card for inspection by the occupier.
21 Consent to entry
(1) When seeking the consent of an occupier to enter premises under this
part, an inspector must—
(a) produce his or her identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used
in evidence in court; and
(iii) that consent may be refused.
(2) If the occupier consents, the inspector must ask the occupier to sign a
written acknowledgment—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used
in evidence in court; and
Part 3 Enforcement
Division 3.3 Powers of inspectors
Section 22
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(iii) that consent may be refused; and
(b) that the occupier consented to the entry; and
(c) stating the time, and date, when consent was given.
(3) If the occupier signs an acknowledgment of consent, the inspector
must immediately give a copy to the occupier.
(4) A court must assume that the occupier did not consent to an entry to
the premises by the inspector under this part if—
(a) the question whether the occupier consented to the entry arises
in a proceeding in the court; and
(b) an acknowledgment under this section is not produced in
evidence for the entry; and
(c) it is not proved that the occupier consented to the entry.
22 Warrants
(1) An inspector may apply to a magistrate for a warrant to enter
premises.
(2) The application must be sworn and state the grounds on which the
warrant is sought.
(3) The magistrate may refuse to consider the application until the
inspector gives the magistrate any information the magistrate requires
about the application in the way the magistrate requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing or activity connected with an offence
against this Act; and
(b) the thing or activity is at the premises, or may be at the premises
within the next 14 days.
Enforcement Part 3
Powers of inspectors Division 3.3
Section 23
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(5) The warrant must state—
(a) the offence for which the warrant is sought; and
(b) that an inspector may, with necessary assistance and force, enter
the premises and exercise the inspector’s powers under this part;
and
(c) the evidence that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 14 days after the day of the warrant’s issue, the
warrant ends.
23 Warrants—application made other than in person
(1) An inspector may apply for a warrant by phone, fax, radio or other
form of communication if the inspector considers it necessary
because of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the inspector must prepare an
application stating the grounds on which the warrant is sought.
(3) The inspector may apply for the warrant before the application is
sworn.
(4) If the magistrate issues the warrant, the magistrate must immediately
provide a written copy to the inspector if it is practicable to do so.
(5) If it is not practicable to provide a written copy to the inspector—
(a) the magistrate must—
(i) tell the inspector the terms of the warrant; and
(ii) tell the inspector the date and time the warrant was issued;
and
Part 3 Enforcement
Division 3.3 Powers of inspectors
Section 24
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(b) the inspector must complete a form of warrant (the warrant
form) and write on it—
(i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The written copy of the warrant, or the warrant form properly
completed by the inspector, authorises the entry and the exercise of
the inspector’s powers under this part.
(7) The inspector must, at the first reasonable opportunity, send to the
magistrate—
(a) the sworn application; and
(b) if the inspector completed a warrant form—the completed
warrant form.
(8) On receiving the documents, the magistrate must attach them to the
warrant.
(9) A court must assume that a power exercised by an inspector was not
authorised by a warrant under this section if—
(a) the question arises in a proceeding before the court whether the
exercise of power was authorised by a warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved that the exercise of power was authorised by a
warrant under this section.
24 General powers on entry to premises
(1) An inspector who enters premises under this part may, for this Act,
do any of the following in relation to the premises or anything on the
premises:
(a) inspect or examine;
Enforcement Part 3
Powers of inspectors Division 3.3
Section 25
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(b) take measurements or conduct tests;
(c) take samples of or from anything on the premises;
(d) take photographs, films, or audio, video or other recordings;
(e) require the occupier, or a person on the premises, to give the
inspector reasonable help to exercise a power under this part.
(2) A person commits an offence if the person intentionally contravenes
a requirement under subsection (1) (e).
Maximum penalty: 50 penalty units.
25 Power to require name and address
(1) An inspector may require a person to state the person’s name and
address if the inspector—
(a) finds the person committing an offence against this Act; or
(b) believes on reasonable grounds that the person has just
committed an offence against this Act.
(2) If an inspector makes a requirement of a person under subsection (1),
the inspector must—
(a) tell the person the reasons for the requirement; and
(b) as soon as practicable, record those reasons.
(3) A person commits an offence if the person contravenes a requirement
under subsection (1).
Maximum penalty: 5 penalty units.
(4) However, a person is not required to comply with a requirement under
subsection (1) if, when asked by the person, the inspector does not
produce his or her identity card for inspection by the person.
(5) An offence against this section is a strict liability offence.
Part 3 Enforcement
Division 3.3 Powers of inspectors
Section 26
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26 Power to seize things
(1) An inspector who enters premises under a warrant under this part may
seize the evidence for which the warrant was issued.
(2) An inspector who enters premises under this part with the occupier’s
consent may seize a thing on the premises if—
(a) the inspector is satisfied on reasonable grounds that the thing is
connected with an offence against this Act; and
(b) seizure of the thing is consistent with the purpose of the entry as
told to the occupier when seeking the occupier’s consent.
(3) An inspector may also seize anything on premises entered under this
part if satisfied on reasonable grounds that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Having seized a thing, an inspector may—
(a) remove the thing from the premises where it was seized; or
(b) leave the thing at the premises where it was seized but restrict
access to it.
(5) A person commits an offence if the person intentionally interferes
with a thing to which access has been restricted under
subsection (4) (b).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(6) Subsection (5) does not apply if the Minister approved the
interference.
Enforcement Part 3
Powers of inspectors Division 3.3
Section 27
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27 Receipt for things seized
(1) As soon as practicable after a thing is seized by an inspector under
this part, the inspector must give a receipt for it to the occupier of the
premises where it was seized.
(2) If, for any reason, it is not practicable to comply with subsection (1),
the inspector must leave the receipt, secured conspicuously at the
place of seizure.
28 Access to things seized
A person who would, apart from the seizure of a thing under this part,
be entitled to the thing may—
(a) inspect it; and
(b) if it is a document—take extracts from it or make copies of it.
29 Return of things seized
(1) A thing seized under this part must be returned to its owner, or
reasonable compensation must be paid to the owner by the Territory
for the loss of the thing, if—
(a) a prosecution for an offence relating to the thing is not begun
within 90 days after the day of the seizure; or
(b) if a prosecution is begun within the 90 days—the court does not
find the offence proved.
(2) A thing seized under this part is forfeited to the Territory if a court—
(a) finds an offence relating to the thing to be proved; and
(b) orders the forfeiture.
(3) If subsection (2) (a) applies, but the court does not order the forfeiture
of the thing seized, the director-general must return the thing to its
owner or the Territory must pay reasonable compensation to the
owner for the loss of the thing.
Part 3 Enforcement
Division 3.4 Miscellaneous
Section 30
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(4) For subsections (1) and (3), if the thing seized was a plant that has
deteriorated or perished since it was seized, the owner is entitled to
reasonable compensation for the deterioration or loss.
Division 3.4 Miscellaneous
30 Self-incrimination etc
(1) A person is not excused from giving information or producing a
document when required to do so under this part on the ground that it
may tend to incriminate the person.
(2) However, any information, document or thing obtained, directly or
indirectly, because of the giving of the information or document is
not admissible in evidence against the person in a criminal
proceeding, other than a proceeding for an offence against this part or
the Criminal Code, part 3.4 (False or misleading statements,
information and documents).
31 Damage etc to be minimised
(1) In the exercise, or purported exercise, of a function under this Act, an
inspector must take reasonable steps to ensure that the inspector, and
anyone helping the inspector, causes as little inconvenience,
detriment and damage as is practicable.
(2) If an inspector, or anyone helping an inspector, damages anything in
the exercise, or purported exercise, of a function under this Act,
the inspector must give written notice of the particulars of the damage
to the person whom the inspector believes is the owner of the thing.
Note For how documents may be served, see Legislation Act, pt 19.5.
(3) If the damage happens on premises entered under this Act, the notice
may be given—
(a) to the occupier; or
(b) if the occupier is not present—by securing it in a conspicuous
place on the premises.
Enforcement Part 3
Miscellaneous Division 3.4
Section 32
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32 Compensation—actions by inspectors
(1) A person may claim reasonable compensation from the Territory if
the person incurs loss or expense because of the exercise, or purported
exercise, of a function under this part by an inspector or anyone
helping an inspector.
(2) Compensation may be claimed and ordered in a proceeding for—
(a) compensation brought in a court of competent jurisdiction; or
(b) an offence against this Act brought against the person making
the claim for compensation.
(3) The court may order the payment of reasonable compensation for the
loss or expense only if satisfied it is just to make the order in the
circumstances of the particular case.
(4) The regulations may prescribe matters that may, must or must not be
taken into account by the court in considering whether it is just to
make the order.
Part 3A Notification and review of decisions
Section 32A
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Part 3A Notification and review of
decisions
32A Meaning of reviewable decision—pt 3A
In this part:
reviewable decision means a direction given by the Minister under
section 12.
32B Reviewable decision notices
If the Minister makes a reviewable decision, the decision-maker must
give a reviewable decision notice to the person to whom the direction
the subject of the reviewable decision is given.
Note 1 The Minister must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are prescribed under
the ACT Civil and Administrative Tribunal Act 2008.
32C Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) a person mentioned in section 32B;
(b) any other person whose interests are affected by the decision.
Miscellaneous Part 4
Section 33
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Part 4 Miscellaneous
33 Certificate
(1) The person in charge of an approved laboratory may give a certificate,
signed by the person, stating that—
(a) an approved test has been conducted on a plant; and
(b) the test shows that the plant has been genetically modified.
(2) For this Act, a certificate given under subsection (1) is conclusive
proof that the plant has been genetically modified.
(3) In this section:
approved laboratory means—
(a) a laboratory accredited by the National Association of Testing
Authorities, Australia; or
(b) another laboratory prescribed under the regulations.
approved test means—
(a) a polymerase chain reaction test; or
(b) another test prescribed under the regulations.
34 Review of decisions
Application may be made to the ACAT for review of a decision of
the Minister to give a direction under section 12.
Part 4 Miscellaneous
Section 35
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35 Compensation—safety net
(1) This section applies if, apart from this section and section 32—
(a) the operation of any provision of this Act would result in the
acquisition of property from a person otherwise than on just
terms; and
(b) the acquisition would be unlawful because of the
Self-Government Act, section 23 (1).
(2) The person acquiring the property (the acquirer) is liable to pay
reasonable compensation to the other person for the acquisition.
(3) If the acquirer and the other person do not agree on the amount of
compensation, the other person may, by proceeding in a court of
competent jurisdiction, recover from the acquirer the reasonable
compensation that the court decides.
36 Delegation by Minister
(1) The Minister must exercise the Minister’s functions under any of the
following provisions personally:
(a) section 7 (Moratorium orders);
(b) section 8 (Exemptions);
(c) section 12 (Directions by Minister).
(2) The Minister may delegate any other function of the Minister under
this Act to—
(a) a public servant; or
(b) a person prescribed under the regulations.
Note For the making of delegations and the exercise of delegated functions,
see Legislation Act, pt 19.4.
(3) The Legislation Act, section 254A (Delegation by Minister) does not
apply to a function under this Act.
Miscellaneous Part 4
Section 37
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37 Determination of fees
(1) The Minister may, in writing, determine fees for this Act.
(2) A determination is a disallowable instrument.
38 Regulation-making power
The Executive may make regulations for this Act.
39 Expiry of Act
(1) This Act expires on a date (not earlier than 17 June 2006) fixed by
the Minister by written notice.
(2) The notice is a disallowable instrument.
(3) Subject to any disallowance or amendment under the Legislation Act,
chapter 7, the notice commences—
(a) if there is a motion to disallow the notice and the motion is
negatived by the Legislative Assembly—the day after the day the
disallowance motion is negatived; or
(b) the day after the 6th sitting day after the day it is presented to
the Legislative Assembly under that chapter; or
(c) if the expiry notice provides for a later date or time of
commencement—on that date or at that time.
(4) The date fixed by the notice must not be earlier than the day the notice
commences.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• director-general (see s 163)
• function.
advisory council means the ACT Advisory Council on Gene
Technology established under section 11.
connected, for part 3 (Enforcement)—see section 16.
cultivate a plant includes plant, tend, nurture or harvest the plant.
exemption means an exemption under section 8.
food plant means a species or variety of plant that is, when grown in
the ACT, primarily grown to be used (whether or not after processing)
as, or as an ingredient of, food for human consumption.
GM food plant means a food plant that—
(a) has been modified by gene technology; or
(b) has inherited from another plant particular traits that happened
in that other plant because of gene technology.
gene technology—see the Gene Technology Act 2003, dictionary.
moratorium order—see section 7.
occupier, of premises, includes—
(a) a person believed on reasonable grounds to be an occupier of the
premises; and
(b) a person apparently in charge of the premises.
offence, for part 3 (Enforcement)—see section 16.
Dictionary
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offending crop—see section 12 (2).
plant includes the seed or any part of a plant, whether living or dead
and whether attached to a plant or not.
premises includes a building of any description, or a part of a
building, a vehicle, and land (whether built on or not).
reviewable decision, for part 3A (Notification and review of
decisions)—see section 32A.
tested plant—see section 12 (1).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Gene Technology (GM Crop Moratorium) Act 2004 A2004-40
notified LR 9 July 2004
s 1, s 2 commenced 9 July 2004 (LA s 75 (1))
remainder commenced 10 July 2004 (s 2)
Note Act exp on a date fixed by the Minister by written notice
not earlier than 17 June 2006 (s 39)
as amended by
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.71
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.71 commenced 1 July 2011 (s 2 (1))
Red Tape Reduction Legislation Amendment Act 2018 A2018-33
sch 1 pt 1.19
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.19 commenced 23 October 2018 (s 2 (4))
Health Legislation Amendment Act 2025 A2025-16 sch 1 pt 1.2
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
sch 1 pt 1.2 commenced 2 June 2025 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.86
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.86 commenced 16 December 2025 (s 2 (6))
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Moratorium orders
s 7 am A2025-29 amdt 4.86
Exemptions
s 8 am A2025-29 amdt 4.86
Advisory council
s 11 am A2011-22 amdt 1.219
Offence—transfer etc of certain plants
s 14 am A2011-22 amdt 1.219
Obligation to report cultivation of GM food crop
s 15 am A2011-22 amdt 1.219
Appointment of inspectors
s 17 am A2011-22 amdt 1.219
Identity cards
s 18 am A2011-22 amdt 1.219
Warrants—application made other than in person
s 23 am A2018-33 amdt 1.35, amdt 1.36
Return of things seized
s 29 am A2011-22 amdt 1.219
Notification and review of decisions
pt 3A hdg ins A2025-16 amdt 1.14
Meaning of reviewable decision—pt 3A
s 32A ins A2025-16 amdt 1.14
Reviewable decision notices
s 32B ins A2025-16 amdt 1.14
Applications for review
s 32C ins A2025-16 amdt 1.14
Review of decisions
s 34 am A2025-16 amdt 1.15
Determination of fees
s 37 am A2025-29 amdt 4.86
Regulation-making power
s 38 am A2025-29 amdt 4.86
Expiry of Act
s 39 am A2025-29 amdt 4.86
Endnotes
Amendment history 4
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Administrative Decisions (Judicial Review) Act 1989, schedule 1,
new clause 8
s 40 om LA s 89 (3)
Dictionary
dict am A2011-22 amdt 1.220; A2025-16 amdt 1.16
def reviewable decision ins A2025-16 amdt 1.17