NORTHERN TERRITORY OF AUSTRALIA
GENE TECHNOLOGY (NORTHERN TERRITORY) ACT 2004
As in force at 10 February 2026
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Object of Act .................................................................................... 1
4 Interpretation ................................................................................... 1
5 Act binds Crown .............................................................................. 3
Part 2 Applied provisions
6 Application of Commonwealth gene technology laws to
Territory ........................................................................................... 3
7 Modification of Commonwealth gene technology laws .................... 3
8 Interpretation of Commonwealth gene technology laws .................. 3
Part 3 Functions and powers under applied
provisions
9 Functions and powers of Commonwealth Regulator and other
authorities and officers .................................................................... 4
10 Delegations by Commonwealth Regulator ...................................... 4
Part 4 Offences
11 Object of Part................................................................................... 4
12 Application of Commonwealth criminal laws to offences
against applied provisions ............................................................... 5
13 Functions and powers conferred on Commonwealth officers
and authorities relating to offences .................................................. 5
14 No double jeopardy for offences against applied provisions ............ 5
Part 5 Administrative law
15 Application of Commonwealth administrative laws to applied
provisions ........................................................................................ 6
16 Functions and powers conferred on Commonwealth officers
and authorities ................................................................................. 6
Part 6 Miscellaneous
17 Things done for multiple purposes................................................... 7
Gene Technology (Northern Territory) Act 2004 ii
18 Reference in Commonwealth law to provision of another law ......... 7
19 Fees and other money..................................................................... 7
20 Regulations...................................................................................... 7
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 10 February 2026
GENE TECHNOLOGY (NORTHERN TERRITORY) ACT 2004
An Act to apply the Gene Technology Act 2000 (Cth) and the Gene
Technology (Licence Charges) Act 2000 (Cth) as a law of the Territory,
and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Gene Technology (Northern Territory)
Act 2004.
2 Commencement
This Act comes into operation on the date, or respective dates,
fixed by the Administrator by notice in the Gazette.
3 Object of Act
(1) The object of this Act is to adopt in the Territory a uniform
Australian approach to the regulation of genetically modified
organisms.
(2) For that purpose, this Act:
(a) applies the Gene Technology Act 2000 (Cth) and the Gene
Technology (Licence Charges) Act 2000 (Cth) as a law of the
Territory; and
(b) makes provision to help ensure that the Commonwealth Acts
and the applied law of the Territory are administered on a
uniform basis by the Commonwealth as if they constituted a
single law of the Commonwealth.
4 Interpretation
(1) In this Act:
applied provisions means the Commonwealth gene technology
laws that apply as a law of the Territory because of section 6,
including any modification under section 7.
Part 1 Preliminary
Gene Technology (Northern Territory) Act 2004 2
Commonwealth administrative laws means the following:
(a) the Administrative Review Tribunal Act 2024 (Cth)
(excluding Part 7);
(b) the Freedom of Information Act 1982 (Cth);
(c) the Ombudsman Act 1976 (Cth);
(d) the Privacy Act 1988 (Cth);
(e) the regulations in force under any of those Acts.
Commonwealth Gene Technology Act means the Gene
Technology Act 2000 (Cth).
Commonwealth gene technology laws means:
(a) the Commonwealth Gene Technology Act;
(b) the Commonwealth Licence Charges Act; and
(c) all regulations, guidelines, principles, standards and codes of
practice in force under either of those Acts.
Commonwealth Licence Charges Act means the Gene
Technology (Licence Charges) Act 2000 (Cth).
Commonwealth Regulator means the Gene Technology
Regulator appointed under the Commonwealth Gene Technology
Act.
function includes duty.
modifications includes additions, omissions and substitutions.
(2) If an expression is defined in the Commonwealth Gene Technology
Act and is also used in this Act, the expression as used in this Act
has, unless the contrary intention appears, the same meaning as in
that Act.
(3) In this Act, a reference to a Commonwealth Act includes a
reference to:
(a) the Commonwealth Act as amended and in force from time to
time; and
(b) another Act enacted in substitution for the Commonwealth Act
and, if it is amended, that other Act as amended and in force
from time to time.
Part 2 Applied provisions
Gene Technology (Northern Territory) Act 2004 3
5 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
Part 2 Applied provisions
6 Application of Commonwealth gene technology laws to
Territory
(1) The Commonwealth gene technology laws, as in force from time to
time and as modified by or under this Act, apply as a law of the
Territory.
(2) Those Commonwealth gene technology laws so apply as if they
extended to matters in relation to which the Territory may make
laws:
(a) whether or not the Commonwealth may make laws in relation
to those matters; and
(b) even though the Commonwealth gene technology laws
provide that they apply only to specified matters with respect
to which the Commonwealth may make laws.
7 Modification of Commonwealth gene technology laws
(1) The Regulations may modify the Commonwealth gene technology
laws.
(2) Without limiting subsection (1), the Regulations may provide that
the Commonwealth gene technology laws apply under section 6(1)
as if an amendment to the Commonwealth gene technology laws
made by a law of the Commonwealth and specified in the
Regulations had not taken effect.
8 Interpretation of Commonwealth gene technology laws
(1) The Acts Interpretation Act 1901 (Cth) applies as a law of the
Territory in relation to the interpretation of the applied provisions.
(2) That Act so applies as if the applied provisions were a
Commonwealth Act or were regulations or other instruments under
a Commonwealth Act, as the case requires.
(3) The Interpretation Act 1978 does not apply in relation to the applied
provisions.
Part 4 Offences
Gene Technology (Northern Territory) Act 2004 4
Part 3 Functions and powers under applied
provisions
9 Functions and powers of Commonwealth Regulator and other
authorities and officers
The Commonwealth Regulator and other authorities and officers
referred to in the applied provisions have the same functions and
powers under the applied provisions as they have under the
Commonwealth gene technology laws as those laws apply to the
Commonwealth.
10 Delegations by Commonwealth Regulator
A delegation by the Commonwealth Regulator under the
Commonwealth Gene Technology Act is taken to extend to, and
have effect for, the corresponding provision of the applied
provisions.
Part 4 Offences
11 Object of Part
(1) The object of this Part is to further the object of this Act by providing
for an offence against the applied provisions to be treated as if it
were an offence against a law of the Commonwealth.
(2) The purposes for which an offence is to be treated as mentioned in
subsection (1) include, for example (but without limitation) the
following:
(a) the investigation and prosecution of offences;
(b) the arrest, custody, bail, trial and conviction of offenders or
persons charged with offences;
(c) proceedings relating to a matter referred to in paragraph (a)
or (b);
(d) appeals and reviews relating to criminal proceedings and to
proceedings of the kind referred to in paragraph (c);
(e) the sentencing, punishment and release of persons convicted
of offences;
(f) fines, penalties and forfeitures;
(g) liability to make reparation in connection with offences;
Part 4 Offences
Gene Technology (Northern Territory) Act 2004 5
(h) proceeds of crime;
(i) spent convictions.
12 Application of Commonwealth criminal laws to offences
against applied provisions
(1) The relevant Commonwealth laws apply as laws of the Territory in
relation to an offence against the applied provisions as if those
provisions were a law of the Commonwealth and not a law of the
Territory.
(2) For a law of the Territory, an offence against the applied provisions:
(a) is taken to be an offence against the laws of the
Commonwealth in the same way as if those provisions were a
law of the Commonwealth; and
(b) is taken not to be an offence against the laws of the Territory.
(3) Subsection (2) has effect for a law of the Territory except as
provided by the Regulations.
13 Functions and powers conferred on Commonwealth officers
and authorities relating to offences
(1) A Commonwealth law applying because of section 12 that confers
on a Commonwealth officer or authority a function or power in
relation to an offence against the Commonwealth gene technology
laws also confers on the officer or authority the same function or
power in relation to an offence against the corresponding provision
of the applied provisions.
(2) In performing a function or exercising a power conferred by this
section, the Commonwealth officer or authority must act as nearly
as practicable as the officer or authority would act in performing or
exercising the same function or power in relation to an offence
against the corresponding provision of the Commonwealth gene
technology laws.
14 No double jeopardy for offences against applied provisions
If:
(a) an act or omission is both an offence against the applied
provisions and an offence against the Commonwealth gene
technology laws; and
(b) the offender has been punished for the offence against the
Commonwealth gene technology laws;
Part 5 Administrative law
Gene Technology (Northern Territory) Act 2004 6
the offender is not liable to be punished for the offence against the
applied provisions.
Part 5 Administrative law
15 Application of Commonwealth administrative laws to applied
provisions
(1) The Commonwealth administrative laws apply as laws of the
Territory to any matter arising in relation to the applied provisions
as if those provisions were a law of the Commonwealth and not a
law of the Territory.
(2) For a law of the Territory, a matter arising in relation to the applied
provisions:
(a) is taken to be a matter arising in relation to laws of the
Commonwealth in the same way as if those provisions were a
law of the Commonwealth; and
(b) is taken not to be a matter arising in relation to laws of the
Territory.
(3) Subsection (2) has effect for a law of the Territory except as
provided by the Regulations.
(4) A provision of a Commonwealth administrative law applying
because of this section that purports to confer jurisdiction on a
federal court is taken not to have that effect.
(5) For this section, a reference in a provision of the Administrative
Review Tribunal Act 2024 (Cth) (as that provision applies as a law
of this jurisdiction) to the whole or any part of Part 7 of that Act is
taken to be a reference to the whole or any part of that Part as it
has effect as a law of the Commonwealth.
16 Functions and powers conferred on Commonwealth officers
and authorities
(1) A Commonwealth administrative law applying because of
section 15 that confers on a Commonwealth officer or authority a
function or power also confers on the officer or authority the same
function or power in relation to a matter arising in relation to the
applied provisions.
Part 6 Miscellaneous
Gene Technology (Northern Territory) Act 2004 7
(2) In performing a function or exercising a power conferred by this
section, the Commonwealth officer or authority must act as nearly
as practicable as the officer or authority would act in performing or
exercising the same function or power under the Commonwealth
administrative law.
Part 6 Miscellaneous
17 Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or
done for the applied provisions is not affected only because it was
issued, given or done also for the Commonwealth gene technology
laws.
18 Reference in Commonwealth law to provision of another law
For sections 12 and 15, a reference in a Commonwealth law to a
provision of that or another Commonwealth law is taken to be a
reference to that provision as applying because of that section.
19 Fees and other money
All fees, penalties, fines and other money that, under this Act and
the applied provisions, are authorised or directed to be payable by
or imposed on any person (but not including an amount ordered to
be refunded to another person) must be paid to the
Commonwealth.
20 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
ENDNOTES
Gene Technology (Northern Territory) Act 2004 8
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Gene Technology (Northern Territory) Act 2004 (Act No. 67, 2004)
Assent date 21 December 2004
Commenced 1 November 2008 (Gaz G39, 1 October 2008, p 5)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date 13 November 2014
Commenced 13 November 2014
Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026)
Assent date 9 February 2026
Commenced 10 February 2026 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 8.
4 LIST OF AMENDMENTS
lt amd No. 3, 2026, s 27
s 3 amd No. 3, 2026, s 28
s 4 amd No. 3, 2026, s 29
s 8 amd No. 3, 2026, s 30
s 14 amd No. 38, 2014, s 2
s 15 amd No. 3, 2026, s 31