Gene Technology (Recognition of Designated Areas) Principle 2003
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Gene Technology (Recognition of Designated Areas) Principle 2003
Gene Technology Act 2000
The Ministerial Council constituted under the Gene Technology Agreement makes this Principle under subsection 21 (1) of the Gene Technology Act 2000.
31 July 2003
| Hon Trish Worth MPParliamentary Secretary to the Minister for Health and AgeingforSenator the Hon Kay Patterson,Minister for Health and Ageingfor the Commonwealth | Hon Ian Macdonald MLCMinister for Agriculture and Fisheriesfor the State of New South Wales |
|---|---|
| Hon Bronwyn Pike MPMinister for Healthfor the State of Victoria | Hon Paul Lucas MPMinister for Innovation and Information Economy,for the State of Queensland |
| Hon Kim Chance MLCMinister for Agriculture, Forestry and Fisheriesfor the State of Western Australia | Hon Lea Stevens MPMinister for Healthfor the State of South Australia |
| Hon Bryan Green MHAMinister for Primary Industries, Water and Environmentfor the State of Tasmania | Mr Simon Corbell MLAMinister for Healthfor the Australian Capital Territory |
Part 1 Preliminary
1 Name of Principle
This Principle is the Gene Technology (Recognition of Designated Areas) Principle 2003.
2 Commencement
This Principle commences on gazettal.
3 Definitions
In this Principle:
Act means the Gene Technology Act 2000.
Note A number of expressions used in this Principle are defined in the Act (see section 10), including:
Note: GMO licence
Note: Regulator
Note: State.
4 Purpose
This Principle is issued for the purpose of recognising areas (if any) designated under a State law for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes.
Part 2 Principle for recognition of designated areas
5 Recognition of areas designated under State law
An area is recognised as an area that is designated for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes, if the area is so designated under a State law.
6 States not compelled to make law
Section 5 is not intended to compel a State to make a law mentioned in that section.
7 Effect on Regulator
Section 5 is intended to apply for the purposes of paragraph 43 (2) (e) and subsection 57 (1) of the Act, and for clause 2.1 in Schedule 3 of the Gene Technology Regulations 2001, but is not intended to otherwise affect the operation of:
(a) the Regulator’s obligation under section 55 of the Act to make a decision whether to issue or refuse to issue a GMO licence; and
(b) the Regulator’s duty to consider the matters mentioned in subsection 56 (1) of the Act in relation to the issue of a GMO licence.