30—1 page i
Western Australia
Gene Technology (Western Australia) Bill 2025
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Purpose of Act 2
Terms used 3
Act binds Crown 4
Part 2 — Applying Commonwealth
gene technology law as State law
Division 1 — Applying Commonwealth gene
technology Act
Application of Commonwealth gene technology
Act as law of the State 5
Tabling amending Acts 5
Disallowance of amending Acts 6
Commencement of provisions of amending Acts 7
Amending Acts enacted on or after
11 August 2025 but before commencement day 7
Tabling of amending Act taken to be publication
for Standing Orders 7
Division 2 — Applying Commonwealth gene
technology instruments
Application of Commonwealth gene technology
instruments as laws of the State 8
Commonwealth gene technology instruments made
by amending Act provision 9
Commonwealth gene technology instruments made
under or for purposes of amending Act 9
Gene Technology (Western Australia) Bill 2025
Contents
page ii
15. Publication of Commonwealth gene technology
instruments 10
16. Tabling and disallowance of Commonwealth gene
technology instruments 10
Division 3 — Other provisions
17. Application of applied gene technology law to
matters in relation to which the State may make
laws 11
18. Application of interpretation legislation to applied
gene technology law 12
19. Local regulations may modify applied gene
technology law 12
Part 3 — Functions and powers
under applied gene technology
law
20. Functions and powers of Commonwealth
Regulator and other Commonwealth authorities
and officers 13
21. Delegations by Commonwealth Regulator 13
Part 4 — Offences
22. Object of Part 14
23. Application of Commonwealth criminal laws to
offences against applied gene technology law 15
24. Functions and powers conferred on
Commonwealth authorities and officers relating to
offences 15
25. No double jeopardy for offences against applied
gene technology law 16
Part 5 — Administrative laws
26. Application of Commonwealth administrative laws
to applied gene technology law 17
27. Functions and powers conferred on
Commonwealth authorities and officers 17
Gene Technology (Western Australia) Bill 2025
Contents
page iii
Part 6 — Miscellaneous
28. Things done for multiple purposes 19
29. Reference in Commonwealth law to provision of
another law 19
30. Fees and other money 19
31. Local regulations 19
32. Review of Act 20
Part 7 — Consequential repeals and
amendments
33. Gene Technology Act 2006 and Gene Technology
Regulations 2007 repealed 21
34. Agricultural and Veterinary Chemicals (Western
Australia) Act 1995 amended 21
Part 8 — Transitional provisions
35. Term used: repealed Act 22
36. Continuing effect of determinations under repealed
Act s. 78 or 80 22
37. Applications for determination under repealed
Act s. 78 22
38. Continuing effect of certification under repealed
Act s. 84 22
39. Applications for certification under repealed
Act s. 83 23
40. Continuing effect of accreditation under repealed
Act s. 92 23
41. Applications for accreditation under repealed Act
s. 91 24
42. Continuing effect of declarations under repealed
Act s. 185 24
43. Applications for declaration under repealed
Act s. 184 24
44. Review of decisions made under repealed Act 25
45. Applications for review under repealed Act 25
Defined terms
page 1
Western Australia
LEGISLATIVE ASSEMBLY
Gene Technology (Western Australia) Bill 2025
A Bill for
An Act —
• to apply the Gene Technology Act 2000 (Commonwealth) and
legislative instruments under that Act as laws of the State; and
• to repeal the Gene Technology Act 2006 and the Gene Technology
Regulations 2007; and
• to make consequential amendments to the Agricultural and
Veterinary Chemicals (Western Australia) Act 1995; and
• for related purposes.
The Parliament of Western Australia enacts as follows:
Gene Technology (Western Australia) Bill 2025
Part 1 Preliminary
s. 1
page 2
Part 1 — Preliminary1
Short title2
This is the Gene Technology (Western Australia) Act 2025.3
Commencement4
This Act comes into operation as follows —5
(a) Part 1 — on the day on which this Act receives the6
Royal Assent;7
(b) the rest of the Act — on a day fixed by proclamation.8
Purpose of Act9
(1) The purpose of this Act is to adopt in the State a uniform10
Australian approach to —11
(a) protecting the health and safety of people and protecting12
the environment by identifying risks posed by or as a13
result of gene technology; and14
(b) managing those risks through regulating certain dealings15
with genetically modified organisms.16
(2) For that purpose, this Act —17
(a) applies the Commonwealth gene technology law as a18
law of the State, subject to the disallowance processes19
under Part 2; and20
(b) makes provision to help ensure that the Commonwealth21
gene technology law and the applied gene technology22
law are administered on a uniform basis by the23
Commonwealth as if they constituted a single law of the24
Commonwealth.25
Gene Technology (Western Australia) Bill 2025
Preliminary Part 1
s. 4
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4. Terms used1
(1) In this Act —2
amend includes replace;3
amending Act means a Commonwealth Act that receives the4
Royal Assent on or after 11 August 2025 to the extent that it —5
(a) amends the Gene Technology Act 20006
(Commonwealth); or7
(b) makes or amends a Commonwealth gene technology8
instrument;9
applied gene technology law means the provisions that apply as10
a law of the State because of sections 6 and 12;11
commencement day means the day on which section 6 comes12
into operation;13
Commonwealth administrative laws means the following —14
(a) the Administrative Review Tribunal Act 202415
(Commonwealth) (excluding Part 7);16
(b) the Freedom of Information Act 1982 (Commonwealth);17
(c) the Ombudsman Act 1976 (Commonwealth);18
(d) the Privacy Act 1988 (Commonwealth);19
(e) the legislative instruments in force under those Acts;20
Commonwealth gene technology instrument means a21
regulation or other legislative instrument for the time being in22
force under the Gene Technology Act 2000 (Commonwealth);23
Commonwealth gene technology law means —24
(a) the Gene Technology Act 2000 (Commonwealth); and25
(b) the legislative instruments under that Act;26
Commonwealth Regulator means the Gene Technology27
Regulator appointed under the Gene Technology Act 200028
(Commonwealth) section 118;29
local regulations means the regulations made under section 31.30
Gene Technology (Western Australia) Bill 2025
Part 1 Preliminary
s. 5
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(2) If a term used in this Act is given a meaning in the Gene1
Technology Act 2000 (Commonwealth), it has the same2
meaning in this Act.3
5. Act binds Crown4
This Act binds the Crown in right of Western Australia and, so5
far as the legislative power of the Parliament permits, the Crown6
in all its other capacities.7
Gene Technology (Western Australia) Bill 2025
Applying Commonwealth gene technology law as State law Part 2
Applying Commonwealth gene technology Act Division 1
s. 6
page 5
Part 2 — Applying Commonwealth gene technology1
law as State law2
Division 1 — Applying Commonwealth gene technology Act3
6. Application of Commonwealth gene technology Act as law4
of the State5
(1) In this section —6
Commonwealth gene technology Act means the Gene7
Technology Act 2000 (Commonwealth) as in force on8
11 August 2025 as amended by each provision that —9
(a) is in an amending Act that has effect for the purposes of10
this Part under section 8; and11
(b) has come into operation for the purposes of this Part12
under section 9.13
(2) The Commonwealth gene technology Act —14
(a) applies as a law of the State; and15
(b) so applies as if it were an Act.16
Note for this subsection:17
Under section 18(2), the Interpretation Act 1984 does not apply to the18
applied gene technology law.19
(3) The Commonwealth gene technology Act applies under20
subsection (2) as modified by the local regulations (if any) made21
for the purposes of section 19.22
7. Tabling amending Acts23
An amending Act must be laid before each House of Parliament24
within 18 sitting days of the House after the day on which the25
Act receives the Royal Assent.26
Gene Technology (Western Australia) Bill 2025
Part 2 Applying Commonwealth gene technology law as State law
Division 1 Applying Commonwealth gene technology Act
s. 8
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8. Disallowance of amending Acts1
(1) In this section —2
disallowance period, in relation to a disallowance resolution of3
which notice is given in a House of Parliament, means the4
period of 30 sitting days of the House after the day on which the5
notice is given;6
disallowance resolution means a resolution that an amending7
Act be disallowed;8
notice period, in relation to an amending Act laid before a9
House of Parliament under section 7, means the period of10
14 sitting days of the House after the day on which the11
amending Act is laid before it.12
(2) An amending Act has effect for the purposes of this Part if the13
amending Act is laid before each House of Parliament under14
section 7 and either —15
(a) no notice of a disallowance resolution is given in either16
House within the notice period; or17
(b) at least 1 notice of a disallowance resolution is given in18
a House within the notice period and, for each such19
notice, 1 of the following applies —20
(i) the notice is withdrawn or discharged within the21
disallowance period;22
(ii) the disallowance resolution is lost in the House23
or not agreed to within the disallowance period.24
(3) For the purposes of this section and section 7 —25
(a) the period specified in section 7, a notice period or a26
disallowance period continues to run even though a27
House of Parliament is prorogued or dissolved or28
expires; and29
Gene Technology (Western Australia) Bill 2025
Applying Commonwealth gene technology law as State law Part 2
Applying Commonwealth gene technology Act Division 1
s. 9
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(b) notice of a disallowance resolution given in a House of1
Parliament, or a motion that an amending Act be2
disallowed in the House, does not lapse even though the3
House is prorogued or dissolved or expires.4
9. Commencement of provisions of amending Acts5
(1) If an amending Act has effect for the purposes of this Part under6
section 8, the Governor must declare that fact by proclamation7
as soon as practicable.8
(2) If a provision of the amending Act has come into operation in9
the Commonwealth before the proclamation is published —10
(a) the proclamation must fix a day on which the provision11
comes into operation for the purposes of this Part, which12
must be on or after the day on which the proclamation is13
published; and14
(b) the provision comes into operation for the purposes of15
this Part on that day.16
(3) If a provision of the amending Act has not come into operation17
in the Commonwealth before the proclamation is published, the18
provision comes into operation for the purposes of this Part19
when the provision comes into operation in the Commonwealth.20
10. Amending Acts enacted on or after 11 August 2025 but21
before commencement day22
If an amending Act receives the Royal Assent on or after23
11 August 2025, but before commencement day, sections 7 to 924
apply to the amending Act as if it received the Royal Assent on25
commencement day.26
11. Tabling of amending Act taken to be publication for27
Standing Orders28
(1) In this section —29
parliamentary committee means a committee established by30
either or both of the Houses of Parliament.31
Gene Technology (Western Australia) Bill 2025
Part 2 Applying Commonwealth gene technology law as State law
Division 2 Applying Commonwealth gene technology instruments
s. 12
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(2) If a Standing Order of a House of Parliament provides that on1
the publication of an instrument under a written law the2
instrument is referred to a parliamentary committee for3
consideration, the laying of an amending Act before the House4
under section 7 is taken to be publication of the amending Act5
for the purposes of the Standing Order.6
(3) This section does not apply if the Standing Orders of the House7
provide specifically for an amending Act to be considered by a8
parliamentary committee.9
Division 2 — Applying Commonwealth gene technology10
instruments11
12. Application of Commonwealth gene technology instruments12
as laws of the State13
(1) A Commonwealth gene technology instrument applies as a law14
of the State.15
(2) A Commonwealth gene technology instrument applies under16
subsection (1) subject to —17
(a) any modifications made by the local regulations for the18
purposes of section 19; and19
(b) to the extent that the instrument is made by a provision20
of an amending Act — section 13; and21
(c) to the extent that the instrument is made under the Gene22
Technology Act 2000 (Commonwealth) on or after23
11 August 2025 — sections 14 and 16.24
(3) The provisions of a Commonwealth gene technology instrument25
that apply as a law of the State because of this section apply as26
subsidiary legislation for the purposes of this Act.27
Note for this section:28
Under section 18(2), the Interpretation Act 1984 does not apply to the29
applied gene technology law.30
Gene Technology (Western Australia) Bill 2025
Applying Commonwealth gene technology law as State law Part 2
Applying Commonwealth gene technology instruments Division 2
s. 13
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13. Commonwealth gene technology instruments made by1
amending Act provision2
A Commonwealth gene technology instrument, to the extent3
that it is made by a provision of an amending Act, has effect for4
the purposes of its application under section 12(1) if —5
(a) the amending Act has effect for the purposes of this Part6
under section 8; and7
(b) the provision has come into operation for the purposes8
of this Part under section 9.9
14. Commonwealth gene technology instruments made under or10
for purposes of amending Act11
(1) This section applies to a provision of a Commonwealth gene12
technology instrument if the provision is made under or for the13
purposes of —14
(a) a provision inserted into the Gene Technology Act 200015
(Commonwealth) by a provision of an amending Act; or16
(b) a provision of the Gene Technology Act 200017
(Commonwealth) as amended by a provision of an18
amending Act.19
(2) The provision of the Commonwealth gene technology20
instrument does not have effect for the purposes of its21
application under section 12(1) until the later of —22
(a) the day on which the provision of the amending Act23
comes into operation for the purposes of this Part under24
section 9; and25
(b) the day on which the provision of the instrument comes26
into operation in the Commonwealth.27
(3) However, if the amending Act does not have effect for the28
purposes of this Part under section 8, the provision of the29
Commonwealth gene technology instrument does not have30
effect for the purposes of its application under section 12(1).31
Gene Technology (Western Australia) Bill 2025
Part 2 Applying Commonwealth gene technology law as State law
Division 2 Applying Commonwealth gene technology instruments
s. 15
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15. Publication of Commonwealth gene technology instruments1
(1) This section applies to a Commonwealth gene technology2
instrument made under the Gene Technology Act 20003
(Commonwealth) on or after 11 August 2025.4
(2) The Commonwealth gene technology instrument must be5
published in accordance with the Interpretation Act 19846
section 41(1)(a) no later than 18 days after the day on which it is7
made.8
(3) If the Commonwealth gene technology instrument is made on or9
after 11 August 2025 but before commencement day,10
subsection (2) applies as if the instrument were made on11
commencement day.12
16. Tabling and disallowance of Commonwealth gene13
technology instruments14
(1) A Commonwealth gene technology instrument published under15
section 15 must be laid before each House of Parliament within16
6 sitting days of the House after the day on which the17
instrument is published.18
(2) A Commonwealth gene technology instrument ceases to have19
effect for the purposes of its application under section 12(1)20
if —21
(a) the instrument is not published under section 15; or22
(b) the instrument is not laid before each House of23
Parliament in accordance with subsection (1); or24
(c) the instrument is laid before each House of Parliament25
in accordance with subsection (1) and —26
(i) notice of a resolution to disallow the instrument27
is given in 1 of those Houses within 14 sitting28
days of the House after the instrument is laid29
before the House; and30
(ii) the resolution to disallow the instrument is31
agreed to by the House.32