This Act makes it an offence to deal with genetically modified organisms (GMOs) in areas the Minister declares GMO-free unless authorised by a permit (and where required, a Commonwealth GMO licence) or an exemption. It sets out how permits are applied for, conditioned, amended, inspected and reviewed, and empowers authorised officers to inspect, seize, quarantine, treat or destroy GMOs and goods.
The Secretary decides permits, exemptions, quarantine places, fees and destruction orders. Permit holders, affected persons, importers and other responsible persons bear compliance costs, inspection fees, potential fines and the risk that seized or destroyed material may not be compensated if offences or condition breaches occur.
This Act establishes a Tasmanian statutory framework for preventing, controlling and responding to the presence and importation of genetically modified organisms, within areas the Minister may declare GMO-free and in relation to the State as a whole. Mechanically the Act does the following.
Creates a mechanism for the Minister to declare all or part of Tasmania a GMO-free area for the stated purpose of aiding preservation of non‑GMO crop and animal identity for marketing (s5). An order is a statutory rule (s5(2)).
Makes it an offence to knowingly "deal with" a GMO within any declared GMO-free area unless authorised by a permit and, in many cases, a Commonwealth GMO licence, or unless the dealing is an exempt dealing under the Commonwealth Gene Technology Act (s7(1), s3 definition references).
Establishes a permit regime administered by the Secretary of the Department. The Secretary manages applications (s8), may grant or refuse a permit (s9), specifies the term (s11), and may impose, amend and enforce permit conditions and site management plans (ss12-16). Permits are non-transferable (s15).
Provides for exemptions from the s7 prohibition that may be class exemptions published in the Gazette or personalised exemptions in writing (s19). Exemptions are subject to conditions, are revocable, and cannot permit conduct that would itself be an offence under s32(1) of the Commonwealth Gene Technology Act (s19(6)).
Confers broad inspection and information‑gathering powers on authorised officers appointed by the Secretary, including entry of non‑residential premises, search and seizure, samples, photography and destructive tests, and powers to require names, documents, assistance and answers (s6, s20, ss21-23). Entry of residences requires a warrant (s24).
Current sections
Direct links to the current provisions in Genetically Modified Organisms Control Act 2004.
GMO-free area means, while an order under section 5 is in force, the whole or the part of Tasmania declared by the Minister in the order to be an area that is free of GMOs;
(b) the seed, flower, fruit, nut, leaf, bulb, corn, tuber, stem or other part of a plant, whether living or dead, and whether or not attached to the plant;
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
5
Declaration of GMO-free area
5 Declaration of GMO-free area
(1) The Minister, by order, may declare the whole or any part of Tasmania to be an area that is free of GMOs if he or she considers that to do so would aid in preserving the identity of non-genetically modified crops and animals for marketing purposes.
(1) A person must not knowingly deal with a GMO in a GMO-free area unless –
(a) that person is authorised to so deal with the GMO by –
(i) both a permit and a GMO licence; or
(ii) a permit if that dealing with the GMO would not be an offence under section 32(1) of the Gene Technology Act 2000 of the Commonwealth; or
(b) that dealing is an exempt dealing within the meaning of section 32 of the Gene Technology Act 2000 of the Commonwealth.
Penalty: Fine not exceeding 2 000 penalty units.
(2) For the purposes of subsection (1) , a person knowingly deals with a GMO if that person –
(a) knows that he or she is dealing with a GMO; or
(b) has reasonable grounds for suspecting that he or she is dealing with a GMO.
(3) It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that he or she –
(a) took all reasonable steps to ensure that he or she did not deal with the GMO; or
(b) was an exempt person in relation to the GMO at the time he or she dealt with it.
Part 3
Permits
Part 3 Permits
Division 1
Obtaining permit and its form and effect
Division 1 Obtaining permit and its form and effect
8
Application for permit
8 Application for permit
(1) A person may apply to the Secretary for a permit to deal with a GMO in a GMO-free area.
(2) An application is to –
(a) be in a form approved by the Secretary; and
(b) be accompanied by any prescribed fee.
(3) The Secretary may require the applicant to provide any further information he or she considers relevant.
(4) An applicant is to notify the Secretary of any change which affects the information included in an application or provided under subsection (3) –
(a) before the change occurs if at all possible; or
(b) as soon as practicable after the change has occurred.
9
Grant of permit
9 Grant of permit
(1) On receipt of an application under section 8 , the Secretary may –
(a) grant a permit to the applicant; or
(b) refuse to grant a permit to the applicant.
(2) In determining whether or not to grant a permit, the Secretary is to consider –
(a) the location and purpose of the dealing with the GMO as proposed in the application; and
(b) the likely impact on market access for non-genetically modified crops and animals of the dealing with the GMO as proposed in the application; and
(c) the management regime for the GMO as proposed in the application; and
(d) any other matter the Secretary considers relevant.
(3) The Secretary may grant a permit to a person who has not applied for one under section 8 if –
(a) the Minister has declared an area to be a GMO-free area under section 5 or has notified the Secretary that he or she intends to make such a declaration; and
(b) there is a GMO in that area; and
(c) the Secretary is satisfied that the person to whom the permit is to be issued is responsible for introducing the GMO to that area or has otherwise had dealings with the GMO.
10
Issue of permit or notice of refusal
10 Issue of permit or notice of refusal
(1) On granting a permit and on receipt of payment of any prescribed permit fee, the Secretary is to issue a permit to the person to whom it is granted.
(2) On refusing to grant a permit, the Secretary is to notify the applicant for the permit, in writing, of that refusal.
11
Term of permit
11 Term of permit
(1) A permit is in force for the period determined by the Secretary and specified in the permit.
(2) A permit comes into force on the day it is issued or on a later day determined by the Secretary and specified in the permit.
(3) A permit ceases to be in force when any of the following occurs:
(a) the period for which the permit is in force ends;
(a) a condition requiring, or relating to, the removal of a GMO from a GMO-free area; and
(b) a condition requiring the permit holder or an affected person, or both, to comply with a site management plan.
(3) The Secretary may determine the conditions to which a permit is subject when determining to grant the permit under section 9 or at any time after the permit has been issued.
(4) If the Secretary imposes conditions after the permit has been issued, those conditions take effect on the day the permit holder receives written notice of the conditions or on a later day specified in that notice.
(a) notify the permit holder of that amendment; and
(b) in the case of an amendment of a permit, either endorse that amendment on the permit and the copy of the permit held by each affected person or provide the permit holder and each affected person with a replacement permit or copy of the replacement permit; and
(c) in the case of an amendment of the conditions to which a permit is subject –
(i) endorse that amendment on the permit and the copy of the permit held by each affected person or provide the permit holder and each affected person with a replacement permit or a copy of the replacement permit; or
(ii) endorse that amendment on the conditions to which the permit is subject and the copy of those conditions held by each affected person or provide the permit holder and each affected person with replacement conditions or a copy of the replacement conditions; or
(iii) if only the site management plan is amended, endorse that amendment on the site management plan and the copy of the site management plan held by each affected person or provide the permit holder and each affected person with a replacement site management plan or a copy of the replacement site management plan.
(8) [Section 16 Subsection (8) amended by No. 44 of 2007, s. 11, Applied:13 Nov 2007] An amendment of a permit, the conditions to which a permit is subject or a site management plan referred to in such conditions takes effect on the day the permit holder receives written notice of the amendment or on a later day specified in that notice.
17
Renewal of permit
17 Renewal of permit
(1) In this section –
expiry day means the day on which the term of a permit ends and the permit ceases to be in force.
(2) A permit holder may apply to the Secretary for the renewal of the permit not less than 3 calendar months before the expiry day.
(3) This Part applies in respect of an application for the renewal of a permit and that renewal as if the application were an application for a first permit.
(4) If –
(a) a permit holder applies for the renewal of a permit as specified in subsection (2) ; and
(b) the Secretary renews the permit –
the renewal takes effect on the day after the expiry day.
(5) If –
(a) a permit holder applies for the renewal of a permit as specified in subsection (2) ; and
(b) the Secretary has not renewed the permit by the expiry day –
the permit continues in force until the Secretary has notified the permit holder, in writing, of the renewal of the permit or until the application for renewal is withdrawn.
(a) a permit holder applies for the renewal of a permit as specified in subsection (2) ; and
(b) the Secretary refuses to renew the permit –
the Secretary is to notify the permit holder, and each affected person, of that refusal in writing, and the permit continues in force until the day specified in that notice.
18
Surrender of permit
18 Surrender of permit
(1) With the approval of the Secretary, a permit holder may surrender the permit.
(3) The approval of the Secretary is subject to any conditions specified in the notice under subsection (2) .
(4) A surrender of a permit takes effect on the day the notice under subsection (2) is received by the permit holder or a later day specified in the notice.
(5) A notice under subsection (2) may specify the day on which the surrender of the permit takes effect by reference to –
(a) a time or a date; or
(b) the fulfilling of a condition; or
(c) the happening of an event; or
(d) any other thing the Secretary considers appropriate.
unintended presence, in relation to the presence of a GMO in a plant, means the presence of the GMO in the plant otherwise than by –
(a) the intentional action of a person whether or not under a GMO licence or a permit; or
(b) the reckless actions of any person.
(2) By notice in the Gazette, the Secretary may exempt persons of a class specified in the notice from the operation of section 7(1) .
(3) If under subsection (2) the Secretary exempts persons of a class from the operation of section 7(1) in relation to a GMO, a person who is intentionally or recklessly responsible for the presence of that GMO is not a member of that class.
(4) By written notice provided to a person, the Secretary may exempt a person from the operation of section 7(1) if satisfied that the person did not intentionally or recklessly cause the presence of the GMO in respect of which the exemption is given.
(5) The Secretary may exempt a person under subsection (4) on his or her own discretion or on the request of the person.
(6) Despite subsections (2) and (4) , the Secretary may not give an exemption under either of those subsections if the dealing with the GMO that would be allowed by the exemption would constitute an offence under section 32(1) of the Gene Technology Act 2000 of the Commonwealth.
(7) An exemption may be given in relation to, or consideration of, any one or more of the following matters:
(a) the unintended presence of a GMO in a plant;
(b) the dealing by agricultural contractors, agricultural contracting companies, agricultural product processors or other persons with a GMO;
(c) any other matter the Secretary considers relevant.
(8) An exemption is subject to the conditions specified in it.
(9) In the case of an exemption given under subsection (2) , the exemption in respect of a person of the class specified in the exemption is also subject to any conditions specified in a written notice provided to that person.
(10) The conditions to which an exemption given under subsection (2) is subject may be different or apply differently according to such factors as are specified in the exemption.
(11) A person who is given an exemption must comply with the conditions of the exemption.
Penalty: Fine not exceeding 2 000 penalty units.
(12) The Secretary may at any time –
(a) revoke, suspend or amend an exemption given under subsection (2) , including the conditions specified in it, by notice in the Gazette; and
(b) revoke, suspend or amend an exemption given under subsection (4) , including the conditions to which it is subject, by written notice provided to the exempt person.
(13) Despite subsection (12)(b) , if the Secretary is satisfied that an exempt person has contravened this Act or is satisfied of any matter prescribed for the purpose of section 28A(2)(b) , the Secretary –
(a) may not revoke, suspend or amend the exemption under subsection (12)(b) ; but
(b) may take disciplinary action as specified in section 28A .
(14) For the purposes of subsection (12) , the amendment of an exemption may include the addition of a condition to the exemption, whether or not the exemption previously included any conditions.
(a) enter, remain in and inspect any premises or area, other than premises that are a residence –
(i) [Section 20 Subsection (1) amended by No. 44 of 2007, s. 15, Applied:13 Nov 2007] in or from which an authorised officer has reasonable grounds for believing that a permit holder, affected person, exempt person or other person has dealt with, or is or may be dealing with, a GMO or anything that contains or may contain a GMO; or
(a) provide the authorised officer with his or her name and address; and
(b) answer any question that the authorised officer considers relevant; and
(c) provide as directed a document, or a copy of a document, that is in the person's possession or control and that the authorised officer considers relevant; and
(d) otherwise provide information that the person has access to and that the authorised officer considers relevant; and
(e) provide reasonable assistance in relation to the exercise of the authorised officer's powers.
(3) In the exercise of his or her powers under this section, an authorised officer may be assisted by such police officers or other persons as the authorised officer considers appropriate.
(4) A police officer or other person assisting an authorised officer has the same powers under this section as the authorised officer has.
(5) A person must not, without reasonable excuse, fail or refuse to comply with a requirement made under subsection (2) .
(a) the Secretary has possession of the document or thing; and
(b) the Secretary may retain the document or thing for so long as is necessary for the purposes of this Act; and
(c) the authorised officer must provide written notice of the seizure or taking of possession as soon as is reasonably practicable to –
(i) the person from whom it was seized or taken; or
(ii) the person who would be entitled to possession of the document if it were not in the possession of the Secretary; and
(d) on the request of a person who would be entitled to possession of the document if it were not in the possession of the Secretary, the Secretary must provide that person with a copy of the document certified by the Secretary to be a true copy.
(2) A copy of a document certified by the Secretary to be a true copy is to be received in all courts and elsewhere as if it were the original document.
(d) a person apparently employed by the permit holder, affected person or exempt person;
(e) a person who is apparently in charge of the premises or area inspected or being inspected;
(f) a person apparently employed in those premises or that area.
(2) [Section 22 Subsection (2) substituted by No. 44 of 2007, s. 17, Applied:13 Nov 2007] Without limiting the directions that may be given under subsection (1) , those directions may include directions requiring the person to whom they are given to take any actions or measures to ensure that a contravention of this Act or a condition to which the permit or exemption is subject does not, or does not continue, to occur.
(3) A person given a direction under subsection (1) must comply with the direction.
(a) an authorised officer has given a direction under subsection (1) in respect of a GMO, a thing containing a GMO or a thing that the officer reasonably believes may contain a GMO; and
(b) that officer or another authorised officer reasonably believes that the person to whom the direction was given is not complying with it –
that officer or other authorised officer may take any measures, including the seizure and retention of the thing, that he or she considers appropriate.
23
Authorised officer to show identification
23 Authorised officer to show identification
If, during an inspection under section 20 , a person to whom section 20(2) applies requests that the authorised officer produce identification –
(a) the officer must produce his or her identification as an authorised officer to that person; and
(b) the officer may not take any action or further action under this Act in relation to the inspection until he or she has so produced that identification.
24
Warrant to enter premises
24 Warrant to enter premises
(1) If a person refuses to allow an authorised officer to enter, remain in and inspect premises or an area that the authorised officer on reasonable grounds believes, or if an authorised officer on reasonable grounds believes that a residence –
the authorised officer may apply to a justice for a warrant.
(2) On receipt of an application under subsection (1) , a justice may issue a warrant if satisfied, by information on oath –
(a) that a person has refused to allow an authorised officer to enter, remain in and inspect the premises or area; or
(b) that the authorised officer has reasonable grounds for the belief referred to in that subsection in relation to the residence.
(3) A warrant authorises an authorised officer and such police officers and other assistants as the authorised officer considers appropriate, using such force as is reasonable –
(a) to enter, remain in and inspect the premises, area or residence specified in the warrant; and
(b) to perform and exercise any functions and powers in those premises or that area or residence that the authorised officer, police officers and assistants may perform and exercise in, or in respect of, any premises or area lawfully entered under section 20 .
(4) An application for a warrant –
(a) may be in a written form approved and provided by the Secretary; or
(b) if the justice is satisfied that the circumstances are urgent or that the delay resulting from a written application would frustrate the effective execution of the warrant, may be made by telephone, telex, facsimile, e-mail or other electronic means.
(5) Section 15 of theSearch Warrants Act 1997 applies, with necessary modifications and adaptations, in respect of an application under this section and a warrant issued as a result of such an application.
(6) A person must not refuse to allow an authorised officer or any police officer or other person assisting the authorised officer to enter, remain in and inspect any premises, area or residence when authorised by a warrant under this section.
(1) A permit holder, affected person, exempt person or other person responsible for –
(a) a GMO; or
(b) a thing containing a GMO; or
(c) a thing that the authorised officer reasonably believed may have been or contained a GMO –
that has been destroyed or damaged as the result of an inspection under section 20 is not entitled to any compensation in relation to the destruction or damage if the destruction or damage was a consequence of the permit holder, affected person, exempt person or other person committing an offence under this Act or contravening the conditions to which a relevant permit or relevant exemption is subject.
(2) A permit holder, affected person, exempt person or other person responsible for –
(a) a GMO; or
(b) a thing containing a GMO; or
(c) a thing that the authorised officer reasonably believed may have been or contained a GMO –
that has been destroyed or damaged as the result of an inspection under section 20 is entitled to compensation in relation to the destruction or damage if the destruction or damage occurred for a reason other than that the permit holder, affected person, exempt person or other person committed an offence under this Act or contravened the conditions to which a relevant permit or relevant exemption is subject.
(3) A claim for compensation is to be –
(a) in a form approved by the Secretary; and
(b) accompanied by such evidence as the Secretary requires of the loss or damage suffered as the result of the destruction or damage; and
(c) made within one year after the destruction of, or damage to, the GMO, thing containing a GMO or thing that the authorised officer reasonably believed may have been or contained a GMO.
(4) Subject to subsection (6) , the amount of compensation payable is the amount agreed between the Secretary and the permit holder, affected person, exempt person or other person responsible for the GMO, thing containing a GMO or thing that the authorised officer reasonably believed may have been or contained a GMO.
(5) If the permit holder, affected person, exempt person or other person and the Secretary cannot agree to the amount of compensation payable, the amount is to be determined, subject to subsection (6) , in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .
(6) Compensation payable under this section in relation to the destruction of, or damage to, a crop may not exceed the farm gate value of the crop.
farm gate value, in relation to a crop, means the price at which the crop could reasonably be expected to have been sold by its primary producer if not destroyed or damaged as a result of an inspection under section 20 .
(8) Compensation is payable out of money provided by Parliament for the purpose.
(9) [Section 27 Subsection (9) amended by No. 44 of 2007, s. 23, Applied:13 Nov 2007] If the whole or any part of any costs the permit holder, affected person, exempt person or person apparently in charge of the GMO or thing containing a GMO is required to meet under subsection (6) is due and unpaid, that amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.
28
Compensation relating to destruction of GMO or thing containing GMO
28 Compensation relating to destruction of GMO or thing containing GMO
that has been destroyed under section 27 is not entitled to any compensation in relation to the destruction if the destruction was a consequence of the permit holder, affected person, exempt person or other person committing an offence under this Act or contravening the conditions to which a relevant permit or relevant exemption is subject.
that has been destroyed under section 27 is entitled to compensation in relation to the destruction if the destruction was for a reason other than that the permit holder, affected person, exempt person or other person committed an offence under this Act or contravened the conditions to which a relevant permit or relevant exemption is subject.
farm gate value, in relation to a crop, means the price at which the crop could reasonably be expected to have been sold by its primary producer if not destroyed under section 27 .
(6) Compensation is payable out of money provided by Parliament for the purpose.
disciplinary action means any one or more of the following:
(a) the issuing of a letter of censure;
(b) the imposition of a fine not exceeding 20 penalty units;
(c) the amendment of a permit or exemption;
(d) the suspension of a permit or exemption;
(e) the cancellation or revocation of a permit or exemption.
(2) Subject to this section, the Secretary may take disciplinary action if satisfied –
(a) that a permit holder, affected person or exempt person has contravened this Act; or
(b) of any other prescribed matter.
(3) The Secretary may not take disciplinary action, other than the issue of a letter of censure, without first allowing the permit holder, affected person or exempt person an opportunity to make submissions in relation to the matter and considering any submissions so made.
(4) A letter of censure may direct the permit holder, affected person or exempt person to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter of censure and may direct that the action be taken within a period specified in the letter.
(5) A permit holder, affected person or exempt person must comply with a direction given in a letter of censure within the period specified in the letter of censure.
(6) On determining whether or not to take disciplinary action under this section, the Secretary must notify the permit holder, affected person or exempt person in writing as to whether or not disciplinary action is being taken and, if so, what disciplinary action is being taken.
(7) The cancellation, revocation, suspension or amendment of a permit or exemption, or the amendment of the conditions to which a permit or exemption is subject, takes effect on the day the permit holder or exempt person receives the notice given under subsection (6) or on a later day specified in that notice.
(8) The Secretary may at any time terminate or reduce a period of suspension.
(9) The Secretary is to notify, in writing, each affected person –
(a) of the cancellation, suspension or amendment of a permit in the taking of disciplinary action against the permit holder; and
(b) of the termination or reduction of the period of the suspension of a permit which was imposed in taking disciplinary action against the permit holder.
(10) A fine imposed under this section may be recovered as a debt due to the Crown.
Part 5B
Importation and Quarantine of GMO
Part 5B Importation and Quarantine of GMO
28B
Interpretation of Part
28B Interpretation of Part
In this Part –
responsible person, in relation to a GMO or thing containing or that may contain a GMO, includes, if appropriate –
(a) a permit holder; and
(b) an affected person; and
(c) an exempt person; and
(d) the person in whose baggage or goods the GMO or thing is found when examined under section 28J ; and
(e) the person apparently in possession or in charge of the GMO or thing; and
(f) the person apparently in possession or in charge of the GMO or thing before it is seized or removed to, or placed in, an approved quarantine place; and
(g) the person who would take possession or charge of the thing were it released from the custody of the Secretary after being so seized or from the approved quarantine place; and
(h) the person who would take possession or charge of the GMO or thing on its importation into the State.
28C
Conditions on importation of thing containing GMO
28C Conditions on importation of thing containing GMO
(1) The Secretary, by public notice, may impose any conditions on the importation into the State of a thing, or a thing of a class, which the Secretary reasonably believes may contain a GMO if the Secretary considers it necessary to do so to prevent a GMO being introduced into a GMO-free area.
(2) If a person imports into the State a thing, or a thing of a class, in respect of which the Secretary has imposed conditions under subsection (1) , the person must comply with those conditions.
(1) The Secretary, at his or her own discretion or on granting an application under section 28E , may declare a place to be an approved quarantine place.
(2) The Secretary may only declare a place to be an approved quarantine place if satisfied that the place is suitable to be used for the purposes of examining and quarantining things that contain or may contain a GMO.
(3) A declaration –
(a) is to identify the place which is declared to be an approved quarantine place; and
(b) is to specify the period during which the declaration is in force; and
(c) is to specify the purposes for which the approved quarantine place may be used; and
(d) may specify any conditions and restrictions on the use of the approved quarantine place that the Secretary considers appropriate; and
(e) may provide for any other matter relating to the operation of the approved quarantine place that the Secretary considers appropriate.
(4) The Secretary may amend or revoke a declaration of an approved quarantine place.
28E
Application for approval of place as approved quarantine place
28E Application for approval of place as approved quarantine place
(1) A person may apply to the Secretary for a place to be declared an approved quarantine place.
(2) An application is to –
(a) be in a form approved by the Secretary; and
(b) specify the place to which the application relates; and
(c) specify the purposes for which the place will be used if the application is granted; and
(d) be accompanied by any prescribed fee.
(3) The Secretary may require the applicant to provide any further information the Secretary considers relevant.
(4) On receipt of an application, the Secretary may –
(a) grant the application; or
(b) refuse to grant the application.
(5) On determining an application, the Secretary is to notify the applicant, in writing, of that determination.
28F
Operation of approved quarantine place
28F Operation of approved quarantine place
Unless authorised by an authorised officer or a declaration of approved quarantine place, a person must not –
(a) enter or leave an approved quarantine place; or
(b) take anything into or out of an approved quarantine place.
Penalty: Fine not exceeding 100 penalty units.
28G
Examination and treatment of thing in approved quarantine place, &c.
28G Examination and treatment of thing in approved quarantine place, &c.
(1) An authorised officer may examine a thing removed to or placed in an approved quarantine place to determine whether or not it contains a GMO.
(2) If an authorised officer reasonably believes that a thing removed to or placed in an approved quarantine place contains a GMO, the authorised officer is to arrange for it to be treated or destroyed, or for other measures to be taken, as he or she considers appropriate.
(3) An authorised officer may require the responsible person for a thing being examined or treated, or in respect of which other measures are being taken, in an approved quarantine place to provide any assistance the authorised officer requires.
(4) A responsible person for a thing must comply with a requirement made by an authorised officer under subsection (3) .
Penalty: Fine not exceeding 100 penalty units.
(5) An authorised officer may only arrange for, or require, the destruction of a thing that has a value greater than $500 or, if another value is prescribed, that prescribed value with the written consent of the Secretary.
28H
Certificate of release
28H Certificate of release
An authorised officer may issue a certificate authorising the release of a thing removed to or placed in an approved quarantine place from the approved quarantine place if satisfied that –
(a) the thing –
(i) does not contain a GMO; or
(ii) has been treated, or otherwise has had measures taken in respect of it, so as not to pose a threat to a GMO-free area; and
(b) all applicable fees and charges relating to the examination and treatment of, or the taking of measures in respect of, the thing have been paid.
If an authorised officer reasonably suspects that a GMO or a thing containing or that may contain a GMO may have been, or is likely to be, imported into the State in contravention of this Act, the authorised officer may at any reasonable time –
(a) enter, remain in and inspect any premises or area, other than premises that are a residence, in which the authorised officer reasonably suspects that –
(i) the GMO or thing containing, or that may contain, a GMO may be; or
(ii) any document relating to the importation into the State of the GMO or thing containing, or that may contain, a GMO may be kept; and
(b) stop any vehicle; and
(c) search any premises or area lawfully entered, and break open and search any cupboard, package or other container in the premises or area, for the presence of the GMO or thing containing, or that may contain, a GMO; and
(d) dismantle any thing if the authorised officer considers it necessary to do so for the purpose of determining whether or not a GMO or thing containing, or that may contain, a GMO is present; and
(e) search any person in or on any premises or area lawfully entered if the authorised officer reasonably believes the GMO or thing containing, or that may contain, a GMO is on the person; and
(f) examine, seize, make copies of or take extracts from any document in or on any premises or area lawfully entered; and
(g) take photographs, films, video recordings, audio recordings and other recordings in any premises or area lawfully entered; and
(h) operate mechanical, electrical and electronic equipment in any premises or area lawfully entered; and
(i) undertake examinations, including destructive tests, in any premises or area lawfully entered for the purpose of determining whether or not the GMO or thing containing, or that may contain, a GMO is present; and
(j) in any premises or area lawfully entered, exercise any other power an authorised officer may exercise under this Part.
28J
Examining baggage and goods entering State
28J Examining baggage and goods entering State
(1) An authorised officer may examine and search baggage and other goods entering the State if the officer reasonably believes that –
(a) a GMO or thing containing, or that may contain, a GMO has been or may have been imported into the State in contravention of this Part; or
(b) it is necessary to do so to prevent a GMO being introduced to a GMO-free area.
(2) For the purposes of an examination, an authorised officer may –
(a) require a person entering the State to submit his or her baggage or goods for examination; and
(b) open the baggage or goods; and
(c) open any package or other container in the baggage or goods; and
(d) dismantle any thing if the authorised officer considers it necessary to do so for the purpose of determining whether or not a GMO or thing containing, or that may contain, a GMO is present; and
(e) examine, seize, make copies of or take extracts from any document in, on or accompanying the baggage or goods; and
(f) take photographs, films, video recordings, audio recordings and other recordings in relation to the examination; and
(g) operate mechanical, electrical and electronic equipment in relation to the examination or which comprises or is in, on or accompanying the baggage or goods; and
(h) undertake examinations, including destructive tests, for the purpose of determining whether or not a GMO or thing containing, or that may contain, a GMO is present in or on the baggage or goods; and
(i) exercise any other power an authorised officer may exercise under this Part.
(3) If on conducting an examination the authorised officer discovers a thing he or she reasonably believes is a GMO or a thing he or she reasonably believes contains or may contain a GMO, the authorised officer may do any one or more of the following:
(a) remove the thing to, or place the thing in, an approved quarantine place;
(b) require the person to remove the thing to, or place the thing in, an approved quarantine place;
(c) exercise any other power an authorised officer may exercise under this Part.
(4) A person must comply with a requirement made under subsection (3) .
Penalty: Fine not exceeding 50 penalty units.
(5) On convicting a person of an offence under subsection (4) , in addition to or instead of imposing a penalty the court may order the person to comply with the requirement.
28K
Samples
28K Samples
When performing or exercising any functions or powers under this Part, an authorised officer may –
(a) take samples from, or specimens of, a thing that the authorised officer reasonably suspects is a GMO or may contain a GMO; and
(b) submit a sample or specimen taken under paragraph (a) for examination at a laboratory approved by the Secretary.
28L
Seizure
28L Seizure
(1) When performing or exercising any functions or powers under this Part, an authorised officer may seize –
(a) a GMO or thing that the authorised officer reasonably believes contains or may contain a GMO that has been imported into the State in contravention of this Part; or
(b) a GMO or thing in respect of which that or another authorised officer has given a direction to a person under this Part if that authorised officer reasonably believes that the person has not complied with the direction; or
(c) a document or thing that appears to indicate that an offence under this Part has been or is being committed.
(2) If an authorised officer, or a police officer or person assisting an authorised officer, has seized or otherwise taken possession of a document, GMO or other thing under this Part –
(a) the Secretary has possession of the document, GMO or thing while the Secretary retains it; and
(b) the Secretary may retain the document, GMO or thing for so long as is necessary for the purposes of this Act; and
(c) the authorised officer must provide written notice of the seizure or taking of possession as soon as is reasonably practicable to –
(i) the person from whom the document, GMO or thing was seized or taken; or
(ii) the person who would be entitled to possession of it if it were not in the possession of the Secretary; and
(d) on the request of a person who would be entitled to possession of the document if it were not in the possession of the Secretary, the Secretary must provide that person with a copy of the document certified by the Secretary to be a true copy; and
(e) the Secretary may release the document, GMO or thing, subject to any conditions the Secretary considers appropriate, to the person entitled to possession of it.
(3) Without the written permission of the Secretary, a person must not interfere with or remove from the possession of the Secretary a document, GMO or other thing seized by an authorised officer, police officer or person assisting an authorised officer under this Part.
Penalty: Fine not exceeding 100 penalty units.
(4) A copy of a document certified by the Secretary to be a true copy is to be received in all courts and elsewhere as if it were the original document.
28M
Treatment, &c., of GMO or thing containing GMO
28M Treatment, &c., of GMO or thing containing GMO
(1) If an authorised officer, when performing or exercising any functions or powers under this Part, reasonably believes that –
(a) a GMO has been imported into the State in contravention of this Part; or
(b) a thing contains or may contain a GMO and has been imported into the State in contravention of this Part –
the authorised officer may arrange for the GMO or thing to be treated or destroyed, or for other measures to be taken, as he or she considers appropriate.
(2) Without limiting subsection (1) , the authorised officer may arrange for measures to be taken in respect of the GMO or thing by arranging for one or more of the following:
(a) the isolation of the GMO or thing;
(b) the tagging or marking of the GMO or thing for the purposes of identification;
(c) the return of the GMO or thing to the place from where it came.
(3) An authorised officer may only arrange for the destruction of a thing that has a value greater than $500 or, if another value is prescribed, that prescribed value with the written consent of the Secretary.
28N
Authorised officer may give directions
28N Authorised officer may give directions
(1) When performing or exercising, or as a result of the performance or exercise of, any functions or powers under this Part in relation to a GMO or thing containing, or that may contain, a GMO, an authorised officer may give written directions to one or more of the following persons:
(a) the responsible person for the GMO or thing;
(b) a person who is apparently in charge of the premises or area inspected;
(c) a person apparently employed by the responsible person for the GMO or thing or in the premises or area inspected;
(d) the operator of, or a person who is apparently in charge of or employed in, an approved quarantine place.
(2) Without limiting the directions that may be given under subsection (1) , those directions may include directions directing the person to whom they are given to take any actions or measures to ensure that –
(a) a contravention of this Part; or
(b) a contravention of a condition or restriction to which the importation into the State of a GMO or thing, or a permit or exemption, is subject –
does not occur or does not continue to occur.
(3) A person given a direction under subsection (1) must comply with the direction.
Penalty: Fine not exceeding 50 penalty units.
(4) On convicting a person of an offence under subsection (3) , in addition to or in instead of imposing a penalty the court may order the person to comply with the direction in respect of which the offence was committed.
28O
Requiring assistance of responsible person, &c.
28O Requiring assistance of responsible person, &c.
(1) If an authorised officer when performing or exercising any functions or powers under this Part becomes aware of a thing that he or she reasonably believes is, contains or may contain a GMO, the authorised officer may require a person to whom the authorised officer may give directions under section 28N(1) to do one or more of the following:
(a) provide any assistance the authorised officer requires in relation to the removal of the thing to, or the placement of the thing in, an approved quarantine place;
(b) remove the thing to, or place the thing in, the approved quarantine place specified in the requirement in accordance with any conditions specified in the requirement.
(2) A person must comply with a requirement made under subsection (1) .
Penalty: Fine not exceeding 100 penalty units.
28P
Requiring information
28P Requiring information
(1) When performing or exercising any functions or powers under this Part, an authorised officer may require a person to whom the authorised officer may give directions under section 28N(1) to –
(a) provide the authorised officer with his or her name and address; and
(b) answer any question that the authorised officer considers relevant; and
(c) provide as directed a document, or a copy of a document, that is in the person's possession or control and that the authorised officer considers relevant; and
(d) otherwise provide information that the person has access to and that the authorised officer considers relevant.
(2) A person must comply with a requirement made under subsection (1) unless the person has a reasonable excuse for not doing so.
Penalty: Fine not exceeding 50 penalty units.
(3) On convicting a person of an offence under subsection (2) , in addition to or instead of imposing a penalty the court may order the person to provide the answer, other information or document in respect of which the offence was committed.
28Q
General assistance and facilities
28Q General assistance and facilities
(1) If an authorised officer considers it necessary for the performance or exercise of any functions or powers under this Part, the authorised officer may require any person –
(a) to give reasonable assistance to the authorised officer; and
(b) to provide for the use of the authorised officer any facilities that –
(i) the authorised officer considers necessary for the safe, effective and efficient performance or exercise of those functions or powers; and
(ii) are reasonable to be provided by the person; and
(iii) are in the possession or control of the person.
(2) A person must comply with a requirement made under subsection (1) .
Penalty: Fine not exceeding 50 penalty units.
28R
Authorised officer may have assistants
28R Authorised officer may have assistants
(1) When performing or exercising any functions or powers under this Part, an authorised officer may be assisted by such police officers or other persons as the authorised officer considers appropriate.
(2) A police officer or other person assisting an authorised officer has the same powers under this Part as the authorised officer has.
28S
Use of force
28S Use of force
When performing or exercising any functions or powers under this Part, an authorised officer may use any reasonable force necessary in the circumstances.
28T
Authorised officer to show identification
28T Authorised officer to show identification
If, when an authorised officer proposes to perform or exercise, or performs or exercises, any functions or powers under this Part, a person to whom the authorised officer may give directions under section 28N(1) requests that the officer produce identification –
(a) the officer must produce his or her identification as an authorised officer to that person; and
(b) the officer may not perform or exercise, or continue to perform or exercise, any functions or powers under this Act until he or she has so produced that identification.
28U
Warrant to enter premises
28U Warrant to enter premises
(1) An authorised officer may apply to a magistrate for a warrant if –
(a) a person refuses to allow an authorised officer to enter, remain in and inspect premises or an area and the authorised officer on reasonable grounds believes that the premises or area contains or may contain a GMO or thing in respect of which an offence under this Part is being or has been committed or a document relating to the importation into the State of such a GMO or thing; or
(b) the authorised officer on reasonable grounds believes that a residence contains or may contain a GMO or thing in respect of which an offence under this Part is being or has been committed or a document relating to the importation into the State of such a GMO or thing.
(2) On receipt of an application under subsection (1) , a magistrate may issue a warrant if satisfied, by information on oath –
(a) that a person has refused to allow an authorised officer to enter, remain in and inspect the premises or area; or
(b) that the authorised officer has reasonable grounds for the belief referred to in that subsection in relation to the residence.
(3) A warrant authorises an authorised officer and such police officers and other assistants as the authorised officer considers appropriate, using such force as is reasonable –
(a) to enter, remain in and inspect the premises, area or residence specified in the warrant; and
(b) to perform and exercise any functions and powers in the premises, area or residence that the authorised officer, police officers and assistants may perform and exercise in, or in respect of, any premises, area or residence lawfully entered under this Part.
(4) An application for a warrant –
(a) may be in a written form approved and provided by the Secretary; or
(b) if the justice is satisfied that the circumstances are urgent or that the delay resulting from a written application would frustrate the effective execution of the warrant, may be made by telephone, telex, facsimile, email or other electronic means.
(5) Section 15 of theSearch Warrants Act 1997 applies, with necessary modifications and adaptations, in respect of an application under this section and a warrant issued as a result of such an application.
(6) A person must not refuse to allow an authorised officer or any police officer or other person assisting the authorised officer to enter, remain in and inspect any premises, area or residence when authorised by a warrant under this section.
Penalty: Fine not exceeding 10 penalty units.
Part 6
Offences
Part 6 Offences
29
Offences in relation to inspections, &c.
29 Offences in relation to inspections, &c.
A person must not, without reasonable excuse –
(a) resist, impede, obstruct or assault –
(i) an authorised officer who is performing or exercising any function or power under this Act; or
(ii) a person assisting that authorised officer; or
(b) use threatening, abusive or insulting language to such an authorised officer or assistant; or
(c) prevent or attempt to prevent a person from answering questions, giving information or providing documents to such an officer or assistant; or
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the statement is false or misleading; or
(c) provide a document that the person knows to be false or misleading without informing the person to whom the document is provided of that knowledge.
(a) the refusal to grant a permit or personal exemption;
(b) the refusal to renew a permit;
(c) the imposition of a condition to which a permit or personal exemption is subject;
(d) the amendment of a permit or personal exemption, including the amendment of any conditions to which the permit or personal exemption is subject;
(e) the cancellation or suspension of a permit or personal exemption;
(f) a prescribed decision.
Part 8
Miscellaneous
Part 8 Miscellaneous
31
Offence by body corporate
31 Offence by body corporate
(1) If a body corporate commits an offence against this Act, each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person shows that –
(a) the act or omission constituting the offence took place without the person's knowledge or consent; or
(b) the person used all due diligence to prevent that act or omission by the body corporate.
(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with, or convicted of, the offence.
32
Continuing offence
32 Continuing offence
If an offence against this Act is a continuing offence, a person who commits the offence is liable, in addition to the penalty otherwise prescribed, to a further penalty not exceeding one-fifth of the maximum penalty otherwise prescribed for each day during which the offence continues.
33
Evidence
33 Evidence
(1) In this section –
specified means specified in a certificate referred to in subsection (2) .
(2) In any legal proceedings, a document purporting to be a certificate signed by the Secretary and relating to one or more of the following matters is evidence of the facts stated in the certificate:
(a) the appointment of an authorised officer under this Act;
(b) whether or not a specified person was a permit holder at the specified time;
(c) whether or not a specified condition was a condition to which a specified permit was subject at the specified time;
(d) whether or not a destruction order was in force at a specified time and the specified details of a destruction order;
(e) the amount of costs incurred in the taking of specified action under this Act;
(f) whether or not a thing was a GMO at the specified time.
34
Regulations
34 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may provide for the waiver of fees.
(3) Regulations may be made so as to apply differently according to such factors as are specified in the regulations.
(4) The regulations may provide that a contravention of any of the regulations is an offence.
(5) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Secretary.
(6) Regulations made under this section may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any enactment amending this Act.
(7) A provision referred to in subsection (6) may, if the regulations so provide, take effect from the commencement of this Act, or the enactment amending this Act, or from a later day.
(a) the administration of this Act is assigned to the Minister for Primary Industries and Water; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Water and Environment.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Genetically Modified Organisms Control Act 2004 .
2 Commencement
2 Commencement
This Act commences on the day on which this Act receives the Royal Assent.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears –
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]affected person means a person who is not a permit holder but –
(a) is specified in any site management plan which is included in, or attached to, the permit or the conditions to which the permit is subject; and
(b) deals with the GMO in respect of which the permit is issued, under the authority of that permit;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]approved quarantine place means a place declared to be an approved quarantine place under section 28D ;
authorised officer means a person appointed as an authorised officer under section 6(2) ;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]deal with, in relation to a GMO, or thing that contains or may contain a GMO, means –
(a) conduct experiments with the GMO or thing; or
(b) make, develop, produce or manufacture the GMO or thing; or
(c) breed the GMO or thing; or
Authorises seizure, quarantine and destruction of GMOs or things containing GMOs, either after inspection or under destruction orders issued by the Secretary (ss26-27). The Secretary may recover reasonable destruction costs from responsible persons if destruction follows an offence, and may pay compensation out of parliamentary funds where destruction or damage did not result from an offence (ss27(6)-(9), 28).
Imposes import conditions and quarantine powers specific to things that may contain GMOs, including declaration and operation of approved quarantine places, examination, treatment or destruction of imported goods, and powers to seize and detain goods at borders and ports (Part 5B, ss28C-28M).
Provides disciplinary powers short of criminal prosecution, including letters of censure, fines up to 20 penalty units, amendment, suspension or cancellation of permits and exemptions; the Secretary may take disciplinary action and must give affected persons an opportunity to make submissions before imposing disciplinary action other than a letter of censure (s28A).
Sets civil enforcement and criminal penalties for a range of contraventions, defines corporate liability and continuing offences, allows recovery of inspection fees and costs as debts to the Crown, and creates avenues for review of specified administrative decisions to the Tasmanian Civil and Administrative Tribunal (ss25, 30, 31-33; see penalties throughout Parts 2-6).
Permits the Governor to make regulations, including fee waivers and matters to be determined by the Secretary, and provides for the administrative allocation of the Act to a department until administrative arrangements are otherwise made (ss34-35).
Includes expiry of the Act 25 years after commencement (s36), and a schedule of consequential amendments (Schedule 1).
The Act repeatedly cross‑references Commonwealth legislation, most importantly the Gene Technology Act provision for GMO licences and exempt dealings. The Secretary holds central decision making power across permits, exemptions, quarantine place declarations, fees, enforcement and compensation, while authorised officers exercise field powers granted by the Secretary. The stated policy rationale for GMO-free areas is to aid preservation of non‑GM identity for marketing purposes (s5(1)); that rationale is presented in the Act as the explicit trigger for an order. The Act operationalises that purpose by creating criminal and administrative controls, inspection and disposal powers, and a compensatory regime limited by specified caps and conditions (see ss5, 7, 25A, 28, 28G).
Main concepts
The Act centralises a small set of statutory concepts, each carrying practical consequences for producers, importers and administrators. Definitions and cross‑references shape the scope and interaction of those concepts.
GMO and GMO licence. The Act adopts the Commonwealth definition of "genetically modified organism" from the Gene Technology Act (s3). It also requires, in many circumstances, that a person dealing with a GMO in a GMO‑free area be authorised both by a Tasmanian permit and a Commonwealth GMO licence (s7(1)(a)(i)). The Act therefore layers State-level controls on top of Commonwealth licensing, making the Commonwealth licence a gating condition for some permitted activity.
GMO-free area. The Minister may, by order, declare all or any part of Tasmania a GMO‑free area if the Minister considers it would aid in preserving non‑GMO identity for marketing purposes (s5(1)). The order is a statutory rule (s5(2)). While the declaration is discretionary, its effect is to trigger the permit and exemption architecture and criminal prohibitions in s7 for that area.
"Dealing with" a GMO. The Act provides an expansive definition that captures a wide range of activities, from experiments and manufacture to importation, possession, use, growth, harvesting, transport and responsibility for occurrence in a place (s3). Subsection 3(2) clarifies that introducing a GMO into a place qualifies a person as "responsible for the occurrence or existence" of the GMO there.
Permits and conditions. The Secretary issues permits under Part 3. Permits must be in a Secretary‑approved form, specify the authorised location and activities, and may be subject to conditions including site management plans (ss8, 12-14). The Secretary may impose or amend conditions after issue, and must notify permit holders and affected persons (ss12(3)-(5), 16).
"Affected person" and non‑transferability. The Act defines affected person as a non‑permit holder specified in the site management plan and who deals with the GMO under the permit's authority (s3). Permits are explicitly non‑transferable (s15). The combined effect is to bind particular individuals identified in management documents to permit conditions.
Exemptions. The Secretary may grant class exemptions by Gazette notice or personalised exemptions in writing (s19). Exempt persons are excluded from the operation of s7(1), subject to conditions and revocation powers. Exemptions cannot authorise conduct that would be an offence under s32(1) of the Commonwealth Act (s19(6)). The Act contemplates exemptions for unintended presence, contractors and processors (s19(7)(a),(b)).
Authorised officers. Appointed by the Secretary (s6), authorised officers have broad inspection and enforcement powers, including entry of non‑residential premises without warrant where reasonable grounds exist (s20), seizure and destructive testing (ss20, 21), directions (s22), and the power to operate equipment and take samples (s20, 28K). Entry to residences requires a warrant (s24).
Destruction, quarantine and compensation. The Secretary may order destruction (s26). Authorised officers can seize and destroy GMOs under a destruction order (s27). Compensation for inspection‑caused damage and for destruction is available in limited circumstances, subject to caps such as farm gate value for crops (ss25A, 28). Where destruction follows an offence, compensation may be excluded and costs may be recovered from responsible persons (ss25A(1), 27(6)-(9), 28(1),(2),(5A)).
Import controls and quarantine places. The Secretary may impose import conditions by public notice to prevent introduction of GMOs into GMO‑free areas (s28C). The Secretary may declare approved quarantine places for examination and treatment, with rules about entry, treatment, destruction and release certificates (ss28D-28H). Border examination powers allow authorised officers to inspect baggage and goods entering the State and detain or remove suspect items to approved quarantine places (ss28I-28J).
Disciplinary measures and review. The Secretary can take disciplinary action short of prosecution, including fines up to 20 penalty units and cancellation or suspension of permits (s28A). Affected persons may apply to the Tasmanian Civil and Administrative Tribunal for review of specified Secretary decisions, including refusal to grant or renew permits or imposition of conditions (s30(2) as substituted).
These concepts interact as a layered control system. The power to declare an area GMO‑free triggers criminal prohibitions and the need for permits and potentially Commonwealth licences. Authorised officers enforce compliance on the ground, with powers to seize, destroy and require assistance. The Secretary retains central power to authorise activities, set conditions, impose fees and compensate or recover costs. The Act is constructed to align State regulatory action with Commonwealth licensing while reserving Tasmanian discretion on area designations, exemptions and quarantine place operations.
Who it affects
The Act distributes rights, duties and potential liabilities across a number of identifiable groups. For each group the Act either imposes obligations, offers a pathway to authorisation, or assigns enforcement and discretionary powers.
Permit holders. Persons to whom the Secretary issues a permit under Part 3 are authorised to "deal with" a GMO in specified ways and places, subject to conditions and site management plans attached to or specified in the permit (ss9, 12, 13, 14). Permit holders must comply with permit conditions and may be required to surrender permit documents on amendment (ss12(5), 16(5)-(7)). Permits are non‑transferable (s15). Permit holders are liable to disciplinary action, criminal penalties and, in some circumstances, the costs of destruction (s28A; ss7, 27(6)-(9)).
Affected persons. Defined as non‑permit holders who are specified in a site management plan and who deal with the GMO under the permit's authority (s3). Affected persons are bound by permit conditions and must be notified of amendments (ss12(4A), 16(5)). They may be required to comply with Secretary directions and to pay inspection fees where so directed (s25).
Exempt persons. Persons in classes exempted by Gazette notice or individuals granted personal exemptions by written notice are exempt from s7(1) subject to conditions and revocation powers (s19). Exemptions are limited where the dealing would be an offence under the Commonwealth Act (s19(6)). Exempt persons are also liable to penalties for failing to comply with exemption conditions (s19(11)).
Importers and travellers. The Act authorises authorised officers to examine baggage and goods entering the State, require submission of goods for inspection, open containers, take samples and remove goods to approved quarantine places (s28J). Persons entering the State who refuse a lawful requirement may face fines and compliance orders (s28J(4)-(5)).
Agricultural producers and processors. Primary producers, agricultural contractors, contracting companies and processors are directly mentioned as possible subjects of exemptions (s19(7)(b)). They are also likely to be permit applicants, affected persons or persons with responsibility for crops, and hence subject to inspection, destruction and compensation regimes (Parts 3, 4, 5).
Responsible persons. The Part 5B definition of "responsible person" broadly captures permit holders, affected persons, exempt persons, persons in whose baggage goods are found, persons apparently in possession or in charge prior to seizure, and those who would take possession on release. This definition is consequential for obligations to assist, to move goods to quarantine, and for liability for costs and penalties (s28B).
Businesses and bodies corporate. The Act attributes liability to persons concerned in the management of bodies corporate who are taken to have committed offences unless they prove lack of knowledge or that they used all due diligence (s31). Corporations dealing in agricultural products, logistics, quarantine services, testing laboratories and importation service providers will be affected by procedural and compliance obligations under the Act.
Department and Secretary. The Secretary of the Department is the central administrative decision maker under the Act, appointing authorised officers (s6), issuing permits, exemptions and quarantine place declarations (ss9, 19, 28D), imposing fees (s25), making compensation determinations (ss25A, 28), and taking disciplinary action (s28A). The Secretary also determines forms, fees and may require surrender of permit documents on amendment (ss8, 10, 16).
Authorised officers and police. Authorised officers, appointed by the Secretary (s6(2)), are the operational enforcement agents, with power to act alone or with police or other assistants in inspections, seizures, and execution of warrants (ss20, 24, 28R). Police officers assisting authorised officers have the same powers as those officers while assisting (s20(4), s28R(2)).
Who pays. Financial burdens fall largely on permit holders, affected persons and responsible persons. The Secretary may require payment of inspection fees determined to reflect reasonable costs (s25(1)-(2)), and may require permit holders or responsible persons to meet reasonable costs of destruction if destruction followed an offence (s27(6)). Fees and cost recoveries may be recovered as debts to the Crown (s25(4), s27(9)). Compensation for destruction or inspection damage is payable from Parliamentary appropriations and is limited in specific ways (ss25A(8), 28(6)).
Who decides. The Secretary makes the core administrative decisions (permits, exemptions, quarantine places, fees, compensation offers, disciplinary action). The Minister decides whether to declare GMO‑free areas (s5). Authorised officers exercise inspection and enforcement powers on the ground. Tribunal review under s30 provides a statutory avenue for affected persons to challenge certain Secretary decisions.
What behaviour changes. The Act constrains importation and in‑area activities involving GMOs, incentivises applicants to obtain permits and to comply with site management plans, and creates duties to assist inspections and move suspect goods to quarantine. The possibility of seizure, destruction and cost recovery changes how businesses transport and store suspect goods, how producers manage fields and seed, and how importers declare and present goods at borders.
Key duties and rights
The Act prescribes specific duties, and also grants rights to authorisation, review, and compensation in certain circumstances. This section summarises obligations to act, cooperate, disclose and comply, and identifies the statutory rights that balance those obligations.
Key duties
Duty not to deal with GMOs in GMO‑free areas unless authorised: A person must not knowingly deal with a GMO in a GMO‑free area except where authorised by a permit and a Commonwealth GMO licence, or a permit alone where the dealing would not be an offence under s32(1) of the Commonwealth Act, or the dealing is an exempt dealing under the Commonwealth Act (s7(1)). "Knowingly" is defined to include knowledge or reasonable grounds for suspicion (s7(2)).
Duty to apply for and hold permits in the approved form and to pay prescribed fees: Permit applicants must use Secretary‑approved forms, pay prescribed fees and provide additional information on request (s8(2)-(3)). Applicants must notify changes affecting their applications as soon as practicable (s8(4)).
Duty to comply with permit conditions and site management plans: Permit holders and affected persons must comply with all permit conditions, which may include requirements for removal of GMOs from GMO‑free areas and compliance with site management plans (s12(2), s12(5); s13(1)(d)).
Duty to comply with inspection requirements and authorised officer directions: Persons in inspected premises must provide names, addresses, answers, documents, assistance and allow examinations, including destructive tests, as directed by authorised officers (s20(2), s20(1)(f), s22(2)). Failure without reasonable excuse to comply with inspection requirements is an offence (s20(5)).
Duties when goods are found at border or quarantine places: Persons must comply with requirements to submit baggage and goods for examination, to remove goods to approved quarantine places, and to provide assistance and information as required (ss28J(2), 28N(2)-(3), 28O(1)-(2)).
Duties to pay fees and meet costs: The Secretary may require permit holders, affected persons or exempt persons to pay inspection fees not exceeding reasonable costs (s25). Reasonable destruction costs may be recoverable from responsible persons when the Secretary destroys things under a destruction order where the Secretary is satisfied an offence has been or is being committed (s27(6)-(9)). Fees and unpaid costs may be recovered as debts due to the Crown (s25(4), s27(9)).
Key rights and protections
Right to apply for and hold a permit: Persons may apply for permits. The Secretary may grant or refuse applications (s8-10). Permits specify authorised activities, premises and conditions (s13). Renewal procedures are provided, with timing rules and continuation of permits until renewal decision is made in certain circumstances (s17).
Right to exemptions: The Secretary may exempt classes of persons by Gazette notice and individuals by written notice, subject to conditions and revocation (s19). Exemptions cannot confer authority to commit conduct that would be a Commonwealth offence under s32(1) (s19(6)).
Right to regulated process for amendments and disciplinary action: The Secretary may amend permits, conditions and site management plans; when doing so after issue the Secretary must notify permit holders and affected persons, and must follow procedures for surrender and reissue of permits (s16). For disciplinary action other than letters of censure the Secretary must allow the relevant person an opportunity to make submissions prior to taking action (s28A(3)). The Secretary must notify in writing whether disciplinary action is being taken and the nature of action (s28A(6)).
Right to review of administrative decisions: Persons aggrieved by specific decisions of the Secretary may apply to the Tasmanian Civil and Administrative Tribunal for review, including refusal to grant or renew permits, imposition of conditions, amendment, suspension or cancellation of permits, and prescribed decisions (s30(2)).
Right to certification and evidentiary device: Certificates signed by the Secretary on matters such as appointments, permit status, conditions, destruction orders and costs are admissible as evidence in legal proceedings (s33(2)).
Conditional entitlement to compensation: When destruction or damage occurs during inspection or under a destruction order and the affected person did not commit an offence or contravene conditions, that person may be entitled to compensation in the form and within the timeframes the Secretary requires; compensation for crops is capped at farm gate value (ss25A, 28).
Administrative rights and operational protections
Authorised officers must produce identification on request, and may not proceed under the Act in relation to an inspection until they have produced that identification (ss23, 28T). This imposes a procedural protection on persons subject to inspection powers.
Warrants are required to enter residences. Where a person refuses to allow entry to inspect premises or a residence, the authorised officer may apply for a warrant and the justice or magistrate must be satisfied on oath of specified grounds before issuing (s24, s28U). The Search Warrants Act applies with necessary modifications (s24(5), s28U(5)).
Operational interplay between duties and rights
The right to a permit is conditioned by duties to comply with permit conditions, to notify changes and to allow inspection. The right to a personal exemption is conditioned by the Secretary’s view on intention or recklessness in causing the GMO presence (s19(3)-(5)). The Secretary’s ability to recover costs and to exclude compensation where the person committed an offence (ss25A(1), 28(1)) creates financial incentives for compliance and procedural obligations for record-keeping and biosecurity controls.
Penalties and enforcement
The Act provides a layered enforcement architecture, combining administrative remedies, criminal penalties expressed in penalty units, seizure and destruction powers, cost recovery, and review rights. Enforcement is delivered by authorised officers appointed by the Secretary, with police assistance available.
Penalties: catalogue and statutory anchors
Major prohibition in GMO‑free areas: Dealing with a GMO in a GMO‑free area without the relevant authorisations attracts a maximum penalty of a fine not exceeding 2 000 penalty units (s7(1)).
Contravention of permit conditions: Failure by a permit holder or affected person to comply with permit conditions carries a penalty up to 2 000 penalty units (s12(5)).
Refusal to provide information at inspection: Failure to comply with an authorised officer's requirement to provide name, address, information or assistance is a fine not exceeding 10 penalty units (s20(5)).
Failure to comply with authorised officer directions: Non‑compliance with a written direction given during inspection or under Part 5B is punishable by up to 1 000 penalty units (s22(3)). For Part 5B directions the maximum is 50 penalty units where specified (s28N(3)).
False or misleading statements: Giving false or misleading information under the Act is an offence carrying a penalty not exceeding 30 penalty units (s29A).
Border and quarantine non‑compliance: Refusal to comply with requirements to submit baggage or goods for examination or to remove goods to quarantine is punishable by up to 50 penalty units, with courts able to order compliance instead of or in addition to imposing a fine (s28J(4)-(5)).
Interference with seized items: Interfering with or removing seized documents, GMOs or other things without the Secretary’s written permission is a penalty up to 100 penalty units (s28L(3)).
Various lesser penalties apply for offences such as entering or leaving an approved quarantine place without authorisation (100 penalty units, s28F), failure to provide assistance or facilities (50 units, s28Q), and refusal to permit entry when authorised by warrant (10 units, s24(6)).
Enforcement powers and operational mechanisms
Inspections and warrants. Authorised officers may enter, inspect, seize, take copies, take photographs, operate equipment, and carry out destructive testing in non‑residential premises where they have reasonable grounds (s20(1)). Entry of residences requires a warrant obtained under the procedures set out in s24, with the Search Warrants Act applying with necessary modifications (s24(5)). Part 5B contains equivalent inspection powers tied specifically to suspected importation of GMOs (s28I, s28U).
Directions, seizure and destruction. During or following inspection, authorised officers may give written directions to persons on premises to take specific measures to stop contraventions (s22). Failure to comply can attract fines and court orders to comply (s22(3)-(4)). The Secretary may issue destruction orders for GMOs or things containing GMOs where satisfied an offence has been or is being committed or for any other reason the thing should be destroyed (s26). Authorised officers may implement destruction orders, including seizing and destroying material, and may require persons to meet reasonable destruction costs where destruction follows an offence (s27).
Quarantine places and border powers. The Secretary may declare approved quarantine places (s28D), and authorised officers can remove suspect things to quarantine, examine them there, require treatment or destruction, and issue release certificates when appropriate (ss28G-28H). At border points, authorised officers have powers to examine baggage and goods entering the State, remove suspect items to quarantine and require persons to submit to inspection (s28J).
Fees, cost recovery and compensation. Inspection fees may be charged to permit holders, affected persons or exempt persons as a reasonable cost of inspection, and unpaid fees may be recovered as debts due to the Crown (s25). The Secretary may recover reasonable costs of destruction from responsible persons if the Secretary destroyed items because an offence had been or was being committed (s27(6)-(9)). Compensation for inspection damage or destruction is available where the affected person did not commit an offence and must be claimed on prescribed forms within one year; compensation for destroyed crops is capped at farm gate value (ss25A, 28(3)-(5A)). Compensation is payable out of Parliamentary appropriations (ss25A(8), 28(6)).
Disciplinary regime. The Secretary may impose disciplinary action under s28A, including letters of censure, fines up to 20 penalty units, amendment, suspension or cancellation of permits or exemptions. Except for letters of censure, the Secretary must allow an opportunity for submissions before taking disciplinary action (s28A(3)). Affected persons must be notified of decisions (s28A(6)-(7)), and fines may be recovered as debts to the Crown (s28A(10)).
Evidence and procedural devices. Certificates signed by the Secretary are admissible evidence in legal proceedings for matters such as appointments, permit status, conditions, destruction orders and costs (s33(2)). Authorised officers must produce identification on request before continuing inspections (s23, s28T).
Review and appeal. Specific administrative decisions of the Secretary are reviewable by the Tasmanian Civil and Administrative Tribunal, including refusals to grant or renew permits or personal exemptions, imposition or amendment of conditions, and cancellations or suspensions (s30(2)). Criminal offences are enforced through prosecution in the courts.
Practical enforcement dynamics
The Secretary and authorised officers are the principal enforcers. Police may assist in the exercise of enforcement powers and have the same powers while assisting (s20(3)-(4), s28R(1)-(2)).
Enforcement combines immediate field measures (directions, seizure, quarantine, destruction) with after‑the‑fact cost recovery and disciplinary measures, and with compensation where destruction did not result from an offence. This combination creates both immediate operational levers and administrative remedies for affected parties.
Corporate officers may be prosecuted if involved in management, unless they can prove lack of knowledge or that they used all due diligence to prevent the offence (s31).
How it interacts with other laws
The Act deliberately cross‑references and relies on several Commonwealth and State statutes and administrative frameworks. Those links determine legal thresholds, operational authority, and avenues for judicial and administrative review.
Key external statutory links and their implications in the Act
Gene Technology Act (Commonwealth). The Act imports the Commonwealth definition of "genetically modified organism" and the concept of a "GMO licence" (s3). Section 7 requires, in many circumstances, both a Tasmanian permit and a Commonwealth GMO licence, or that the dealing be an exempt dealing under the Commonwealth Act. Section 19(6) expressly prevents the Secretary issuing an exemption under the Tasmanian Act if the dealing allowed by that exemption would constitute an offence under s32(1) of the Commonwealth Act. The combined effect is that Commonwealth licensing and prohibitions act as a baseline regulatory layer, with the Tasmanian Act adding jurisdictional controls within declared GMO‑free areas and at the State border.
Rules Publication Act 1953. A Ministerial GMO‑free order is a statutory rule for the purposes of the Rules Publication Act (s5(2)). This subjects the order to the usual publication and scrutiny mechanisms for statutory rules.
State Service Act 2000. The definition of "Departmental officer" in s6(1) refers to appointment under the State Service Act, connecting appointment of authorised officers to the State employment framework (s6(2)).
Search Warrants Act 1997. The Act makes the Search Warrants Act applicable, with necessary modifications, to applications for warrants under s24 (entry of residences) and under s28U (Part 5B warrants). This imports standard warrant procedure and judicial safeguards into warrant applications for entry under this Act (s24(5), s28U(5)).
Land Acquisition Act 1993. When compensation for destruction or damage cannot be agreed with the Secretary, the amount is to be determined "in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993" (ss25A(5), 28(5)). This establishes a statutory valuation and dispute resolution pathway modelled on land acquisition practice for compensation disputes.
Administrative Arrangements Act 1990. Until otherwise provided by order under s4 of that Act, administration of this Act is assigned to the Minister for Primary Industries and Water and the Department of Primary Industries, Water and Environment (s35). This ties ongoing administration and departmental responsibility to existing administrative arrangements.
Regulations and Secretary determinations. Section 34 authorises the Governor to make regulations, including fee waivers and varying application by different factors. Regulations may authorise matters to be determined by the Secretary. This creates a standard subordinate legislation and administrative determination framework that will interact with, and may modify, operational detail.
Points of interaction and potential friction
Layering of Commonwealth and State regimes. Because the Act requires a Commonwealth GMO licence in many cases, applicants must navigate two distinct authorisation processes. Section 19(6) imposes a hard limit: the Secretary cannot issue a Tasmanian exemption that would create liability under the Commonwealth Act. Consequently the practical effect of Tasmanian authorisations depends on the Commonwealth licensing regime.
Evidentiary and enforcement cross‑use of other statutes. The application of the Search Warrants Act and the Land Acquisition Act to procedural aspects of warrants and compensation respectively imports familiar evidentiary and procedural rules into the Tasmanian enforcement framework, but also creates dependencies on those statutes' processes and timelines.
Administrative discretion and delegated determinations. Section 6A permits the Secretary to delegate functions (except the power of delegation). Section 34 enables regulations to authorise matters to be determined by the Secretary. These provisions integrate the Act with the broader administrative law principle of delegation and with internal departmental processes.
Compensation and Parliamentary appropriation. Compensation for destruction and inspection damage is payable out of Parliamentary appropriations (ss25A(8), 28(6)). Thus the practical availability of compensation is subject to budgetary processes external to the Act, and the valuation mechanism references the Land Acquisition Act.
Textual variances to note
The Act contains cross‑references to versions of Commonwealth Acts by year. Section 3 adopts the meaning from the "Gene Technology Act 2000 of the Commonwealth" for "genetically modified organism", while Schedule 1 references "Gene Technology Act 2001". These textual references indicate the Act’s intent to align with the corresponding Commonwealth gene technology regime, and they suggest administrators will need to track amendments and operative versions of the Commonwealth legislation to ensure consistency in interpretation and application.
Administrative and judicial review pathways
Internal administrative action is centred on the Secretary, but s30 provides for external review of a list of Secretary decisions by the Tasmanian Civil and Administrative Tribunal. Courts retain jurisdiction over criminal offences and may be the forum for debt recovery actions where fees or costs are unpaid. Warrant processes involve judicial officers and the Search Warrants Act. Where compensation disputes proceed under the Land Acquisition Act procedures, established valuation and adjudicative processes will be used.
Overall, the Act functions as a State‑level overlay to Commonwealth gene technology regulation, linking statutory authority and enforcement to Commonwealth licence status, warrant and compensation procedures under other State Acts, and the Secretary's central administrative role.
Amendment history
The statute text includes embedded amendment annotations that signal multiple post‑enactment changes. These annotations are the authoritative record within the provided text. Below is a structured summary of the amendments and the provisions they touched, quoting the in‑text amendment markers where they appear.
Primary amending instrument and date
No. 44 of 2007, applied 13 November 2007. This instrument is the subject of numerous amendments, insertions and substitutions across the Act. Many sections explicitly note that they were inserted, substituted or amended by No. 44 of 2007, s. [various], Applied:13 Nov 2007. Sections demonstrably amended include s3 definitions, s6, s6A (inserted), s7 (substituted), s8-s17 in Part 3, s19 (inserted, Part 3A), s20-s27 including inspection, seizure and destruction provisions, s28 (compensation), s28A (inserted Part 5A), Part 5B and its Division 1-4 provisions (ss28B-28U inserted), and other consequential edits. The annotation appears throughout the text, indicating a substantial re‑write and extension of powers and processes in 2007.
No. 15 of 2012, Sched. 1, applied 27 June 2012. This amendment changed definitions in s3, notably making "genetically modified organism" have the same meaning as in the Gene Technology Act 2000, and adding definitions for "GMO licence" and "GMO-free area" (s3 annotations).
No. 10 of 2009, s. 4, applied 9 June 2009. This amends s36 (expiry) as noted in the s36 annotation.
No. 11 of 2014, s. 4, applied 25 September 2014. Also amends s36 (s36 annotation shows No.11 of 2014).
No. 40 of 2019, s. 4, applied 13 November 2019. Also amends s36 (s36 annotation shows No.40 of 2019).
No. 7 of 2025, s. 114, applied 1 July 2025. This amendment substituted s30(2) to indicate that specified decisions of the Secretary are reviewable by the Tasmanian Civil and Administrative Tribunal (s30 annotated).
Notable inserted provisions and their effect
Part 3A Exemptions (s19) appears as an insertion by No. 44 of 2007 and establishes the class and personal exemption provisions and associated conditions, revocation powers, and limits related to Commonwealth law.
Part 5B Importation and Quarantine of GMO (ss28B-28U) was inserted by the No. 44 of 2007 amendment. It contains a novel, detailed quarantine and border control regime: definition of "responsible person" (s28B), importation conditions (s28C), approved quarantine places (s28D-28F), examination and treatment powers (s28G), release certificates (s28H), inspections and seizure powers at borders (ss28I-28L), treatment and destruction (s28M), directions and assistance provisions (ss28N-28Q), and operational safeguards such as requirement to show identification and use of warrants (ss28T, 28U).
Section 6A (delegation by Secretary) was inserted, permitting delegation of Secretary functions except the power of delegation (s6A).
Substitutions and replacements
Section 7 was entirely substituted by No. 44 of 2007, reflecting a tightened approach to dealing with GMOs in GMO‑free areas and the tying of State permits to Commonwealth licences and exempt dealings (s7 annotation).
Section 14 was substituted to clarify scope of permit authority, including that permits do not authorise contraventions of s7 (s14 annotation).
Sections dealing with inspections, directions, seizures, destruction and compensation had multiple substitutions and insertions across 2007 amendments, reflecting reorganisation into coherent inspection and border control Parts and a structured compensation regime (s20, s21, s22, s25A).
Expiry provision amendments
Section 36 contains amendment annotations referencing instruments in 2009, 2014 and 2019. The substantive text in s36 states the Act expires 25 years after commencement, inclusive; the annotations indicate Parliament has revisited expiry timings or related matters.
Schedule changes
Schedule 1, labelled "Consequential Amendments", is referenced by s37. The schedule contains a reference to a Gene Technology Act 2001. The schedule and s37 suggest the Act carried consequential amendment obligations at enactment or on amendment.
Administrative and review changes
Section 30(2) relating to review of Secretary decisions was substituted in 2025 to reference appeal rights to the Tasmanian Civil and Administrative Tribunal. This is a significant procedural change for administrative review.
Practical implications of amendment history
The 2007 package (No. 44/2007) materially expanded and reconfigured the Act, inserting Part 3A and Part 5B and modernising inspection, seizure, destruction, compensation and disciplinary provisions. The extent of referencing to that instrument throughout the text indicates that the Act as currently read is the product of that reform.
Subsequent amendments adjusted definitions (2012), administrative procedures (2025), and expiry mechanics (2009, 2014, 2019). Practitioners dealing with applications, enforcement or compensation claims must read the consolidated text including these amendments and follow updated tribunal review paths and prescribed forms and processes as required by the Secretary under the amended sections.
This amendment history is derived from the textual annotations present in the supplied statute text. Each annotated provision indicates the amending instrument and applied date. Users should consult the official consolidated Act and the referenced amending Acts for the full legislative record and to confirm any subsequent changes beyond the annotations provided here.
Litigation history
The Act text supplied contains no judicial decisions, case citations or reported litigation history. It does include mechanisms that shape where and how disputes are likely to be litigated or administratively reviewed, and those procedural channels determine the likely litigation pathways.
Available dispute resolution and review avenues under the Act
Statutory administrative review. Section 30(2), as substituted by a 2025 amendment, makes specified Secretary decisions reviewable by the Tasmanian Civil and Administrative Tribunal. The listed decisions include refusal to grant or renew permits or personal exemptions, imposition or amendment of conditions, cancellation or suspension of permits or personal exemptions, and "a prescribed decision" (s30(2)(a)-(f)). This establishes the Tribunal as the initial forum for contesting many administrative acts of the Secretary.
Criminal prosecutions and civil recovery in courts. The Act creates criminal offences with fines expressed in penalty units and allows the Crown to recover unpaid fees and costs in a court of competent jurisdiction as debts due to the Crown (s25(4), s27(9)). Prosecutions for offences such as obstruction, false statements, or unauthorised dealing will be brought in the criminal courts.
Compensation disputes. If parties cannot agree on compensation for destruction, the Act prescribes determination "in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993" (ss25A(5), 28(5)). This points to the processes and potentially jurisdictional mechanisms under that Act for valuation and dispute resolution.
Warrant processes involve judicial officers. Applications for warrants under s24 and s28U require a justice or magistrate to be satisfied by information on oath, and the Search Warrants Act is applied with necessary modifications (s24(2), s24(5), s28U(2), s28U(5)). The judicial officer’s role on warrants creates an early court‑involved step.
Implications of the absence of reported cases in the text
Lack of statutory precedent. With no cases named or summaries provided in the statute, statutory interpretation and enforcement practices will rely on the plain text of the Act, any administrative guidelines or policies published by the Secretary, and on case law developed after enforcement actions commence. Practitioners should expect initial litigation to address interpretative issues such as the scope of "deal with", the limits of authorised officers' destructive testing powers, the standard for "reasonable grounds" for entry, the interface with Commonwealth licensing, and valuation methodology for compensation.
Predictable first issues. Where litigation does arise, the Tribunal review process will likely be the first port of call for administrative disputes. For criminal charges or recovery actions, local criminal and civil courts will develop the early body of decisions. Warrant applications and searches might generate judicial consideration under the Search Warrants Act in respect of proportionality and particularity.
Practical note for practitioners and litigators
Evidence. The Act gives the Secretary power to sign certificates that are admissible as evidence of factual matters such as appointment of authorised officers, permit status, existence of destruction orders and the "specified details" of destruction orders (s33(2)). Litigators should account for the evidential presumptions these certificates provide and plan for evidentiary strategies accordingly.
Administrative record. The Act requires written notices for many administrative steps: grant or refusal of permits (s10), notices of amendment (s16), notices of surrender approval (s18), and notifications of disciplinary action (s28A(6)). A robust administrative record will be critical in any review or litigation, and practitioners should advise clients to ensure notices and processes are properly documented and retained.
Absence of binding caselaw. Where no published decisions exist, regulatory strategy should prioritise early engagement with the Secretary, meticulous compliance with procedural requirements, and careful record keeping to reduce the risk of enforcement action that would create first impression litigation.
Because the statutory text provided contains no recorded litigation history, parties and advisers must rely on statutory language and procedural mechanisms for dispute resolution and expect early litigation to develop interpretive principles for the Act’s enforcement tools.
Gotchas
Practical traps and less obvious consequences in the Act that create operational and legal risks are set out below. These are concrete, source‑rooted points that practitioners, compliance officers and risk managers should treat as priority items.
Dual authorisation requirement. A person who wishes to deal with a GMO in a GMO‑free area often needs both a Tasmanian permit and a Commonwealth GMO licence (s7(1)(a)(i)). Failing to secure both authorisations can expose a person to a maximum penalty up to 2 000 penalty units. Applications must be coordinated across jurisdictions and timing misalignment can leave activities unlawful even if one authorisation is held.
Broad definition of "deal with". The statutory definition of "deal with" is extensive, covering experiments, manufacture, breeding, growing, importing, possession, supply, transport, disposal and being responsible for the occurrence of a GMO in a place (s3). This breadth means many ordinary agronomic or supply chain activities may fall within the statute’s reach, including activities performed by "affected persons" identified in site management plans.
"Responsible for the occurrence" includes introduction. The Act clarifies that a person who introduced a GMO into a place is "responsible" for its occurrence (s3(2)). This can extend liability to actors earlier in a chain of custody or logistical movement who may have introduced trace GM contamination.
Permits are non‑transferable. Permits cannot be transferred to another person (s15). Where businesses sell or lease operations, operators must apply for new permits or obtain Secretary consent, and failure to manage transitions can generate unlicensed dealing.
Permit conditions assigned to affected persons. Site management plans can specify affected persons who are not permit holders but who nevertheless must comply with permit conditions (s12(2), s13(1)(d)). This means contractors, tenants or processors named in a plan carry enforceable duties and may face penalties or disciplinary action.
Secretary’s retrospective imposition of conditions. The Secretary may impose conditions on a permit after it has been issued, and those conditions take effect when the permit holder receives written notice or at a later date specified (s12(3)-(4)). Affected persons must be notified under s12(4A). Retrospective conditions can alter operational requirements unexpectedly.
Inspection powers include destructive testing and equipment operation. Authorised officers may undertake examinations including destructive tests, and may operate mechanical, electrical and electronic equipment on inspected premises (s20(1)(e)-(f)). This raises immediate risk of damage to goods and machinery during inspections. Section 25A addresses compensation for inspection damage, but there are exceptions where the damage follows commission of an offence (s25A(1)).
Duty to assist and to provide facilities. Authorised officers may require reasonable assistance and facility use for safe and efficient exercise of powers (s28Q). Businesses must be prepared to provide assistance and particular facilities, within the reasonableness test specified.
Financial exposure for destruction. If the Secretary destroys GMOs or things under authority of a destruction order made because the Secretary is satisfied an offence has been or is being committed, the Secretary may require a responsible person to meet reasonable costs of destruction (s27(6)-(9)). Costs are recoverable in court as debts due to the Crown. There is no explicit monetary cap other than reasonableness and the court recovery process.
Compensation caps for crops. Compensation payable for destruction of crops cannot exceed farm gate value (ss25A(6), 28(5A)). Valuation disputes are to be resolved by a method aligned with the Land Acquisition Act (ss25A(5), 28(5)), which may not fully account for consequential commercial losses beyond farm gate value.
Class exemptions may exclude persons who intentionally or recklessly caused presence. Class exemptions will not cover persons who intentionally or recklessly caused the presence of the GMO (s19(3)). This creates a potential trap where a class exemption might apply broadly, but enforcement will exclude those found to have intentionally or recklessly caused the presence.
Letters of censure do not require prior submissions. The Secretary may issue a letter of censure without first allowing the person to make submissions. For any other disciplinary action the Secretary must allow submissions before acting (s28A(3)-(4)). Practitioners should treat letters of censure as immediate instruments with compliance obligations and potentially prescriptive directives.
Identification and procedural protection. Authorised officers must produce identification when requested before taking action or continuing an inspection (s23, s28T). Failure to obtain ID prior to further action may create procedural infirmities. However, the officer may delay acting only until the ID is produced.
Border inspection powers are very broad. Authorised officers can search baggage and goods, open packages, dismantle items, take samples, and remove goods to approved quarantine places (s28J). Non-compliance may attract fines and court orders (s28J(4)-(5)). Importers and travellers must anticipate potential examination and detention of goods.
Tribunal review limited to specified acts. Review to the Tasmanian Civil and Administrative Tribunal covers enumerated Secretary decisions only (s30(2)). Other administrative acts may not be reviewable under s30 and may require different remedies such as judicial review in the Supreme Court. Practitioners should identify whether a decision falls within s30(2) before lodging a Tribunal application.
These "gotchas" derive directly from the statutory text. They create practical compliance priorities: ensure both State and Commonwealth authorisations where required, identify and manage affected persons named in site management plans, establish record-keeping and chain‑of‑custody controls to minimise risk of being the person "responsible" for unintended presence, maintain insurance and contingency budgets for destruction costs, and be prepared for inspections including destructive testing and border examinations.
How to comply
This section provides a practical compliance checklist and procedural steps drawn from the Act. It addresses permit strategy, record keeping, inspections and border readiness, site management plans, interaction with Commonwealth licences, handling of exemptions, and financial preparedness for fees, costs and compensation. Each compliance item is tied to the statutory provision.
Determine whether a GMO-free area declaration applies. Check whether the Minister has issued an order under s5 declaring the area in question a GMO‑free area. That order is a statutory rule and is the trigger for the permit regime in s7. If a GMO‑free area applies, assume the prohibition in s7 may apply and plan authorisations accordingly.
Ascertain whether your activity qualifies as "dealing with" a GMO. Review the comprehensive definition in s3. Activities as simple as possessing, transporting or being responsible for occurrence can qualify. If there is any doubt, treat the activity as potentially regulated and seek permit or clarification.
Secure requisite authorisations, coordinating State and Commonwealth processes.
Apply for a Tasmanian permit under s8 using the Secretary‑approved form and paying any prescribed fee (s8(2)). Provide full information and be ready to supply further information on request (s8(3)).
Where the dealing would be within scope of the Commonwealth Gene Technology Act, obtain the necessary Commonwealth GMO licence, because Tasmanian permits often require a Commonwealth licence in addition to the State permit (s7(1)(a)(i)). Plan timing so both authorisations are in place before commencing activity.
Build comprehensive site management plans and ensure affected persons are identified and informed.
If conditions require a site management plan, ensure the plan is attached to the permit or provided as specified (s13(1)(d), s13(3)). Accurately list affected persons in the plan, because those persons will be expected to comply with permit conditions (s12(2), s12(4A)).
Distribute copies of permit conditions and site management plans to affected persons and maintain proof of receipt, because the Secretary’s notice mechanisms and obligations can be enforced and are necessary for compliance with s16.
Maintain robust change management and notification processes.
Notify the Secretary of any change affecting application information either before the change occurs, if possible, or as soon as practicable after it occurs (s8(4), s16(4)). Keep an audit trail of notifications and Secretary responses.
Record keeping and traceability.
Keep detailed records of sourcing, movements, contractors, supply chain steps and any detections of GMOs. The Act’s definition of "responsible person" and recovery of costs for destruction, together with evidentiary certificates from the Secretary (s33), makes contemporaneous records critical.
Prepare for and accommodate inspections.
Authorised officers can inspect non‑residential premises at any time where there are reasonable grounds (s20(1)). Designate an on‑site contact to provide names, addresses, documents, information and reasonable assistance as required (s20(2)). Train staff about the inspection protocol, the requirement to produce ID before officer action continues (s23), and the obligation not to impede authorised officers (s29).
For border activities, ensure personnel at ports and transport hubs are ready to submit baggage and goods for examination and to comply with quarantine requirements (s28J).
Facility and equipment readiness.
Be prepared to provide facilities the authorised officer considers necessary for safe, effective and efficient performance of functions (s28Q). Early dialogue with the Department can clarify what facilities might be requested and what will be considered "reasonable" in the circumstances.
Insurance and financial contingency.
Because the Secretary may require responsible persons to meet reasonable costs of destruction where an offence has been committed (s27(6)), and because inspection fees may be charged up to reasonable cost (s25(1)-(2)), maintain financial reserves or insurance to cover potential inspection fees, destruction costs and penalties. Understand that compensation caps for destroyed crops are limited to farm gate value (ss25A(6), 28(5A)), leaving other business losses potentially uncompensated.
Exemption strategy.
If operations could be covered by an exemption under s19, either seek a class exemption (published in the Gazette) or apply for a personal exemption in writing. Document that any presence of GMOs was not intentional or reckless if seeking an individual exemption under s19(4), and retain supporting evidence. Be aware the Secretary cannot grant an exemption that would permit conduct amounting to a Commonwealth offence (s19(6)).
Permit amendment and renewal.
Monitor permit expiry and apply for renewal not less than three calendar months before expiry (s17(2)). If applying timely, understand the permit continues until renewal determination in many circumstances (s17(5)). Where conditions change, apply to amend permit or site management plan formally per s16 and be prepared to surrender permit documents if required (s16(5)-(6)).
Responding to directions and disciplinary action.
Comply immediately with written directions from authorised officers and with letters of censure. For disciplinary actions other than letters of censure, prepare submissions promptly when given the opportunity under s28A(3). Keep a record of all correspondence and notices from the Secretary to support any Tribunal review under s30.
Compensation claims.
If inspection damage or destruction occurs and the responsible person did not commit an offence or contravene permit conditions, file a compensation claim within one year on the Secretary‑approved form, with required evidence of loss (ss25A(3), 28(3)). Where parties cannot agree on compensation, follow the Land Acquisition Act dispute resolution path referenced in ss25A(5), 28(5).
Interface with Commonwealth controls.
Because the Commonwealth Act determines the legal meaning of GMO and contains parallel licensing and offences, coordinate compliance with Commonwealth requirements and confirm whether the intended activity is an exempt dealing at the Commonwealth level. Consult the Commonwealth Act and its regulatory instruments where relevant.
Legal and administrative review readiness.
For adverse decisions of the Secretary falling within s30(2), prepare for Tribunal review, including assembling factual and legal grounds to contest refusals to grant or renew permits, imposition of conditions, or cancellation/suspension of permits. For other administrative decisions not listed in s30, consider judicial review remedies.
Training and policies.
Implement staff training covering the scope of "deal with", inspection protocols, record keeping, sample handling, chain of custody, identification procedures, and emergency notification to the Secretary if unintended GMO presence is detected. Ensure contractors flagged as affected persons are trained and contractually bound to comply with site management plans.
Practical contact with the Department.
Use the Secretary’s powers to require forms, fees and condition determinations to engage early. Where in doubt, request written direction or clarification from the Secretary to reduce the risk of enforcement action, and retain all replies as part of the compliance record.
This checklist is directly sourced from the statutory obligations and processes in the Act. Implementing these steps will not eliminate all legal or operational risk, but will substantially reduce exposure to enforcement actions under the statutory regime and better position businesses and individuals to secure compensation, defend administrative decisions, and meet the Act’s documentation, notification and assistance requirements.
(e) use the GMO or thing in the course of manufacture of another thing that is not the GMO or thing; or
(f) grow, raise or culture the GMO or thing; or
(g) sow, maintain, prepare for harvest or harvest the GMO or thing; or
(h) import the GMO or thing into the State; or
(i) possess, have control or charge of, supply, use, transport or dispose of the GMO or thing; or
(j) be responsible for the occurrence or existence of the GMO or thing in a place;
destruction order means an order for the destruction of a GMO made under section 26 ;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]examination includes any assessment, inspection, analysis or test;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]exempt person means –
(a) a person of a class specified in an exemption from the operation of section 7(1) given under section 19(2) ; or
(b) a person who is the subject of an exemption from the operation of section 7(1) given under section 19(4) ;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]exemption means an exemption from the operation of section 7(1) given under section 19(2) or (4) ;
[Section 3 Subsection (1) amended by No. 15 of 2012, Sched. 1, Applied:27 Jun 2012]genetically modified organism has the same meaning as in the Gene Technology Act 2000 of the Commonwealth;
GMO means genetically modified organism;
GMO-free area means, while an order under section 5 is in force, the whole or the part of Tasmania declared by the Minister in the order to be an area that is free of GMOs;
[Section 3 Subsection (1) amended by No. 15 of 2012, Sched. 1, Applied:27 Jun 2012]
[Section 3 Subsection (1) amended by No. 15 of 2012, Sched. 1, Applied:27 Jun 2012]GMO licence means a GMO licence within the meaning of section 10(1) of the Gene Technology Act 2000 of the Commonwealth;
permit means a permit granted under section 9 ;
permit holder means the person to whom a permit is granted under section 9 ;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]plant includes –
(a) a crop; and
(b) the seed, flower, fruit, nut, leaf, bulb, corn, tuber, stem or other part of a plant, whether living or dead, and whether or not attached to the plant;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]premises includes –
(a) a building; and
(b) a place (including an area of land); and
(c) a vehicle; and
(d) a facility; and
(e) a part of premises;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]public notice means a notice published in any one or more of the following manners:
(a) in the Gazette;
(b) in a newspaper or magazine circulating generally in Tasmania;
(c) on the internet;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]Secretary means the Secretary of the Department;
[Section 3 Subsection (1) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007]vehicle includes vessel and aircraft.
(2) [Section 3 Subsection (2) amended by No. 44 of 2007, s. 4, Applied:13 Nov 2007] For the purposes of paragraph (j) of the definition of deal with in subsection (1) , a person is responsible for the occurrence or existence of a GMO in a place if the person introduced the GMO into that place.
4 Act binds Crown
4 Act binds Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
5 Declaration of GMO-free area
5 Declaration of GMO-free area
(1) The Minister, by order, may declare the whole or any part of Tasmania to be an area that is free of GMOs if he or she considers that to do so would aid in preserving the identity of non-genetically modified crops and animals for marketing purposes.
(2) An order under subsection (1) is a statutory rule for the purposes of the Rules Publication Act 1953 .
6 Appointment of authorised officers
6 Appointment of authorised officers
(1) In this section –
Departmental officer means a person appointed subject to and in accordance with the State Service Act 2000 for the purposes of the Department.
(2) The Secretary may appoint a Departmental officer to be an authorised officer.
6A Delegation by Secretary
6A Delegation by Secretary
[Section 6A Inserted by No. 44 of 2007, s. 5, Applied:13 Nov 2007] The Secretary may delegate any of his or her functions or powers under this Act other than this power of delegation.
Part 2 Dealing with GMO in GMO-free Area Prohibited
Part 2 Dealing with GMO in GMO-free Area Prohibited
7 Dealing with GMO in GMO-free area prohibited
7 Dealing with GMO in GMO-free area prohibited
[Section 7 Substituted by No. 44 of 2007, s. 6, Applied:13 Nov 2007]
(1) A person must not knowingly deal with a GMO in a GMO-free area unless –
(a) that person is authorised to so deal with the GMO by –
(i) both a permit and a GMO licence; or
(ii) a permit if that dealing with the GMO would not be an offence under section 32(1) of the Gene Technology Act 2000 of the Commonwealth; or
(b) that dealing is an exempt dealing within the meaning of section 32 of the Gene Technology Act 2000 of the Commonwealth.
Penalty: Fine not exceeding 2 000 penalty units.
(2) For the purposes of subsection (1) , a person knowingly deals with a GMO if that person –
(a) knows that he or she is dealing with a GMO; or
(b) has reasonable grounds for suspecting that he or she is dealing with a GMO.
(3) It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that he or she –
(a) took all reasonable steps to ensure that he or she did not deal with the GMO; or
(b) was an exempt person in relation to the GMO at the time he or she dealt with it.
Part 3 Permits
Part 3 Permits
Division 1 Obtaining permit and its form and effect
Division 1 Obtaining permit and its form and effect
8 Application for permit
8 Application for permit
(1) A person may apply to the Secretary for a permit to deal with a GMO in a GMO-free area.
(2) An application is to –
(a) be in a form approved by the Secretary; and
(b) be accompanied by any prescribed fee.
(3) The Secretary may require the applicant to provide any further information he or she considers relevant.
(4) An applicant is to notify the Secretary of any change which affects the information included in an application or provided under subsection (3) –
(a) before the change occurs if at all possible; or
(b) as soon as practicable after the change has occurred.
9 Grant of permit
9 Grant of permit
(1) On receipt of an application under section 8 , the Secretary may –
(a) grant a permit to the applicant; or
(b) refuse to grant a permit to the applicant.
(2) In determining whether or not to grant a permit, the Secretary is to consider –
(a) the location and purpose of the dealing with the GMO as proposed in the application; and
(b) the likely impact on market access for non-genetically modified crops and animals of the dealing with the GMO as proposed in the application; and
(c) the management regime for the GMO as proposed in the application; and
(d) any other matter the Secretary considers relevant.
(3) The Secretary may grant a permit to a person who has not applied for one under section 8 if –
(a) the Minister has declared an area to be a GMO-free area under section 5 or has notified the Secretary that he or she intends to make such a declaration; and
(b) there is a GMO in that area; and
(c) the Secretary is satisfied that the person to whom the permit is to be issued is responsible for introducing the GMO to that area or has otherwise had dealings with the GMO.
10 Issue of permit or notice of refusal
10 Issue of permit or notice of refusal
(1) On granting a permit and on receipt of payment of any prescribed permit fee, the Secretary is to issue a permit to the person to whom it is granted.
(2) On refusing to grant a permit, the Secretary is to notify the applicant for the permit, in writing, of that refusal.
11 Term of permit
11 Term of permit
(1) A permit is in force for the period determined by the Secretary and specified in the permit.
(2) A permit comes into force on the day it is issued or on a later day determined by the Secretary and specified in the permit.
(3) A permit ceases to be in force when any of the following occurs:
(a) the period for which the permit is in force ends;
(b) the permit is surrendered under section 18 ;
(c) [Section 11 Subsection (3) amended by No. 44 of 2007, s. 7, Applied:13 Nov 2007] the permit is cancelled under section 28A .
12 Permit subject to conditions
12 Permit subject to conditions
(1) A permit is subject to any conditions determined by the Secretary and specified in the permit.
(2) [Section 12 Subsection (2) substituted by No. 44 of 2007, s. 8, Applied:13 Nov 2007] Without limiting the conditions to which a permit may be subject, those conditions may include –
(a) a condition requiring, or relating to, the removal of a GMO from a GMO-free area; and
(b) a condition requiring the permit holder or an affected person, or both, to comply with a site management plan.
(3) The Secretary may determine the conditions to which a permit is subject when determining to grant the permit under section 9 or at any time after the permit has been issued.
(4) If the Secretary imposes conditions after the permit has been issued, those conditions take effect on the day the permit holder receives written notice of the conditions or on a later day specified in that notice.
(4A) [Section 12 Subsection (4A) inserted by No. 44 of 2007, s. 8, Applied:13 Nov 2007] If the Secretary imposes conditions after the permit has been issued, the Secretary is to notify each affected person of those conditions.
(5) [Section 12 Subsection (5) amended by No. 44 of 2007, s. 8, Applied:13 Nov 2007] The permit holder and an affected person must comply with the conditions to which the permit is subject.
Penalty: Fine not exceeding 2 000 penalty units.
13 Form of permit
13 Form of permit
(1) A permit is to –
(a) be in a form approved by the Secretary; and
(b) specify the premises or the area in which the dealing with the GMO authorised by the permit may occur; and
(c) [Section 13 Subsection (1) amended by No. 44 of 2007, s. 9, Applied:13 Nov 2007] specify any conditions to which the permit is subject; and
(d) [Section 13 Subsection (1) amended by No. 44 of 2007, s. 9, Applied:13 Nov 2007] if the conditions to which the permit is subject require the permit holder or an affected person, or both, to comply with a site management plan, have attached to it that site management plan.
(2) Conditions to which a permit is subject may be specified in the permit by –
(a) specifying those conditions in or on the permit;
This is an opening excerpt, not the complete document.