19Exempt persons

19 Exempt persons

[Section 19 Inserted by No. 44 of 2007, s. 14, Applied:13 Nov 2007]

(1)  In this section –

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;