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GENE TECHNOLOGY ACT 2000 !!!The following amendment (No. 30, 2006) has not been incorporated. - List of Sections

Section

Compilation Information

Long Title

GENE TECHNOLOGY ACT 2000
Part 1—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Object of Act
4. Regulatory framework to achieve object
5. Nationally consistent scheme
6. Act to bind the Crown
7. External Territories
8. Offences
GENE TECHNOLOGY ACT 2000
Part 2—Interpretation and operation of Act

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


9. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Definitions


10. Definitions
11. Meaning of intentional release of a GMO into the environment
12. Meaning of corresponding State law
GENE TECHNOLOGY ACT 2000
Division 3—Operation of Act


13. Operation of Act
14. Wind-back of reach of Act
15. Relationship to other Commonwealth laws
GENE TECHNOLOGY ACT 2000
Division 4—Provisions to facilitate a nationally consistent
scheme


GENE TECHNOLOGY ACT 2000
Subdivision A—General provisions


16. State laws may operate concurrently
17. Conferral of functions on Commonwealth officers and bodies
18. No doubling-up of liabilities
19. Review of certain decisions
20. Things done for multiple purposes
GENE TECHNOLOGY ACT 2000
Subdivision B—Policy principles, policy guidelines and codes of
practice


21. Ministerial Council may issue policy principles
22. Consultation on policy principles
23. Ministerial Council may issue policy guidelines
24. Ministerial Council may issue codes of practice
GENE TECHNOLOGY ACT 2000
Part 3—The Gene Technology Regulator

25. Simplified outline
26. The Gene Technology Regulator
27. Functions of the Regulator
28. Powers of the Regulator
29. Delegation
30. Independence of the Regulator
GENE TECHNOLOGY ACT 2000
Part 4—Regulation of dealings with GMOs

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


31. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Dealings with GMOs must be licensed


32. Person not to deal with a GMO without a licence
33. Person not to deal with a GMO without a licence—strict liability offence
34. Person must not breach conditions of a GMO licence
35. Person must not breach conditions of a GMO licence—strict liability offence
36. Person must not breach conditions on GMO Register
37. Offence relating to notifiable low risk dealings
38. Aggravated offences—significant damage to health or safety of people or to the environment
GENE TECHNOLOGY ACT 2000
Part 5—Licensing system

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


39. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Licence applications


40. Person may apply for a licence
41. Application may be withdrawn
42. Regulator may require applicant to give further information
43. Regulator must consider applications except in certain circumstances
44. Regulator may consult with applicant
45. Regulator must not use certain information in considering licence application
GENE TECHNOLOGY ACT 2000
Division 3—Initial consideration of licences for dealings
not involving intentional release of a GMO into the environment


46. Applications to which this Division applies
47. What the Regulator must do in relation to application
GENE TECHNOLOGY ACT 2000
Division 4—Initial consideration of licences for dealings
involving intentional release of a GMO into the environment


48. Applications to which this Division applies
49. Dealings that may pose significant risks to the health and safety of people or the environment
50. Regulator must prepare risk assessment and risk management plan
51. Matters Regulator must take into account in preparing risk assessment and risk management plan
52. Public notification of risk assessment and risk management plan
53. Regulator may take other actions
54. Person may request copies of certain documents
GENE TECHNOLOGY ACT 2000
Division 5—Decision on licence etc.


55. Regulator must make a decision on licence and licence conditions
56. Regulator must not issue the licence unless satisfied as to risk management
57. Other circumstances in which Regulator must not issue the licence
58. Matters to be taken into account in deciding whether a person is suitable to hold a licence
59. Notification of licence decision
60. Period of licence
GENE TECHNOLOGY ACT 2000
Division 6—Conditions of licences


61. Licence is subject to conditions
62. Conditions that may be prescribed or imposed
63. Condition about informing people of obligations
64. Condition about monitoring and audits
65. Condition about additional information to be given to the Regulator
66. Person may give information to Regulator
67. Protection of persons who give information
GENE TECHNOLOGY ACT 2000
Division 7—Suspension, cancellation and variation of licences


68. Suspension and cancellation of licence
69. Surrender of licence
70. Transfer of licences
71. Variation of licence
72. Regulator to notify of proposed suspension, cancellation or variation
GENE TECHNOLOGY ACT 2000
Part 6—Regulation of notifiable low risk dealings and dealings
on the GMO Register

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


73. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Notifiable low risk dealings


74. Notifiable low risk dealings
75. Regulation of notifiable low risk dealings
GENE TECHNOLOGY ACT 2000
Division 3—The GMO Register


76. GMO Register
77. Contents of Register
78. Regulator may include dealings with GMOs on GMO Register
79. Regulator not to make determination unless risks can be managed
80. Variation of GMO Register
81. Inspection of Register
GENE TECHNOLOGY ACT 2000
Part 7—Certification and accreditation

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


82. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Certification


83. Application for certification
84. When the Regulator may certify the facility
85. Regulator may require applicant to give further information
86. Conditions of certification
87. Variation of certification
88. Suspension or cancellation of certification
89. Regulator to notify of proposed suspension, cancellation or variation
90. Guidelines
GENE TECHNOLOGY ACT 2000
Division 3—Accredited organisations


91. Application for accreditation
92. Regulator may accredit organisations
93. Regulator may require applicant to give further information
94. Conditions of accreditation
95. Variation of accreditation
96. Suspension or cancellation of accreditation
97. Regulator to notify of proposed suspension, cancellation or variation
98. Guidelines
GENE TECHNOLOGY ACT 2000
Part 8—The Gene Technology Technical Advisory Committee, the
Gene Technology Community Consultative Committee and the Gene Technology Ethics
Committee

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


99. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—The Gene Technology Technical Advisory Committee


100. The Gene Technology Technical Advisory Committee
101. Function of the Gene Technology Technical Advisory Committee
102. Expert advisers
103. Remuneration
104. Members and procedures
105. Subcommittees
GENE TECHNOLOGY ACT 2000
Division 3—The Gene Technology Community Consultative
Committee


106. The Gene Technology Community Consultative Committee
107. Function of Consultative Committee
108. Membership
109. Remuneration
110. Regulations
110A. Subcommittees
GENE TECHNOLOGY ACT 2000
Division 4—The Gene Technology Ethics Committee


111. The Gene Technology Ethics Committee
112. Function of the Gene Technology Ethics Committee
113. Expert advisers
114. Remuneration
115. Members and procedures
116. Subcommittees
GENE TECHNOLOGY ACT 2000
Part 9—Administration

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


117. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Appointment and conditions of Regulator


118. Appointment of the Regulator
119. Termination of appointment
120. Disclosure of interests
121. Acting appointment
122. Terms and conditions
123. Outside employment
124. Remuneration
125. Leave of absence
126. Resignation
GENE TECHNOLOGY ACT 2000
Division 3—Money


127. Regulator may charge for services
128. Notional payments by the Commonwealth
129. Gene Technology Account
130. Credits to Account
131. Recovery of amounts
132. Purposes of Account
GENE TECHNOLOGY ACT 2000
Division 4—Staffing


133. Staff assisting the Regulator
134. Consultants
135. Seconded officers
GENE TECHNOLOGY ACT 2000
Division 5—Reporting requirements


136. Annual Report
136A. Quarterly reports
137. Reports to Parliament
GENE TECHNOLOGY ACT 2000
Division 6—Record of GMO and GM Product Dealings


138. Record of GMO and GM Product Dealings
139. Inspection of Record
GENE TECHNOLOGY ACT 2000
Division 7—Reviews of notifiable low risk dealings and
exemptions


140. Regulator may review notifiable low risk dealings
141. Regulator may review exemptions
142. Regulator may give notice of consideration
143. What Regulator may do after consideration
144. Regulator not required to review matters
GENE TECHNOLOGY ACT 2000
Part 10—Enforcement

145. Simplified outline
146. Regulator may give directions
147. Injunctions
148. Forfeiture
GENE TECHNOLOGY ACT 2000
Part 11—Powers of inspection

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


149. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Appointment of inspectors and identity cards


150. Appointment of inspectors
151. Identity card
GENE TECHNOLOGY ACT 2000
Division 3—Monitoring powers


152. Powers available to inspectors for monitoring compliance
153. Monitoring powers
GENE TECHNOLOGY ACT 2000
Division 4—Offence-related powers


154. Searches and seizures related to offences
155. Offence-related powers of inspectors in relation to premises
156. Use of equipment at premises
GENE TECHNOLOGY ACT 2000
Division 5—Expert assistance


157. Expert assistance to operate a thing
GENE TECHNOLOGY ACT 2000
Division 6—Emergency powers


158. Powers available to inspectors for dealing with dangerous situations
GENE TECHNOLOGY ACT 2000
Division 7—Obligations and incidental powers of inspectors


159. Inspector must produce identity card on request
160. Consent
161. Details of warrant to be given to occupier etc.
162. Announcement before entry
163. Compensation for damage
GENE TECHNOLOGY ACT 2000
Division 8—Power to search goods, baggage etc.


164. Power to search goods, baggage etc.
165. Seizure of goods
GENE TECHNOLOGY ACT 2000
Division 9—General provisions relating to search and seizure


166. Copies of seized things to be provided
167. Occupier entitled to be present during search
168. Receipts for things seized
169. Retention of seized things
170. Magistrate may permit a thing to be retained
171. Disposal of goods if there is no owner or owner cannot be located
GENE TECHNOLOGY ACT 2000
Division 10—Warrants


172. Monitoring warrants
173. Offence-related warrants
174. Offence-related warrants by telephone, telex, fax etc.
175. Offences relating to warrants
GENE TECHNOLOGY ACT 2000
Division 11—Other matters


176. Part not to abrogate privilege against self-incrimination
177. Part does not limit power to impose licence conditions
GENE TECHNOLOGY ACT 2000
Part 12—Miscellaneous

GENE TECHNOLOGY ACT 2000
Division 1—Simplified outline


178. Simplified outline
GENE TECHNOLOGY ACT 2000
Division 2—Review of decisions


179. Meaning of terms
180. Notification of decisions and review rights
181. Internal review
182. Deadlines for making reviewable decisions
183. Review of decisions by Administrative Appeals Tribunal
183A. Extended standing for judicial review
GENE TECHNOLOGY ACT 2000
Division 3—Confidential commercial information


184. Application for protection of confidential commercial information
185. Regulator may declare that information is confidential commercial information
186. Revocation of declaration
187. Confidential commercial information must not be disclosed
GENE TECHNOLOGY ACT 2000
Division 4—Conduct by directors, employees and agents


188. Conduct by directors, employees and agents
189. Meaning of terms
GENE TECHNOLOGY ACT 2000
Division 5—Transitional provisions


190. Transitional provision—dealings covered by Genetic Manipulation Advisory Committee advice to proceed
191. Regulations may relate to transitional matters
GENE TECHNOLOGY ACT 2000
Division 6—Other


192. False or misleading information or document
192A. Interference with dealings with GMOs
193. Regulations
194. Review of operation of Act
GENE TECHNOLOGY ACT 2000
Notes to the Gene Technology Act 2000

Table A

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