- Act 53 of 2001 - Royal Assent 16 July 2001 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. Meaning of intentional release of a GMO into the environment 5. Purpose and object of Act 6. Regulatory framework to achieve object 7. Nationally consistent scheme 8. Act to bind the Crown 9. Headings and numbers form part of Act 10. Simplified outlines of Parts PART 2 - Operation of Act Division 1 - Simplified outline 11. Simplified outline Division 2 - Operation of Act 12. Relationship to other State laws Division 3 - Provisions to facilitate a nationally consistent schemeSubdivision 1 - General provisions 13. No doubling-up of liabilities 14. Review of certain decisions 15. Things done for multiple purposes 16. Ministerial Council may issue policy principles 17. Ministerial Council may issue policy guidelines 18. Ministerial Council may issue codes of practice PART 3 - The Gene Technology Regulator 19. Simplified outline 20. Functions of the Regulator 21. Powers of the Regulator 22. Delegation 23. Independence of the Regulator PART 4 - Regulation of dealings with GMOs Division 1 - Simplified outline 24. Simplified outline Division 2 - Dealings with GMOs must be licensed 25. Person not to deal with a GMO without a licence 26. Person not to deal with a GMO without a licence strict liability offence 27. Person must not breach conditions of a GMO licence 28. Person must not breach conditions of a GMO licence strict liability offence 29. Person must not breach conditions on GMO Register 30. Offence relating to notifiable low risk dealings 31. Aggravated offences significant damage to health or safety of people or to the environment PART 5 - Licensing system Division 1 - Simplified outline 32. Simplified outline Division 2 - Licence applications 33. Person may apply for a licence 34. Application may be withdrawn 35. Regulator may require applicant to give further information 36. Regulator must consider applications except in certain circumstances 37. Regulator may consult with applicant 38. Regulator must not use certain information in considering licence application Division 3 - Initial consideration of licences for dealings not involving intentional release of a GMO into the environment 39. Applications to which this Division applies 40. What the Regulator must do in relation to application Division 4 - Initial consideration of licences for dealings involving intentional release of a GMO into the environment 41. Applications to which this Division applies 42. Dealings that may pose significant risks to the health and safety of people or the environment 43. Regulator must prepare risk assessment and risk management plan 44. Matters Regulator must take into account in preparing risk assessment and risk management plan 45. Public notification of risk assessment and risk management plan 46. Regulator may take other actions 47. Person may request copies of certain documents Division 5 - Decision on licence, &c. 48. Regulator must make a decision on licence and licence conditions 49. Regulator must not issue the licence unless satisfied as to risk management 50. Other circumstances in which Regulator must not issue the licence 51. Matters to be taken into account in deciding whether a person is suitable to hold a licence 52. Notification of licence decision 53. Period of licence Division 6 - Conditions of licences 54. Licence is subject to conditions 55. Conditions that may be prescribed or imposed 56. Condition about informing people of obligations 57. Condition about monitoring and audits 58. Condition about additional information to be given to the Regulator 59. Person may give information to Regulator 60. Protection of persons who give information Division 7 - Suspension, cancellation and variation of licences 61. Suspension and cancellation of licence 62. Surrender of licence 63. Transfer of licences 64. Variation of licence 65. Regulator to notify of proposed suspension, cancellation or variation Division 8 - Annual charge 66. GMO licence annual charge Division 9 - Limitation on licence 67. Licence subject to Plant Quarantine Act 1997 PART 6 - Regulation of notifiable low risk dealings and dealings on the GMO Register Division 1 - Simplified outline 68. Simplified outline Division 2 - Notifiable low risk dealings 69. Notifiable low risk dealings 70. Regulation of notifiable low risk dealings Division 3 - The GMO Register 71. Contents of GMO Register 72. Regulator may include dealings with GMOs on GMO Register 73. Regulator not to make determination unless risks can be managed 74. Variation of GMO Register PART 7 - Certification and accreditation Division 1 - Simplified outline 75. Simplified outline Division 2 - Certification 76. Application for certification 77. When the Regulator may certify the facility 78. Regulator may require applicant to give further information 79. Conditions of certification 80. Variation of certification 81. Suspension or cancellation of certification 82. Regulator to notify of proposed suspension, cancellation or variation 83. Guidelines Division 3 - Accredited organisations 84. Application for accreditation 85. Regulator may accredit organisations 86. Regulator may require applicant to give further information 87. Conditions of accreditation 88. Variation of accreditation 89. Suspension or cancellation of accreditation 90. Regulator to notify of proposed suspension, cancellation or variation 91. Guidelines PART 8 - The Gene Technology Technical Advisory Committee, the Gene Technology Community Consultative Committee and the Gene Technology Ethics Committee Division 1 - Simplified outline 92. Simplified outline Division 2 - The Gene Technology Technical Advisory Committee 93. Function of the Gene Technology Technical Advisory Committee Division 3 - The Gene Technology Community Consultative Committee 94. Function of Consultative Committee Division 4 - The Gene Technology Ethics Committee 95. Function of the Gene Technology Ethics Committee PART 9 - Administration Division 1 - Simplified outline 96. Simplified outline Division 2 - Money 97. Regulator may charge for services 98. Notional payments by the State 99. Credits to Gene Technology Account 100. Recovery of amounts Division 3 - Reporting requirements 101. Annual report 102. Quarterly reports 103. Reports to Parliament Division 4 - Record of GMO and GM Product Dealings 104. Record of GMO and GM Product Dealings Division 5 - Reviews of notifiable low risk dealings and exemptions 105. Regulator may review notifiable low risk dealings 106. Regulator may review exemptions 107. Regulator may give notice of consideration 108. What Regulator may do after consideration 109. Regulator not required to review matters PART 10 - Enforcement 110. Simplified outline 111. Regulator may give directions 112. Injunctions 113. Forfeiture PART 11 - Powers of inspection Division 1 - Simplified outline 114. Simplified outline Division 2 - Appointment of inspectors and identity cards 115. Appointment of inspectors 116. Identity card Division 3 - Monitoring powers 117. Powers available to inspectors for monitoring compliance 118. Monitoring powers Division 4 - Offence-related powers 119. Searches and seizures related to offences 120. Offence-related powers of inspectors in relation to premises 121. Use of equipment at premises Division 5 - Expert assistance 122. Expert assistance to operate a thing Division 6 - Emergency powers 123. Powers available to inspectors for dealing with dangerous situations Division 7 - Obligations and incidental powers of inspectors 124. Inspector must produce identity card on request 125. Consent 126. Details of warrant to be given to occupier, &c. 127. Announcement before entry 128. Compensation for damage Division 8 - Power to search goods, baggage, &c. 129. Power to search goods, baggage, &c. 130. Seizure of goods Division 9 - General provisions relating to search and seizure 131. Copies of seized things to be provided 132. Occupier entitled to be present during search 133. Receipts for things seized 134. Retention of seized things 135. Magistrate may permit a thing to be retained 136. Disposal of goods if there is no owner or owner cannot be located Division 10 - Warrants 137. Monitoring warrants 138. Offence-related warrants 139. Offence-related warrants by telephone, telex, fax, &c. 140. Offences relating to warrants Division 11 - Other matters 141. Part not to abrogate privilege against self-incrimination 142. Part does not limit power to impose licence conditions PART 12 - Miscellaneous Division 1 - Simplified outline 143. Simplified outline Division 2 - Review of decisions 144. Meaning of terms 145. Notification of decisions and review rights 146. Internal review 147. Deadlines for making reviewable decisions 148. Review of decisions by Administrative Appeals Tribunal Division 3 - Confidential commercial information 149. Application for protection of confidential commercial information 150. Regulator may declare that information is confidential commercial information 151. Revocation of declaration 152. Confidential commercial information must not be disclosed Division 4 - Conduct by directors, employees and agents 153. Conduct by directors, employees and agents 154. Meaning of terms Division 5 - Transitional provisions 155. Transitional provision dealings covered by Genetic Manipulation Advisory Committee advice to proceed 156. Regulations may relate to transitional matters Division 6 - Other 157. False or misleading information or document 158. Interference with dealings with GMOs 159. Cloning of human beings is prohibited 160. Certain experiments involving animal eggs prohibited 161. Certain experiments involving putting human and animal cells into a human uterus prohibited 162. Attempts to commit offences against Act 163. Administrative functions and powers conferred on Commonwealth authorities and officers 164. Regulations 165. Review of operation of Act 166. Administration of Act 167. Agricultural and Veterinary Chemicals (Tasmania) Act 1994 amended[ Note: This table has been automatically generated and may be incomplete. ]