AustLII Tasmanian Numbered Acts

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GENE TECHNOLOGY ACT 2001 (NO. 53 OF 2001)

- 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     Application may be withdrawn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. ]



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