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This is a Bill, not an Act. For current law, see the Acts databases.


GENETICALLY MODIFIED CROPS FREE AREAS BILL 2003

                        Western Australia


Genetically Modified Crops Free Areas Bill 2003

                           CONTENTS

 1.    Short title                                             1
 2.    Commencement                                            2
 3.    Interpretation                                          2
 4.    Designation of genetically modified crops free areas    3
 5.    Offence                                                 3
 6.    Exemptions                                              4
 7.    Breach of conditions of an exemption                    4
 8.    Orders for destruction of genetically modified food
       crops                                                   5
 9.    Compensation                                            5
 10.   Orders a court may make on conviction                   6
 11.   Authorised officers                                     7
 12.   General power to enter places                           7
 13.   Entry under warrant                                     7
 14.   General powers upon entering places                     8
 15.   Assistants and equipment                                8
 16.   Purpose of entry to be given on request                 8
 17.   Protection from liability for wrongdoing                8
 18.   Regulations                                             9
 19.   Review of Act                                           9




                                                              page i
                             189--2
                           Western Australia


                      LEGISLATIVE ASSEMBLY

                      (As amended in committee)



Genetically Modified Crops Free Areas Bill 2003


                               A Bill for


An Act to prohibit the cultivation of certain genetically modified
crops in designated areas of the State and to provide for their
destruction in certain cases.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Genetically Modified Crops Free
        Areas Act 2003.




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     Genetically Modified Crops Free Areas Bill 2003



     s. 2




     2.       Commencement
              This Act comes into operation on the day on which it receives
              the Royal Assent.

     3.       Interpretation
5             In this Act, unless the contrary intention appears --
              "authorised officer" means an officer designated under
                   section 11 as an authorised officer;
              "cultivate", in relation to a crop, includes to breed, propagate,
                   grow, raise or culture plants, or parts of plants, for that
10                 crop;
              "Department" means the department of the Public Service
                   principally assisting the Minister in the administration of
                   this Act;
              "field trial" means the small scale cultivation of a crop
15                 that is --
                   (a) for the purpose of assessing the viability and
                          environmental risks of that crop; and
                   (b) not for commercial purposes;
              "gene technology" has the meaning given by section 10(1) of
20                 the Gene Technology Act 2000 of the Commonwealth;
              "genetically modified crop" means a crop that consists of or
                   includes plants that are genetically modified organisms;
              "genetically modified organism" means --
                   (a) an organism that has been modified by gene
25                        technology; or
                   (b) an organism that has inherited particular traits from
                          an organism (the "initial organism"), being traits
                          that occurred in the initial organism because of gene
                          technology;
30            "GMO licence" has the meaning given by section 10(1) of the
                   Gene Technology Act 2000 of the Commonwealth.

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                                 Genetically Modified Crops Free Areas Bill 2003



                                                                              s. 4



     4.         Designation of genetically modified crops free areas
          (1)   The Minister may, by order published in the Gazette, designate
                an area of the State as an area in which --
                  (a) a genetically modified crop must not be cultivated; or
5                 (b) a genetically modified crop specified in the order must
                        not be cultivated.
          (2)   An order, or a combination of orders, may designate the whole
                of the State.
          (3)   An order may be amended or revoked by further order
10              published in the Gazette.
          (4)   Section 42 of the Interpretation Act 1984 applies to an order as
                if the order were a regulation.

     5.         Offence
          (1)   A person commits an offence if --
15                (a) the person cultivates a genetically modified crop;
                 (b) the crop is cultivated in an area that is designated in an
                       order under section 4;
                  (c) the order is made under section 4(1)(b), the crop is
                       specified in the order; and
20               (d) the person knows, or is reckless as to whether or not, the
                       crop is a genetically modified crop.
                Penalty: $200 000.
          (2)   Subsection (1) does not apply to the cultivation of a genetically
                modified organism under a GMO licence if --
25               (a) the licence authorises release of the genetically modified
                       organism into the environment but only to the extent of
                       release for the purposes of a field trial;
                       and
                 (b) the cultivation is a field trial that complies with the
30                     licence.

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     s. 6



          (3)   Subsection (1) does not apply to the cultivation of a genetically
                modified organism if the cultivation does not involve the
                intentional release of the organism into the environment.
          (4)   Subsection (1) does not apply to the cultivation of a genetically
5               modified organism if the cultivation is covered by an exemption
                granted under section 6.
          (5)   Proceedings for an offence against subsection (1) are to be dealt
                with by a court constituted by a magistrate.

     6.         Exemptions
10        (1)   The Minister may, by order published in the Gazette, exempt a
                person, or a specified class of persons, from the application of
                section 5(1) to a specified extent in relation to a specified area
                or in any other specified way.
          (2)   An exemption may be granted subject to specified conditions.
15        (3)   The Minister may, by order published in the Gazette, vary the
                conditions to which an exemption is subject or revoke the
                exemption.
          (4)   Section 42 of the Interpretation Act 1984 applies to an order
                under subsection (1) or (3) as if the order were a regulation.
20        (5)   An exemption may be included in an order designating an area
                under section 4.

     7.         Breach of conditions of an exemption
          (1)   A person to whom an exemption applies who contravenes a
                condition to which the exemption is subject commits an offence.
25              Penalty: $200 000.
          (2)   Proceedings for an offence under subsection (1) are to be dealt
                with by a court constituted by a magistrate.




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                                                                                 s. 8



     8.         Orders for destruction of genetically modified food crops
          (1)   The chief executive officer may, in writing, order the
                destruction of a crop if the chief executive officer is satisfied
                that --
5                 (a) the crop is a genetically modified crop;
                  (b) the crop is cultivated in an area that is designated in an
                        order under section 4 (the "designating order");
                  (c) if the designating order is made under section 4(1)(b),
                        the crop is specified in the designating order; and
10                (d) an exemption under section 6 does not apply in relation
                        to the crop, or, if an exemption under section 6 does
                        apply, the person to whom the exemption applies has
                        failed to comply in a material way with the conditions to
                        which the exemption is subject.
15        (2)   For the purpose of giving effect to an order under this section,
                an authorised officer may, by force of this subsection --
                  (a) enter the land on which the crop is situated and, if
                        necessary, enter premises upon that land;
                  (b) seize the crop; and
20                (c) destroy the crop, either on the land or elsewhere.

     9.         Compensation
          (1)   A person who suffers loss or damage as a result of the exercise
                of the powers in respect of the destruction of a crop under
                section 8(2) may, within one year of the exercise of those
25              powers, apply to the chief executive officer for compensation
                for that loss or damage.
          (2)   No compensation is payable unless the chief executive officer is
                of the opinion that, in the circumstances of the case, it is just to
                pay compensation.




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     s. 10



           (3)   No compensation is payable if the person who suffered the loss
                 or damage is being or has been prosecuted for an offence
                 against section 5(1) unless the person is acquitted of the offence.
           (4)   The amount of compensation payable is to be determined by
5                agreement between the person applying for compensation and
                 the chief executive officer or, in the absence of agreement, by a
                 Local Court on the application of the person applying for
                 compensation or of the chief executive officer.

     10.         Orders a court may make on conviction
10         (1)   If a court convicts a person of an offence against section 5 or 7
                 and the genetically modified crop has been destroyed under an
                 order of the chief executive officer under section 8(1), the court
                 may, in addition to any other penalty imposed, order that the
                 person pay to the Minister the costs of destroying the crop.
15         (2)   If --
                   (a)   a court convicts a person of an offence against section 5
                         or 7;
                  (b)    it is proved on the balance of probabilities that the
                         cultivation of the genetically modified crop by the
20                       convicted person resulted in another crop being a
                         genetically modified crop;
                   (c)   that other crop is destroyed under an order of the chief
                         executive officer under section 8(1); and
                  (d)    compensation is paid to another person under section 9
25                       because of the destruction of that other crop,
                 the court may, in addition to any other penalty imposed, order
                 the convicted person pay to the Minister an amount equal to the
                 amount of compensation paid.
           (3)   If a court convicts a person of an offence against section 5 or 7,
30               the court may, in addition to any other penalty imposed, order
                 the convicted person to pay to any other person who has
                 suffered loss or damage or incurred costs or expenses as a result


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                                                                               s. 11



                 of the commission of the offence compensation for the loss or
                 damage, or an amount for or towards the costs or expenses.

     11.         Authorised officers
                 The Minister may, in writing, designate an officer of the
5                Department as an authorised officer for the purposes of this Act.

     12.         General power to enter places
                 For the purposes of investigating whether this Act has been
                 contravened, an authorised officer may enter and inspect any
                 place if the consent of the owner or occupier has been obtained.

10   13.         Entry under warrant
           (1)   In the circumstances described in subsection (2), a justice may
                 by warrant authorise an authorised officer, together with such
                 other persons as are named or described in the warrant
                 (including police officers), to enter and inspect any place using
15               such force as is necessary.
           (2)   A warrant may be granted under subsection (1) where a justice
                 is satisfied that the entry is reasonably required by an authorised
                 officer for the purposes of investigating whether this Act has
                 been contravened, but --
20                  (a) entry has been refused or is opposed or prevented; or
                   (b) entry cannot be obtained.
           (3)   A warrant granted under subsection (1) --
                  (a)    is to be in the prescribed form;
                  (b)    is to specify the purpose for which the place may be
25                       entered; and
                   (c)   continues to have effect until the purpose for which it
                         was granted has been satisfied.




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     Genetically Modified Crops Free Areas Bill 2003



     s. 14



     14.         General powers upon entering places
                 Upon entry to a place under section 12 or under a warrant under
                 section 13, an authorised officer may --
                   (a) inspect, count, examine or mark for identification any
5                        plant in the place;
                   (b) require a person to produce any document that is or may
                         be relevant to the investigation;
                   (c) inspect any document produced, make copies of it or
                         take extracts from it, and remove it for as long as is
10                       reasonably necessary to make copies or extracts;
                   (d) take or remove for analysis or examination samples of
                         or from, or specimens of, any plant in the place.

     15.         Assistants and equipment
                 Entry by an authorised officer under section 8(2), 12 or 13 may
15               be made with such assistants and equipment as are considered
                 necessary for the purpose for which entry is required.

     16.         Purpose of entry to be given on request
                 An authorised officer who enters or who has entered a place is
                 to give particulars of the power by virtue of which the
20               authorised officer claims a right of entry, on being requested to
                 do so.

     17.         Protection from liability for wrongdoing
           (1)   An authorised officer is not liable for anything that the officer
                 has, in good faith, done in the performance or purported
25               performance of a function under this Act.
           (2)   Despite subsection (1), the State is not relieved of any liability
                 that it might have for an authorised officer having done
                 anything as described in that subsection.




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                                   Genetically Modified Crops Free Areas Bill 2003



                                                                                  s. 18



           (3)   The protection given by this section applies even though the
                 thing done as described in subsection (1) may have been
                 capable of being done whether or not this Act had been enacted.
           (4)   In this section, a reference to the doing of anything includes a
5                reference to an omission to do anything.

     18.         Regulations
                 The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
10               purposes of this Act.

     19.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after the
                 expiration of 5 years from its commencement.
15         (2)   The Minister is to prepare a report based on the review and, as
                 soon as is practicable after the report is prepared (and in any
                 event not more than 12 months after the expiration of the 5 year
                 period referred to in subsection (1)), cause it to be laid before
                 each House of Parliament.




 


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