Gene Technology (Recognition of Designated Areas) Principle 2003 Gene Technology Act 2000 The Ministerial Council constituted under the Gene Technology Agreement makes this Principle under subsection 21 (1) of the Gene Technology Act 2000. 31 July 2003 Hon Trish Worth MP Hon Ian Macdonald MLC Parliamentary Secretary to the Minister for Health and Ageing Minister for Agriculture and Fisheries for the State of New South Wales for Senator the Hon Kay Patterson, Minister for Health and Ageing for the Commonwealth Hon Bronwyn Pike MP Hon Paul Lucas MP Minister for Health Minister for Innovation and Information Economy, for the State of Victoria for the State of Queensland Hon Kim Chance MLC Hon Lea Stevens MP Minister for Agriculture, Forestry and Fisheries Minister for Health for the State of Western Australia for the State of South Australia Hon Bryan Green MHA Mr Simon Corbell MLA Minister for Primary Industries, Water and Environment Minister for Health for the State of Tasmania for the Australian Capital Territory Part 1 Preliminary 1 Name of Principle This Principle is the Gene Technology (Recognition of Designated Areas) Principle 2003. 2 Commencement This Principle commences on gazettal. 3 Definitions In this Principle: Act means the Gene Technology Act 2000. Note A number of expressions used in this Principle are defined in the Act (see section 10), including:  GMO licence  Regulator  State. 4 Purpose This Principle is issued for the purpose of recognising areas (if any) designated under a State law for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes. Part 2 Principle for recognition of designated areas 5 Recognition of areas designated under State law An area is recognised as an area that is designated for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes, if the area is so designated under a State law. 6 States not compelled to make law Section 5 is not intended to compel a State to make a law mentioned in that section. 7 Effect on Regulator Section 5 is intended to apply for the purposes of paragraph 43 (2) (e) and subsection 57 (1) of the Act, and for clause 2.1 in Schedule 3 of the Gene Technology Regulations 2001, but is not intended to otherwise affect the operation of: (a) the Regulator's obligation under section 55 of the Act to make a decision whether to issue or refuse to issue a GMO licence; and (b) the Regulator's duty to consider the matters mentioned in subsection 56 (1) of the Act in relation to the issue of a GMO licence.