Gene Technology (New South Wales) Act 2003 (NSW)

Gene Technology (New South Wales) Act 2003 No 11

An Act to apply the Gene Technology Act 2000 and the Gene Technology (Licence Charges) Act 2000 of the Commonwealth as a law of this State; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Gene Technology (New South Wales) Act 2003.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Object of Act (1) The object of this Act is to adopt in this State a uniform Australian approach to the regulation of genetically modified organisms. (2) For that purpose, this Act: (a) applies the Gene Technology Act 2000 and the Gene Technology (Licence Charges) Act 2000 of the Commonwealth as a law of this State, and (b) makes provision to help ensure that the Commonwealth Acts and the applied law of this State are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.

4 Definitions (1) In this Act: applied provisions means the Commonwealth gene technology laws that apply as a law of this State because of section 5. Commonwealth administrative laws means the following Acts and regulations of the Commonwealth: (a) the Administrative Appeals Tribunal Act 1975 (excluding Part IVA), (b) the Freedom of Information Act 1982, (c) the Ombudsman Act 1976, (d) the Privacy Act 1988, (e) the regulations in force under any of those Acts. Commonwealth Gene Technology Act means the Gene Technology Act 2000 of the Commonwealth. Commonwealth gene technology laws means: (a) the Commonwealth Gene Technology Act, and (b) the Commonwealth Licence Charges Act, and (c) all regulations, guidelines, principles, standards and codes of practice in force under either of those Acts. Commonwealth Licence Charges Act means the Gene Technology (Licence Charges) Act 2000 of the Commonwealth. Commonwealth Regulator means the Gene Technology Regulator appointed under the Commonwealth Gene Technology Act. function includes duty. (2) If an expression is defined in the Commonwealth Gene Technology Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act. (3) In this Act, a reference to a Commonwealth Act includes a reference to: (a) that Commonwealth Act, as amended and in force for the time being, and (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.