Gene Technology (Queensland) Act 2016 (Qld)

Gene Technology (Queensland) Act 2016

An Act to apply the Gene Technology Act 2000 (Cwlth) and Gene Technology (Licence Charges) Act 2000 (Cwlth) as laws of Queensland

Part 1 Preliminary

1 Short title This Act may be cited as the Gene Technology (Queensland) Act 2016.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Purpose of Act (1) The purpose of this Act is to— (a) protect the health and safety of people, and to protect the environment, by identifying risks posed by, or as a result of, gene technology; and (b) manage those risks through regulating certain dealings with genetically modified organisms. (2) The purpose is achieved by— (a) applying the Commonwealth gene technology laws, as modified under this Act, as laws of Queensland; and (b) making provision to help ensure the Commonwealth gene technology laws and applied provisions are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.

4 Act binds all persons (1) This Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.

5 Interpretation (1) In this Act— applied provisions means the Commonwealth gene technology laws that apply as laws of this State because of section 6, including any modifications of those laws under section 7. Commonwealth administrative laws means the following Acts and any regulations in force under those Acts— (a) the Administrative Review Tribunal Act 2024 (Cwlth), excluding part 7; (b) the Freedom of Information Act 1982 (Cwlth); (c) the Ombudsman Act 1976 (Cwlth); (d) the Privacy Act 1988 (Cwlth). Commonwealth Gene Technology Act means the Gene Technology Act 2000 (Cwlth). 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 an Act mentioned in paragraph (a) or (b). Commonwealth Licence Charges Act means the Gene Technology (Licence Charges) Act 2000 (Cwlth). Commonwealth regulator means the Gene Technology Regulator appointed under the Commonwealth Gene Technology Act. (2) Terms used in this Act and also in the Commonwealth Gene Technology Act have the same meanings in this Act as the terms have in the Commonwealth Act. (3) However, subsection (2) does not apply to the extent the context or subject matter of this Act otherwise indicates or requires.