Gene Technology Act 2001 (SA)

South Australia Gene Technology Act 2001 An Act to regulate activities involving gene technology; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Object of Act 4 Regulatory framework to achieve object 5 Nationally consistent scheme 5A Amendments to Act to maintain national consistency 6 Act to bind the Crown 7 External Territories 8 Offences 8A Numbering 8B Notes 8C Outlines Part 2—Interpretation and operation of Act Division 1—Simplified outline 9 Simplified outline Division 2—Definitions 10 Definitions 11 Meaning of intentional release of a GMO into the environment 12 Meaning of corresponding State law Division 3—Operation of Act 13 Operation of Act 14 Wind-back of reach of Act 15 Relationship to other State laws Division 4—Provisions to facilitate a nationally consistent scheme Subdivision 1—General provisions 16 State laws may operate concurrently 17 Conferral of functions on Commonwealth officers and bodies 18 No doubling-up of liabilities 19 Review of certain decisions 20 Things done for multiple purposes Subdivision 2—Policy principles, policy guidelines and codes of practice 21 Ministerial Council may issue policy principles 22 Consultation on policy principles 23 Ministerial Council may issue policy guidelines 24 Ministerial Council may issue codes of practice Part 3—The Gene Technology Regulator 25 Simplified outline 26 The Gene Technology Regulator 27 Functions of the Regulator 28 Powers of the Regulator 29 Delegation 30 Independence of the Regulator Part 4—Regulations of dealings with GMOs Division 1—Simplified outline 31 Simplified outline Division 2—Dealings with GMOs must be licensed 32 Person not to deal with a GMO without a licence 33 Person not to deal with a GMO without a licence—strict liability offence 34 Person must not breach conditions of a GMO licence 35 Person must not breach conditions of a GMO licence—strict liability offence 35A Person must not breach conditions of emergency dealing determination 35B Person must not breach conditions of emergency dealing determination—strict liability offence 36 Person must not breach conditions on GMO Register 37 Offence relating to notifiable low risk dealings 38 Aggravated offences—significant damage to health or safety of people or to the environment Part 5—Licensing system Division 1—Simplified outline 39 Simplified outline Division 2—Licence applications 40 Person may apply for a licence 40A Licences relating to inadvertent dealings 41 Application may be withdrawn 42 Regulator may require applicant to give further information 43 Regulator must consider applications except in certain circumstances 44 Regulator may consult with applicant 45 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 46 Applications to which this Division applies 46A Division does not apply to an application relating to inadvertent dealings 47 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 48 Applications to which this Division applies 49 Division does not apply to an application relating to inadvertent dealings 50 Regulator must prepare risk assessment and risk management plan 50A Limited and controlled release applications 51 Matters Regulator must take into account in preparing risk assessment and risk management plan 52 Public notification of risk assessment and risk management plan 53 Regulator may take other actions 54 Person may request copies of certain documents Division 5—Decision on licence etc 55 Regulator must make a decision on licence and licence conditions 56 Regulator must not issue the licence unless satisfied as to risk management 57 Other circumstances in which Regulator must not issue the licence 58 Matters to be taken into account in deciding whether a person is suitable to hold a licence 59 Notification of licence decision 60 Period of licence Division 6—Conditions of licences 61 Licence is subject to conditions 62 Conditions that may be prescribed or imposed 63 Condition about informing people of obligations 64 Condition about monitoring and audits 65 Condition about additional information to be given to the Regulator 66 Person may give information to Regulator 67 Protection of persons who give information Division 7—Suspension, cancellation and variation of licences 68 Suspension and cancellation of licence 69 Surrender of licence 70 Transfer of licences 71 Variation of licence 72 Regulator to notify of proposed suspension, cancellation or variation Division 8—Annual charge 72AA GMO licence—annual charge Part 5A—Emergency dealing determinations Division 1—Simplified outline 72A Simplified outline Division 2—Making of emergency dealing determination 72B Minister may make emergency dealing determination 72C Period of effect of emergency dealing determination Division 3—Effect and conditions of emergency dealing determination 72D Emergency dealing determination authorises dealings, subject to conditions Division 4—Variation, suspension and revocation of emergency dealing determination 72E Variation, suspension and revocation of emergency dealing determination Part 6—Regulation of notifiable low risk dealings and dealings on the GMO Register Division 1—Simplified outline 73 Simplified outline Division 2—Notifiable low risk dealings 74 Notifiable low risk dealings 75 Regulation of notifiable low risk dealings Division 3—The GMO Register 76 GMO Register 77 Contents of Register 78 Regulator may include dealings with GMOs on GMO Register 79 Regulator not to make determination unless risks can be managed 80 Variation of GMO Register 81 Inspection of Register Part 7—Certification and accreditation Division 1—Simplified outline 82 Simplified outline Division 2—Certification 83 Application for certification 84 When the Regulator may certify the facility 85 Regulator may require applicant to give further information 86 Conditions of certification 87 Variation of certification 88 Suspension or cancellation of certification 89 Regulator to notify of proposed suspension, cancellation or variation 89A Transfer of certification 90 Guidelines Division 3—Accredited organisations 91 Application for accreditation 92 Regulator may accredit organisations 93 Regulator may require applicant to give further information 94 Conditions of accreditation 95 Variation of accreditation 96 Suspension or cancellation of accreditation 97 Regulator to notify of proposed suspension, cancellation or variation 98 Guidelines Part 8—The Gene Technology Technical Advisory Committee and the Gene Technology Ethics and Community Consultative Committee Division 1—Simplified outline 99 Simplified outline Division 2—The Gene Technology Technical Advisory Committee 100 The Gene Technology Technical Advisory Committee 101 Function of the Gene Technology Technical Advisory Committee 102 Expert advisers 103 Remuneration 104 Members and procedures 105 Subcommittees Division 3—The Gene Technology Ethics and Community Consultative Committee 106 The Gene Technology Ethics and Community Consultative Committee 107 Function of Ethics and Community Committee 108 Membership 109 Remuneration 110 Regulations 111 Subcommittees 112 Expert advisers Part 9—Administration Division 1—Simplified outline 117 Simplified outline Division 2—Appointment and conditions of Regulator 118 Appointment of the Regulator 119 Termination of appointment 120 Disclosure of interests 121 Acting appointment 122 Terms and conditions 123 Outside employment 124 Remuneration 125 Leave of absence 126 Resignation Division 3—Money 127 Regulator may charge for services 128 Notional payments by the State 129 Gene Technology Account 130 Credits to Gene Technology Account 131 Recovery of amounts 132 Purposes of Account Division 4—Staffing 133 Staff assisting the Regulator 134 Consultants 135 Seconded officers Division 5—Reporting requirements 136 Annual report 137 Reports to Parliament Division 6—Record of GMO Dealings 138 Record of GMO Dealings 139 Inspection of Record Division 7—Reviews of notifiable low risk dealings and exemptions 140 Regulator may review notifiable low risk dealings 141 Regulator may review exemptions 142 Regulator may give notice of consideration 143 What Regulator may do after consideration 144 Regulator not required to review matters Part 10—Enforcement 145 Simplified outline 146 Regulator may give directions 147 Injunctions 148 Forfeiture Part 11—Powers of inspection Division 1—Simplified outline 149 Simplified outline Division 2—Appointment of inspectors and identity cards 150 Appointment of inspectors 151 Identity card Division 3—Monitoring powers 152 Powers available to inspectors for monitoring compliance 153 Monitoring powers Division 4—Offence related powers 154 Searches and seizures related to offences 155 Offence-related powers of inspectors in relation to premises 156 Use of equipment at premises Division 5—Expert assistance 157 Expert assistance to operate a thing Division 6—Emergency powers 158 Powers available to inspectors for dealing with dangerous situations Division 7—Obligations and incidental powers of inspectors 159 Inspector must produce identity card on request 160 Consent 161 Details of warrant to be given to occupier etc 162 Announcement before entry 163 Compensation for damage Division 8—Power to search goods, baggage etc 164 Power to search goods, baggage etc 165 Seizure of goods Division 9—General provisions relating to search and seizure 166 Copies of seized things to be provided 167 Occupier entitled to be present during search 168 Receipts for things seized 169 Retention of seized things 170 Magistrates Court may permit a thing to be retained 171 Disposal of goods if there is no owner or owner cannot be located Division 10—Warrants 172 Monitoring warrants 173 Offence-related warrants 174 Offence-related warrants by telephone, telex, fax etc 175 Offences relating to warrants Division 11—Other matters 176 Part not to abrogate privilege against self-incrimination 177 Part does not limit power to impose conditions Part 12—Miscellaneous Division 1—Simplified outline 178 Simplified outline Division 2—Review of decisions 179 Meaning of terms 180 Notification of decisions and review rights 181 Internal review 182 Deadlines for making reviewable decisions 183 Review of decisions by South Australian Civil and Administrative Tribunal 183A Extended standing for judicial review 183B Interaction with Commonwealth law Division 3—Confidential commercial information 184 Application for protection of confidential commercial information 185 Regulator may declare that information is confidential commercial information 186 Revocation of declaration 187 Confidential commercial information must not be disclosed Division 4—Conduct by directors, employees and agents 188 Conduct by directors, employees and agents 189 Meaning of terms Division 5—Transitional provisions 190 Transitional provision—dealings covered by Genetic Manipulation Advisory Committee advice to proceed 191 Regulations may relate to transitional matters Division 6—Other 192 False or misleading information or document 192A Interference with dealings with GMOs 192E Attempts to commit offences against Act 193 Regulations 194 Review of operation of Act Legislative history