Gene Technology (Tasmania) Act 2012 (Tas)

Gene Technology (Tasmania) Act 2012

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 and to repeal the Gene Technology Act 2001 [Royal Assent 14 June 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Gene Technology (Tasmania) Act 2012 .

2. Commencement This Act commences on a day to be proclaimed.

3. Object of Act (1) The object of this Act is to 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 by managing those risks through regulating certain dealings with GMOs. (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. Interpretation (1) In this Act – applied provisions means the Commonwealth gene technology laws that apply as a law of this State because of section 6 ; 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 laws means – (a) the Gene Technology Act 2000 of the Commonwealth; and (b) the Gene Technology (Licence Charges) Act 2000 of the Commonwealth; and (c) all regulations, guidelines, principles, standards and codes of practice in force under either of those Acts; Commonwealth Regulator means the Gene Technology Regulator appointed under the Gene Technology Act 2000 of the Commonwealth; function includes duty; modify includes add to, omit and substitute. (2) If an expression is defined in the Gene Technology Act 2000 of the Commonwealth 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.