Genetically Modified Organisms Control Act 2004 (Tas)

Genetically Modified Organisms Control Act 2004

An Act to provide for the whole or any part of Tasmania to be declared to be a genetically modified organisms free area for the purpose of preserving the identity of non-genetically modified crops and animals for marketing purposes, to provide for persons to be allowed to deal with genetically modified organisms under permits, to consequentially amend the Gene Technology Act 2001 and for related purposes [Royal Assent 16 November 2004]

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 Genetically Modified Organisms Control Act 2004 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation (1) In this Act, unless the contrary intention appears – affected person means a person who is not a permit holder but – (a) is specified in any site management plan which is included in, or attached to, the permit or the conditions to which the permit is subject; and (b) deals with the GMO in respect of which the permit is issued, under the authority of that permit; approved quarantine place means a place declared to be an approved quarantine place under section 28D ; authorised officer means a person appointed as an authorised officer under section 6(2) ; deal with, in relation to a GMO, or thing that contains or may contain a GMO, means – (a) conduct experiments with the GMO or thing; or (b) make, develop, produce or manufacture the GMO or thing; or (c) breed the GMO or thing; or (d) propagate the GMO or thing; or (e) use the GMO or thing in the course of manufacture of another thing that is not the GMO or thing; or (f) grow, raise or culture the GMO or thing; or (g) sow, maintain, prepare for harvest or harvest the GMO or thing; or (h) import the GMO or thing into the State; or (i) possess, have control or charge of, supply, use, transport or dispose of the GMO or thing; or (j) be responsible for the occurrence or existence of the GMO or thing in a place; destruction order means an order for the destruction of a GMO made under section 26 ; examination includes any assessment, inspection, analysis or test; exempt person means – (a) a person of a class specified in an exemption from the operation of section 7(1) given under section 19(2) ; or (b) a person who is the subject of an exemption from the operation of section 7(1) given under section 19(4) ; exemption means an exemption from the operation of section 7(1) given under section 19(2) or (4) ; genetically modified organism has the same meaning as in the Gene Technology Act 2000 of the Commonwealth; GMO means genetically modified organism; GMO-free area means, while an order under section 5 is in force, the whole or the part of Tasmania declared by the Minister in the order to be an area that is free of GMOs; GMO licence means a GMO licence within the meaning of section 10(1) of the Gene Technology Act 2000 of the Commonwealth; permit means a permit granted under section 9 ; permit holder means the person to whom a permit is granted under section 9 ; plant includes – (a) a crop; and (b) the seed, flower, fruit, nut, leaf, bulb, corn, tuber, stem or other part of a plant, whether living or dead, and whether or not attached to the plant; premises includes – (a) a building; and (b) a place (including an area of land); and (c) a vehicle; and (d) a facility; and (e) a part of premises; public notice means a notice published in any one or more of the following manners: (a) in the Gazette; (b) in a newspaper or magazine circulating generally in Tasmania; (c) on the internet; Secretary means the Secretary of the Department; vehicle includes vessel and aircraft. (2) For the purposes of paragraph (j) of the definition of deal with in subsection (1) , a person is responsible for the occurrence or existence of a GMO in a place if the person introduced the GMO into that place.