Gene Technology Act 2006 (WA)

Western Australia Gene Technology Act 2006 Western Australia Gene Technology Act 2006 Contents Part 1 — Preliminary 1. Purpose and short title 2 2. Commencement 2 3. Object of Act 2 4. Regulatory framework to achieve object 2 5. Nationally consistent scheme 3 6. Act to bind the Crown 3 7. External Territories 3 8. Offences 3 8A. Numbering 4 8B. Notes 4 8C. Outlines 4 Part 2 — Interpretation and operation of Act Division 1 — Simplified outline 9. Simplified outline 5 Division 2 — Definitions 10. Definitions 5 11. Meaning of intentional release of a GMO into the environment 11 12. Meaning of corresponding State law 11 12A. Meaning of reckless 11 Division 3 — Operation of Act 13. Operation of Act 12 14. Wind‑back of reach of Act 12 15. Relationship to other State laws 12 Division 4 — Provisions to facilitate a nationally consistent scheme Subdivision A — General provisions 16. State laws may operate concurrently 13 17. Conferral of functions on Commonwealth officers and bodies 13 18. No doubling‑up of liabilities 13 19. Review of certain decisions 13 20. Things done for multiple purposes 14 Subdivision B — Policy principles, policy guidelines and codes of practice 21. Ministerial Council may issue policy principles 14 22. Consultation on policy principles 15 23. Ministerial Council may issue policy guidelines 15 24. Ministerial Council may issue codes of practice 16 Part 3 — The Gene Technology Regulator 25. Simplified outline 17 26. The Gene Technology Regulator 17 27. Functions of the Regulator 17 28. Powers of the Regulator 18 29. Delegation 18 30. Independence of the Regulator 19 Part 4 — Regulation of dealings with GMOs Division 1 — Simplified outline 31. Simplified outline 20 Division 2 — Dealings with GMOs must be licensed 32. Person not to deal with a GMO without a licence 20 33. Person not to deal with a GMO without a licence — strict liability offence 22 34. Person must not breach conditions of a GMO licence 22 35. Person must not breach conditions of a GMO licence — strict liability offence 24 36. Person must not breach conditions on GMO Register 24 37. Offence relating to notifiable low risk dealings 25 38. Aggravated offences — significant damage to health or safety of people or to the environment 25 Part 5 — Licensing system Division 1 — Simplified outline 39. Simplified outline 26 Division 2 — Licence applications 40. Person may apply for a licence 26 41. Application may be withdrawn 27 42. Regulator may require applicant to give further information 27 43. Regulator must consider applications except in certain circumstances 28 44. Regulator may consult with applicant 28 45. Regulator must not use certain information in considering licence application 28 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 29 47. What the Regulator must do in relation to application 29 Division 4 — Initial consideration of licences for dealings involving intentional release of a GMO into the environment 48. Applications to which this Division applies 30 49. Dealings that may pose significant risks to the health and safety of people or the environment 30 50. Regulator must prepare risk assessment and risk management plan 32 51. Matters Regulator must take into account in preparing risk assessment and risk management plan 32 52. Public notification of risk assessment and risk management plan 34 53. Regulator may take other actions 35 54. Person may request copies of certain documents 36 Division 5 — Decision on licence etc. 55. Regulator must make a decision on licence and licence conditions 36 56. Regulator must not issue the licence unless satisfied as to risk management 36 57. Other circumstances in which Regulator must not issue the licence 37 58. Matters to be taken into account in deciding whether a person is suitable to hold a licence 38 59. Notification of licence decision 39 60. Period of licence 39 Division 6 — Conditions of licence 61. Licence is subject to conditions 40 62. Conditions that may be prescribed or imposed 40 63. Condition about informing people of obligations 41 64. Condition about monitoring and audits 42 65. Condition about additional information to be given to the Regulator 42 66. Person may give information to Regulator 43 67. Protection of persons who give information 43 Division 7 — Suspension, cancellation and variation of licences 68. Suspension and cancellation of licence 43 69. Surrender of licence 44 70. Transfer of licence 44 71. Variation of licence 45 72. Regulator to notify of proposed suspension, cancellation or variation 46 Division 8 — Annual charge 72A. GMO licence — annual charge 47 Part 6 — Regulation of notifiable low risk dealings and dealings on the GMO Register Division 1 — Simplified outline 73. Simplified outline 48 Division 2 — Notifiable low risk dealings 74. Notifiable low risk dealings 48 75. Regulation of notifiable low risk dealings 49 Division 3 — The GMO Register 76. The GMO Register 50 77. Contents of Register 50 78. Regulator may include dealings with GMOs on GMO Register 50 79. Regulator not to make determination unless risks can be managed 51 80. Variation of GMO Register 52 81. Inspection of Register 52 Part 7 — Certification and accreditation Division 1 — Simplified outline 82. Simplified outline 53 Division 2 — Certification 83. Application for certification 53 84. When the Regulator may certify the facility 53 85. Regulator may require applicant to give further information 54 86. Conditions of certification 54 87. Variation of certification 54 88. Suspension or cancellation of certification 54 89. Regulator to notify of proposed suspension, cancellation or variation 55 90. Guidelines 56 Division 3 — Accredited organisations 91. Application for accreditation 56 92. Regulator may accredit organisations 56 93. Regulator may require applicant to give further information 57 94. Conditions of accreditation 57 95. Variation of accreditation 57 96. Suspension or cancellation of accreditation 58 97. Regulator to notify of proposed suspension, cancellation or variation 58 98. Guidelines 59 Part 8 — The Gene Technology Technical Advisory Committee, the Gene Technology Community Consultative Group and the Gene Technology Ethics Committee Division 1 — Simplified outline 99. Simplified outline 60 Division 2 — The Gene Technology Technical Advisory Committee 100. The Gene Technology Technical Advisory Committee 60 101. Function of the Gene Technology Technical Advisory Committee 60 102. Expert advisers 61 103. Remuneration 61 104. Members and procedures 61 105. Subcommittees 61 Division 3 — The Gene Technology Community Consultative Committee 106. The Gene Technology Community Consultative Committee 61 107. Function of Consultative Committee 62 108. Membership 62 109. Remuneration 62 110. Regulations 62 110A. Subcommittees 62 Division 4 — The Gene Technology Ethics Committee 111. The Gene Technology Ethics Committee 63 112. Function of the Gene Technology Ethics Committee 63 113. Expert advisers 63 114. Remuneration 63 115. Members and procedures 63 116. Subcommittees 64 Part 9 — Administration Division 1 — Simplified outline 117. Simplified outline 65 Division 2 — Appointment and conditions of Regulator 118. Appointment of the Regulator 65 119. Termination of appointment 65 120. Disclosure of interests 65 121. Acting appointment 66 122. Terms and conditions 66 123. Outside employment 66 124. Remuneration 66 125. Leave of absence 66 126. Resignation 66 Division 3 — Money 127. Regulator may charge for services 66 128. Notional payments by the State 67 129. Gene Technology Account 67 130. Credits to Gene Technology Account 67 131. Recovery of amounts 68 132. Purposes of Account 68 Division 4 — Staffing 133. Staff assisting the Regulator 68 134. Consultants 68 135. Seconded officers 69 Division 5 — Reporting requirements 136. Annual report 69 136A. Quarterly reports 69 137. Reports to Parliament 70 Division 6 — Record of GMO and GM product dealings 138. Record of GMO and GM product dealings 70 139. Inspection of Record 71 Division 7 — Reviews of notifiable low risk dealings and exemptions 140. Regulator may review notifiable low risk dealings 71 141. Regulator may review exemptions 72 142. Regulator may give notice of consideration 72 143. What Regulator may do after consideration 73 144. Regulator not required to review matters 73 Part 10 — Enforcement 145. Simplified outline 74 146. Regulator may give directions 74 147. Injunctions 76 148. Forfeiture 77 Part 11 — Powers of inspection Division 1 — Simplified outline 149. Simplified outline 78 Division 2 — Appointment of inspectors and identity cards 150. Appointment of inspectors 78 151. Identity card 79 Division 3 — Monitoring powers 152. Powers available to inspectors for monitoring compliance 79 153. Monitoring powers 80 Division 4 — Offence‑related powers 154. Searches and seizures related to offences 81 155. Offence‑related powers of inspectors in relation to premises 82 156. Use of equipment at premises 83 Division 5 — Expert assistance 157. Expert assistance to operate a thing 84 Division 6 — Emergency powers 158. Powers available to inspectors for dealing with dangerous situations 85 Division 7 — Obligations and incidental powers of inspectors 159. Inspector must produce identity card on request 86 160. Consent 86 161. Details of warrant to be given to occupier etc. 86 162. Announcement before entry 87 163. Compensation for damage 87 Division 8 — Power to search goods, baggage etc. 164. Power to search goods, baggage etc. 88 165. Seizure of goods 88 Division 9 — General provisions relating to search and seizure 166. Copies of seized things to be provided 89 167. Occupier entitled to be present during search 89 168. Receipts for things seized 90 169. Retention of seized things 90 170. Magistrate may permit a thing to be retained 91 171. Disposal of goods if there is no owner or owner cannot be located 92 Division 10 — Warrants 172. Monitoring warrants 92 173. Offence‑related warrants 93 174. Offence‑related warrants by telephone, telex, fax etc. 94 175. Offences relating to warrants 96 Division 11 — Other matters 176. Part not to abrogate privilege against self‑incrimination 97 177. Part does not limit power to impose licence conditions 97 Part 12 — Miscellaneous Division 1 — Simplified outline 178. Simplified outline 98 Division 2 — Review of decisions 179. Meaning of terms 98 180. Notification of decisions and review rights 99 181. Internal review 100 182. Deadlines for making reviewable decisions 100 183. Review of decisions by Administrative Appeals Tribunal 101 183A. Extended standing for judicial review 101 Division 3 — Confidential commercial information 184. Application for protection of confidential commercial information 101 185. Regulator may declare that information is confidential commercial information 101 186. Revocation of declaration 103 187. Confidential commercial information must not be disclosed 104 Division 4 — Conduct by directors, employees and agents 188. Conduct by directors, employees and agents 106 189. Meaning of terms 107 Division 5 — Transitional provisions 190. Transitional provision — dealings covered by Genetic Manipulation Advisory Committee advice to proceed 108 191. Regulations may relate to transitional matters 109 Division 6 — Other 192. False or misleading information or document 109 192A. Interference with dealings with GMOs 110 192B. Ancillary offences (parties to offences, attempts, incitement or conspiracy) 111 193. Regulations: general 111 194. Review of operation of Act 112 Part 13 — Consequential amendments 195. Agricultural and Veterinary Chemicals (Western Australia) Act 1995 amended 113 23A. Consultation with Gene Technology Regulator 113 Notes Compilation table 115 Defined terms Western Australia Gene Technology Act 2006 An Act to regulate activities involving gene technology and for other purposes. The Parliament of Western Australia enacts as follows: