Gene Technology Act 2001 (SA)

South Australia

Gene Technology Act 2001

An Act to regulate activities involving gene technology; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

(1)
This Act may be cited as the Gene Technology Act 2001.
(2)
This Act may also be referred to as—
(a)
the Gene Technology Law of South Australia; or
(b)
the Gene Technology Law.

3Object of Act

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.

4Regulatory framework to achieve object

The object of this Act is to be achieved through a regulatory framework which—
(aa)
provides that where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation; and
(a)
provides an efficient and effective system for the application of gene technologies; and
(b)
operates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GMO products.
Note—
Examples of the schemes mentioned in paragraph (b) are those that regulate food, agricultural and veterinary chemicals, industrial chemicals and therapeutic goods or substances.

5Nationally consistent scheme

It is the intention of the Parliament that this Act form a component of a nationally consistent scheme for the regulation of certain dealings with GMOs by the Commonwealth and the States.

5AAmendments to Act to maintain national consistency

(1)
If—
1. (a)
  the Parliament of the Commonwealth enacts an amendment to the Commonwealth Act (the Commonwealth amendment); and
2. (b)
  the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the Commonwealth amendment should be made to this Act,

the Governor may, by regulation, amend this Act to give effect to the Commonwealth amendment as a law of South Australia.

(2)
The Governor may, as part of any regulation made under subsection (1) in respect of a Commonwealth amendment, make any additional provision (including so as to modify the terms of the Commonwealth amendment or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the Commonwealth amendment has proper effect under the law of South Australia.
(3)
A regulation made under this section in respect of a Commonwealth amendment may, if the regulation so provides, take effect from the day of the commencement of the Commonwealth amendment (including a day that is earlier than the day of the regulation's publication in the Gazette).

6Act to bind the Crown

(1)
This Act binds the Crown in right of South Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2)
Nothing in this Act renders the Crown liable to be prosecuted for an offence.

7External Territories

Note—
The Commonwealth Act includes a provision extending that Act to every external Territory other than Norfolk Island.

8Offences

Note—
The Commonwealth Act includes a provision applying Chapter 2 of the Criminal Code to offences against that Act and construing penalty provisions in that Act.

8ANumbering

(1)
In order to maintain consistent numbering between this Act and the Gene Technology Act 2000 of the Commonwealth—
(a)
if the Commonwealth Act contains a section that is not required in this Act, the provision number and heading to the section appearing in the Commonwealth Act are included in this Act despite the omission of the body of the section; and
(b)
if this Act contains a section that is not included in the Commonwealth Act, the section is numbered so as to maintain consistency in numbering between sections common to both Acts.
(2)
A provision number and heading referred to in subsection (1)(a) form part of this Act.
Notes—
1A note appears under each heading of a kind referred to in subsection (1)(a) describing the omitted section of the Commonwealth Act.
2A note appears under each section of a kind referred to in subsection (1)(b) highlighting the non-appearance of an equivalent section in the Commonwealth Act.
3This section does not appear in the Commonwealth Act.

8BNotes

Notes form part of this Act.
Note—
This section does not appear in the Commonwealth Act.

8COutlines

The provisions appearing at the beginning of Parts 2 to 12 outlining the Part are intended only as a guide to readers as to the general scheme and effect of that Part.
Note—
This section does not appear in the Commonwealth Act.

Part 2Interpretation and operation of ActDivision 1Simplified outline9Simplified outline

In outline, this Part—
(a)
contains the definitions used in this Act;
(b)
contains provisions to facilitate a nationally consistent regulatory scheme;
(c)
enables the Ministerial Council to issue policy principles, policy guidelines and codes of practice.
Note—
This section differs from section 9 of the Commonwealth Act.

Division 2Definitions10Definitions

(1)
In this Act, unless the contrary intention appears—
accredited organisation means an organisation accredited under Division 3 of Part 7;
aggravated offence has the meaning given by section 38;
Commonwealth Act means the Gene Technology Act 2000 of the Commonwealth;
Commonwealth authority means the following:
(a)
a body corporate established for a public purpose by or under a Commonwealth Act;
(b)
a company in which a controlling interest is held by any one of the following persons, or by two or more of the following persons together:
(i)
the Commonwealth;
(ii)
a body covered by paragraph (a);
(iii)
a body covered by either of the above subparagraphs;
confidential commercial information means information declared by the Regulator to be confidential commercial information under section 185;
containment level, in relation to a facility, means the degree of physical confinement of GMOs provided by the facility, having regard to the design of the facility, the equipment located or installed in the facility and the procedures generally used within the facility;
corresponding Commonwealth emergency dealing determination, in relation to an emergency dealing determination under this Act, means a determination under section 72B of the Commonwealth Act that specifies the same kind of dealings as those proposed to be specified in, or specified in, the emergency dealing determination under this Act;
deal with, in relation to a GMO, means the following:
(a)
conduct experiments with the GMO;
(b)
make, develop, produce or manufacture the GMO;
(c)
breed the GMO;
(d)
propagate the GMO;
(e)
use the GMO in the course of manufacture of a thing that is not the GMO;
(f)
grow, raise or culture the GMO;
(g)
import the GMO;
(h)
transport the GMO;
(i)
dispose of the GMO,
and includes the possession, supply or use of the GMO for the purposes of, or in the course of, a dealing mentioned in any of paragraphs (a) to (i);
eligible person, in relation to a reviewable decision, has the meaning given by section 179;
emergency dealing determination means a determination in force under section 72B;
environment includes—
(a)
ecosystems and their constituent parts; and
(b)
natural and physical resources; and
(c)
the qualities and characteristics of locations, places and areas;
Environment Australia means—
(a)
the Commonwealth department of that name; or
(b)
if there is no Commonwealth department of that name—a department or agency prescribed by the regulations for the purposes of this definition;
Ethics and Community Committee means the Gene Technology Ethics and Community Consultative Committee established by section 106 of the Commonwealth Act;
evidential material means any of the following:
(a)
a thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed;
(b)
a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of any such offence;
(c)
a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing any such offence;
facility includes, but is not limited to, the following:
(a)
a building or part of a building;
(b)
a laboratory;
(c)
an aviary;
(d)
a glasshouse;
(e)
an insectary;
(f)
an animal house;
(g)
an aquarium or tank;
gene technology means any technique for the modification of genes or other genetic material, but does not include—
(a)
sexual reproduction; or
(b)
homologous recombination; or
(c)
any other technique specified in the regulations for the purposes of this paragraph;
Gene Technology Account means the Gene Technology Account established by section 129 of the Commonwealth Act;
Gene Technology Agreement means the Gene Technology Agreement made for the purposes of this Act between the Commonwealth and at least four States, as in force from time to time;
Gene Technology Technical Advisory Committee means the Gene Technology Technical Advisory Committee established by section 100 of the Commonwealth Act;
genetically modified organism means—
(a)
an organism that has been modified by gene technology; or
(b)
an organism that has inherited particular traits from an organism (the initial organism), being traits that occurred in the initial organism because of gene technology; or
(c)
anything declared by the regulations to be a genetically modified organism, or that belongs to a class of things declared by the regulations to be genetically modified organisms,
but does not include—
(d)
a human being, if the human being is covered by paragraph (a) only because the human being has undergone somatic cell gene therapy; or
(e)
an organism declared by the regulations not to be a genetically modified organism, or that belongs to a class of organisms declared by the regulations not to be genetically modified organisms;
GMO means a genetically modified organism;
GMO licence means a licence issued under section 55;
GMO Register means the GMO Register established by section 76 of the Commonwealth Act;
GM product means a thing (other than a GMO) derived or produced from a GMO;
inadvertent dealings application means an application for a GMO licence to which Division 3 or 4 of Part 5 does not apply because of the operation of section 46A or 49;
Institutional Biosafety Committee means a committee established as an Institutional Biosafety Committee in accordance with written guidelines issued by the Regulator under section 98;
jurisdiction means the following:
(a)
a State; or
(b)
the Commonwealth;
licence holder means the holder of a GMO licence;
local council means a council within the meaning of the Local Government Act 1999;
Ministerial Council means the Ministerial Council within the meaning of the Gene Technology Agreement;
notifiable low risk dealing has the meaning given by section 74;
officer, in relation to the Commonwealth, includes the following:
(a)
a Minister of the Crown in right of the Commonwealth;
(b)
a person who holds—
(i)
an office established by or under a Commonwealth Act; or
(ii)
an appointment made under a Commonwealth Act; or
(iii)
an appointment made by the Governor-General or a Minister of the Crown in right of the Commonwealth but not under a Commonwealth Act;
(c)
a person who is a member or officer of a Commonwealth authority;
(d)
a person who is in the service or employment of the Commonwealth or of a Commonwealth authority, or is employed or engaged under a Commonwealth Act;
organism means any biological entity that is—
(a)
viable; or
(b)
capable of reproduction; or
(c)
capable of transferring genetic material;
person covered by a GMO licence means a person authorised by a GMO licence to deal with a GMO;
premises includes the following:
(a)
a building;
(b)
a place (including an area of land);
(c)
a vehicle;
(d)
a vessel;
(e)
an aircraft;
(f)
a facility;
(g)
any part of premises (including premises referred to in paragraphs (a) to (f));
Record means the Record of GMO Dealings mentioned in section 138 of the Commonwealth Act;
Regulator means the Gene Technology Regulator appointed under section 118 of the Commonwealth Act;
reviewable decision has the meaning given by section 179;
State includes the Australian Capital Territory and the Northern Territory;
State agency means the following:
(a)
the Crown in right of South Australia;
(b)
a Minister of the Crown in right of South Australia;
(c)
an administrative unit of the Public Service;
(d)
an instrumentality of the State of South Australia, including a body corporate established for a public purpose by or under a law of the State of South Australia;
(e)
a company in which a controlling interest is held by any one of the following persons, or by two or more of the following persons together:
(i)
the Crown in right of South Australia;
(ii)
a person or body covered by paragraph (b) or (d);
(iii)
a person or body covered by either of the above subparagraphs;
thing includes a substance, and a thing in electronic or magnetic form;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
(2)
If this Act requires or permits the Ministerial Council to do a thing, the Ministerial Council must do the thing in accordance with any requirements specified in the Gene Technology Agreement.
Note—
This section differs from section 10 of the Commonwealth Act.

11Meaning of intentional release of a GMO into the environment

For the purposes of this Act, a dealing with a GMO involves the intentional release of the GMO into the environment if the GMO is intentionally released into the open environment, whether or not it is released with provision for limiting the dissemination or persistence of the GMO or its genetic material in the environment.

12Meaning of corresponding State law

Note—
The Commonwealth Act includes a provision defining corresponding State law for the purposes of that Act.

Division 3Operation of Act13Operation of Act

Note—
The Commonwealth Act includes a provision about the application of that Act.

14Wind-back of reach of Act

Note—
The Commonwealth Act includes a provision about the giving of wind-back notices by a State.

15Relationship to other State laws

The provisions of this Act are in addition to, and not in substitution for, the requirements of any other law of the State of South Australia (whether passed or made before or after the commencement of this section).
Note—
The equivalent section in the Commonwealth Act deals with the relationship of that Act to other Commonwealth laws.

Division 4Provisions to facilitate a nationally consistent schemeSubdivision 1General provisions16State laws may operate concurrently

Note—
The Commonwealth Act includes a provision allowing State laws (apart from State laws prescribed for the purposes of the provision) to operate concurrently with that Act.

17Conferral of functions on Commonwealth officers and bodies

Note—
The Commonwealth Act includes a provision allowing corresponding State laws to confer functions, powers and duties on certain Commonwealth officers and bodies.

18No doubling-up of liabilities

(1)
If—
(a)
an act or omission is an offence against this Act and is also an offence against the Commonwealth Act; and
(b)
the offender has been punished for the offence under the Commonwealth Act,
the offender is not liable to be punished for the offence under this Act.
(2)
If a person has been ordered to pay a pecuniary penalty under the Commonwealth Act, the person is not liable to a pecuniary penalty under this Act in respect of the same conduct.

19Review of certain decisions

Note—
Section 19 of the Commonwealth Act provides that an application may be made to the Administrative Appeals Tribunal for review of a reviewable State decision within the meaning of that section. Part 12 of this Act provides that a person may apply for review of a reviewable decision under this Act to the Tribunal.

20Things done for multiple purposes

The validity of a licence, certificate or other thing issued, given or done for the purposes of this Act is not affected only because it was issued, given or done also for the purposes of the Commonwealth Act.

Subdivision 2Policy principles, policy guidelines and codes of practice21Ministerial Council may issue policy principles

(1)
The Ministerial Council may issue policy principles in relation to the following:
1. (a)
  ethical issues relating to dealings with GMOs;
2. (aa)
  recognising areas, if any, designated under a law of South Australia for the purpose of preserving the identity of one or both of the following:
  1. (i)
    GM crops;
  2. (ii)
    non-GM crops,
for marketing purposes;
1. (b)
  matters relating to dealings with GMOs prescribed by the regulations for the purposes of this paragraph.
Note—
Section 57 provides that the Regulator must not issue a licence if to do so would be inconsistent with a policy principle.
(2)
Before issuing a policy principle, the Ministerial Council must be satisfied that the policy principle was developed in accordance with section 22 of the Commonwealth Act.
(3)
Regulations for the purposes of subsection (1)(b) may relate to matters other than the health and safety of people or the environment, but must not derogate from the health and safety of people or the environment.

Note—
This section differs from section 21 of the Commonwealth Act.

22Consultation on policy principles

Note—
The Commonwealth Act includes a provision about how policy principles are to be developed.

23Ministerial Council may issue policy guidelines

The Ministerial Council may issue policy guidelines in relation to matters relevant to the functions of the Regulator under this Act or the regulations.
Note—
Section 56 requires the Regulator to have regard to policy guidelines when deciding an application for a GMO licence. Section 30 provides that the Regulator is not subject to direction in relation to individual decisions.

24Ministerial Council may issue codes of practice

The Ministerial Council may issue codes of practice, developed in accordance with section 24(2) of the Commonwealth Act, in relation to gene technology.
Note—
Section 24 of the Commonwealth Act includes provisions about how codes of practice are to be developed and making them disallowable instruments.

Part 3The Gene Technology Regulator25Simplified outline

In outline, this Part specifies the functions and powers of the Gene Technology Regulator under this Act or the regulations.
Note—
This section differs from section 25 of the Commonwealth Act.

26The Gene Technology Regulator

Note—
Section 26 of the Commonwealth Act creates the office of Gene Technology Regulator.

27Functions of the Regulator

The Regulator has the following functions:
(a)
to perform functions in relation to GMO licences as set out in Part 5;
(b)
to develop draft policy principles and policy guidelines, as requested by the Ministerial Council;
(c)
to develop codes of practice;
(d)
to issue technical and procedural guidelines in relation to GMOs;
(e)
to provide information and advice to other regulatory agencies about GMOs and GM products;
(f)
to provide information and advice to the public about the regulation of GMOs;
(g)
to provide advice to the Ministerial Council about—
(i)
the operations of the Regulator and the Gene Technology Technical Advisory Committee; and
(ii)
the effectiveness of the legislative framework for the regulation of GMOs, including in relation to possible amendments of relevant legislation;
(h)
to undertake or commission research in relation to risk assessment and the biosafety of GMOs;
(i)
to promote the harmonisation of risk assessments relating to GMOs and GM products by regulatory agencies;
(j)
to monitor international practice in relation to the regulation of GMOs;
(k)
to maintain links with international organisations that deal with the regulation of gene technology and with agencies that regulate GMOs in places outside South Australia;
(l)
such other functions as are conferred on the Regulator by this Act, the regulations or any other law.

28Powers of the Regulator

Subject to this Act, the Regulator has power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator's functions under this Act or the regulations.

29Delegation

(1)
The Regulator may, by instrument in writing, delegate any of the Regulator's powers or functions under this Act or the regulations to any of the following:
(a)
a Public Service employee;
(b)
an officer or employee of a State agency, if the functions of the State agency relate, whether directly or indirectly, to GMOs or GM products;
(c)
an employee of a Commonwealth authority, if the functions of the Commonwealth authority relate, whether directly or indirectly, to GMOs or GM products.
(2)
A delegation may be made to—
(a)
a specified officer or employee; or
(b)
an officer or employee holding a specified office or position.
(3)
In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Regulator.
(4)
A delegation is revocable at will and does not derogate from the power of the Regulator to act in a matter.
Note—
This section differs from section 29 of the Commonwealth Act.

30Independence of the Regulator

Subject to this Act and to other laws of the State of South Australia, the Regulator has discretion in the performance or exercise of his or her functions or powers under this Act or the regulations. In particular, the Regulator is not subject to direction from anyone in relation to—
(a)
whether a GMO licence is issued or refused in relation to a particular application; or
(b)
the conditions to which a particular GMO licence is subject.

Part 4Regulations of dealings with GMOsDivision 1Simplified outline31Simplified outline

In outline, this Part—
(a)
deals with the regulation of dealings with GMOs;
(b)
prohibits dealings with GMOs unless—
(i)
the person undertaking the dealing is authorised to do so by a GMO licence; or
(ia)
the dealing is specified in an emergency dealing determination; or
(ii)
the dealing is a notifiable low risk dealing (see Division 2 of Part 6); or
(iii)
the dealing is an exempt dealing; or
(iv)
the dealing is included in the GMO Register (see Division 3 of Part 6);
(c)
imposes heavier penalties on unlawful dealings that cause, or are likely to cause, significant damage to the health and safety of people or to the environment.

Division 2Dealings with GMOs must be licensed

32Person not to deal with a GMO without a licence

(1)
A person is guilty of an offence if—
(a)
the person deals with a GMO, knowing that it is a GMO; and
(b)
the dealing with the GMO by the person is not authorised by a GMO licence, and the person knows or is reckless as to that fact; and
(c)
the dealing with the GMO is not specified in an emergency dealing determination, and the person knows or is reckless as to that fact; and
(d)
the dealing is not a notifiable low risk dealing, and the person knows or is reckless as to that fact; and
(e)
the dealing is not an exempt dealing, and the person knows or is reckless as to that fact; and
(f)
the dealing is not included on the GMO Register, and the person knows or is reckless as to that fact.
(2)
An offence under subsection (1) is punishable by whichever of the following applies:
(a)
in the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000; or
(b)
in any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000.
Note—
Section 38 defines aggravated offence.
(3)
In this section—
exempt dealing means a dealing specified by the regulations to be an exempt dealing.
(4)
Regulations under subsection (3) may be expressed to exempt—
(a)
all dealings with a GMO or with a specified class of GMOs; or
(b)
a specified class of dealings with a GMO or with a specified class of GMOs; or
(c)
one or more specified dealings with a GMO or with a specified class of GMOs.
Note—
This section differs from section 32 of the Commonwealth Act.

33Person not to deal with a GMO without a licence – strict liability offence

(1)
A person is guilty of an offence if—
1. (a)
  the person deals with a GMO, knowing that it is a GMO; and
2. (b)
  the dealing with the GMO by the person is not authorised by a GMO licence; and
3. (ba)
  the dealing with the GMO is not specified in an emergency dealing determination; and
4. (c)
  the dealing is not a notifiable low risk dealing; and
5. (d)
  the dealing is not an exempt dealing; and
6. (e)
  the dealing is not included on the GMO Register.
(2)
Strict liability applies to subsection (1)(b), (ba), (c), (d) and (e).
(3)
An offence under this section is punishable by a fine of not more than whichever of the following amounts applies:
1. (a)
  in the case of an aggravated offence—$22 000; or
2. (b)
  in any other case—$5 500.
Note—
Section 38 defines aggravated offence.
(4)
In this section—

exempt dealing has the same meaning as in section 32.
Note—
This section differs from section 33 of the Commonwealth Act.

34Person must not breach conditions of a GMO licence

(1)
The holder of a GMO licence is guilty of an offence if—
1. (a)
  the holder intentionally takes an action or omits to take an action; and
2. (b)
  the action or omission contravenes the licence, and the holder knows or is reckless as to that fact.
(2)
A person covered by a GMO licence is guilty of an offence if—
1. (a)
  the person intentionally takes an action or omits to take an action; and
2. (b)
  the person has knowledge of the conditions of the licence; and
3. (c)
  the action or omission contravenes a condition of the licence, and the person knows or is reckless as to that fact.
(3)
An offence under subsection (1) or (2) is punishable by whichever of the following applies:
1. (a)
  in the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000 plus an additional fine not exceeding $22 000 for every day during which the offence continues;
2. (b)
  in any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000 plus an additional fine not exceeding $5 500 for every day during which the offence continues.
Note—
Section 38 defines aggravated offence.

Note—
This section differs from section 34 of the Commonwealth Act.

35Person must not breach conditions of a GMO licence – strict liability offence

(1)
The holder of a GMO licence is guilty of an offence if the holder—
1. (a)
  takes an action or omits to take an action; and
2. (b)
  the action or omission contravenes the licence.
(2)
A person covered by a GMO licence is guilty of an offence if—
1. (a)
  the person takes an action or omits to take an action; and
2. (b)
  the action or omission contravenes the licence; and
3. (c)
  the person has knowledge of the conditions of the licence.
(3)
Strict liability applies to subsections (1)(a)and (b) and (2)(a) and (b).
(4)
An offence under this section is punishable by a fine of not more than whichever of the following amounts applies:
1. (a)
  in the case of an aggravated offence—$22 000; or
2. (b)
  in any other case—$5 500.
Note—
Section 38 defines aggravated offence.

35APerson must not breach conditions of emergency dealing determination

(1)
A person is guilty of an offence if—
1. (a)
  the person intentionally takes an action or omits to take an action; and
2. (b)
  the person has knowledge of the conditions to which an emergency dealing determination is subject; and
3. (c)
  the action or omission contravenes such a condition, and the person knows or is reckless as to that fact.
(2)
An offence under this section is punishable on conviction by whichever of the following applies:
1. (a)
  in the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000;
2. (b)
  in any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000.

Notes—
1Section 38 defines aggravated offence.
2This section differs from section 35A of the Commonwealth Act.

35BPerson must not breach conditions of emergency dealing determination – strict liability offence

(1)
A person is guilty of an offence if—
1. (a)
  the person takes an action or omits to take an action; and
2. (b)
  the person has knowledge of the conditions to which an emergency dealing determination is subject; and
3. (c)
  the action or omission by the person contravenes such a condition.
(2)
Strict liability applies to subsection (1)(a) and (c).
(3)
An offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies:
1. (a)
  in the case of an aggravated offence—$22 000;
2. (b)
  in any other case—$5 500.

Notes—
1Section 38 defines aggravated offence.
2This section differs from section 35B of the Commonwealth Act.

36Person must not breach conditions on GMO Register

(1)
A person is guilty of an offence if the person—
1. (a)
  deals with a GMO, knowing that it is a GMO; and
2. (b)
  the dealing is on the GMO Register; and
3. (c)
  the dealing contravenes a condition relating to the dealing that is specified in the GMO Register.
(2)
Strict liability applies to subsection (1)(b) and (c).
(3)
An offence against subsection (1) is punishable by a fine of not more than $5 500.

37Offence relating to notifiable low risk dealings

(1)
A person is guilty of an offence if—
1. (a)
  the person deals with a GMO, knowing that it is a GMO; and
2. (b)
  the dealing is a notifiable low risk dealing; and
3. (c)
  the dealing by the person was not undertaken in accordance with the regulations.
Note—
Notifiable low risk dealings are specified in the regulations—see Part 6.
(2)
Strict liability applies to subsection (1)(b) and (c).
(3)
An offence against subsection (1) is punishable by a fine of not more than $5 500.

38Aggravated offences – significant damage to health or safety of people or to the environment

(1)
An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the environment.
(2)
In order to prove an aggravated offence, the prosecution must prove that the person who committed the offence—
1. (a)
  intended their conduct to cause significant damage to the health and safety of people or to the environment; or
2. (b)
  was reckless as to whether that conduct would cause significant damage to the health and safety of people or to the environment.

Part 5Licensing systemDivision 1Simplified outline39Simplified outline

In outline, this Part—
(a)
provides a licensing system under which a person can apply to the Regulator for a licence authorising dealings with GMOs;
(b)
sets out the processes to be followed by the Regulator in relation to applications involving two kinds of dealings—
(i)
those that involve the intentional release of a GMO into the environment; and
(ii)
those that do not involve the intentional release of a GMO into the environment;
(c)
provides that a licence can cover dealings by persons other than the licence holder and requires the licence holder to inform such persons of any conditions of the licence that apply to them.

Division 2Licence applications40Person may apply for a licence

(1)
A person may apply to the Regulator for a licence authorising specified dealings with one or more specified GMOs by a person or persons.
(2)
The application must be in writing, and must contain—
(a)
such information as is prescribed by the regulations (if any); and
(b)
such information as is specified in writing by the Regulator.
(3)
The application must specify whether any of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.
(4)
The dealings in respect of which a person may apply for a licence may be—
(a)
all dealings with a GMO, or with a specified class of GMOs; or
(b)
a specified class of dealings with a GMO, or with a specified class of GMOs; or
(c)
one or more specified dealings with a GMO, or with a specified class of GMOs.
(5)
The applicant may apply for a licence authorising such dealings by—
(a)
a specified person or persons; or
(b)
a specified class of person; or
(c)
all persons.
(6)
The application must be accompanied by the application fee (if any) prescribed by the regulations.

40ALicences relating to inadvertent dealings

(1)
If the Regulator is satisfied that a person has come into possession of a GMO inadvertently, the Regulator may, with the agreement of the person, treat the person as having made an inadvertent dealings application.
(2)
To avoid doubt, subsection (1) does not prevent a person from making an application under section 40 in respect of a GMO that has inadvertently come into the person's possession.
Note—
Sections 46A and 49 have the effect that the Regulator may expedite consideration of an application to dispose of a GMO that has come into a person's possession inadvertently. These sections have effect whether the application is made under section 40, or is taken to have been made under this section.

41Application may be withdrawn

(1)
The applicant may withdraw the application at any time before the licence is issued.
(2)
The application fee is not refundable if the applicant withdraws the application.

42Regulator may require applicant to give further information

(1)
The Regulator may, by notice in writing, require an applicant for a licence to give the Regulator such further information in relation to the application as the Regulator requires.
(2)
The notice may specify the period within which the information is to be provided.
(3)
The Regulator may require information to be given under this section at any time before the Regulator decides the application, whether before or after the Regulator has begun to consider the application.

43Regulator must consider applications except in certain circumstances

(1)
The Regulator must consider an application under this Division for a licence in accordance with this Part.
(2)
However, the Regulator is not required to consider the application, or may cease considering the application, if—
1. (a)
  the application does not contain the information specified by the Regulator or prescribed by the regulations; or
2. (b)
  the application does not satisfy section 40(3); or
3. (c)
  the application is not accompanied by the application fee (if any) prescribed by the regulations; or
4. (d)
  the applicant did not provide further information required by the Regulator by notice under section 42 within the period specified in the notice; or
5. (e)
  the Regulator is satisfied that to issue the licence would be inconsistent with a policy principle in force under section 21; or
6. (f)
  the Regulator is satisfied (having regard to the matters specified in section 58) that the applicant is not a suitable person to hold a licence.
(3)
The Regulator must issue the licence, or refuse to issue the licence, within the period (if any) prescribed by the regulations.

44Regulator may consult with applicant

Before considering an application in accordance with the requirements of this Part, the Regulator may consult the applicant, or another regulatory agency, on any aspect of the application.

45Regulator must not use certain information in considering licence application

If—
(a)
a person (the first person) applies for a GMO licence; and
(b)
the first person provides information to the Regulator for the purposes of the Regulator's consideration of the application; and
(c)
the information is confidential commercial information,
the Regulator must not take that information into account for the purposes of considering an application by another person for a GMO licence, unless the first person has given written consent for the information to be so taken into account.

Division 3Initial consideration of licences for dealings not involving intentional release of a GMO into the environment46Applications to which this Division applies

This Division applies to an application for a GMO licence if the Regulator is satisfied that none of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.

46ADivision does not apply to an application relating to inadvertent dealings

Despite section 46, this Division does not apply to an application for a GMO licence if the Regulator is satisfied that—
(a)
the dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:
(i)
conducting experiments with the GMO;
(ii)
propagating the GMO;
(iii)
growing, raising or culturing the GMO;
(iv)
transporting the GMO;
(v)
any other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and
(b)
the applicant for the licence came into possession of the GMO inadvertently.

47What the Regulator must do in relation to application

(1)
Before issuing the licence, the Regulator must prepare a risk assessment and a risk management plan in relation to the dealings proposed to be authorised by the licence.
(2)
In preparing the risk assessment, the Regulator must take into account the risks posed by the dealings proposed to be authorised by the licence, including any risks to the health and safety of people or risks to the environment.
(3)
In preparing the risk management plan, the Regulator must take into account the means of managing any risks posed by the dealings proposed to be authorised by the licence in such a way as to protect—
1. (a)
  the health and safety of people; and
2. (b)
  the environment.
(4)
The Regulator may consult—
1. (a)
  the States; and
2. (b)
  the Gene Technology Technical Advisory Committee; and
3. (c)
  relevant Commonwealth authorities or agencies; and
4. (d)
  any local council that the Regulator considers appropriate; and
5. (e)
  any other person the Regulator considers appropriate,

on any aspect of the application.

Division 4Initial consideration of licences for dealings involving intentional release of a GMO into the environment48Applications to which this Division applies

This Division applies to an application for a GMO licence if the Regulator is satisfied that at least one of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.

49Division does not apply to an application relating to inadvertent dealings

Despite section 48, this Division does not apply to an application for a GMO licence if the Regulator is satisfied that—
(a)
the dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:
(i)
conducting experiments with the GMO;
(ii)
propagating the GMO;
(iii)
growing, raising or culturing the GMO;
(iv)
transporting the GMO;
(v)
any other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and
(b)
the applicant for the licence came into possession of the GMO inadvertently.

50Regulator must prepare risk assessment and risk management plan

(1)
Before issuing the licence, the Regulator must prepare a risk assessment and a risk management plan in relation to the dealings proposed to be authorised by the licence.
(3)
Unless section 50A applies in relation to the application for the licence, the Regulator must seek advice on matters relevant to the preparation of the risk assessment and the risk management plan from—
1. (a)
  the States; and
2. (b)
  the Gene Technology Technical Advisory Committee; and
3. (c)
  each Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph; and
4. (d)
  Environment Australia; and
5. (e)
  any local council that the Regulator considers appropriate.

50ALimited and controlled release applications

(1)
This section applies to an application for a licence if the Regulator is satisfied that—
(a)
the principal purpose of the application is to enable the licence holder, and persons covered by the licence, to conduct experiments; and
(b)
the application proposes, in relation to any GMO in respect of which dealings are proposed to be authorised—
(i)
controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and
(ii)
limits on the proposed release of the GMO; and
(c)
the Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in section 50(3).
(2)
For the purposes of subsection (1)—
controls, in relation to restricting the dissemination or persistence of a GMO and its genetic material in the environment, include the following:
(a)
specified methods for disposal of the GMO or its genetic material;
(b)
data collection requirements, including studies to be conducted about the GMO or its genetic material;

(c)
a restricted geographic area in which the proposed dealings with the GMO or its genetic material may occur;
(d)
compliance, in relation to dealings with the GMO or its genetic material, with—
(i)
a code of practice issued under section 24; or
(ii)
a technical or procedural guideline issued under section 27.
(3)
For the purposes of subsection (1)—
limits, in relation to the release of a GMO that is proposed to be authorised by a licence, includes limits on any of the following:
(a)
the scope of the dealings with the GMO;
(b)
the scale of the dealings with the GMO;
(c)
the locations of the dealings with the GMO;
(d)
the duration of the dealings with the GMO;
(e)
the persons who are to be permitted to conduct the dealings with the GMO.
(4)
In deciding whether the principal purpose of an application is to enable the licence holder, and persons covered by the licence, to conduct experiments, the Regulator—
(a)
must have regard to whether the applicant proposes that any or all of the following be authorised by, and done under, the licence:
(i)
testing hypotheses;
(ii)
gaining scientific or technical knowledge;
(iii)
gaining data for regulatory purposes, or for product development or marketing; and
(b)
may have regard to any other matter that the Regulator considers to be relevant.
Note—
This section differs from section 50A of the Commonwealth Act.

51Matters Regulator must take into account in preparing risk assessment and risk management plan

(1)
In preparing the risk assessment in relation to the dealings proposed to be authorised by the licence, the Regulator must take into account the following:
1. (a)
  the risks posed by those dealings, including any risks to the health and safety of people or risks to the environment, having regard to the matters prescribed by the regulations;
2. (c)
  any advice in relation to the risk assessment provided by a State or a local council in response to a request under section 50(3);
3. (d)
  any advice in relation to the risk assessment provided by the Gene Technology Technical Advisory Committee in response to a request under section 50(3);
4. (e)
  any advice in relation to the risk assessment provided by a Commonwealth authority or agency in response to a request under section 50(3);
5. (f)
  any advice in relation to the risk assessment provided by Environment Australia in response to a request under section 50(3);
6. (g)
  any other matter prescribed by the regulations for the purposes of this paragraph.
(2)
In preparing the risk management plan, the Regulator must take into account the following:
1. (a)
  the means of managing any risks posed by those dealings in such a way as to protect—
  1. (i)
    the health and safety of people; and
  2. (ii)
    the environment;
2. (c)
  any advice in relation to the risk management plan provided by a State or a local council in response to a request under section 50(3);
3. (d)
  any advice in relation to the risk management plan provided by the Gene Technology Technical Advisory Committee in response to a request under section 50(3);
4. (e)
  any advice in relation to the risk management plan provided by a Commonwealth authority or agency in response to a request under section 50(3);
5. (f)
  any advice in relation to the risk management plan provided by Environment Australia in response to a request under section 50(3);
6. (g)
  any other matter prescribed by the regulations for the purposes of this paragraph.
(3)
For the avoidance of doubt, in taking into account the means of managing risks as mentioned in subsection (2)(a), the Regulator—
1. (a)
  is not limited to considering submissions or advice mentioned in subsection (2)(b), (c), (d), (e) and (f); and
2. (b)
  subject to section 45, may take into account other information, including, but not limited to, relevant independent research.

52Public notification of risk assessment and risk management plan

(1)
After taking the steps referred to in sections 50 and 51, the Regulator must publish a notice—
1. (a)
  in the Gazette; and
2. (b)
  in 1 or more newspapers that the Regulator considers appropriate, having regard to the geographic area in which the dealings proposed to be authorised by the licence may occur; and
3. (c)
  on the Regulator's website.
(2)
The notice must—
1. (a)
  state that a risk assessment and a risk management plan have been prepared in respect of dealings proposed to be authorised by the licence; and
2. (b)
  state that a person may request further information about the risk assessment and the risk management plan under section 54; and
3. (ba)
  if the Regulator is satisfied that 1 or more dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—state that the Regulator is so satisfied; and
4. (c)
  invite written submissions in relation to the risk assessment and the risk management plan; and
5. (d)
  specify the closing date for submissions, which must not be earlier than—
  1. (i)
    if the notice states that the Regulator is satisfied that the dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—50 days after the date on which the notice was published; or
  2. (ii)
    in any other case—30 days after the date on which the notice was published.
(3)
The Regulator must also seek advice on the risk assessment and the risk management plan from—
1. (a)
  the States; and
2. (b)
  the Gene Technology Technical Advisory Committee; and
3. (c)
  each Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph; and
4. (d)
  Environment Australia; and
5. (e)
  any local council that the Regulator considers appropriate.

53Regulator may take other actions

(1)
In addition to satisfying the requirements of this Division in relation to an application for a licence to which this Division applies, the Regulator may take any other action the Regulator considers appropriate for the purpose of deciding the application, including holding a public hearing.
(2)
If the Regulator holds a public hearing, the Regulator may, having regard to the requirements of this Act in relation to confidential commercial information, direct that any part of the hearing be held in private, and may determine who can attend.
(3)
The Regulator may give directions prohibiting or restricting the publication of evidence given, or material contained in documents produced, at a public hearing.
(4)
A person must not contravene a direction given under subsection (3).
Maximum penalty: $3 300.

54Person may request copies of certain documents

(1)
A person may request that the Regulator provide the person with a copy of the following documents:
(a)
an application to which this Division applies;
(b)
a risk assessment or a risk management plan prepared under section 50.
(2)
If a person makes a request under subsection (1), the Regulator must provide to the person a copy of the documents, other than—
(a)
any confidential commercial information contained in the documents; and
(b)
any information contained in the documents about relevant convictions (within the meaning of section 58) of the applicant for the licence.
Note—
In order for information to be confidential commercial information, it must be covered by a declaration under section 185.

Division 5Decision on licence etc

55Regulator must make a decision on licence and licence conditions

After taking any steps required by Division 3 or 4 in relation to an application for a GMO licence, the Regulator—
(a)
must decide whether to issue or refuse to issue the licence; and
(b)
if the Regulator decides to issue the licence—may impose conditions to which the licence is subject.

56Regulator must not issue the licence unless satisfied as to risk management

(1)
The Regulator must not issue the licence unless the Regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence are able to be managed in such a way as to protect—
1. (a)
  the health and safety of people; and
2. (b)
  the environment.
(2)
For the purposes of subsection (1), the Regulator must have regard to the following:
1. (a)
  the risk assessment prepared under section 47 or 50 in relation to the dealings;
2. (b)
  the risk management plan prepared under section 47 or 50 in relation to the dealings;
3. (c)
  any submissions received under section 52 in relation to the licence;
4. (d)
  any policy guidelines in force under section 23 that relate to—
  1. (i)
    risks that may be posed by the dealings proposed to be authorised by the licence; or
  2. (ii)
    ways of managing such risks so as to protect the health and safety of people or to protect the environment.

Note—
Paragraphs (a), (b) and (c) of subsection (2) do not apply to an inadvertent dealings application.

57Other circumstances in which Regulator must not issue the licence

(1)
The Regulator must not issue the licence if the Regulator is satisfied that issuing the licence would be inconsistent with a policy principle in force under section 21.
(2)
The Regulator must not issue the licence unless the Regulator is satisfied that the applicant is a suitable person to hold the licence.
(3)
Subsection (2) does not apply to an inadvertent dealings application.

58Matters to be taken into account in deciding whether a person is suitable to hold a licence

(1)
Without limiting the matters to which the Regulator may have regard in deciding whether a natural person is a suitable person to hold a licence, the Regulator must have regard to—
1. (a)
  any relevant conviction of the person; and
2. (b)
  any revocation or suspension of a licence or permit (however described) held by the person under a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment; and
3. (c)
  the capacity of the person to meet the conditions of the licence.
(2)
Without limiting the matters to which the Regulator may have regard in deciding whether a body corporate is a suitable person to hold a licence, the Regulator must have regard to the following:
1. (a)
  any relevant conviction of the body corporate; and
2. (b)
  if there is a relevant conviction of the body corporate—
  1. (i)
    whether the offence concerned was committed at a time when any person who is presently a director of the body corporate was a director; and
  2. (ii)
    whether that offence was committed at a time when any officer or shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such an officer or shareholder; and
3. (c)
  any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment; and
4. (d)
  the capacity of the body corporate to meet the conditions of the licence.
(3)
In this section—

relevant conviction means a conviction for an offence against a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment, if—
(a)
the offence was committed within the period of 10 years immediately before the making of the application for the licence; and
(b)
the offence was punishable by a fine of $5 000 or more, or by a term of imprisonment of one year or more.
Note—
This section differs from section 58 of the Commonwealth Act.

59Notification of licence decision

The Regulator must notify the applicant in writing of the Regulator's decision (including any conditions imposed by the Regulator, if applicable).

60Period of licence

(1)
A licence continues in force—
(a)
if the licence is expressed to be in force for a particular period—until the end of that period; or
(b)
otherwise—until it is cancelled or surrendered.
(2)
A licence is not in force throughout any period of suspension.
(3)
A licence issued as a result of an inadvertent dealings application must not be expressed to be in force for a period of longer than 12 months.

Division 6Conditions of licences61Licence is subject to conditions

A GMO licence is subject to the following conditions:
(a)
the conditions set out in sections 63, 64 and 65;
(b)
any conditions prescribed by the regulations;
(c)
any conditions imposed by the Regulator at the time of issuing the licence;
(d)
any conditions imposed by the Regulator under section 71 after the licence is issued.

62Conditions that may be prescribed or imposed

(1)
Licence conditions may include conditions that impose obligations in relation to GM products that are derived from a GMO in respect of which particular dealings are licensed.
(2)
Licence conditions may relate to, but are not limited to, the following:
(a)
the scope of the dealings authorised by the licence;
(b)
the purposes for which the dealings may be undertaken;
(c)
variations to the scope or purposes of the dealings;
(d)
documentation and record-keeping requirements;
(e)
the required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels;
(f)
waste disposal requirements;
(g)
measures to manage risks posed to the health and safety of people, or to the environment;
(h)
data collection, including studies to be conducted;
(i)
auditing and reporting;
(j)
actions to be taken in case of the release of a GMO from a contained environment;
(k)
the geographic area in which the dealings authorised by the licence may occur;
(l)
requiring compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;
(m)
supervision by, and monitoring by, Institutional Biosafety Committees;
(n)
contingency planning in respect of unintended effects of the dealings authorised by the licence;
(o)
limiting the dissemination or persistence of the GMO or its genetic material in the environment.
(3)
Licence conditions may also include conditions requiring the licence holder to be adequately insured against any loss, damage or injury that may be caused to human health, property or the environment by the licensed dealing.

63Condition about informing people of obligations

(1)
It is a condition of a licence that the licence holder inform any person covered by the licence, to whom a particular condition of the licence applies, of the following:
1. (a)
  the particular condition, including any variations of it;
2. (b)
  the cancellation or suspension of the licence;
3. (c)
  the surrender of the licence.
(2)
Requirements in relation to the manner in which information is provided under subsection (1) may be—
1. (a)
  prescribed by the regulations; or
2. (b)
  specified by the Regulator.
(3)
Such requirements may include, but are not limited to, measures relating to labelling, packaging, conducting training and providing information.
(4)
If such requirements are prescribed or specified, it is a condition of a licence that the licence holder comply with the requirements.

64Condition about monitoring and audits

(1)
It is a condition of a licence that if—
(a)
a person is authorised by the licence to deal with a GMO; and
(b)
a particular condition of the licence applies to the dealing by the person,
the person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.
(2)
Subsection (1) does not limit the conditions that may be imposed by the Regulator or prescribed by the regulations.

65Condition about additional information to be given to the Regulator

(1)
It is a condition of a licence that the licence holder inform the Regulator if the licence holder—
1. (a)
  becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings authorised by the licence; or
2. (b)
  becomes aware of any contraventions of the licence by a person covered by the licence; or
3. (c)
  becomes aware of any unintended effects of the dealings authorised by the licence.
(2)
For the purposes of subsection (1)—
1. (a)
  the licence holder is taken to have become aware of additional information of a kind mentioned in subsection (1) if the licence holder was reckless as to whether such information existed; and
2. (b)
  the licence holder is taken to have become aware of contraventions, or unintended effects, of a kind mentioned in subsection (1) if the licence holder was reckless as to whether such contraventions had occurred, or such unintended effects existed.

66Person may give information to Regulator

A person covered by a licence may inform the Regulator if the person—
(a)
becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings authorised by the licence; or
(b)
becomes aware of any contraventions of the licence by a person covered by the licence; or
(c)
becomes aware of any unintended effects of the dealings authorised by the licence.

67Protection of persons who give information

A person (the first person) does not incur any civil liability in respect of loss, damage or injury of any kind suffered by another person because the first person gave information to the Regulator under section 65, 66 or 72D(2)(h).

Division 7Suspension, cancellation and variation of licences68Suspension and cancellation of licence

The Regulator may, by notice in writing given to the holder of a GMO licence, suspend or cancel the licence if—
(a)
the Regulator believes on reasonable grounds that a condition of the licence has been breached, whether by the licence holder or by a person covered by the licence; or
(b)
the Regulator believes on reasonable grounds that the licence holder, or a person covered by the licence, has committed an offence against this Act or the regulations; or
(c)
any annual charge payable in respect of the licence remains unpaid after the due date; or
(d)
the licence was obtained improperly; or
(e)
the Regulator becomes aware of risks associated with the continuation of the dealings authorised by the licence, and is satisfied that the licence holder has not proposed, or is not in a position to implement, adequate measures to deal with those risks; or
(f)
the Regulator is satisfied that the licence holder is no longer a suitable person to hold the licence.

69Surrender of licence

A licence holder may, with the consent of the Regulator, surrender the licence.

70Transfer of licences

(1)
The licence holder and another person (the transferee) may jointly apply to the Regulator for the licence to be transferred from the licence holder to the transferee.
(2)
The application must be in writing, and must contain—
(a)
such information as is prescribed by the regulations (if any); and
(b)
such information as is specified in writing by the Regulator.
(3)
The Regulator must not transfer the licence unless the Regulator is satisfied that, if the licence is transferred, any risks posed by the dealings authorised by the licence will continue to be able to be managed in such a way as to protect—
(a)
the health and safety of people; and
(b)
the environment.
(4)
The Regulator must not transfer the licence unless the Regulator is satisfied that the transferee is a suitable person to hold the licence.
(5)
The Regulator must give written notice of his or her decision on the application to the licence holder and the transferee.
(6)
If the Regulator decides to transfer the licence—
(a)
the transfer takes effect on the date specified in the notice; and
(b)
the licence continues in force as mentioned in section 60; and
(c)
the licence is subject to the same conditions as those in force immediately before the transfer.

71Variation of licence

(1)
The Regulator may vary a licence, by notice in writing given to the licence holder—
(a)
at any time, on the Regulator's own initiative; or
(b)
on application by the licence holder.
(1A)
An application for a variation must be in writing and must contain—
(a)
such information as is prescribed by the regulations (if any); and
(b)
such information as is specified in writing by the Regulator.
(2)
The Regulator must not vary a licence to authorise dealings involving the intentional release of a GMO into the environment if the application for the licence was originally considered under Division 3.
Note—
Applications can only be considered under Division 3 if none of the dealings proposed to be authorised by the licence would involve the intentional release of a GMO into the environment.

(2A)
The Regulator must not vary a licence if the original application for the licence was an application to which section 50A applied, unless—
(a)
the Regulator is satisfied that the principal purpose of the licence as proposed to be varied is to enable the licence holder, and persons covered by the licence, to conduct experiments; and
(b)
the application for variation proposes, in relation to any GMO in respect of which dealings are proposed to be authorised as a result of the variation—
(i)
controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and
(ii)
limits on the proposed release of the GMO; and
(c)
the Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in section 50(3).
Note—
Section 50A applies to an application that proposes controls and limits on the dissemination, persistence and release of the GMO concerned and is for the purpose of conducting experiments.
(2B)
If an application has been made for variation of a licence, the Regulator must not vary the licence unless the Regulator is satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by—
(a)
the risk assessment and the risk management plan in respect of the original application for the licence; or
(b)
the risk assessment and the risk management plan in respect of an application for another licence, but only if that other licence was issued.
(3)
Without limiting subsection (1), the Regulator may—
(a)
impose licence conditions or additional licence conditions; or
(b)
remove or vary licence conditions that were imposed by the Regulator; or
(c)
extend or reduce the authority granted by the licence.
(4)
The Regulator must not vary a licence unless the Regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence as varied are able to be managed in such a way as to protect—
(a)
the health and safety of people; and
(b)
the environment.
(5)
The Regulator must not vary a licence unless any local council that the Regulator considers appropriate has been consulted on the proposed variation.
(6)
The Regulator must not vary a licence in the circumstances (if any) prescribed by the regulations.
(7)
If an application has been made for variation of a licence, the Regulator must vary the licence, or refuse to vary the licence, within the period (if any) prescribed by the regulations.
(8)
For the purposes of subsection (2A)—
controls has the same meaning as in section 50A(2);
limits has the same meaning as in section 50A(3).

72Regulator to notify of proposed suspension, cancellation or variation

(1)
Before suspending, cancelling or varying a licence under this Division, the Regulator must give written notice of the proposed suspension, cancellation or variation to the licence holder.
(2)
The notice—
1. (a)
  must state that the Regulator proposes to suspend, cancel or vary the licence; and
2. (b)
  may require the licence holder to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and
3. (c)
  may invite the licence holder to make a written submission to the Regulator about the proposed suspension, cancellation or variation.
(3)
The notice must specify a period within which the licence holder—
1. (a)
  must give the information referred to in subsection (2)(b); and
2. (b)
  may make a submission under subsection (2)(c).

The period must not end earlier than 30 days after the day on which the notice was given.

(4)
In considering whether to suspend, cancel or vary a licence, the Regulator must have regard to any submission made under subsection (2)(c).
(5)
This section does not apply to a suspension, cancellation or variation requested by the licence holder.
(6)
This section does not apply to a suspension, cancellation or variation of a licence if the Regulator considers that the suspension, cancellation or variation is necessary in order to avoid an imminent risk of death, serious illness, serious injury or serious damage to the environment.
(7)
This section does not apply to a variation of a licence if the Regulator is satisfied that the variation is of minor significance or complexity.

Division 8Annual charge72AAGMO licence – annual charge

(1)
A person who is the holder of a GMO licence at any time during a financial year is liable to pay a charge for the licence in respect of that year.
(2)
The amount of the charge for a financial year is such amount as is prescribed by the regulations.
(3)
The amount of the charge prescribed for a financial year may be in the nature of a tax and not be related to the cost of providing any service.
Note—
This section does not appear in the Commonwealth Act. Provision is included, however, in the Gene Technology (Licence Charges) Act 2000 of the Commonwealth for the imposition of an annual charge for a GMO licence.

Part 5AEmergency dealing determinationsDivision 1Simplified outline72ASimplified outline

In outline, this Part provides a system under which the Minister can make determinations relating to dealings with GMOs in emergencies.
Note—
This section differs from section 72A of the Commonwealth Act.

Division 2Making of emergency dealing determination

72BMinister may make emergency dealing determination

(1)
The Minister may, by order published in the Gazette (an emergency dealing determination), specify dealings with a GMO for the purposes of this Part.
(2)
The Minister may make an emergency dealing determination only if the Minister administering section 72B of the Commonwealth Act has made, or is proposing to make, a corresponding Commonwealth emergency dealing determination.
Note—
Section 72B of the Commonwealth Act includes a subsection (3) dealing with threats of a kind mentioned in subsection (2) of that section.
(3)
The dealings in respect of which the Minister may make an emergency dealing determination may be—
1. (a)
  all dealings with a GMO or with a specified class of GMOs; or
2. (b)
  a specified class of dealings with a GMO or with a specified class of GMOs; or
3. (c)
  1 or more specified dealings with a GMO or with a specified class of GMOs.

Note—
This section differs from section 72B of the Commonwealth Act.

72CPeriod of effect of emergency dealing determination

(1)
An emergency dealing determination takes effect—
1. (a)
  on the day on which the emergency dealing determination is made; or
2. (b)
  on a later day that is specified in the emergency dealing determination.
(2)
An emergency dealing determination ceases to have effect—
1. (a)
  subject to subsection (3), at the end of the period of 6 months starting when the emergency dealing determination takes effect; or
2. (b)
  at the end of the period specified by the Minister in the emergency dealing determination; or
3. (c)
  when the emergency dealing determination is revoked,

whichever occurs first.

(3)
The Minister may, by order published in the Gazette, extend the period of effect of an emergency dealing determination.
(4)
The Minister may extend the period of effect of an emergency dealing determination under subsection (3) more than once, but each single such extension must not exceed 6 months.
(5)
The Minister may extend the period of effect of an emergency dealing determination only if the Minister administering section 72C of the Commonwealth Act has under that section extended, or is proposing to extend under that section, the period of effect of the corresponding Commonwealth emergency dealing determination.
(6)
An order extending the period of effect of an emergency dealing determination takes effect at the time when the determination would have ceased to have effect but for the extension.

Note—
This section differs from section 72C of the Commonwealth Act.

Division 3Effect and conditions of emergency dealing determination

72DEmergency dealing determination authorises dealings, subject to conditions

(1)
If an emergency dealing determination is in force in respect of dealings with a GMO, those dealings are authorised, subject to the conditions (if any) specified in the emergency dealing determination.
(2)
Conditions may relate to, but are not limited to, the following:
1. (a)
  the quantity of GMO in relation to which dealings are covered;
2. (b)
  the scope of the dealings covered;
3. (c)
  the purposes for which the dealings may be undertaken;
4. (d)
  variations to the scope or purposes of the dealings;
5. (e)
  the source of the GMO;
6. (f)
  the persons who may deal with the GMO;
7. (g)
  the information that is required to be given by a person and the person to whom that information is to be given;
8. (h)
  obligations about informing the Regulator if—
  1. (i)
    a person becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings specified in the emergency dealing determination; or
  2. (ii)
    a person becomes aware of any contraventions of the conditions to which the emergency dealing determination is subject by any person; or
  3. (iii)
    a person becomes aware of any unintended effects of the dealings specified in the emergency dealing determination;
9. (i)
  the storage and security of the GMO;
10. (j)
  the required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels;
11. (k)
  waste disposal requirements;
12. (l)
  the manner in which any quantity of the GMO is to be dealt with if a condition of the emergency dealing determination is breached;
13. (m)
  measures to manage risks posed to the health and safety of people, or to the environment;
14. (n)
  data collection, including studies to be conducted;
15. (o)
  auditing and reporting;
16. (p)
  the keeping and disclosure of, and access to, records about the GMO;
17. (q)
  actions to be taken in case of the release of the GMO from a contained environment;
18. (r)
  the geographic area in which the dealings specified in the emergency dealing determination may occur;
19. (s)
  requirements for compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;
20. (t)
  supervision by, and monitoring by, Institutional Biosafety Committees;
21. (u)
  contingency planning in respect of unintended effects of the dealings specified in the emergency dealing determination;
22. (v)
  limiting the dissemination or persistence of the GMO or its genetic material in the environment;
23. (w)
  any other matters that the Minister thinks appropriate.
(3)
A condition under subsection (2)(f) may permit dealings with a GMO by, or may impose obligations on—
1. (a)
  a specified person or persons; or
2. (b)
  a specified class of person.
(4)
It is a condition of an emergency dealing determination that if—
1. (a)
  a dealing with a GMO is specified in the emergency dealing determination; and
2. (b)
  a particular condition of the emergency dealing determination applies to the dealing by a person,

the person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.

(5)
Subsection (4) does not limit the conditions that may be specified in an emergency dealing determination.

Division 4Variation, suspension and revocation of emergency dealing determination

72EVariation, suspension and revocation of emergency dealing determination

(1)
The Minister may, by order published in the Gazette, vary the conditions to which an emergency dealing determination is subject, including by imposing new conditions, if the Minister administering section 72E of the Commonwealth Act has made, or is proposing to make, the same variation to the corresponding Commonwealth emergency dealing determination.
(2)
The Minister may, by order published in the Gazette, suspend or revoke an emergency dealing determination if the Minister administering section 72E of the Commonwealth Act has suspended or revoked, or is proposing to suspend or revoke, (as the case requires) the corresponding Commonwealth emergency dealing determination.
Note—
Section 72E of the Commonwealth Act includes a subsection (3) dealing with consultation with the States in relation to the variation, suspension or revocation of an emergency dealing determination.
(3)
A variation, suspension or revocation of an emergency dealing determination takes effect—
1. (a)
  if the Minister states in the variation, suspension or revocation that the variation, suspension or revocation is necessary to prevent imminent risk of death, serious illness, serious injury or serious environmental damage—on the day on which the variation, suspension or revocation is made; or
2. (b)
  in any other case—on the day specified by the Minister in the variation, suspension or revocation.
(4)
The day specified as mentioned in subsection (3)(b) must not be earlier than 30 days after the day on which the variation, suspension or revocation is made.

Note—
This section differs from section 72E of the Commonwealth Act.

Part 6Regulation of notifiable low risk dealings and dealings on the GMO RegisterDivision 1Simplified outline73Simplified outline

In outline, this Part—
(a)
establishes a mechanism for the regulations to regulate certain dealings with GMOs (notifiable low risk dealings) that do not involve the intentional release of GMOs into the environment (see Division 2);
(b)
provides that the regulations may (among other things) require that the Regulator be notified of such dealings;
(c)
enables the Regulator to determine that certain dealings previously authorised by a licence be included on the GMO Register;
(d)
ensures that, if a dealing is included on the GMO Register, anyone may undertake the dealing, subject to specified conditions.
Note—
This section differs from section 73 of the Commonwealth Act.

Division 2Notifiable low risk dealings74Notifiable low risk dealings

(1)
The regulations may declare a dealing with a GMO to be a notifiable low risk dealing for the purposes of this Act.
(2)
Before the Governor makes regulations declaring a dealing with a GMO to be a notifiable low risk dealing, the Regulator must be satisfied that the dealing would not involve the intentional release of a GMO into the environment.
(3)
Before the Governor makes regulations declaring a dealing with a GMO to be a notifiable low risk dealing, the Regulator must consider—
(a)
whether the dealing with the GMO would involve any risk to the health and safety of people, or to the environment, taking into account—
(i)
the properties of the GMO as a pathogen or pest; and
(ii)
the toxicity of any proteins produced by the GMO; and
(b)
if there is such a risk—whether 1 or more of the requirements prescribed in the regulations for the purposes of subsection (2) would be sufficient to manage that risk; and
(c)
any other matter the Regulator considers appropriate.
(4)
Regulations under subsection (1) may be expressed to apply to—
(a)
all dealings with a GMO or with a specified class of GMOs; or
(b)
a specified class of dealings with a GMO or with a specified class of GMOs; or
(c)
one or more specified dealings with a GMO or with a specified class of GMOs.

75Regulation of notifiable low risk dealings

(1)
The regulations may regulate—
(a)
a specified notifiable low risk dealing; or
(b)
a specified class of notifiable low risk dealings,
for the purpose of protecting the health and safety of people or the environment.
(2)
The regulations may prescribe different requirements to be complied with in different situations or by different persons, including requirements in relation to the following:
(a)
the class of person who may undertake notifiable low risk dealings;
(b)
notifying the Regulator of notifiable low risk dealings;
(c)
supervision by Institutional Biosafety Committees of notifiable low risk dealings;
(d)
the containment level of facilities in which notifiable low risk dealings may be undertaken.

Division 3The GMO Register76GMO Register

Note—
Section 76 of the Commonwealth Act provides for the establishment and maintenance of the GMO Register.

77Contents of Register

If the Regulator determines under section 78 that a dealing with a GMO is to be included on the GMO Register, the Regulator must specify in the GMO Register—
(a)
a description of the dealing with the GMO; and
(b)
any condition to which the dealing is subject.

78Regulator may include dealings with GMOs on GMO Register

(1)
The Regulator may, by writing, determine that a dealing with a GMO is to be included on the GMO Register if the Regulator is satisfied that—
1. (a)
  the dealing is, or has been, authorised by a GMO licence; or
2. (b)
  the GMO concerned—
  1. (i)
    is a GM product; and
  2. (ii)
    is a genetically modified organism only because of regulations made under paragraph (c) of the definition of genetically modified organism.
(2)
A determination under subsection (1) may be made—
1. (a)
  on application by the holder of a licence that authorises the dealing; or
2. (b)
  on the initiative of the Regulator.
(3)
A determination under subsection (1) comes into effect on the day specified in the determination.

Note—
Section 78(4) of the Commonwealth Act provides for determinations to be disallowable instruments.

79Regulator not to make determination unless risks can be managed

(1)
The Regulator must not make a determination under section 78(1) in respect of a dealing with a GMO unless the Regulator is satisfied—
1. (a)
  that any risks posed by the dealing are minimal; and
2. (b)
  that it is not necessary for persons undertaking the dealing to hold, or be covered by, a GMO licence, in order to protect the health and safety of people or to protect the environment.
(2)
For the purposes of subsection (1), the Regulator must have regard to the following:
1. (a)
  any data available to the Regulator about adverse effects posed by the dealing;
2. (b)
  any other information as to risks associated with the dealing of which the Regulator is aware, including information provided to the Regulator by a licence holder under section 65 or by another person under section 66;
3. (c)
  whether there is a need for the dealing to be subject to conditions;
4. (d)
  any other information in relation to whether the dealing should be authorised by a GMO licence.
(3)
The Regulator may have regard to such other matters as the Regulator considers relevant.

80Variation of GMO Register

(1)
The Regulator may vary the GMO Register by written determination.
(2)
A variation may—
(a)
remove a dealing from the GMO Register; or
(b)
revoke or vary conditions to which a dealing on the GMO Register is subject; or
(c)
impose additional conditions to which a dealing on the GMO Register is subject.

81Inspection of Register

Note—
Section 81 of the Commonwealth Act requires the Regulator to permit any person to inspect the GMO Register.

Part 7Certification and accreditationDivision 1Simplified outline82Simplified outline

In outline, this Part—
(a)
establishes a system under which the Regulator may certify facilities to specified containment levels in accordance with guidelines issued by the Regulator. Licence conditions, or conditions to which an emergency dealing determination is subject, can require that facilities be certified to specified containment levels (see Division 2);
(b)
enables the Regulator to accredit organisations in accordance with accreditation guidelines issued by the Regulator. Licence conditions, or conditions to which an emergency dealing determination is subject, can specify that dealings must be supervised by an Institutional Biosafety Committee established by an accredited organisation (see Division 3).

Division 2Certification83Application for certification

(1)
A person may apply to the Regulator for certification of a facility to a particular containment level under this Division.
(2)
The application must be in writing and must contain such information as the Regulator requires.
Note—
The conditions of a licence, or conditions to which an emergency dealing determination is subject, may require that a facility be certified under this Division.
(3)
The application must be accompanied by the application fee (if any) prescribed by the regulations.

84When the Regulator may certify the facility

The Regulator may, by written instrument, certify the facility to a specified containment level if the facility meets the containment requirements specified in guidelines issued by the Regulator under section 90.

6	To specify a condition of a certification	section 86	the holder of the certification
7	To vary a certification	section 87	the holder of the certification
7A	To refuse to transfer a certification	section 89A	an applicant for the transfer
8	To suspend or cancel a certification	section 88	the holder of the certification
9	To refuse to accredit an organisation	section 92	the applicant for accreditation
10	To specify a condition of an accreditation	section 94	the holder of the accreditation
11	To vary an accreditation	section 95	the holder of the accreditation
12	To suspend or cancel an accreditation	section 96	the holder of the accreditation
13	To refuse to declare information to be confidential commercial information	section 185	the person who made an application under section 184 in relation to the information
14	To revoke a declaration that information is confidential commercial information	section 186	the person who made an application under section 184 in relation to the information

180Notification of decisions and review rights

(1)
The Regulator must, as soon as practicable after making a reviewable decision, cause a notice in writing to be given to each eligible person in relation to the decision, containing—
(a)
the terms of the decision; and
(b)
the reasons for the decision; and
(c)
a statement setting out particulars of the person's review rights.
(2)
A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.

181Internal review

(1)
An eligible person in relation to a reviewable decision (other than a decision made by the Regulator personally) may apply in writing to the Regulator for review (internal review) of the decision.
(2)
An application for internal review must be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such period (if any) as the Regulator, either before or after the end of that period, allows.
(3)
The Regulator must, on receiving an application, review the reviewable decision personally.
(4)
The Regulator may—
(a)
make a decision affirming, varying or revoking the reviewable decision; and
(b)
if the Regulator revokes the decision, make such other decision as the Regulator thinks appropriate.

182Deadlines for making reviewable decisions

If—
(a)
this Act provides for a person to make an application of any kind to the Regulator; and
(b)
a period is specified under this Act or the regulations for giving notice of the decision to the applicant; and
(c)
the Regulator has not notified the applicant of the Regulator's decision within that period,
the Regulator is taken, for the purposes of this Act, to have made a reviewable decision to reject the application, and the person may seek internal review of the reviewable decision under section 181.

183Review of decisions by South Australian Civil and Administrative Tribunal

(1)
An eligible person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of—
1. (a)
  a reviewable decision made by the Regulator personally; or
2. (b)
  a decision made by the Regulator under section 181 (which provides for internal review).
(2)
An application for review must be made within 28 days after the making of the decision the subject of the review.
(3)
For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of persons who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal on a review under this section.
(4)
In any proceedings on a review under this section, the Tribunal may, if the President so determines, sit with 1 or more assessors from a panel.

183AExtended standing for judicial review

Note—
Section 183A of the Commonwealth Act requires that a State be taken to be a person aggrieved for the purpose of the application of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth in relation to certain decisions, failures or conduct under the Commonwealth Act or regulations.

183BInteraction with Commonwealth law

Nothing in this Division, or in any other provision of this Act, is intended to limit any right that a person may have under a law of the Commonwealth, or under the Constitution of the Commonwealth, to bring an action against the Regulator.

Division 3Confidential commercial information

184Application for protection of confidential commercial information

(1)
A person may apply to the Regulator for a declaration that specified information to which this Act relates is confidential commercial information for the purposes of this Act.
(2)
An application under subsection (1) must be in writing in the form approved by the Regulator.

185Regulator may declare that information is confidential commercial information

(1)
Subject to subsection (2), if the person satisfies the Regulator that the information specified in the application is—
1. (a)
  a trade secret; or
2. (b)
  any other information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or
3. (c)
  other information that—
  1. (i)
    concerns the lawful commercial or financial affairs of a person, organisation or undertaking; and
  2. (ii)
    if it were disclosed, could unreasonably affect the person, organisation or undertaking,

the Regulator must declare that the information is confidential commercial information for the purposes of this Act.

(2)
The Regulator may refuse to declare that the information is confidential commercial information if the Regulator is satisfied that the public interest in disclosure outweighs the prejudice that the disclosure would cause to any person.
(2A)
The Regulator must refuse to declare that information is confidential commercial information if the information relates to one or more locations at which field trials involving GMOs are occurring, or are proposed to occur, unless the Regulator is satisfied that significant damage to the health and safety of people, the environment or property would be likely to occur if the locations were disclosed.
Note—
This means that, in general, information about sites where dealings with GMOs are occurring will be required to be disclosed under sections 54 and 138, unless the Regulator is satisfied that disclosure would involve significant risks to health and safety.
(3)
The Regulator must give the applicant written notice of the Regulator's decision about the application.
(3A)
If—
1. (a)
  the Regulator declares that particular information is confidential commercial information; and
2. (b)
  the information relates to one or more locations at which field trials involving GMOs are occurring, or are proposed to occur,

the Regulator must make publicly available a statement of reasons for the making of the declaration, including, but not limited to—
(c)
the reasons why the Regulator was satisfied as mentioned in subsection (1); and
(d)
the reasons why the Regulator was not satisfied under subsection (2) that the public interest in disclosure of the information outweighed the prejudice that the disclosure would cause; and
(e)
the reasons why the Regulator was satisfied under subsection (2A) that significant damage to the health and safety of people, the environment or property would be likely to occur if the locations were disclosed.

(3B)
If—
1. (a)
  a person has made an application under section 184 for a declaration that specified information is confidential commercial information; and
2. (b)
  the Regulator has not yet made a decision on the application,

the information is to be treated as confidential commercial information until the Regulator makes a decision on the application.

(4)
If the Regulator refuses an application under section 184(1) in relation to information, the information is to be treated as confidential commercial information until any review rights under section 181 or 183 in relation to the application are exhausted.

186Revocation of declaration

(1)
The Regulator may, by written notice given to the applicant, revoke a declaration under section 185 if the Regulator is satisfied—
(a)
that the information concerned no longer satisfies section 185(1)(a), (b) or (c); or
(b)
that the public interest in disclosure of the information outweighs the prejudice that disclosure would cause to any person.
(2)
A revocation by the Regulator under subsection (1) does not take effect until any review rights under section 181 or 183 in relation to the revocation are exhausted.

187Confidential commercial information must not be disclosed

(1)
A person who—
1. (a)
  has confidential commercial information; and
2. (b)
  has it only because of performing duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act; and
3. (c)
  knows that the information is confidential commercial information,

must not disclose the information except—
(d)
to any of the following in the course of carrying out duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act:
(i)
a State agency;
(ii)
the Commonwealth or a Commonwealth authority;
(iii)
the Gene Technology Technical Advisory Committee; or
(e)
by order of a court; or
(f)
with the consent of the person who applied to have the information treated as confidential commercial information.
Maximum penalty: Imprisonment for 2 years or $13 200.

(2)
A person who—
1. (a)
  has confidential commercial information; and
2. (b)
  has it because of a disclosure under subsection (1) or under this subsection; and
3. (c)
  knows that the information is confidential commercial information,

must not disclose the information except—
(d)
to any of the following in the course of carrying out duties or functions under this Act or the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act:
(i)
a State agency;
(ii)
the Commonwealth or a Commonwealth authority;
(iii)
the Gene Technology Technical Advisory Committee; or
(e)
by order of a court; or
(f)
with the consent of the person who applied to have the information treated as confidential commercial information.
Maximum penalty: Imprisonment for 2 years or $13 200.

(3)
For the purposes of the Freedom of Information Act 1991, a document containing information to which subsection (1) or (2) applies is an exempt document under that Act.
(4)
In this section—

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions;
disclose, in relation to information, means give or communicate in any way.

(5)
This section has effect despite anything to the contrary in the Freedom of Information Act 1991.

Note—
This section differs from section 187 of the Commonwealth Act.

Division 4Conduct by directors, employees and agents188Conduct by directors, employees and agents

(1)
If, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—
(a)
that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b)
that the director, employee or agent had the state of mind.
(2)
Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the body corporate, unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
(3)
Any conduct engaged in on behalf of a person (the first person), other than a body corporate, by an employee or agent of the first person, within the scope of the actual or apparent authority of the employee or agent is taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the first person unless the first person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
(4)
If—
(a)
a person other than a body corporate is convicted of an offence; and
(b)
the person would not have been convicted of the offence if subsection (3) had not been enacted,
the person is not liable to be punished by imprisonment for that offence.

189Meaning of terms

(1)
A reference in section 188(1) to the state of mind of a person includes a reference to—
(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person's reasons for the intention, opinion, belief or purpose.
(2)
A reference in section 188 to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the State of South Australia, the Commonwealth or another State.
(3)
A reference in section 188 to engaging in conduct includes a reference to failing or refusing to engage in conduct.

Division 5Transitional provisions

190Transitional provision – dealings covered by Genetic Manipulation Advisory Committee advice to proceed

(1)
The prohibitions in this Act apply to a dealing with a GMO by a person at a particular time during the transition period (the dealing time) with the modifications set out in subsection (2) if—
(a)
immediately before the commencement of Part 4 of this Act, an advice to proceed was in force in relation to the dealing with the GMO by the person; and
(b)
the advice to proceed is in force at the dealing time; and
(c)
the dealing is in accordance with the advice to proceed.
(2)
Unless the dealing is a notifiable low risk dealing, an exempt dealing or a dealing on the GMO Register—
(a)
the advice to proceed is taken for the purposes of this Act to be a GMO licence; and
(b)
the holder of the advice to proceed is taken to be the licence holder; and
(c)
the licence is taken to be subject to any conditions to which the advice to proceed is subject; and
(d)
the licence is taken to remain in force for the period ending at the earliest of the following times:
(i)
the time when the advice to proceed expires;
(ii)
the end of the transition period;
(iii)
when the licence is cancelled under section 68 or surrendered under section 69.
(3)
In this section—
advice to proceed means an advice to proceed issued by the Genetic Manipulation Advisory Committee, in accordance with Guidelines issued by that Committee;
transition period means the period, not exceeding two years, prescribed by the regulations for the purposes of this section.
Note—
Section 190(3) of the Commonwealth Act defines the transition period as being two years from the commencement of Part 4 of that Act.

191Regulations may relate to transitional matters

Regulations may be made in relation to transitional matters arising from the enactment of this Act.

Division 6Other192False or misleading information or document

A person must not—
(a)
in connection with an application made to the Regulator under this Act or the regulations; or
(b)
in compliance or purported compliance with this Act or the regulations,
do either of the following:
(c)
give information (whether orally or in writing) that the person knows to be false or misleading in a material particular;
(d)
produce a document that the person knows to be false or misleading in a material particular without—
(i)
indicating to the person to whom the document is produced that it is false or misleading, and the respect in which it is false or misleading; and
(ii)
providing correct information to that person, if the person producing the document is in possession of, or can reasonable acquire, the correct information.
Maximum penalty: Imprisonment for 1 year or $6 600.

192AInterference with dealings with GMOs

(1)
A person is guilty of an offence if—
(a)
the person engages in conduct; and
(b)
the conduct—
(i)
results in damage to, destruction of, or interference with, premises at which dealings with GMOs are being undertaken; or
(ii)
involves damaging, destroying, or interfering with, a thing at, or removing a thing from, such premises; and
(c)
the owner or occupier of the premises, or the owner of the thing (as the case requires), has not consented to the conduct; and
(d)
in engaging in the conduct, the person intends to prevent or hinder authorised GMO dealings that are being undertaken at the premises or facility; and
(e)
the person knows, or is reckless as to, the matters mentioned in paragraphs (b) and (c).
Maximum penalty: Imprisonment for 2 years or $13 200.
(2)
In this section—
authorised GMO dealings, in relation to premises or a facility, means dealings with GMOs being undertaken at the premises or facility—
(a)
that are authorised to be undertaken at the premises or facility by a GMO licence; or
(ab)
that are specified in an emergency dealing determination and are not prohibited from being undertaken at the premises or facility by a condition of the determination; or
(b)
that are notifiable low risk dealings; or
(c)
that are exempt dealings; or
(d)
that are dealings included on the GMO Register.
Note—
This section differs from section 192A of the Commonwealth Act.

192EAttempts to commit offences against Act

A person who attempts to commit an offence against this Act is guilty of the offence of attempting to commit that offence and is liable to the same penalty as is provided by this Act for committing the offence attempted.
Note—
This section is not required in the Commonwealth Act.

193Regulations

(1)
The Governor may make regulations prescribing matters—
(a)
required or permitted by this Act to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)
Without limiting subsection (1), the regulations may require a person to comply with codes of practice or guidelines issued under this Act (as in force at a particular time or from time to time).
(3)
Without limiting subsection (1), the regulations may apply, wholly or partially and with or without modification—
(a)
regulations in force under an Act of the Commonwealth (as in force at a particular time or from time to time); or
(b)
a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force at a particular time or from time to time),
as regulations applying under this Act (and, in so applying such regulations, code, standard, rule or other document, may provide for their citation for the purposes of the law of this State).
(4)
Without limiting subsection (1), the regulations may adopt or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force at a particular time or from time to time).
(5)
Any regulations applying, adopting or incorporating a regulation, code, standard, rule or other document may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary.
(6)
The regulations, or a regulation, code, standard, rule or other document applied, adopted or incorporated by the regulations, may—
(a)
refer to or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a particular body (as in force at a particular time or from time to time); and
(b)
be of general or limited application; and
(c)
make different provision according to the persons, things or circumstances to which they are expressed to apply; and
(d)
provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other prescribed authority.
(7)
If—
(a)
a regulation, code, standard, rule or other document is applied, adopted or incorporated by the regulation; or
(b)
the regulations, or a regulation, standard, rule or other document applied, adopted or incorporated by the regulations, refers to a code, standard, rule or other document prepared or published by a particular body,

then—
(c)
a copy of the regulation, code, standard, rule or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or officers specified by notice in the Gazette; and
(d)
in any legal proceedings, evidence of the contents of the regulation, code, standard, rule or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the regulation, code, standard, rule or other document.

194Review of operation of Act

(1)
The Minister must cause an independent review of the operation of this Act to be undertaken as soon as possible after the fourth anniversary of the commencement of this Act.
(2)
A person who undertakes such a review must give the Minister a written report of the review.
(3)
The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 12 months after the fourth anniversary of the commencement of this Act.
(4)
In this section—
independent review means a review undertaken by persons who—
(a)
in the opinion of the Minister possess appropriate qualifications to undertake the review; and
(b)
include one or more persons who are not employed by the State of South Australia, a State agency, the Commonwealth or a Commonwealth authority.
Note—
This section differs from section 194 of the Commonwealth Act.

Legislative history

Notes

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or amended by principal Act
The Gene Technology Act 2001 amended the following:
Agricultural and Veterinary Chemicals (South Australia) Act 1994
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
2001
62
Gene Technology Act 2001
6.12.2001
1.2.2002 (Gazette 15.1.2002 p184)
2008
46
Gene Technology (Miscellaneous) Amendment Act 2008
20.11.2008
29.7.2010 (Gazette 22.7.2010 p3588)
2009
84
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 68 (ss 163 & 164)—1.2.2010 (Gazette 28.1.2010 p320)
2017
4
Gene Technology (Miscellaneous) Amendment Act 2017
28.2.2017
28.2.2017
2019
14
Statutes Amendment (SACAT) Act 2019
11.7.2019
Pt 12 (ss 89 to 92)—4.5.2020 (Gazette 27.2.2020 p442)
2023
11
Gene Technology (Adoption of Commonwealth Amendments) Amendment Act 2023
30.3.2023
30.3.2023
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
s 5A
inserted by 11/2023 s 2
30.3.2023
s 8B
amended by 46/2008 s 4
29.7.2010
Pt 2
s 10
s 10(1)
Consultative Committee
deleted by 46/2008 s 5(1)
29.7.2010
corresponding Commonwealth emergency dealing determination
inserted by 46/2008 s 5(2)
29.7.2010
deal with
amended by 46/2008 s 5(3), (4)
29.7.2010
District Court
deleted by 14/2019 s 89(1)
4.5.2020
emergency dealing determination
inserted by 46/2008 s 5(5)
29.7.2010
Ethics and Community Committee
inserted by 46/2008 s 5(6)
29.7.2010
Ethics Committee
deleted by 46/2008 s 5(6)
29.7.2010
inadvertent dealings application
inserted by 46/2008 s 5(7)
29.7.2010
Institutional Biosafety Committee
amended by 46/2008 s 5(8)
29.7.2010
Record
amended by 4/2017 s 3
28.2.2017
State agency
amended by 84/2009 s 163
1.2.2010
Tribunal
inserted by 14/2019 s 89(2)
4.5.2020
note
inserted by 46/2008 s 5(9)
29.7.2010
s 19
note
amended by 14/2019 s 90
4.5.2020
Pt 3
s 29
s 29(1)
amended by 84/2009 s 164
1.2.2010
s 30
amended by 4/2017 s 4
28.2.2017
Pt 4
s 31
amended by 46/2008 s 6
29.7.2010
s 32
s 32(1)
substituted by 46/2008 s 7
29.7.2010
s 33
s 33(1)
amended by 46/2008 s 8(1)
29.7.2010
s 33(2)
amended by 46/2008 s 8(2)
29.7.2010
s 34
s 34(1)
substituted by 46/2008 s 9(1)
29.7.2010
s 34(2)
amended by 46/2008 s 9(2)
29.7.2010
ss 35A and 35B
inserted by 46/2008 s 10
29.7.2010
Pt 5
s 40A
inserted by 46/2008 s 11
29.7.2010
s 42
s 42(3)
inserted by 46/2008 s 12
29.7.2010
s 43
s 43(2)
amended by 46/2008 s 13(1), (2)
29.7.2010
s 46A
inserted by 46/2008 s 14
29.7.2010
amended by 4/2017 s 5
28.2.2017
s 49
substituted by 46/2008 s 15
29.7.2010
amended by 4/2017 s 6
28.2.2017
s 50
s 50(2)
deleted by 46/2008 s 16(1)
29.7.2010
s 50(3)
amended by 46/2008 s 16(2)
29.7.2010
s 50A
inserted by 46/2008 s 17
29.7.2010
s 51
s 51(1)
amended by 46/2008 s 18(1)
29.7.2010
(b) deleted by 46/2008 s 18(2)
29.7.2010
s 51(2)
(b) deleted by 46/2008 s 18(3)
29.7.2010
s 52
s 52(1)
amended by 46/2008 s 19(1)
29.7.2010
amended by 4/2017 s 7(1), (2)
28.2.2017
s 52(2)
amended by 46/2008 s 19(2), (3)
29.7.2010
s 56
s 56(2)
amended by 46/2008 s 20(1)
29.7.2010
note
inserted by 46/2008 s 20(2)
29.7.2010
s 57
s 57(3)
inserted by 46/2008 s 21
29.7.2010
s 60
s 60(3)
inserted by 46/2008 s 22
29.7.2010
s 67
amended by 46/2008 s 23
29.7.2010
s 71
s 71(1)
substituted by 46/2008 s 24(1)
29.7.2010
s 71(1A)
inserted by 46/2008 s 24(1)
29.7.2010
s 71(2)
amended by 46/2008 s 24(2)
29.7.2010
s 71(2A)
inserted by 46/2008 s 24(3)
29.7.2010
s 71(2B)
inserted by 46/2008 s 24(3)
29.7.2010
substituted by 4/2017 s 8
28.2.2017
s 71(4)
amended by 46/2008 s 24(4)
29.7.2010
s 71(5)—(8)
inserted by 46/2008 s 24(5)
29.7.2010
s 72
s 72(7)
inserted by 46/2008 s 25
29.7.2010
s 72A—see s 72AA
s 72AA
s 72A redesignated as s 72AA by 46/2008 s 26
29.7.2010
Pt 5A
inserted by 46/2008 s 27
29.7.2010
Pt 6
s 74
s 74(3)
substituted by 4/2017 s 9
28.2.2017
s 78
s 78(3)
amended by 46/2008 s 28
29.7.2010
Pt 7
s 82
amended by 46/2008 s 29(1), (2)
29.7.2010
s 83
s 83(2)
note
amended by 46/2008 s 30
29.7.2010
s 89
s 89(7)
inserted by 46/2008 s 31
29.7.2010
s 89A
inserted by 46/2008 s 32
29.7.2010
s 91
s 91(1)
note
substituted by 46/2008 s 33
29.7.2010
s 92
s 92(2)
amended by 46/2008 s 34(1), (2)
29.7.2010
s 97
s 97(7)
inserted by 46/2008 s 35
29.7.2010
Pt 8
heading
substituted by 46/2008 s 36
29.7.2010
Pt 8 Div 1
s 99
amended by 46/2008 s 37
29.7.2010
Pt 8 Div 3
heading
amended by 46/2008 s 38
29.7.2010
s 106
note
amended by 46/2008 s 39
29.7.2010
s 107
substituted by 46/2008 s 40
29.7.2010
s 108
note
amended by 46/2008 s 41
29.7.2010
s 109
note
amended by 46/2008 s 42
29.7.2010
s 110
note
amended by 46/2008 s 43(1), (2)
29.7.2010
s 110A
deleted by 46/2008 s 44
29.7.2010
ss 111 and 112
substituted by 46/2008 s 46
29.7.2010
Pt 8 Div 4
heading
deleted by 46/2008 s 45
29.7.2010
ss 113—116
deleted by 46/2008 s 46
29.7.2010
Pt 9
Pt 9 Div 1
s 117
amended by 4/2017 s 10
28.2.2017
Pt 9 Div 5
s 136
s 136(1A)
inserted by 4/2017 s 11
28.2.2017
s 136A before deletion by 4/2017
s 136A(2)
amended by 46/2008 s 47
29.7.2010
s 136A
deleted by 4/2017 s 12
28.2.2017
Pt 9 Div 6
heading
amended by 4/2017 s 13
28.2.2017
s 138
s 138(1A)
inserted by 46/2008 s 48(1)
29.7.2010
s 138(5)
amended by 46/2008 s 48(2)
29.7.2010
Pt 10
s 145
amended by 46/2008 s 49(1), (2)
29.7.2010
s 146
s 146(1)
amended by 46/2008 s 50(1)
29.7.2010
s 146(2)
amended by 46/2008 s 50(2)
29.7.2010
s 146(2A)
inserted by 46/2008 s 50(3)
29.7.2010
Pt 11
s 149
amended by 46/2008 s 51
29.7.2010
s 152
s 152(2)
amended by 46/2008 s 52
29.7.2010
s 177
amended by 46/2008 s 53
29.7.2010
Pt 12
s 179
amended by 46/2008 s 54(1)—(4)
29.7.2010
s 182
amended by 46/2008 s 55(1), (2)
29.7.2010
s 183
s 183(1)
amended by 14/2019 s 91(1)
4.5.2020
s 183(2)
substituted by 14/2019 s 91(2)
4.5.2020
s 183(3) and (4)
substituted by 14/2019 s 91(3)
4.5.2020
s 185
s 185(3B)
inserted by 46/2008 s 56
29.7.2010
s 192A
s 192A(2)
authorised GMO dealings
amended by 46/2008 s 57(1), (2)
29.7.2010
Sch
omitted under Legislation Revision and Publication Act 2002
Transitional etc provisions associated with Act or amendments
Gene Technology (Miscellaneous) Amendment Act 2017, Sch 1
1Interpretation
In this Schedule—
old Act means the Gene Technology Act 2001 as in force immediately before the commencement of this Schedule.
2Transitional provision relating to enactment of sections 5 and 6
The amendments of the old Act made by sections 5 and 6 of this Act apply in relation to—
(a)
an inadvertent dealings application made on or after the commencement of this clause; and
(b)
an inadvertent dealings application made, but not decided, before that commencement.
3Transitional provision relating to enactment of section 8
The amendment of the old Act made by section 8 of this Act applies in relation to—
(a)
an application for variation of a licence made on or after the commencement of this clause; and
(b)
an application for variation of a licence made, but not decided, before that commencement.
4Transitional provision relating to repeal of section 136A by section 12
If, when this clause commences—
(a)
the Regulator has given a report to the Minister under section 136A(1) of the old Act; and
(b)
the Minister has not yet caused a copy of the report to be laid before each House of the Parliament in accordance with section 136A(3) of the old Act,
subsection (3) of section 136A of the old Act continues to have effect in relation to the report as if that subsection had not been repealed.
Statutes Amendment (SACAT) Act 2019, Pt 12
92Transitional provisions
(1)
A right of appeal under section 183 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
A member of the panel established under section 183 of the principal Act holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(4)
In this section—
principal Act means the Gene Technology Act 2001;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Historical versions
1.2.2010
29.7.2010
28.2.2017
4.5.2020

Year	No	Title	Assent	Commencement
2001	62	Gene Technology Act 2001	6.12.2001	1.2.2002 (Gazette 15.1.2002 p184)
2008	46	Gene Technology (Miscellaneous) Amendment Act 2008	20.11.2008	29.7.2010 (Gazette 22.7.2010 p3588)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 68 (ss 163 & 164)—1.2.2010 (Gazette 28.1.2010 p320)
2017	4	Gene Technology (Miscellaneous) Amendment Act 2017	28.2.2017	28.2.2017
2019	14	Statutes Amendment (SACAT) Act 2019	11.7.2019	Pt 12 (ss 89 to 92)—4.5.2020 (Gazette 27.2.2020 p442)
2023	11	Gene Technology (Adoption of Commonwealth Amendments) Amendment Act 2023	30.3.2023	30.3.2023

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002
s 5A	inserted by 11/2023 s 2	30.3.2023
s 8B	amended by 46/2008 s 4	29.7.2010
Pt 2
s 10
s 10(1)
Consultative Committee	deleted by 46/2008 s 5(1)	29.7.2010
corresponding Commonwealth emergency dealing determination	inserted by 46/2008 s 5(2)	29.7.2010
deal with	amended by 46/2008 s 5(3), (4)	29.7.2010
District Court	deleted by 14/2019 s 89(1)	4.5.2020
emergency dealing determination	inserted by 46/2008 s 5(5)	29.7.2010
Ethics and Community Committee	inserted by 46/2008 s 5(6)	29.7.2010
Ethics Committee	deleted by 46/2008 s 5(6)	29.7.2010
inadvertent dealings application	inserted by 46/2008 s 5(7)	29.7.2010
Institutional Biosafety Committee	amended by 46/2008 s 5(8)	29.7.2010
Record	amended by 4/2017 s 3	28.2.2017
State agency	amended by 84/2009 s 163	1.2.2010
Tribunal	inserted by 14/2019 s 89(2)	4.5.2020
note	inserted by 46/2008 s 5(9)	29.7.2010
s 19
note	amended by 14/2019 s 90	4.5.2020
Pt 3
s 29
s 29(1)	amended by 84/2009 s 164	1.2.2010
s 30	amended by 4/2017 s 4	28.2.2017
Pt 4
s 31	amended by 46/2008 s 6	29.7.2010
s 32
s 32(1)	substituted by 46/2008 s 7	29.7.2010
s 33
s 33(1)	amended by 46/2008 s 8(1)	29.7.2010
s 33(2)	amended by 46/2008 s 8(2)	29.7.2010
s 34
s 34(1)	substituted by 46/2008 s 9(1)	29.7.2010
s 34(2)	amended by 46/2008 s 9(2)	29.7.2010
ss 35A and 35B	inserted by 46/2008 s 10	29.7.2010
Pt 5
s 40A	inserted by 46/2008 s 11	29.7.2010
s 42
s 42(3)	inserted by 46/2008 s 12	29.7.2010
s 43
s 43(2)	amended by 46/2008 s 13(1), (2)	29.7.2010
s 46A	inserted by 46/2008 s 14	29.7.2010
amended by 4/2017 s 5	28.2.2017
s 49	substituted by 46/2008 s 15	29.7.2010
amended by 4/2017 s 6	28.2.2017
s 50
s 50(2)	deleted by 46/2008 s 16(1)	29.7.2010
s 50(3)	amended by 46/2008 s 16(2)	29.7.2010
s 50A	inserted by 46/2008 s 17	29.7.2010
s 51
s 51(1)	amended by 46/2008 s 18(1)	29.7.2010
(b) deleted by 46/2008 s 18(2)	29.7.2010
s 51(2)	(b) deleted by 46/2008 s 18(3)	29.7.2010
s 52
s 52(1)	amended by 46/2008 s 19(1)	29.7.2010
amended by 4/2017 s 7(1), (2)	28.2.2017
s 52(2)	amended by 46/2008 s 19(2), (3)	29.7.2010
s 56
s 56(2)	amended by 46/2008 s 20(1)	29.7.2010
note	inserted by 46/2008 s 20(2)	29.7.2010
s 57
s 57(3)	inserted by 46/2008 s 21	29.7.2010
s 60
s 60(3)	inserted by 46/2008 s 22	29.7.2010
s 67	amended by 46/2008 s 23	29.7.2010
s 71
s 71(1)	substituted by 46/2008 s 24(1)	29.7.2010
s 71(1A)	inserted by 46/2008 s 24(1)	29.7.2010
s 71(2)	amended by 46/2008 s 24(2)	29.7.2010
s 71(2A)	inserted by 46/2008 s 24(3)	29.7.2010
s 71(2B)	inserted by 46/2008 s 24(3)	29.7.2010
substituted by 4/2017 s 8	28.2.2017
s 71(4)	amended by 46/2008 s 24(4)	29.7.2010
s 71(5)—(8)	inserted by 46/2008 s 24(5)	29.7.2010
s 72
s 72(7)	inserted by 46/2008 s 25	29.7.2010
s 72A—see s 72AA
s 72AA	s 72A redesignated as s 72AA by 46/2008 s 26	29.7.2010
Pt 5A	inserted by 46/2008 s 27	29.7.2010
Pt 6
s 74
s 74(3)	substituted by 4/2017 s 9	28.2.2017
s 78
s 78(3)	amended by 46/2008 s 28	29.7.2010
Pt 7
s 82	amended by 46/2008 s 29(1), (2)	29.7.2010
s 83
s 83(2)
note	amended by 46/2008 s 30	29.7.2010
s 89
s 89(7)	inserted by 46/2008 s 31	29.7.2010
s 89A	inserted by 46/2008 s 32	29.7.2010
s 91
s 91(1)
note	substituted by 46/2008 s 33	29.7.2010
s 92
s 92(2)	amended by 46/2008 s 34(1), (2)	29.7.2010
s 97
s 97(7)	inserted by 46/2008 s 35	29.7.2010
Pt 8
heading	substituted by 46/2008 s 36	29.7.2010
Pt 8 Div 1
s 99	amended by 46/2008 s 37	29.7.2010
Pt 8 Div 3
heading	amended by 46/2008 s 38	29.7.2010
s 106
note	amended by 46/2008 s 39	29.7.2010
s 107	substituted by 46/2008 s 40	29.7.2010
s 108
note	amended by 46/2008 s 41	29.7.2010
s 109
note	amended by 46/2008 s 42	29.7.2010
s 110
note	amended by 46/2008 s 43(1), (2)	29.7.2010
s 110A	deleted by 46/2008 s 44	29.7.2010
ss 111 and 112	substituted by 46/2008 s 46	29.7.2010
Pt 8 Div 4
heading	deleted by 46/2008 s 45	29.7.2010
ss 113—116	deleted by 46/2008 s 46	29.7.2010
Pt 9
Pt 9 Div 1
s 117	amended by 4/2017 s 10	28.2.2017
Pt 9 Div 5
s 136
s 136(1A)	inserted by 4/2017 s 11	28.2.2017
s 136A before deletion by 4/2017
s 136A(2)	amended by 46/2008 s 47	29.7.2010
s 136A	deleted by 4/2017 s 12	28.2.2017
Pt 9 Div 6
heading	amended by 4/2017 s 13	28.2.2017
s 138
s 138(1A)	inserted by 46/2008 s 48(1)	29.7.2010
s 138(5)	amended by 46/2008 s 48(2)	29.7.2010
Pt 10
s 145	amended by 46/2008 s 49(1), (2)	29.7.2010
s 146
s 146(1)	amended by 46/2008 s 50(1)	29.7.2010
s 146(2)	amended by 46/2008 s 50(2)	29.7.2010
s 146(2A)	inserted by 46/2008 s 50(3)	29.7.2010
Pt 11
s 149	amended by 46/2008 s 51	29.7.2010
s 152
s 152(2)	amended by 46/2008 s 52	29.7.2010
s 177	amended by 46/2008 s 53	29.7.2010
Pt 12
s 179	amended by 46/2008 s 54(1)—(4)	29.7.2010
s 182	amended by 46/2008 s 55(1), (2)	29.7.2010
s 183
s 183(1)	amended by 14/2019 s 91(1)	4.5.2020
s 183(2)	substituted by 14/2019 s 91(2)	4.5.2020
s 183(3) and (4)	substituted by 14/2019 s 91(3)	4.5.2020
s 185
s 185(3B)	inserted by 46/2008 s 56	29.7.2010
s 192A
s 192A(2)
authorised GMO dealings	amended by 46/2008 s 57(1), (2)	29.7.2010
Sch	omitted under Legislation Revision and Publication Act 2002