Gene Technology Act 2003

This Act is the Gene Technology Act 2003.

This Act may also be referred to as the Gene Technology Law of the ACT or simply as the Gene Technology Law.

Note This section differs from the Commonwealth Act, s 1.

The object of this Act is to protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs.

The object of this Act is to be achieved through a regulatory framework that—

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

provides an efficient and effective system for the application of gene technologies; and

operates in conjunction with other Commonwealth and State regulatory schemes relevant to GMOs and GM products.

Note Examples of the schemes mentioned in par (c) are those that regulate food, agricultural and veterinary chemicals, industrial chemicals and therapeutic goods.

It is the intention of the Legislative Assembly 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.

Note The Commonwealth Act includes a provision binding the Crown. The provision is unnecessary in the ACT (see Legislation Act, s 121).

Note The Commonwealth Act includes a provision extending that Act to every external territory.

Other legislation applies to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Note 3 This section differs from the Commonwealth Act, s 8.

To maintain consistent section numbering between this Act and the Commonwealth Act—

if the Commonwealth Act contains a section that is not needed 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

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.

A provision number and heading mentioned in subsection (1) (a) form part of this Act.

If a provision of this Act (other than a section) is numbered differently from the equivalent provision of the Commonwealth Act, the provision of this Act may be referred to using the number of the equivalent provision of the Commonwealth Act.

Note 1 A note appears under each heading of a kind mentioned in s (1) (a) describing the omitted section of the Commonwealth Act.

Note 2 A note appears under each section of a kind mentioned in s (1) (b) highlighting the non-appearance of an equivalent section in the Commonwealth Act.

Note 3 This section does not appear in the Commonwealth Act.

A note included in this Act is explanatory and is not part of this Act.

Note 1 See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Note 2 This section does not appear in the Commonwealth Act.

The provisions appearing at the beginning of parts 2 to 12, outlining the part (simplified outlines), are intended only as a guide to readers about the general scheme and effect of the parts.

Note This section does not appear in the Commonwealth Act.

Part 2 Interpretation and operation of Act

Division 2.1 Simplified outline of pt 2

In outline, this part—

provides for the definitions used in this Act; and

contains provisions to facilitate a nationally consistent regulatory scheme; and

enables the ministerial council to issue policy principles, policy guidelines and codes of practice.

Note This section differs from the Commonwealth Act, s 9.

Division 2.2 Interpretation

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘aggravated offence—see section 38 (1).’ means that the term ‘aggravated offence’ is defined in that subsection.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

If this Act requires or permits the ministerial council to do something, the ministerial council must do it in accordance with the gene technology agreement.

Note Subsection (1) differs from the Commonwealth Act, s 10 (1).