Gene Technology (New South Wales) Act 2003

This Act is the Gene Technology (New South Wales) Act 2003.

This Act commences on a day or days to be appointed by proclamation.

The object of this Act is to adopt in this State a uniform Australian approach to the regulation of genetically modified organisms.

For that purpose, this Act—

applies the Gene Technology Act 2000 and the Gene Technology (Licence Charges) Act 2000 of the Commonwealth as a law of this State, and

makes provision to help ensure that the Commonwealth Acts and the applied law of this State are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.

In this Act—

applied provisions means the Commonwealth gene technology laws that apply as a law of this State because of section 5.

Commonwealth administrative laws means the following Acts and regulations of the Commonwealth—

the Administrative Review Tribunal Act 2024, excluding Part 7,

the Freedom of Information Act 1982,

the Ombudsman Act 1976,

the Privacy Act 1988,

the regulations in force under any of those Acts.

Commonwealth Gene Technology Act means the Gene Technology Act 2000 of the Commonwealth.

Commonwealth gene technology laws means—

the Commonwealth Gene Technology Act, and

the Commonwealth Licence Charges Act, and

all regulations, guidelines, principles, standards and codes of practice in force under either of those Acts.

Commonwealth Licence Charges Act means the Gene Technology (Licence Charges) Act 2000 of the Commonwealth.

Commonwealth Regulator means the Gene Technology Regulator appointed under the Commonwealth Gene Technology Act.

function includes duty.

If an expression is defined in the Commonwealth Gene Technology Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.

In this Act, a reference to a Commonwealth Act includes a reference to—

that Commonwealth Act, as amended and in force for the time being, and

an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.

The Commonwealth gene technology laws, as in force for the time being, apply as a law of this State.

Those Commonwealth gene technology laws so apply as if they extended to matters in relation to which this State may make laws—

whether or not the Commonwealth may make laws in relation to those matters, and

even though the Commonwealth gene technology laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.

The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions. That Act so applies as if the applied provisions were a Commonwealth Act or were regulations or other instruments under a Commonwealth Act, as the case requires.

The Interpretation Act 1987 of New South Wales does not apply to the applied provisions.

The Commonwealth Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth gene technology laws, as those laws apply to the Commonwealth.

Any delegation by the Commonwealth Regulator under the Commonwealth Gene Technology Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.

The object of this Part is to further the object of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.

The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—

the investigation and prosecution of offences, and

the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and

proceedings relating to a matter referred to in paragraph (a) or (b), and

appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and

the sentencing, punishment and release of persons convicted of offences, and

fines, penalties and forfeitures, and

liability to make reparation in connection with offences, and

proceeds of crime, and

spent convictions.

The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.

For the purposes of a law of this State, an offence against the applied provisions—

is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and

is taken not to be an offence against the laws of this State.

Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.

A Commonwealth law applying because of section 11 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth gene technology laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.

In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth gene technology laws.