Inspection powers under the Gene Technology Act 2001
14 Inspection powers under the Gene Technology Act 2001
The following provisions of Part 11 of the Gene Technology Act 2001 apply for the purposes of this Act as though they were incorporated into this Act—
Divisions 3 and 4;
Division 7, other than sections 159 and 162(2)(a) and (b);
Division 9, other than section 169(2)(c);
Division 10;
Division 11, other than section 177.
Any definitions in the Gene Technology Act 2001 of terms used in those provisions also apply for the purposes of this Act as though they were incorporated into this Act.
Those provisions and definitions apply as though—
a reference to "inspector" were instead a reference to "authorised officer"; and
a reference to "GMO" in section 153(1)(b) of the Gene Technology Act 2001 were instead a reference to "GM crop"; and
a reference to "the Regulator" in section 163(2) of that Act were instead a reference to "the Crown"; and
a reference to "the Regulator" in sections 169(3) and 171 of that Act were instead a reference to "the Secretary to the Department"; and
the penalty in section 175 of that Act were instead a penalty of 120 penalty units; and
any other necessary modifications were made.
In addition, sections 152 and 153 of the Gene Technology Act 2001 apply as though the grounds on which an authorised officer may enter premises and exercise powers under those sections included for the purpose of determining whether there is a risk to a market from the presence on the premises of a GM crop, GMO or of GM crop related material.
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