The purpose of this Act is to regulate activities involving gene technology.
(3)
Without limiting subsection (1) and section 26(1) of the Interpretation Act 1984, this Act may be referred to as the Gene Technology Law of Western Australia or simply as the Gene Technology Law.
Note for this section:
This section differs from section 1 of the Commonwealth Act.
s 2Commencement
(1)
This Act comes into operation on a day fixed by proclamation.
(2)
Different days may be fixed under subsection (1) for different provisions.
Note for this section:
This section differs from section 2 of the Commonwealth Act.
s 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 genetically modified organisms.
s 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;
(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 for this section:
Examples of the schemes mentioned in paragraph (b) are those that regulate food, agricultural and veterinary chemicals, industrial chemicals and therapeutic goods.
s 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 genetically modified organisms by the Commonwealth and the States.
s 6Act to bind the Crown
(1)
This Act binds the Crown in right of Western 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.
s 7External Territories
Note for this section:
The Commonwealth Act includes a provision extending that Act to every external Territory other than Norfolk Island.
s 8Offences
Note for this section:
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.
s 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 for this section:
1. A note appears under each heading of a kind referred to in subsection (1)(a) describing the omitted section of the Commonwealth Act.
2. A 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.
3. This section does not appear in the Commonwealth Act.
s 8BNotes
Notes do not form part of this Act.
Note for this section:
This section does not appear in the Commonwealth Act.
s 8COutlines
The provisions appearing at the beginning of Parts 2 to 12 outlining that Part (simplified outlines)are intended only as a guide to readers as to the general scheme and effect of that Part.
Note for this section:
This section does not appear in the Commonwealth Act.
s 9Simplified outline
In outline this Part —
contains the definitions used in this Act;
contains provisions to facilitate a nationally consistent regulatory scheme;
enables the Ministerial Council to issue policy principles, policy guidelines and codes of practice.
Note for this section:
This section differs from section 9 of the Commonwealth Act.
