1 Short title
10 Definitions
10 July
10 Sept
Conditional commencement of Act 2015 on September 5, 2016
Requires a relation between identifiable temporal intervals for conditional commencement
Conditional commencement on September 5, 2016
Commencement of Statute Law Revision Act 2016
100 The Gene Technology Technical Advisory Committee
100(1) The Gene Technology Technical Advisory Committee
Minister must appoint chair of Committee
100(2) The Gene Technology Technical Advisory Committee
Members must hold office on a part-time basis.
100(3) The Gene Technology Technical Advisory Committee
Obligation to hold office on a part-time basis.
(3) The members hold office on a part-time basis.
Consultation requirements for appointing a Committee member
100(4) The Gene Technology Technical Advisory Committee
The consultation period CONTAINS: States, Regulator, scientific, consumer, health, environmental and industry groups
(4) Before appointing a member of the Committee, the Minister must...
If the Minister MUST consult the States, then the States are relevant to the appointment process
Inference from consultation requirements
The consultation requirements REQUIRES: artificial intelligence application for other Ministers
Artificial intelligence application for consultation
(d) such other Ministers as the Minister considers appropriate;
The consultation requirements SPREADS: scientific, consumer, health, environmental and industry groups
(c) such scientific, consumer, health, environmental and industry groups as the Minister considers appropriate;
The Minister must have skills or experience in one or more of the specified areas before appointing a person as a member of the Committee.
100(5) The Gene Technology Technical Advisory Committee
The Minister must have skills or experience in one or more of the specified areas.
The Minister must not appoint a person as a member of the Committee unless the Minister is satisfied that the person has skills or experience in one or more of the specified areas.
The Minister must appoint a layperson to the Committee.
100(6) The Gene Technology Technical Advisory Committee
Ensure broad range of skills and experience in the areas mentioned
100(7) The Gene Technology Technical Advisory Committee
Ensure a broad range of skills and experience
The Minister must ensure that the Committee includes at least one person who is a member of the Ethics and Community Committee.
100(7A) The Gene Technology Technical Advisory Committee
Obligation to include a member of the Ethics and Community Committee.
The Committee has at least one member who is a member of the Ethics and Community Committee.
Cannot appoint a member to chair the Committee without majority agreement from jurisdictions.
100(8) The Gene Technology Technical Advisory Committee
No majority agreement from jurisdictions
Provide scientific and technical advice on request.
101 Function of the Gene Technology Technical Advisory
102 Expert advisers
Minister may appoint expert advisers to assist the Gene Technology Technical Advisory Committee.
102(1) Expert advisers
Expert advisers are not Committee members.
102(2) Expert advisers
103 Remuneration
A person must be paid remuneration determined by the Remuneration Tribunal.
103(1) Remuneration
A person must be paid allowances prescribed by regulations.
103(2) Remuneration
Must be paid allowances prescribed by regulations.
Person is a member of the Gene Technology Technical Advisory Committee or an expert adviser
Is a person paid allowances prescribed by regulations?
A person is a member of the Gene Technology Technical Advisory Committee or an expert adviser
Subject to the Remuneration Tribunal Act 1973.
103(3) Remuneration
104 Members and procedures
Regulations for Gene Technology Technical Advisory Committee members and expert advisers
104(1) Members and procedures
Regulations prescribe rules for committee members
Regulations may prescribe matters relating to the operation of the Gene Technology Technical Advisory Committee.
104(2) Members and procedures
Committee must operate in writing if no regulations are in force.
104(3) Members and procedures
Committee may operate if no regulations are in force and no determination is in force.
104(4) Members and procedures
The provision applies during the specified time period.
The provision applies during a specific time period.
No regulations are in force and no determination is in force.
The provision applies if the specified conditions are met.
The provision has a condition that must be met for it to apply.
Committee can operate under certain conditions.
The provision has a temporal interval that specifies when it applies.
105 Subcommittees
Establish subcommittees with Regulator's consent.
105(1) Subcommittees
The regulations may prescribe matters relating to the constitution and operation of subcommittees.
105(2) Subcommittees
Establishment of the Gene Technology Ethics and Community Consultative Committee
106 The Gene Technology Ethics and Community Consultative
Provide advice on various matters related to gene technology
107 Function of Ethics and Community Committee
108 Membership
Minister must appoint members to Ethics and Community Committee.
108(1) Membership
Consultation requirements for appointing a member of the Ethics and Community Committee
108(2) Membership
Temporal interval for consultation requirements
(2) Before appointing a member of the Ethics and Community Committee, the Minister must...
The Minister must appoint a person with relevant skills or experience to the Ethics and Community Committee.
108(3) Membership
The Minister must appoint a person with relevant skills or experience.
109 Remuneration
109(1) Remuneration
109(2) Remuneration
Remuneration subject to the Remuneration Tribunal Act 1973.
109(3) Remuneration
Intentional release of GMO into environment is a dealing with a GMO.
11 Meaning of intentional release of a GMO into the environment
Territories Legislation Amendment Act 2016
11 Feb
110 Membership and Procedures
Regulations may prescribe matters relating to the members of the Ethics and Community Committee.
110(1) Membership and Procedures
Regulations may prescribe matters relating to the operation of the Ethics and Community Committee.
110(2) Membership and Procedures
Ethics and Community Committee must operate in writing by the Regulator if no regulations are in force.
110(3) Membership and Procedures
Obligation to operate in writing by the Regulator.
Ethics and Community Committee may operate in writing.
110(4) Membership and Procedures
Legislative instrument determination is not valid.
110(5) Membership and Procedures
(5) A determination made under subsection (3) or (4)
111 Subcommittees
Establishment of subcommittees with Regulator's consent.
111(1) Subcommittees
The Ethics and Community Committee may...
111(2) Subcommittees
112 Expert advisers
Minister may appoint expert advisers to assist Ethics and Community Committee.
112(1) Expert advisers
Expert advisers are not members of the Ethics and Community Committee.
112(2) Expert advisers
117 Simplified outline
118 Appointment of the Regulator
The Regulator must be appointed by the Governor-General.
118(1) Appointment of the Regulator
Regulator must hold office for a specified period.
118(2) Appointment of the Regulator
The Regulator's term overlaps with the instrument of appointment.
Regulator's term overlaps with the instrument of appointment
(2) The period specified must not be less than 3 years or more than 5 years.
The Regulator's term is valid if it meets the conditions.
Regulator's term is valid if it meets the conditions
The Regulator's term is recognized by AI systems.
Regulator's term is recognized by AI systems
The Regulator must hold office for a specified period.
(2) The Regulator holds office for the period specified in the instrument of appointment.
The Regulator's term spreads to other parts of the instrument.
Regulator's term spreads to other parts of the instrument
The Regulator must hold office on a full-time basis.
118(3) Appointment of the Regulator
Majority of jurisdictions must agree to the appointment.
118(4) Appointment of the Regulator
The Governor-General must not appoint...
Governor-General must appoint Regulator with majority agreement.
Cannot appoint Regulator if employed by a body corporate related to gene technologies
118(5) Appointment of the Regulator
Governor-General cannot appoint Regulator with pecuniary interest in gene technology body corporate
118(6) Appointment of the Regulator
Development and implementation of gene technologies during Regulator's appointment
during development and implementation of gene technologies
Regulator's appointment is subject to temporal interval
Regulator cannot be appointed with pecuniary interest
Governor-General has authority to appoint Regulator
Governor-General must not appoint Regulator with pecuniary interest
119 Termination of appointment
Governor-General may terminate appointment of Regulator.
119(1) Termination of appointment
Termination of appointment under certain conditions.
119(2) Termination of appointment
the Governor-General must terminate his or her appointment.
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b) fails to comply with his or her obligations under section 120;
(c) without the consent of the Minister, engages in any paid employment outside the duties of his or her office;
(d) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;
Governor-General must obtain majority agreement from jurisdictions before terminating the appointment of the Regulator.
119(3) Termination of appointment
The temporal interval for terminating the appointment contains jurisdictional agreement.
Temporal interval for terminating the appointment contains jurisdictional agreement
The Governor-General must not terminate the appointment of the Regulator unless a majority of jurisdictions agree to the termination of the appointment.
Regulator's appointment is contained in jurisdictional agreement.
The Governor-General MUST obtain majority agreement from jurisdictions before terminating the appointment of the Regulator.
Governor-General must not terminate the appointment of the Regulator unless a majority of jurisdictions agree.
Jurisdictional agreement diffuses to Regulator's appointment.
The temporal interval for terminating the appointment is contained in jurisdictional agreement.
Temporal interval for terminating the appointment is contained in jurisdictional agreement
Retirement of Regulator on grounds of physical or mental incapacity with Regulator's consent.
119(4) Termination of appointment
Governor-General may retire Regulator during this time frame
Regulator is eligible employee or member of superannuation scheme within a certain time frame
Regulator is eligible employee or member of superannuation scheme and Governor-General consents
Regulator is eligible employee or member of superannuation scheme
Regulator must be retired on grounds of invalidity if removed or retired due to incapacity and CSC gives a certificate.
119(5) Termination of appointment
Regulator's retirement must occur after removal or retirement due to incapacity.
(5) For the purposes of the Superannuation Act 1976, the Regulator is taken to have been retired from office on the grounds of invalidity...
Regulator must be retired on grounds of invalidity.
119(6) Termination of appointment
(a) the Regulator is removed or retired from office on the grounds of physical or mental incapacity; and (b) CSC gives a certificate under section 13 of that Act.
12 Meaning of corresponding State law
The Minister declares State law to correspond to this Act.
12(1) Meaning of corresponding State law
Minister's declaration of State law correspondence.
Corresponding State law is a subclass of declared laws.
Minister may revoke Gazette notice under subsection (1) in relation to a State law under certain conditions.
12(2) Meaning of corresponding State law
The Regulator must disclose its interests to the Minister.
120 Disclosure of interests
Regulator has an obligation to disclose interests.
The Minister may appoint a person to act as the Regulator.
121 Acting appointment
Terms and conditions for the Regulator's office determined by the Governor-General.
122 Terms and conditions
Regulator cannot engage in paid employment outside office without Minister's approval.
123 Outside employment
Minister's approval required during Regulator's employment.
Temporal interval for Regulator's employment restrictions.
Regulator must not engage in paid employment outside the duties of the Regulator’s office without the approval of the Minister.
Minister's approval required for Regulator's outside employment.
Implication from Regulator's outside employment prohibition.
CogAI asserts Regulator's employment restrictions.
Prohibition of Regulator's outside employment.
Regulator must not engage in paid employment outside the duties of the Regulator’s office.
Diffusion of Regulator's employment restrictions to other agents.
124 Remuneration
Regulator must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
124(1) Remuneration
Regulator must be paid allowances prescribed by regulations.
124(2) Remuneration
124(3) Remuneration
125 Leave of absence
Regulator has recreation leave entitlements determined by the Remuneration Tribunal.
125(1) Leave of absence
Regulator has a duty to provide recreation leave entitlements.
Grant leave of absence on terms and conditions determined by the Minister.
125(2) Leave of absence
Regulator may resign by giving written notice to Governor-General.
126 Resignation
Regulator may charge for services provided by or on behalf of the Regulator.
127 Regulator may charge for services
128 Notional payments by the Commonwealth
128(1) Notional payments by the Commonwealth
Temporal overlap between Commonwealth and fees/charges
(1) The purpose of this section is to ensure that fees and charges under this Act and the regulations, and charges under the Gene Technology (Licence Charges) Act 2000, are notionally payable by the Commonwealth (or parts of the Commonwealth).
Recognition of notionally payable fees and charges by CogAI
Diffusion of notionally payable fees and charges to parts of the Commonwealth
Recurring notionally payable fees and charges
The Minister may give written directions for the purpose of this section.
128(2) Notional payments by the Commonwealth
The Minister may give written directions.
129 Gene Technology Account
129(1) Gene Technology Account
Creates an obligation to establish the account
The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
129(2) Gene Technology Account
It is an obligation to maintain this account.
The Account is a special account for the purposes of...
13 Operation of Act
Amendment of Schedule 7 and Schedule 2 by the Framework Reform (Consequential Provisions) Act 2015
13 Apr
Applicability of Act to various entities and activities
13(1) Operation of Act
Defines constitutional corporation and trade or commerce.
13(2) Operation of Act
130 Credits to Account
Credit amounts received by the Commonwealth under various laws and regulations.
130(1) Credits to Account
Amounts received within a specific timeframe.
(e) amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;
(f) amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;
(g) amounts equal to amounts recovered by the Commonwealth under subsection 146(5) or 158(4), to the extent that they are referable to amounts debited from the Account;
Recurring credits under various laws and regulations.
(c) amounts equal to fees received by the Commonwealth under subsections 40(6) and 83(3);
Duty to make payments in connection with the performance of the Regulator’s functions under this Act.
130(2) Credits to Account
Imposes a duty on the State to make payments.
Recovery of amounts payable to the Commonwealth
131 Recovery of amounts
Recovery of debts due to the Commonwealth
Expenditure of Account amounts for costs, expenses, and obligations incurred by the Regulator or inspectors.
132 Purposes of Account
Staff assisting the Regulator must be persons engaged under the Public Service Act 1999.
133 Staff assisting the Regulator
134 Consultants
The Regulator may engage persons with suitable qualifications and experience as consultants.
134(1) Consultants
Regulator determines terms and conditions of engagement for consultants.
134(2) Consultants
Regulator's obligation to determine terms and conditions.
The Regulator may be assisted by certain persons and authorities.
135 Seconded officers
136 Annual Report
The Regulator must prepare and give a report to the Minister.
136(1) Annual Report
Temporal relation between the end of a financial year and the preparation of a report.
Annual report must include GMO licence information and breaches of conditions.
136(1A) Annual Report
Minister must provide annual report to each House of Parliament within 15 sitting days.
136(2) Annual Report
Regulator must give a copy of the report to each State.
136(3) Annual Report
137 Reports to Parliament
The Regulator must report to Parliament on matters relating to its functions.
137(1) Reports to Parliament
137(2) Reports to Parliament
Regulator must give a copy of the report.
138 Record of GMO Dealings
138(1) Record of GMO Dealings
Maintain a comprehensive record of all dealings in Australia that involve GMOs.
138(2) Record of GMO Dealings
Record of GMO Dealings must contain specific information
138(3) Record of GMO Dealings
138(3A) Record of GMO Dealings
Must contain specific information about GMO dealings
138(4) Record of GMO Dealings
139 Inspection of Record
Compilation information and notes on amendments.
14 October 2024
14 Wind-back of reach of Act
Wind-back notice in relation to a State is in force at that time.
14(1) Wind-back of reach of Act
The wind-back notice must overlap with the corresponding State law.
Specifies the temporal relationship between the wind-back notice and the corresponding State law.
(a) a corresponding State law is in force in the notifying State at that time;
The wind-back notice must infer the corresponding State law.
Describes how the obligation can be inferred.
(b) a wind-back notice in relation to that State is in force at that time;
The wind-back notice must diffuse to other States.
Describes how the obligation is propagated.
The wind-back notice must be until the corresponding State law is no longer in force.
Describes the temporal relationship between the wind-back notice and its effect.
14(2) Wind-back of reach of Act
Notice of application to wind-back the reach of the Act.
14(3) Wind-back of reach of Act
The compilation is a representation of the law as it stands.
Classifies the text of the law as amended.
The compilation shows the text of the law as amended and in force on 14 October 2024.
The notes provide context for understanding changes to the law.
Provides information about amending laws and amendment history.
The notes at the end of this compilation include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments do not affect the current text of the law.
Describes the effect of uncommenced amendments.
The effect of uncommenced amendments is not shown in the text of the compiled law.
The compilation does not include all relevant information about applications, saving, and transitional provisions.
Provides information about applications, saving, and transitional provisions.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
The compilation does not show the text of the compiled law as modified.
Describes modifications to the compiled law.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.
The compilation notes any repealed provisions.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
140 Regulator may review notifiable low risk dealings
Regulator may review notifiable low risk dealings
140(1) Regulator may review notifiable low risk dealings
The Regulator may review notifiable low risk dealings at any time
Regulator has the power to review notifiable low risk dealings
Regulator must consider specific matters when reviewing dealings.
140(2) Regulator may review notifiable low risk dealings
(2) The basis of the Regulator’s consideration...
141 Regulator may review exemptions
Regulator has the power to review exemptions
Regulator must publish notice inviting written submissions on specified matters.
142 Regulator may give notice of consideration
143 What Regulator may do after consideration
Regulator may recommend declaration of notifiable low risk dealing.
143(1) What Regulator may do after consideration
Regulator may recommend amendments to regulations
143(2) What Regulator may do after consideration
143(3) What Regulator may do after consideration
No obligation to review matters under sections 140 or 141.
144 Regulator not required to review matters
Regulator can give directions to comply with Act or regulations.
145 Simplified outline
Regulator has the power to give directions.
146 Regulator may give directions
Regulator may give directions to licence holder for compliance with Act or regulations.
146(1) Regulator may give directions
Regulator may give directions to a person not complying with the Act or regulations.
146(2) Regulator may give directions
146(2A) Regulator may give directions
147 Injunctions
Granting injunctions to prevent conduct that is or would be an offence against the Act.
147(1) Injunctions
The Court may grant an injunction restraining the person from engaging in the conduct.
Restricts injunctions to conduct that has engaged, is engaging, or will engage.
(1) If a person has engaged, is engaging, or is about to engage in any conduct...
Requires reasoning to determine whether conduct is an offence against the Act.
Prohibits conduct that is or would be an offence against the Act.
Diffuses injunctions to prevent conduct that is or would be an offence against the Act.
Requires recurring trace of conduct that has engaged, is engaging, or will engage.
Granting injunctions for refusal or failure to comply with the Act or regulations.
147(2) Injunctions
The Court may grant an injunction requiring the person to do the thing.
Temporal relationship between refusal/failure and granting an injunction.
(2) If a person has refused or failed, is refusing or failing, or is about to refuse or fail...
Inferencing the obligation to comply with the Act or regulations.
Obligation to comply with the Act or regulations.
Diffusing the obligation to comply with the Act or regulations.
Implication of refusal or failure on granting an injunction.
Court may grant injunction regardless of intent
147(3) Injunctions
148 Forfeiture
Forfeiture of property used in commission of offence
148(1) Forfeiture
...the court may order forfeiture to the Commonwealth
Establishes temporal relation between conviction and forfeiture
A thing ordered by a court to be forfeited under this section becomes the property of the Commonwealth.
148(2) Forfeiture
Prohibits forfeiting a thing under this section.
Must keep thing in custody as directed by Regulator.
148(3) Forfeiture
149 Simplified outline
Provisions of this Act do not substitute for other Commonwealth laws.
15 Relationship to other Commonwealth laws
150 Appointment of inspectors
150(1) Appointment of inspectors
Inspector must comply with Regulator's directions
150(2) Appointment of inspectors
151 Identity card
Regulator must issue an identity card to an inspector.
151(1) Identity card
Identity card must be in prescribed form and contain recent photograph.
151(2) Identity card
Must provide identity card in prescribed form.
Identity card must contain recent photograph.
Return identity card upon ceasing to be an inspector.
151(3) Identity card
Must carry identity card at all times while exercising powers or performing functions as an inspector.
151(4) Identity card
The temporal interval of carrying the identity card is contained within the temporal interval of exercising powers or performing functions as an inspector.
Temporal interval of carrying identity card
An inspector must carry his or her identity card at all times while exercising powers or performing functions as an inspector.
at all times while exercising powers or performing functions as an inspector.
An inspector must carry his or her identity card at all times
An inspector must carry his or her identity card
Carry identity card at all times while exercising powers or performing functions as an inspector
The temporal trace of carrying the identity card is contained within the temporal trace of exercising powers or performing functions as an inspector.
Temporal trace of carrying identity card
152 Powers available to inspectors for monitoring compliance
Inspector may enter premises and exercise monitoring powers.
152(1) Powers available to inspectors for monitoring compliance
Inspector entry permission under certain conditions.
152(2) Powers available to inspectors for monitoring compliance
Inspector's powers to search and inspect premises
153 Monitoring powers
154 Searches and seizures related to offences
Inspector must have reasonable grounds to search premises.
154(1) Searches and seizures related to offences
Inspector's powers during searches and seizures
154(2) Searches and seizures related to offences
Inspector's powers are during the search and seizure
Inspector is authorized to enter premises
Seizure of additional items during search and seizure
154(3) Searches and seizures related to offences
Prohibits seizing additional items without warrant
Inspector's powers of search, inspection, and sampling
155 Offence-related powers of inspectors in relation to premises
156 Use of equipment at premises
Inspector may operate equipment to access evidential material.
156(1) Use of equipment at premises
Inspection occurs during equipment operation.
Equipment operation occurs during inspection
Inspector operates equipment during inspection
Inspector believes on reasonable grounds...
Seize equipment and associated devices if evidential material is accessible.
156(2) Use of equipment at premises
The seizure occurs after the equipment is operated.
Describes temporal relation between equipment operation and seizure.
(2) If the inspector, after operating the equipment...
The inspector recognizes the evidential material if it is accessible.
Describes recognition of evidential material by inspector.
The inspector may not seize the equipment and any disk, tape or other associated device.
Prohibits seizing equipment and associated devices.
The evidential material diffuses from the premises if it is transferred to a storage device.
Describes diffusion of evidential material from premises.
(2) If the material can be transferred to a disk, tape or other storage device...
The seizure occurs repeatedly if the equipment is operated repeatedly.
Describes recurring trace of equipment operation and seizure.
Seizure of equipment under certain conditions
156(3) Use of equipment at premises
(3) An inspector may seize equipment under paragraph (2)(a) only if: (a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or (b) possession by the occupier of the equipment could constitute an offence.
Prohibits seizure without practicable documentary form or copying
157 Expert assistance to operate a thing
Inspector must secure thing if necessary to prevent information/material from being destroyed/alterated.
157(1) Expert assistance to operate a thing
Timeframe for inspector's action must be before information/material is destroyed/alterated.
Inspector does not take action under subsection.
Thing is a security risk if expert assistance is not provided by AI system.
Thing is a security risk if not secured by AI system
Expert assistance is required to operate thing.
Inspector must do whatever is necessary to secure thing.
Inspector believes information/material may be accessible by operating thing.
Inspector's action must be taken if expert assistance is required.
Inspector's action can occur at any time after thing is secured.
Inspector must give notice to occupier before securing thing.
157(2) Expert assistance to operate a thing
The thing may be secured for a period not exceeding 24 hours or until it has been operated by the expert, whichever happens first.
157(3) Expert assistance to operate a thing
Imposes an obligation on the state to secure the thing.
Inspector may apply for extension of expert assistance period
157(4) Expert assistance to operate a thing
Inspection has a duty to apply for extension
Inspector must give notice to occupier before applying for extension.
157(5) Expert assistance to operate a thing
158 Powers available to inspectors for dealing with dangerous
Inspector has reasonable grounds to suspect non-compliance and considers it necessary to exercise powers to avoid imminent risk.
158(1) Powers available to inspectors for dealing with dangerous
the inspector is looking at a temporal interval on premises
Inspector is looking at a temporal interval on premises
(a) an inspector has reasonable grounds for suspecting that there may be on any premises a particular thing in respect of which this Act or the regulations have not been complied with;
the inspector must consider it necessary
Inspector must consider it necessary to exercise powers
(b) the inspector considers that it is necessary to exercise powers under this section in order to avoid an imminent risk of death, serious illness, serious injury, or to protect the environment;
the inspector must consider it necessary to protect the environment
the inspector is tracing an ordered sequence on premises
Inspector is tracing an ordered sequence on premises
Inspector's powers to deal with dangerous things
158(2) Powers available to inspectors for dealing with dangerous
Inspector must secure the thing, if the inspector finds it on the premises
Inspector must secure thing if found on premises
Inspector may require the person to take such steps as the inspector considers necessary for the person to comply with this Act or the regulations
Inspector may require person to take steps
Inspector must take such steps, or arrange for such steps to be taken, in relation to the thing as the inspector considers appropriate
Inspector must take steps in relation to thing
Exercise powers only when necessary to avoid imminent risk of death or serious harm.
158(3) Powers available to inspectors for dealing with dangerous
Person liable for costs incurred by Commonwealth due to inspector's actions.
158(4) Powers available to inspectors for dealing with dangerous
Liability for costs incurred by Commonwealth.
Inspector must produce identity card on request
159 Inspector must produce identity card on request
Inspection is prohibited if occupier requests identity card
16 State laws may operate concurrently
State laws may operate concurrently with this Act.
16(1) State laws may operate concurrently
Concurrent operation of State laws and the Act.
State laws may operate concurrently with federal laws under certain conditions.
16(2) State laws may operate concurrently
Permits concurrent operation of state and federal laws.
160 Consent
Inspector must inform person of right to refuse consent.
160(1) Consent
Voluntary consent required for lawful entry by inspector
160(2) Consent
No inspection without consent is permissible
Inspection without consent is not permissible
161 Details of warrant to be given to occupier etc.
Inspector must provide a copy of the warrant to the occupier or apparent representative.
161(1) Details of warrant to be given to occupier etc.
Inspector must identify themselves to the occupier.
161(2) Details of warrant to be given to occupier etc.
No signature of magistrate is required on warrant copy.
161(3) Details of warrant to be given to occupier etc.
Inspector must announce before entering premises under a warrant.
162 Announcement before entry
163 Compensation for damage
Owner entitled to compensation for damage caused by insufficient care
163(1) Compensation for damage
Owner has an obligation to provide compensation
The owner of a thing is entitled to compensation for damage...
The state permits operation without sufficient care
State permits operation without sufficient care
(a) the damage was caused to the thing as a result of it being operated...
The owner has a right to compensation for damage
Owner has a right to compensation for damage
(b) the damage was caused as a result of...
The state undertakes to provide compensation for damage
State undertakes to provide compensation for damage
(1) The owner of a thing is entitled to...
The owner must provide compensation for damage
Owner has an obligation to provide compensation for damage
Compensation is payable out of money appropriated by the Parliament.
163(2) Compensation for damage
Regard must be had to whether the occupier and their employees/agents provided warning or guidance.
163(3) Compensation for damage
164 Power to search goods, baggage etc.
164(1) Power to search goods, baggage etc.
...or (b) a place outside an external territory and a place in that territory.
(a) a place outside Australia and a place in Australia;
Inspectors may examine or search goods under certain conditions.
164(2) Power to search goods, baggage etc.
164(3) Power to search goods, baggage etc.
164(4) Power to search goods, baggage etc.
Seizure of goods under reasonable grounds
165 Seizure of goods
Seizure occurs during overlap of inspector's suspicion and goods being evidential material
Inspector has reasonable grounds to suspect goods are evidential material
CogAI recognizes goods as evidential material based on inspector's suspicion
Prohibits seizure without reasonable grounds
Diffusion of seizure occurs when inspector has reasonable grounds to suspect goods are evidential material
Seizure is recurring if inspector has reasonable grounds to suspect goods are evidential material
166 Copies of seized things to be provided
Inspector must provide a copy of seized documents or information to the occupier upon request.
166(1) Copies of seized things to be provided
Exemption from subsection (1) for certain seizures
166(2) Copies of seized things to be provided
167 Occupier entitled to be present during search
Occupier entitled to be present during search
167(1) Occupier entitled to be present during search
Right to observe search ceases if person impedes search.
167(2) Occupier entitled to be present during search
167(3) Occupier entitled to be present during search
Occupier is entitled to be present during search
168 Receipts for things seized
Inspector must provide a receipt for seized things.
168(1) Receipts for things seized
Allowance for multiple items in one receipt
168(2) Receipts for things seized
169 Retention of seized things
Return seized things after 60 days or if reason for seizure no longer exists.
169(1) Retention of seized things
The period of 60 days after its seizure ends.
Inspector seizes a thing under this Part.
Return seized thing within 60 days unless certain conditions apply.
169(2) Retention of seized things
Duty to return seized thing within 60 days
Terms and conditions for returning seized things
169(3) Retention of seized things
17 Conferral of functions on Commonwealth officers and bodies
Confer functions, powers and duties on Commonwealth officers and bodies.
17(1) Conferral of functions on Commonwealth officers and bodies
...functions, powers and duties on the following:
Temporal relation between functions, powers and duties
(1) A corresponding State law may confer...
Classification of Commonwealth officers and bodies using AI
(a) the Regulator or another officer of...
Diffusing functions, powers and duties to Commonwealth officers and bodies
Recurring trace of functions, powers and duties
Permits Commonwealth officers and bodies to perform functions or exercise powers.
17(2) Conferral of functions on Commonwealth officers and bodies
Regulator may include dealings on GMO Register if corresponding State law confers power.
17(3) Conferral of functions on Commonwealth officers and bodies
Regulator has permission to include dealings on GMO Register.
Regulator may vary GMO Register in accordance with corresponding State law.
17(4) Conferral of functions on Commonwealth officers and bodies
Regulator may enter information on Record in accordance with corresponding State law.
17(5) Conferral of functions on Commonwealth officers and bodies
Regulator may make notations in GMO Register and Record of GMO Dealings.
17(6) Conferral of functions on Commonwealth officers and bodies
Regulator has permission to make notations.
170 Magistrate may permit a thing to be retained
Magistrate may permit an inspector to retain a thing for a further period under certain conditions.
170(1) Magistrate may permit a thing to be retained
Further retention period overlaps with the seizure period.
Temporal overlap between the seizure and the further retention period.
Seizure occurs before the end of 60 days after the seizure.
Inspector is recognized as having authority to retain the thing.
Recognition of the inspector's authority to retain the thing.
Inspector has applied for an order to retain the thing.
Inspector is allowed to retain the thing.
Magistrate may permit an inspector to retain a thing for a further period.
Diffusion of the inspector's request to retain the thing.
Inspector requests to retain the thing for a further period.
Further retention periods are recurring traces.
Recurring trace of further retention periods.
Inspector applies for an order to retain the thing for a further period.
Magistrate may permit inspector to retain thing for a specified period.
170(2) Magistrate may permit a thing to be retained
Inspector retains thing for a specified duration.
for a period (not being a period exceeding 3 years)
Magistrate specifies duration of inspector's retention.
Inspector retains thing due to magistrate's order.
Order from magistrate permits inspector to retain thing.
the magistrate may order that an inspector may retain the thing
Magistrate has authority to issue orders.
Inspector retains thing due to AI-assisted magistrate's order.
the magistrate may order that an inspector may retain the thing for a period (not being a period exceeding 3 years) spec
Magistrate uses AI to inform retention decision.
Inspector may retain thing for a specified period.
Magistrate has discretion to permit inspector to retain thing.
Inspector retains thing due to necessity.
the magistrate is satisfied that it is necessary for an inspector to continue to retain the thing
Magistrate considers necessity of inspector retaining thing.
170(3) Magistrate may permit a thing to be retained
The Regulator may dispose of a thing in such manner as the Regulator thinks appropriate.
171 Disposal of goods if there is no owner or owner cannot be
172 Monitoring warrants
Inspector may apply for a warrant under this section.
172(1) Monitoring warrants
Inspector has the power to apply for a warrant.
Magistrate must issue warrant if satisfied that inspectors need access for compliance purposes.
172(2) Monitoring warrants
Inspector access necessary for compliance.
Inspector must provide information to magistrate before issuing warrant.
172(3) Monitoring warrants
Magistrate must receive information from inspector.
Inspector must provide required information to magistrate.
Inspector's information is sought repeatedly.
(a) authorise one or more inspectors, (b) state purpose for which warrant is issued
Warrant must authorise entry and exercise powers
172(4) Monitoring warrants
(4) The warrant must: (a) authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:
(i) to enter the premises; and (ii) to exercise the powers set out in section 153 in relation to the premises:
Requires authorisation for exercise of powers
(ii) to exercise the powers set out in section 153 in relation to the premises:
Requires authorisation for specified hours of entry
(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night:
173 Offence-related warrants
An inspector may apply for a warrant under this section in relation to premises.
173(1) Offence-related warrants
Magistrate must issue warrant if satisfied with reasonable grounds for suspecting evidential material exists or may exist within 72 hours.
173(2) Offence-related warrants
Warrant is only justified if evidential material exists or may exist within next 72 hours
Evidential material must exist or may exist within next 72 hours for warrant to be issued
There are reasonable grounds for suspecting evidential material exists or may exist within 72 hours.
Warrant is only justified if magistrate is satisfied with information on oath
Magistrate must be satisfied with information on oath for warrant to be issued
Reasonable grounds for suspecting evidential material exists or may exist within 72 hours.
Magistrate has reasonable grounds to believe warrant is justified
Warrant is only justified if evidential material exists or may exist within 72 hours
Evidential material must exist or may exist within 72 hours for warrant to be issued
Magistrate must provide further information before issuing warrant.
173(3) Offence-related warrants
Magistrate has a duty to provide further information.
(a) name one or more inspectors; (b) authorise the inspectors so named, with such assistance and by such force as is necessary and reasonable: (i) to enter the premises; (ii) to exercise the powers set out in subsection 154(3) and section 155; (iii) to seize the evidential material;
173(4) Offence-related warrants
174 Offence-related warrants by telephone, telex, fax etc.
Inspector may apply for warrant by telephone, telex, fax or other electronic means.
174(1) Offence-related warrants by telephone, telex, fax etc.
Inspector considers it necessary to apply for warrant
Classification of inspector's action as permission
Magistrate may require voice communication for warrants.
174(2) Offence-related warrants by telephone, telex, fax etc.
Requires magistrate to request voice communication.
Inspector must prepare information before applying for warrant.
174(3) Offence-related warrants by telephone, telex, fax etc.
175 Offences relating to warrants
Inspection must not make false or misleading statements in warrant applications.
175(1) Offences relating to warrants
Inspection must not make false or misleading statements.
Inspector must not perform certain actions
175(2) Offences relating to warrants
176 Part not to abrogate privilege against self-incrimination
Regulator and Minister have power to impose conditions.
177 Part does not limit power to impose conditions
Regulator has power to impose conditions.
Minister has power to impose conditions.
178 Simplified outline
List of reviewable decisions and eligible persons
179 Meaning of terms
To refuse to consider an application on the basis that the applicant is not a suitable person to hold a licence
No punishment for offence under this Act if already punished under corresponding State law.
18 No doubling-up of liabilities
If A implies B, and A is true, then B is true.
180 Notification of decisions and review rights
notice in writing containing terms, reasons, and review rights
Regulator must notify eligible persons of reviewable decisions.
180(1) Notification of decisions and review rights
No effect on decision validity if requirements not met.
180(2) Notification of decisions and review rights
181 Internal review
Eligible person may apply for internal review of a decision.
181(1) Internal review
Application for internal review must be made within a specified period.
181(2) Internal review
(2) An application for internal review must be made within 30 days...
Application for internal review is an obligation for the Regulator.
Application for internal review is an obligation that must be fulfilled by the Regulator.
The Regulator must review a decision personally upon receiving an application.
181(3) Internal review
The Regulator must review a decision personally.
Regulator's decision on reviewable decision
181(4) Internal review
Regulator must notify applicant within specified period
182 Deadlines for making reviewable decisions
Regulator has a duty to notify applicant
183 Review of decisions by Administrative Review Tribunal
Eligible person may apply for review of Regulator's decisions.
183(1) Review of decisions by Administrative Review Tribunal
Eligible person has a right to apply for review.
Definition of decision for review purposes
183(2) Review of decisions by Administrative Review Tribunal
183A Extended standing for judicial review
183A(1) Extended standing for judicial review
...in relation to... (c) conduct engaged in for the purpose of making a decision...
(a) a decision made under this Act or the regulations;
...the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for...
(1) This section extends (and does not limit)...
...the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977
(1) This section extends (and does not limit) the meaning...
A State is taken to be a person aggrieved by the decision, failure or conduct.
183A(2) Extended standing for judicial review
A term used in this section and the Administrative Decisions (Judicial Review) Act 1977 has the same meaning.
183A(3) Extended standing for judicial review
Same meaning as in the Administrative Decisions (Judicial Review) Act 1977.
(3) A term used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.
184 Application for protection of confidential commercial
Declaration of confidential commercial information
184(1) Application for protection of confidential commercial
184(2) Application for protection of confidential commercial
185 Regulator may declare that information is confidential
Regulator must declare confidential information if it has commercial value.
185(1) Regulator may declare that information is confidential
Regulator must declare confidential information.
Regulator must declare information confidential if public interest in disclosure outweighs prejudice.
185(2) Regulator may declare that information is confidential
Regulator has an obligation to declare information confidential.
Must declare non-confidentiality of GMO field trial locations
185(2A) Regulator may declare that information is confidential
Obligation to declare non-confidentiality
186 Revocation of declaration
Revocation of declaration under section 185
186(1) Revocation of declaration
Review rights must be exhausted before revocation takes effect.
186(2) Revocation of declaration
Obligation to exhaust review rights before revocation.
Disclosing confidential commercial information is prohibited for certain individuals and entities.
187 Confidential commercial information must not be disclosed
and (d) to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:
Defines the temporal interval for which confidentiality is required.
(c) knows that the information is confidential commercial information;
or (iv) a natural person or legal person;
Recognizes the artificial intelligence system that can process confidential commercial information.
(iii) an artificial intelligence system;
must not disclose the information except...
Prohibits disclosure of confidential commercial information.
Diffuses the requirement that confidential commercial information must not be disclosed.
(i) the Commonwealth or a Commonwealth authority;
or (vi) a natural person or legal person;
Validates the shape of the data that contains confidential commercial information.
(v) a data set containing confidential commercial information;
188 Conduct by directors, employees and agents
Director, employee or agent's actual or apparent authority and state of mind
Establishing state of mind of a body corporate in relation to conduct
188(1) Conduct by directors, employees and agents
Body corporate liable for conduct of directors, employees, and agents within scope of their authority.
188(2) Conduct by directors, employees and agents
Establishing state of mind for employees or agents
188(3) Conduct by directors, employees and agents
Employee or agent had actual or apparent authority
Establishes liability for conduct by employees or agents within the scope of their actual or apparent authority.
188(4) Conduct by directors, employees and agents
No imprisonment for certain offenses if convicted by a non-corporate person
188(5) Conduct by directors, employees and agents
the person is not liable to be punished by imprisonment for that offence
Temporal overlap between conviction and offense
(a) a person other than a body corporate is convicted of an offence
(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted
Diffusion of information about offense conviction
Temporal relationship between conviction and offense
189 Meaning of terms
189(1) Meaning of terms
Includes references to knowledge, intention, opinion, belief or purpose
(1) A reference in subsection 188(1) or (3) to the state of mind of a person includes a reference to:
Definition of director for a body corporate incorporated for a public purpose
189(2) Meaning of terms
Reference to failing or refusing to engage in conduct is included.
189(3) Meaning of terms
Inclusion of failing/refusing to engage in conduct.
Subclass relationship between 'conduct' and 'failing/refusing to engage in conduct'.
Defines ancillary offence relating to Act or regulations
189(4) Meaning of terms
...that relates to this Act or the regulations.
(4) A reference in section 188 to an ancillary offence relating to this Act or the regulations is a reference to an offence...
Definition of ancillary offence using CogAI logic
Definition of ancillary offence using diffusion logic
19 Review of certain decisions
Conditional commencement of Financial Framework Legislation Amendment Act (No. 1) 2006
19 Dec
Conditional commencement of Acts Interpretation Amendment Act 2011
19 Feb
Application for review of a reviewable State decision.
19(1) Review of certain decisions
Decision made by Regulator is reviewable if certain conditions are met.
19(2) Review of certain decisions
is a reviewable State decision for the purposes of this section.
Decision overlaps with other reviewable decisions.
(b) the decision is declared by the regulations...
Regulator's obligation implies a duty to review decisions.
Regulator has an obligation to review decisions.
Regulator's obligation diffuses to other entities.
Administrative Review Tribunal Act 2024 has effect as if a corresponding State law were an Act.
19(3) Review of certain decisions
The section applies during the commencement of the Act.
Describes the temporal relationship between the section and the commencement of the Act.
(3) For the purposes of this section, the Administrative Review Tribunal Act 2024 has effect as if a corresponding State law were an Act.
The section has a cognitive effect on the Administrative Review Tribunal Act 2024.
Describes the cognitive relationship between the section and the Administrative Review Tribunal Act 2024.
The Administrative Review Tribunal Act 2024 has effect as if a corresponding State law were an Act.
Imposes obligation on State to have effect as if a corresponding law were an Act.
The section diffuses during the commencement of the Act.
190 Transitional provision—dealings covered by Genetic
Dealing with GMO during transition period must comply with advice to proceed.
190(1) Transitional provision—dealings covered by Genetic
Dealing time is during transition period
Dealing time is before commencement of Part 4
Transitional provision for dealings covered by Genetic Act
190(2) Transitional provision—dealings covered by Genetic
190(3) Transitional provision—dealings covered by Genetic
The transitional period is defined as the period of 2 years beginning at the commencement of Part 4 of this Act.
Regulations may be made in relation to transitional matters arising from the enactment of this Act.
191 Regulations may relate to transitional matters
Prohibition on providing false or misleading information
192 False or misleading information or document
192A Interference with dealings with GMOs
Interfering with dealings with GMOs without consent is prohibited.
192A(1) Interference with dealings with GMOs
Prohibition of interfering with dealings with GMOs.
The person intends to prevent or hinder authorised GMO dealings.
Prohibition of damaging, destroying, or interfering with premises at which dealings with GMOs are being undertaken.
The conduct involves damaging, destroying, or interfering with premises at which dealings with GMOs are being undertaken.
Prohibition of removing a thing from premises at which dealings with GMOs are being undertaken.
The conduct involves removing a thing from premises at which dealings with GMOs are being undertaken.
Prohibition of interfering with things at or removing them from premises at which dealings with GMOs are being undertaken.
The conduct involves damaging, destroying, or interfering with a thing at, or removing a thing from, premises.
Authorised GMO dealings must be undertaken at premises or facility
192A(2) Interference with dealings with GMOs
Authorised GMO dealings are a type of dealings with GMOs
authorised GMO dealings, in relation to premises or a facility,
Governor-General may make regulations for carrying out or giving effect to the Act.
193 Regulations
194 Review of operation of Act
Independent review of Act's operation to be undertaken after fourth anniversary.
194(1) Review of operation of Act
A person undertaking a review must give the Ministerial Council a written report.
194(2) Review of operation of Act
(2) A person who undertakes such a review must give the Ministerial Council a written report of the review.
The Ministerial Council will receive a written report.
Implication of reporting on review operation
(2) A person who undertakes such a review must give the Ministerial Council a written report.
A person who undertakes such a review must give the Ministerial Council a written report.
Minister must cause report to be tabled in Parliament within 12 months.
194(3) Review of operation of Act
Minister must cause report to be tabled.
Defines independent review under the Act.
194(4) Review of operation of Act
The provision is an undertaking to undertake a review by persons with appropriate qualifications.
Classifies the legal effect of the provision.
The provision defines independent review under the Act.
2 Commencement
Commences on a specific day after Royal Assent.
2(1) Commencement
The commencement date is before the Act's effective date.
Establishes temporal relationship with Act's commencement
(1) Sections 1 and 2 of this Act commence on the day on which this Act receives the Royal Assent.
Sections 1 and 2 of this Act commence on the specified day.
Commencement of other provisions subject to subsection (3)
2(2) Commencement
Requires a relation between identifiable temporal intervals
Fixed day or days to be fixed by Proclamation
2(3) Commencement
Specifies the temporal interval for commencement
Validity of licenses/certificates not affected by concurrent purposes
20 Things done for multiple purposes
Obligation to comply with the Act despite concurrent purposes
21 Ministerial Council may issue policy principles
Amendment of certain sections of the Australia New Zealand Food Authority Act 1998
21 Dec
Ministerial Council may issue policy principles.
21(1) Ministerial Council may issue policy principles
Must be satisfied that policy principle was developed in accordance with section 22 before issuing.
21(2) Ministerial Council may issue policy principles
Ministerial Council must issue policy principle
Policy principle was developed in accordance with section 22
Regulations must not derogate from health and safety of people or environment.
21(3) Ministerial Council may issue policy principles
Consultation on policy principles required
22 Consultation on policy principles
(1) Policy principles are to be developed in consultation with...
Ministerial Council may issue policy guidelines.
23 Ministerial Council may issue policy guidelines
23 June
Legislation history for Gene Technology Act 2000
23 June 2008 (s 2(1)
Commencement of Gene Technology Act 2000
23 Mar
24 Ministerial Council may issue codes of practice
Ministerial Council may issue codes of practice in relation to gene technology.
24(1) Ministerial Council may issue codes of practice
Must consult with certain groups before issuing a code of practice
24(2) Ministerial Council may issue codes of practice
(2) The Ministerial Council must not issue a code of practice unless...
Establishes the office of the Gene Technology Regulator and specifies its functions and powers.
25 Simplified outline
Establishment of Gene Technology Regulator
26 The Gene Technology Regulator
27 Functions of the Regulator
27 June
Consequential Amendments and Transitional Provisions
27 Dec 2011
The Regulator has power to do all things necessary or convenient for the performance of its functions.
28 Powers of the Regulator
Schedule 1 and Schedule 2 commencement dates
28 June
The Regulator has power to do all things necessary or convenient.
29 Delegation
Delegation of powers or functions to employees, departments, or state agencies.
29(1) Delegation
Delegate must comply with Regulator's directions.
29(2) Delegation
Protect health and safety of people and environment by regulating GMOs.
3 Object of Act
Protect health and safety of people and environment.
Regulator's discretion in GMO licence issuance and conditions
30 Independence of the Regulator
30 June
Dealing with GMOs unless authorized or exempt.
31 Simplified outline
31 May
(a) the person undertaking the dealing is authorised to do so by a GMO licence;
Classifies dealings with GMOs as prohibited
This Part prohibits dealings with GMOs unless...
(b) the dealing is a notifiable low risk dealing (see Division 2 of Part 6);
32 Person not to deal with a GMO without a licence
Dealing with a GMO without a licence is an offence.
32(1) Person not to deal with a GMO without a licence
Prohibits dealing with GMOs without a licence.
(a) the person deals with a GMO, knowing that it is a GMO;
(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;
(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;
(d) the dealing is not a notifiable low risk dealing, and the person knows or is reckless as to that fact;
(e) the dealing is not an exempt dealing, and the person knows or is reckless as to that fact;
Dealing with a GMO without a licence is prohibited.
32(2) Person not to deal with a GMO without a licence
Expresses the negative aspect of the prohibition.
32(3) Person not to deal with a GMO without a licence
(3) In this section: exempt dealing means a dealing specified by the regulations to be an exempt dealing.
Prohibition of dealing with GMO without a licence.
Classification of dealings as exempt or non-exempt.
Exemptions from regulations under subsection (3)
32(4) Person not to deal with a GMO without a licence
33 Person not to deal with a GMO without a licence—strict liability
33(1) Person not to deal with a GMO without a licence—strict liability
Dealing with GMOs is within the scope of the licence.
Deals with GMOs within the scope of the licence.
Dealing with a GMO without a licence implies an offence.
Implies that dealing with GMOs without a licence is an offence.
The licence recognises the condition for dealing with GMOs.
Recognises the licence as a condition for dealing with GMOs.
(b) the dealing with the GMO by the person is not authorised...
Dealing with GMOs without a licence spreads the prohibition.
Spreads the prohibition to dealing with GMOs without a licence.
(b) the dealing with the GMO by the person...
33(2) Person not to deal with a GMO without a licence—strict liability
Dealing with a GMO without a licence is prohibited during its existence
Defines the temporal scope of the prohibition.
Dealing with a GMO without a licence is prohibited NaturalPerson
Combines the prohibition with the subject.
Strict liability for dealing with GMO without a licence
33(3) Person not to deal with a GMO without a licence—strict liability
Prohibits dealing with GMO without a licence
(3) An offence under this section is punishable...
Dealing with GMOs without a licence is prohibited.
33(4) Person not to deal with a GMO without a licence—strict liability
Prohibition of dealing with GMOs without a licence.
34 Person must not breach conditions of a GMO licence
Breach of GMO licence conditions is an offence.
34(1) Person must not breach conditions of a GMO licence
Breach of licence conditions is an offence.
34(2) Person must not breach conditions of a GMO licence
Prohibits breach of GMO licence conditions.
34(3) Person must not breach conditions of a GMO licence
34(4) Person must not breach conditions of a GMO licence
35 Person must not breach conditions of a GMO licence—strict
Implication of breaching GMO licence conditions on committing an offence
The holder of a GMO licence commits an offence if the holder:
35A Person must not breach conditions of emergency dealing
Breach of emergency dealing conditions is an offence.
35A(1) Person must not breach conditions of emergency dealing
...the action or omission contravenes such a condition, and the person knows or is reckless as to that fact.
Prohibits breach of emergency dealing conditions.
Imposes obligation on individuals to comply with emergency dealing conditions.
...and the person knows or is reckless as to that fact.
Prohibits intentional breach of emergency dealing conditions.
(a) the person intentionally takes an action or omits to take an action;
Requires individuals to have knowledge of emergency dealing conditions.
(b) the person has knowledge of the conditions to which an emergency dealing determination is subject;
...and the action or omission contravenes such a condition, and the person knows or is reckless as to that fact.
Implicates a causal relationship between breach of emergency dealing conditions and committing an offence.
Breach of GMO dealing conditions is prohibited.
35A(2) Person must not breach conditions of emergency dealing
(2) An offence under this section is punishable...
35B Person must not breach conditions of emergency dealing
35B(1) Person must not breach conditions of emergency dealing
Breach of emergency dealing conditions is prohibited.
35B(2) Person must not breach conditions of emergency dealing
(2) Strict liability applies to paragraphs (1)(a) and (c).
35B(3) Person must not breach conditions of emergency dealing
Dealing with GMOs on the register is prohibited.
36 Person must not breach conditions on GMO Register
Prohibits dealing with GMOs on the register
Dealing with GMO without proper regulation is an offence.
37 Offence relating to notifiable low risk dealings
...the dealing by the person was not undertaken in accordance with the regulations.
Dealing with GMO without regulation overlaps with obligation to comply.
Prohibits dealing with GMO without regulation.
Dealing with GMO without regulation spreads information about non-compliance.
Dealing with GMO without regulation is a recurring obligation.
38 Aggravated offences—significant damage to health or safety of
Significant damage to health or safety of people or environment
38(1) Aggravated offences—significant damage to health or safety of
(commission of offence) -> (during significant damage)
The commission of the offence occurs during significant damage
(commission of offence) -> (significant damage)
(commission of offence) -> (by cognitive agent)
The commission of the offence is caused by a cognitive agent
(commission of offence) -> (cognitive agent)
If an offence causes significant damage, it is an aggravated offence
(commission of offence) -> (through people or environment)
The commission of the offence spreads through people or environment
(commission of offence) -> (people or environment)
(commission of offence) -> (until significant damage)
The commission of the offence continues until significant damage is caused
Intentional or reckless conduct causing significant damage to health or safety
38(2) Aggravated offences—significant damage to health or safety of
The person's conduct overlaps with the temporal interval of harm
Conduct causing significant damage overlaps with a temporal interval of harm
(a) intended his or her conduct to cause...
The person committed the offence with intent...
Intentional conduct creates an obligation to prevent harm
The person committed the offence with reckless disregard...
Reckless conduct creates an obligation to prevent harm
The person's conduct does not create a permission to cause harm
Reckless disregard for harm is not a permission to cause harm
The person's conduct repeats over the temporal interval of harm
Conduct causing significant damage repeats over time
39 Simplified outline
Conditions apply during the licence period
The licence holder is required to inform such persons of any conditions of the licence that apply to them.
A person other than the licence holder must be informed of conditions
Licence holder must inform others of conditions
Others must be informed by the licence holder
The application implies compliance with conditions
Application for a licence implies compliance with conditions
A person applies for a licence to deal with GMOs.
Regulatory framework must prevent environmental degradation despite lack of full scientific certainty.
4 Regulatory framework to achieve object
40 Person may apply for a licence
40(1) Person may apply for a licence
Application must be in writing and contain specified information.
40(2) Person may apply for a licence
Application must specify intentional release of GMO into environment
40(3) Person may apply for a licence
Permits dealings with GMOs or specified classes of GMOs.
40(4) Person may apply for a licence
Classifies dealings as permitted or not.
(4) The dealings in respect of which a person may apply for a licence
Applicant may apply for a licence authorising dealings by specified person or persons, class of person, or all persons.
40(5) Person may apply for a licence
Applicant requests permission to deal with specified person or persons, class of person, or all persons.
Permission to deal with specified persons or classes of persons.
40(6) Person may apply for a licence
40A Licences relating to inadvertent dealings
Regulator may treat person as having made an inadvertent dealings application with agreement.
40A(1) Licences relating to inadvertent dealings
Permission to treat person as having made an inadvertent dealings application.
Allowing application under section 40 for GMOs inadvertently possessed.
40A(2) Licences relating to inadvertent dealings
41 Application may be withdrawn
Application may be withdrawn at any time before licence is issued.
41(1) Application may be withdrawn
Application fee not refundable if withdrawn
41(2) Application may be withdrawn
Prohibits refund of application fee upon withdrawal
(2) The application fee is not refundable if the applicant withdraws the application.
42 Regulator may require applicant to give further information
Regulator may require applicant to give further information
42(1) Regulator may require applicant to give further information
Regulator may require applicant to give further information within a specified period.
42(2) Regulator may require applicant to give further information
Regulator may require applicant to give further information at any time before the Regulator decides the application.
42(3) Regulator may require applicant to give further information
Regulator may require information to be given under this section.
43 Regulator must consider applications except in certain
Must consider applications for a licence
43(1) Regulator must consider applications except in certain
Regulator must not consider application under certain conditions.
43(2) Regulator must consider applications except in certain
Regulator must consider application within a certain timeframe.
(d) the applicant did not provide further information required by the Regulator by notice under section 42 within the period specified in the notice...
Regulator must infer suitability of applicant.
(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.
Regulator is prohibited from considering the application.
(2) However, the Regulator is not required to consider the application...
Regulator must diffuse information about application.
Regulator must consider application repeatedly.
(e) the Regulator is satisfied that to issue the licence would be inconsistent with a policy principle in force under section 21...
Regulator must issue licence within prescribed period
43(3) Regulator must consider applications except in certain
Consultation with applicant or another agency before considering an application.
44 Regulator may consult with applicant
Regulator may consult applicant or another agency.
Regulator's obligation to consult with applicant.
Regulator must consider application before consulting applicant.
Regulator must not use confidential commercial information without consent.
45 Regulator must not use certain information in considering licence
unless the first person has given written consent.
Prohibition of using confidential information
Application for GMO licence must not involve intentional release into environment.
46 Applications to which this Division applies
No intentional release of GMO into environment.
Regulator's satisfaction required for GMO licence application
46A Division does not apply to an application relating to inadvertent
Regulator's satisfaction is conditional on the GMO being inadvertently obtained
The applicant came into possession of the GMO...
...the dealings proposed are limited to certain purposes
Regulator has an obligation to satisfy the conditions for a GMO licence application
47 What the Regulator must do in relation to application
Regulator must prepare risk assessment and plan before issuing licence.
47(1) What the Regulator must do in relation to application
Regulator must consider health and safety risks in risk assessment.
47(2) What the Regulator must do in relation to application
Regulator has a duty to consider health and safety risks.
Regulator must protect health and safety of people and environment in risk management plan.
47(3) What the Regulator must do in relation to application
Regulator must protect health and safety of people and environment.
Risk management plan is a type of plan that protects health and safety of people and environment.
Regulator may consult relevant parties for application
47(4) What the Regulator must do in relation to application
Application for GMO licence must involve intentional release into environment.
48 Applications to which this Division applies
Must be satisfied that at least one dealing would involve intentional release into environment.
49 Division does not apply to an application relating to inadvertent
GMO licence application is not affected by Division 48 during these times
Dealing types are restricted to specific time periods
Dealing types include experiments, propagation, growth, transportation, and other dealings
GMO licence application is allowed if Regulator is satisfied
Regulator's satisfaction is a prerequisite for GMO licence application
Regulator's satisfaction is a requirement
Intention of Parliament regarding national scheme
5 Nationally consistent scheme
5 Mar
50 Regulator must prepare risk assessment and risk management
Regulator must prepare risk assessment and risk management plan before issuing licence.
50(1) Regulator must prepare risk assessment and risk management
Regulator must prepare risk assessment and risk management plan.
Regulator must seek advice from various entities on preparation of risk assessment and risk management plan
50(3) Regulator must prepare risk assessment and risk management
Regulator seeks advice before the deadline
Regulator must seek advice within a certain timeframe
The Regulator has a deadline to prepare the risk assessment and risk management plan
Regulator seeks advice from AI-powered systems
The Regulator uses AI to inform its decision-making
Regulator seeks advice from relevant entities
Regulator is required to prepare risk assessment and risk management plan
Regulator seeks advice within the timeframe
Regulator's obligations are bounded by time
The Regulator has a limited timeframe to prepare the risk assessment and risk management plan
Regulator seeks advice from schema-based systems
Regulator's obligations are defined by schema
The Regulator is subject to schema-based regulations
50A Limited and controlled release applications
Regulator must be satisfied with application conditions before issuing a licence.
50A(1) Limited and controlled release applications
Regulator must be satisfied with application conditions.
Methods for restricting GMO dissemination or persistence in the environment.
50A(2) Limited and controlled release applications
Classifies controls as part of GMO regulations.
51 Matters Regulator must take into account in preparing risk
Regulator must consider specific factors when preparing risk assessment.
51(1) Matters Regulator must take into account in preparing risk
Regulator has a duty to consider specific factors.
Regulator must consider health and safety of people, environment, advice from State or local council, and Gene Technology Technical Advisory Committee.
51(2) Matters Regulator must take into account in preparing risk
Consider health and safety of people, environment...
52 Public notification of risk assessment and risk management plan
Notice in Gazette, newspapers, and website
Public notification of risk assessment and risk management plan is required.
52(1) Public notification of risk assessment and risk management plan
Risk assessment and risk management plan, written submissions
Public notification of risk assessment and risk management plan
52(2) Public notification of risk assessment and risk management plan
Seek advice from various entities on risk assessment and management plan
52(3) Public notification of risk assessment and risk management plan
Regulator has an obligation to seek advice
53 Regulator may take other actions
Regulator may take additional actions in deciding an application.
53(1) Regulator may take other actions
Regulator has the power to take additional actions.
Regulator may direct part of public hearing to be held in private.
53(2) Regulator may take other actions
54 Person may request copies of certain documents
54(1) Person may request copies of certain documents
Regulator must provide a copy of documents, except for confidential commercial information and relevant convictions.
54(2) Person may request copies of certain documents
Regulator is not required to provide confidential commercial information or relevant convictions
(2) If a person makes a request under subsection (1), the Regulator must provide to the person a copy of the documents, other than:
Regulator has an obligation to provide documents
Regulator must decide on licence and conditions
55 Regulator must make a decision on licence and licence conditions
56 Regulator must not issue the licence unless satisfied as to risk
Regulator must ensure risks can be managed to protect health and safety and the environment.
56(1) Regulator must not issue the licence unless satisfied as to risk
Risk management is required for dealing proposals.
Regulator must consider risks posed by dealings proposed to be authorised.
Dealing proposals are subject to risk assessment.
Regulator's decision is based on consideration of risks.
Regulator's decision implies consideration of risks.
Regulator has the power to issue licences.
Regulator uses knowledge to make a decision.
Regulator has access to information about risks.
Regulator must ensure risks can be managed.
Licence issuance is affected by regulator's decision.
Regulator's decision spreads to licence issuance.
Regulator must have regard to certain factors when issuing a licence.
56(2) Regulator must not issue the licence unless satisfied as to risk
Regulator's consideration of submissions and policy guidelines.
(c) any submissions received under section 52 in relation to the licence;
Regulator must have regard to certain factors.
57 Other circumstances in which Regulator must not issue the
Regulator must not issue licence if inconsistent with policy principle
57(1) Other circumstances in which Regulator must not issue the
Policy principle in force under section 21
Regulator must not issue licence unless suitable person is found.
57(2) Other circumstances in which Regulator must not issue the
Regulator's satisfaction is a temporal interval.
(2) The Regulator must not issue the licence unless the Regulator is satisfied that the applicant is a suitable person to hold the licence.
Regulator's satisfaction represents knowledge.
Regulator's satisfaction diffuses to applicants.
Regulator's satisfaction forms a temporal trace.
Regulator must not issue the Regulator must not issue the
57(3) Other circumstances in which Regulator must not issue the
58 Matters to be taken into account in deciding whether a person is
Regulator must consider certain factors when deciding whether a person is suitable to hold a licence.
58(1) Matters to be taken into account in deciding whether a person is
Regulator considers past convictions and licence revocations.
(b) any revocation or suspension of a licence...
Regulator must consider certain factors.
(1) Without limiting the matters to which the Regulator may have regard...
Regulator must consider certain factors when deciding whether a body corporate is suitable to hold a licence.
58(2) Matters to be taken into account in deciding whether a person is
(2) Without limiting the matters to which the Regulator may have regard...
Definition of relevant conviction for licence application
58(3) Matters to be taken into account in deciding whether a person is
relevant conviction means a conviction for an offence against a law of the Commonwealth, a State or a foreign country, being a law relating to the health and safety of people or the environment
(a) the offence was committed within the period of 10 years immediately before the making of the application for the licence;
Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914.
58(4) Matters to be taken into account in deciding whether a person is
(4) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914.
Excludes Part VIIC of the Crimes Act 1914 from being affected.
(4) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
Includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
Regulator must notify applicant of decision in writing.
59 Notification of licence decision
6 Act to bind the Crown
Conditional commencement of Gene Technology Amendment Act 2007
6 Apr
The Crown is bound by this Act in all its capacities.
6(1) Act to bind the Crown
The Crown is obligated to comply with this Act.
(1) This Act binds the Crown in each of its capacities.
This Act imposes an obligation on the Crown.
The Crown must comply with this Act if it is bound by this Act.
This Act implies an obligation on the Crown.
6(2) Act to bind the Crown
60 Period of licence
A licence continues in force until it is cancelled or surrendered.
60(1) Period of licence
(b) otherwise—until it is cancelled or surrendered.
Licence not in force during period of suspension
60(2) Period of licence
The period of suspension and the licence's effective period are disjoint temporal intervals.
(2) A licence is not in force throughout any period of suspension.
There does not exist a time t such that the licence is in force at t and the period of suspension is also in force at t.
A licence is not in force during the period of suspension.
60(3) Period of licence
Prohibits licence period exceeding 12 months
61 Licence is subject to conditions
62 Conditions that may be prescribed or imposed
Conditions that impose obligations in relation to GM products derived from a GMO.
62(1) Conditions that may be prescribed or imposed
...in relation to GM products that are derived from a GMO in respect of which particular dealings are licensed.
(1) Licence conditions may include conditions that impose obligations...
Conditions that may be prescribed or imposed on a licence
62(2) Conditions that may be prescribed or imposed
Documentation and record-keeping requirements.
(2) Licence conditions may relate to, but are not limited to...
Requires documentation and record-keeping
63 Condition about informing people of obligations
information about licence conditions and changes
Licence holder must inform certain individuals of licence conditions and changes.
63(1) Condition about informing people of obligations
Licence holder has a moral obligation to inform
Requirements for informing people of obligations may be prescribed by regulations or specified by the Regulator.
63(2) Condition about informing people of obligations
Measures may include labelling, packaging, training and information.
63(3) Condition about informing people of obligations
Comply with requirements if prescribed or specified
63(4) Condition about informing people of obligations
it is a condition of a licence that the licence holder comply with the requirements.
(4) If such requirements are prescribed or specified...
64 Condition about monitoring and audits
Allow Regulator or authorized person to audit or monitor dealing with GMO.
64(1) Condition about monitoring and audits
the person must allow the Regulator, or a person authorised by the Regulator, to enter premises...
Temporal interval for auditing or monitoring.
(1) It is a condition of a licence that if:
Must allow entry for auditing or monitoring.
(a) a person is authorised by the licence to deal with a GMO;
Conditions that may be imposed by the Regulator or prescribed by regulations are not limited.
64(2) Condition about monitoring and audits
Conditions are imposed during the Regulator's power
(2) Subsection (1) does not limit the conditions that may be imposed by the Regulator or prescribed by the regulations.
(2) Subsection (1) does not limit the conditions that may be imposed by the Regulator or prescribed by regulations.
65 Condition about additional information to be given to the
Inform Regulator of certain risks, contraventions, and unintended effects.
65(1) Condition about additional information to be given to the
Reckless disregard implies awareness of additional information or contraventions.
65(2) Condition about additional information to be given to the
(b) the licence holder is taken to have become aware...
(a) the licence holder is taken to have become aware...
A person covered by a licence may inform the Regulator about certain risks and contraventions.
66 Person may give information to Regulator
No civil liability for providing information
67 Protection of persons who give information
No civil liability implies obligation to provide information
Suspension or cancellation of GMO licence
68 Suspension and cancellation of licence
Licence holder must comply with regulations during overlapping time periods
Regulator may suspend or cancel licence during overlapping time periods
Regulator has authority to regulate GMO licences
Licence holder must comply with regulations if regulator believes licence conditions have been breached
Regulator's decision is based on reasonable grounds
Regulator's decision is based on available information
GMO licence holder must comply with regulations
Regulator may prohibit GMO licence suspension or cancellation
Licence holder may surrender licence with Regulator's consent.
69 Surrender of licence
This Act extends to every external Territory.
7 External Territories
The Act extends to every external Territory.
The Act applies to external Territories.
70 Transfer of licences
70(1) Transfer of licences
Permission to apply for licence transfer
Application must be in writing and contain certain information.
70(2) Transfer of licences
71 Variation of licence
Regulator may vary licence on its own initiative or at licence holder's request.
71(1) Variation of licence
Variation may occur at any time or on licence holder's request.
Regulator has permission to vary licence.
Regulator's initiative triggers licence variation.
Application for variation must be in writing and contain specified information.
71(1A) Variation of licence
Cannot vary a licence for intentional release of GMO into environment if application was originally considered under Division 3.
71(2) Variation of licence
Prohibition on varying licence for intentional release of GMO.
Application was originally considered under Division 3.
The Regulator must not vary a licence under certain conditions.
71(2A) Variation of licence
The Regulator must not vary a licence if...
Section 50A applies to an application that proposes controls and limits on the dissemination, persistence and release of the GMO concerned
Regulator's power to vary the license is restricted.
The application for variation proposes, in relation to any GMO...
Regulator must not vary licence unless certain conditions met
71(2B) Variation of licence
Regulator's decision to vary licence is conditional on risk assessment and management plan
(2B) If an application has been made for variation of a licence, the Regulator must not vary the licence...
Regulator's obligation to not vary licence
The Regulator may perform certain actions without limiting subsection (1)
71(3) Variation of licence
72 Regulator to notify of proposed suspension, cancellation or
Regulator must notify licence holder of proposed suspension, cancellation or variation.
72(1) Regulator to notify of proposed suspension, cancellation or
72(2) Regulator to notify of proposed suspension, cancellation or
Regulator must notify before suspension/cancellation.
(2) The notice: (a) must state that the Regulator proposes to suspend, cancel or vary the licence; and
Regulator may invite written submission.
(2) The notice: (a) 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
Must provide information within a specified period after receiving notice.
72(3) Regulator to notify of proposed suspension, cancellation or
Must provide information within a specified period.
Regulator must consider submissions when suspending, cancelling or varying a licence.
72(4) Regulator to notify of proposed suspension, cancellation or
Exemption from section 72(5) for licence holder requests
72(5) Regulator to notify of proposed suspension, cancellation or
Regulator must notify of proposed suspension, cancellation or variation.
72(6) Regulator to notify of proposed suspension, cancellation or
72(7) Regulator to notify of proposed suspension, cancellation or
72A Simplified outline
72B Minister may make emergency dealing determination
Minister may make emergency dealing determination
72B(1) Minister may make emergency dealing determination
(1) The Minister may, by legislative instrument (an emergency dealing determination), specify dealings with a GMO for the purposes of this Part.
Minister's authority to make emergency dealing determination
Permission to make emergency dealing determination
Emergency dealing determination propagation
Minister must make emergency dealing determination under specified conditions.
72B(2) Minister may make emergency dealing determination
Minister has an obligation to make emergency dealing determination.
72C Period of effect of emergency dealing determination
Defines the period of effect for an emergency dealing determination.
72C(1) Period of effect of emergency dealing determination
Emergency dealing determination ceases to have effect after 6 months or when revoked.
72C(2) Period of effect of emergency dealing determination
Extend period of effect of emergency dealing determination
72C(3) Period of effect of emergency dealing determination
Extension of emergency dealing determination period
72C(4) Period of effect of emergency dealing determination
The Minister may extend the period of effect of an emergency dealing determination under certain conditions.
72C(5) Period of effect of emergency dealing determination
The extension occurs during the same time period as the original determination.
The Minister can extend the period of effect under certain conditions.
72C(6) Period of effect of emergency dealing determination
Defines period of effect for emergency dealing determination
72C(7) Period of effect of emergency dealing determination
72D Emergency dealing determination authorises dealings, subject
Authorises dealings with GMO subject to conditions
72D(1) Emergency dealing determination authorises dealings, subject
Conditions for emergency dealing determination
72D(2) Emergency dealing determination authorises dealings, subject
72E Variation, suspension and revocation of emergency dealing
Variation of emergency dealing determination conditions
72E(1) Variation, suspension and revocation of emergency dealing
Minister may revoke emergency dealing determination under certain conditions.
72E(2) Variation, suspension and revocation of emergency dealing
Risk to health and safety or environment associated with continuation of dealings overlaps with threat to which emergency dealing determination relates.
The Minister becomes aware of risks to the health and safety of people, or to the environment, associated with the continuation of the dealings authorised by the emergency dealing determination.
Minister recognizes risk to health and safety or environment associated with continuation of dealings.
Minister may revoke emergency dealing determination.
Risk to health and safety or environment associated with continuation of dealings.
Risk to health and safety or environment associated with continuation of dealings will diffuse over time.
The Minister is satisfied that the threat to which the emergency dealing determination relates: (i) no longer exists; or (ii) is no longer sufficiently actual or imminent as to require the determination to be in force to address that threat.
Risk to health and safety or environment associated with continuation of dealings will eventually cease to exist.
The Minister is satisfied that adequate measures to address those risks are not able to be implemented.
Minister cannot vary, suspend or revoke emergency dealing determination without consulting States.
72E(3) Variation, suspension and revocation of emergency dealing
Prohibition of varying, suspending or revoking emergency dealing determination.
Variation, suspension or revocation of emergency dealing determination takes effect on specified day.
72E(4) Variation, suspension and revocation of emergency dealing
on the day specified by the Minister in the variation, suspension or revocation.
(4) A variation, suspension or revocation of an emergency dealing determination
Minimum waiting period after variation, suspension or revocation of emergency dealing
72E(5) Variation, suspension and revocation of emergency dealing
30 days after the day on which the variation, suspension or revocation is made.
(5) The day specified as mentioned in paragraph (4)(b)
must not be earlier than 30 days after the day on which the variation, suspension or revocation is made.
Must not be earlier than a specified day
Establishes mechanism for regulating notifiable low risk dealings and dealings on the GMO Register.
73 Simplified outline
74 Notifiable low risk dealings
Declare dealing with GMO as notifiable low risk dealing.
74(1) Notifiable low risk dealings
The Regulator must be satisfied that a GMO dealing would not involve intentional release into the environment.
74(2) Notifiable low risk dealings
The satisfaction must be within a specific time frame.
The Regulator's satisfaction must be within a specific time frame.
(2) Before the Governor-General 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.
The satisfaction validates the classification of a dealing with a GMO.
The Regulator's satisfaction validates the classification of a dealing with a GMO.
The Regulator must be satisfied that the dealing would not involve the intentional release of a GMO into the environment.
The satisfaction prevents the intentional release of a GMO into the environment.
The Regulator's satisfaction prevents the intentional release of a GMO into the environment.
The satisfaction is valid until a certain condition is met.
The Regulator's satisfaction is valid until a certain condition is met.
Consideration of risk before declaring a GMO dealing notifiable low risk.
74(3) Notifiable low risk dealings
The Regulator's consideration is bounded by time.
Regulator must consider factors within a certain timeframe before declaring a GMO dealing notifiable low risk.
(3) Before the Governor-General makes regulations...
Regulator must consider certain factors before declaring a GMO dealing notifiable low risk.
74(4) Notifiable low risk dealings
75 Regulation of notifiable low risk dealings
76 GMO Register
76(1) GMO Register
The Regulator must maintain the GMO Register.
76(2) GMO Register
Allowance for computerized form of GMO Register
76(3) GMO Register
The GMO Register is kept during [start date] to [end date]
Indicates the time period for keeping the register
(3) The GMO Register may be kept in a computerised form.
It is permissible to keep the GMO Register in a computerized form
The GMO Register is kept until [end date]
Specifies the duration of keeping the register
Specify description and conditions of dealing with GMO in Register
77 Contents of Register
78 Regulator may include dealings with GMOs on GMO Register
Regulator may include dealings with GMOs on GMO Register if authorised by GMO licence or meets specific conditions.
78(1) Regulator may include dealings with GMOs on GMO Register
Dealing with a GMO is to be included on the GMO Register if it meets specific conditions.
(a) the dealing is, or has been, authorised by a GMO licence; or (b) the GMO concerned...
Regulator may include dealings with GMOs on GMO Register.
78(2) Regulator may include dealings with GMOs on GMO Register
78(3) Regulator may include dealings with GMOs on GMO Register
79 Regulator not to make determination unless risks can be
Regulator must not make determination unless risks can be assessed as minimal.
79(1) Regulator not to make determination unless risks can be
Regulator must consider certain information when making a determination.
79(2) Regulator not to make determination unless risks can be
Regulator's consideration is a temporal interval.
(2) For the purposes of subsection (1), the Regulator must have regard...
Regulator has an obligation to consider certain information.
Regulator must consider relevant matters when making a determination.
79(3) Regulator not to make determination unless risks can be
Regulator has an obligation to consider relevant matters.
8 Offences
Chapter 2 of the Criminal Code applies to all offences against this Act.
8(1) Offences
Offence punishable by penalty not exceeding specified amount
8(2) Offences
then: Preliminary Part 1 Section 8 Gene Technology Act 2000
Defines the temporal interval for the provision
a person who contravenes the section or subsection commits an offence punishable, on conviction, by a penalty not exceeding the specified penalty;
Recognizes the entity (person) involved in the provision
Defines the recurring trace for the provision
80 Variation of GMO Register
The Regulator may vary the GMO Register.
80(1) Variation of GMO Register
80(2) Variation of GMO Register
The removal of a dealing from the GMO Register occurs during the variation.
(2) A variation may remove a dealing from the GMO Register;
A dealing may be removed from the GMO Register.
Conditions on the GMO Register may be revoked or varied.
Revocation of conditions on the GMO Register
(2) A variation may revoke or vary conditions to which a dealing on the GMO Register is subject;
Additional conditions may be imposed on the GMO Register.
Imposition of additional conditions on the GMO Register
(2) A variation may impose additional conditions to which a dealing on the GMO Register is subject;
The revocation or variation of conditions occurs until the end of the variation.
81 Inspection of Register
Establishes a system for certifying facilities to specified containment levels.
82 Simplified outline
83 Application for certification
Application for certification of a facility to a particular containment level under this Division.
83(1) Application for certification
Application must be in writing and contain required information.
83(2) Application for certification
Application fee must be provided with application.
83(3) Application for certification
Regulator may certify facility to specified containment level
84 When the Regulator may certify the facility
85 Regulator may require applicant to give further information
Regulator may require applicant to provide further information.
85(1) Regulator may require applicant to give further information
Regulator's obligation to request additional information.
85(2) Regulator may require applicant to give further information
86 Conditions of certification
Regulator imposes conditions on certification
87 Variation of certification
The Regulator may vary the certification at any time.
87(1) Variation of certification
Regulator may impose additional conditions or remove/vary existing ones.
87(2) Variation of certification
Regulator has permission to impose conditions.
Suspension or cancellation of certification upon reasonable grounds
88 Suspension or cancellation of certification
Certification suspension or cancellation
Regulator may suspend or cancel certification
89 Regulator to notify of proposed suspension, cancellation or
Regulator must notify holder before suspending, cancelling or varying a certification.
89(1) Regulator to notify of proposed suspension, cancellation or
information relevant to the proposed suspension, cancellation or variation
Notice requirements for suspension, cancellation or variation of certification
89(2) Regulator to notify of proposed suspension, cancellation or
Regulator must notify holder of certification within a specified period.
89(3) Regulator to notify of proposed suspension, cancellation or
Regulator must notify holder of certification
Regulator must consider submissions when suspending, cancelling or varying a certification.
89(4) Regulator to notify of proposed suspension, cancellation or
Regulator has an obligation to consider submissions.
Exemption from section 89(5) for certification holders
89(5) Regulator to notify of proposed suspension, cancellation or
89(6) Regulator to notify of proposed suspension, cancellation or
89(7) Regulator to notify of proposed suspension, cancellation or
89A Transfer of certification
Joint application for transfer of certification
89A(1) Transfer of certification
89A(2) Transfer of certification
Regulator must ensure conditions continue to be met if certification is transferred.
89A(3) Transfer of certification
Regulator has a duty to ensure conditions continue to be met.
9 Simplified outline
90 Guidelines
The Regulator may issue technical or procedural guidelines.
90(1) Guidelines
Regulator may vary or revoke guidelines by written instrument.
90(2) Guidelines
Regulator's power to vary or revoke guidelines.
91 Application for accreditation
Application for accreditation of an organisation as an accredited organisation under this Division.
91(1) Application for accreditation
91(2) Application for accreditation
92 Regulator may accredit organisations
Regulator may accredit organisations as an accredited organisation.
92(1) Regulator may accredit organisations
Regulator must have regard to certain conditions when accrediting an organisation.
92(2) Regulator may accredit organisations
Organisation must be able to maintain the Institutional Biosafety Committee.
(b) if the organisation has established an Institutional Biosafety Committee—whether the organisation will be able to maintain...
Regulator must consider certain conditions.
(2) In deciding whether to accredit an organisation, the Regulator...
Organisation must have indemnity arrangements for its Institutional Biosafety Committee members.
(c) if the organisation has established an Institutional Biosafety Committee—whether the organisation has appropriate indemnity arrangements...
93 Regulator may require applicant to give further information
93(1) Regulator may require applicant to give further information
93(2) Regulator may require applicant to give further information
(2) The notice may specify the period within which the information is to be provided.
94 Conditions of accreditation
Accredited organisation must comply with conditions
Regulator imposes obligations on accredited organisations
Regulator has authority to impose conditions
95 Variation of accreditation
The Regulator may vary an accredited organisation's accreditation.
95(1) Variation of accreditation
Regulator may impose additional conditions or remove/vary existing conditions.
95(2) Variation of accreditation
Regulator may impose additional conditions.
Suspension or cancellation of accreditation
96 Suspension or cancellation of accreditation
Suspension or cancellation of accreditation occurs during the accreditation period.
The Regulator may, by notice in writing...
The accreditation of an organisation shall not be suspended or cancelled.
Prohibits suspension or cancellation of accreditation
97 Regulator to notify of proposed suspension, cancellation or
Regulator must notify holder before suspending, cancelling or varying accreditation.
97(1) Regulator to notify of proposed suspension, cancellation or
Regulator must notify holder of proposed suspension, cancellation or variation.
97(2) Regulator to notify of proposed suspension, cancellation or
Regulator must notify holder before suspension/cancellation/variation
Regulator must notify holder of accreditation within a specified period.
97(3) Regulator to notify of proposed suspension, cancellation or
Regulator must notify holder of accreditation.
Regulator must consider submissions when deciding to suspend, cancel or vary accreditation.
97(4) Regulator to notify of proposed suspension, cancellation or
Submission is a prerequisite for the Regulator's decision.
Regulator's decision must be made after considering submissions.
Decision to suspend, cancel or vary accreditation should occur after submission has been considered.
Submission is necessary for the Regulator's decision.
Regulator must consider submissions in a systematic and methodical way.
Regulator's decision should take into account submission.
Submission made under paragraph (2)(c) is relevant.
Submission is an essential consideration for the Regulator.
Regulator must consider submissions from all relevant parties.
Paragraph (2)(c) defines what constitutes a submission.
Regulator must consider submissions before making a decision.
98 Guidelines
Regulator may issue guidelines for accreditation
98(1) Guidelines
Establishment and maintenance of Institutional Biosafety Committees guidelines
98(2) Guidelines
The Regulator may vary or revoke the guidelines.
98(3) Guidelines
Establishment of Gene Technology Technical Advisory Committee and Gene Technology Ethics and Community Consultative Committee.
99 Simplified outline
Gene Technology Act 2000