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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
The compilation notes any repealed provisions.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