The object of this Act is to adopt in the Territory a uniform Australian approach to the regulation of genetically modified organisms. For that purpose, this Act: a) applies the Gene Technology Act 2000 and the Gene Technology (Licence Charges) Act 2000 of the Commonwealth as a law of the Territory; and b) makes provision to help ensure that the Commonwealth Acts and the applied law of the Territory are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth. The Regulations may modify the Commonwealth gene technology laws. Without limiting subsection(1), the Regulations may provide that the Commonwealth gene technology laws apply under section 6(1) as if an amendment to the Commonwealth gene technology laws made by a law of the Commonwealth and specified in the Regulations had not taken effect. Preliminary (1); Interpretation and operation of Act (2); The Gene Technology Regulator (3); Regulation of dealings with GMOs (4); Licensing system (5); Regulation of notifiable low risk dealings and dealings on the GMO Register (6); Certification and accreditation (7); The Gene Technology Technical Advisory Committee, the Gene Technology Community Consultative Committee and the Gene Technology Ethics Committee (8) Administration (9); Enforcement (10); Powers of inspection (11) Miscellaneous (12). Part 2 contains provisions to facilitate the conferral of functions and powers on the office of the Gene Technology Regulator, established under Part 3, pursuant to State legislation, in order to facilitate a nationally consistent regulatory scheme. It also contains provisions to enable the concurrent operation of certain State legislation in relation to GMOs, and gives the capacity for this Act to have a more limited operation when corresponding State legislation is in force. Functions of the Regulator are outlined in section 27. Part 3 deals with the regulation of dealings with GMOs. Part 4 prohibits dealings with GMOs unless a license to do so (granted under section 55) is obtained. Part 5 provides a licensing system under which a person can apply to the Regulator for a licence authorising dealings (intentional or unintentional release) with GMOs. Division 2 of Part 6 establishes a mechanism for the regulations to regulate certain dealings with GMOs that do not involve the intentional release of GMOs into the environment (notifiable low risk dealings). Division 3 of this Part establishes the GMO Register. Division 2 of Part 7 establishes a system under which the Regulator may certify facilities to specified containment levels in accordance with guidelines issued by the Regulator. Licence conditions can require that facilities be certified to specified containment levels. Part 8 provides for the establishment of the Technical Advisory Committee, the Gene Technology Community Consultative Committee and the Gene Technology Ethics Committee. Part 9 provides for various administrative matters. Part 10 enables the Regulator to give directions to a licence holder or to a person covered by a licence. Part 11 provides for powers of inspection in relation to monitoring and offences.
Australia · 2004-12-21