Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Purpose and short title
2. Commencement
3. Object of Act
4. Regulatory framework to achieve object
5. Nationally consistent scheme
6. Act to bind the Crown
7. External Territories
8. Offences
8A. Numbering
8B. Notes
8C. Outlines
PART 2 -- Interpretation and operation of Act
Division 1 -- Simplified outline
9. Simplified outline
Division 2 -- Definitions
10. Definitions
11. Meaning of intentional release of a GMO into the environment
12. Meaning of corresponding State law
12A. Meaning of reckless
Division 3 -- Operation of Act
13. Operation of Act
14. Wind-back of reach of Act
15. Relationship to other State laws
Division 4 -- Provisions to facilitate a nationally consistent scheme
Subdivision A -- General provisions
16. State laws may operate concurrently
17. Conferral of functions on Commonwealth officers and bodies
18. No doubling-up of liabilities
19. Review of certain decisions
20. Things done for multiple purposes
Subdivision B -- Policy principles, policy guidelines and codes of practice
21. Ministerial Council may issue policy principles
22. Consultation on policy principles
23. Ministerial Council may issue policy guidelines
24. Ministerial Council may issue codes of practice
PART 3 -- The Gene Technology Regulator
25. Simplified outline
26. The Gene Technology Regulator
27. Functions of the Regulator
28. Powers of the Regulator
29. Delegation
30. Independence of the Regulator
PART 4 -- Regulation of dealings with GMOs
Division 1 -- Simplified outline
31. Simplified outline
Division 2 -- Dealings with GMOs must be licensed
32. Person not to deal with a GMO without a licence
33. Person not to deal with a GMO without a licence -- strict liability offence
34. Person must not breach conditions of a GMO licence
35. Person must not breach conditions of a GMO licence -- strict liability offence
36. Person must not breach conditions on GMO Register
37. Offence relating to notifiable low risk dealings
38. Aggravated offences -- significant damage to health or safety of people or to the environment
PART 5 -- Licensing system
Division 1 -- Simplified outline
39. Simplified outline
Division 2 -- Licence applications
40. Person may apply for a licence
41. Application may be withdrawn
42. Regulator may require applicant to give further information
43. Regulator must consider applications except in certain circumstances
44. Regulator may consult with applicant
45. Regulator must not use certain information in considering licence application
Division 3 -- Initial consideration of licences for dealings not involving intentional release of a GMO into the environment
46. Applications to which this Division applies
47. What the Regulator must do in relation to application
Division 4 -- Initial consideration of licences for dealings involving intentional release of a GMO into the environment
48. Applications to which this Division applies
49. Dealings that may pose significant risks to the health and safety of people or the environment
50. Regulator must prepare risk assessment and risk management plan
51. Matters Regulator must take into account in preparing risk assessment and risk management plan
52. Public notification of risk assessment and risk management plan
53. Regulator may take other actions
54. Person may request copies of certain documents
Division 5 -- Decision on licence etc.
55. Regulator must make a decision on licence and licence conditions
56. Regulator must not issue the licence unless satisfied as to risk management
57. Other circumstances in which Regulator must not issue the licence
58. Matters to be taken into account in deciding whether a person is suitable to hold a licence
59. Notification of licence decision
60. Period of licence
Division 6 -- Conditions of licence
61. Licence is subject to conditions
62. Conditions that may be prescribed or imposed
63. Condition about informing people of obligations
64. Condition about monitoring and audits
65. Condition about additional information to be given to the Regulator
66. Person may give information to Regulator
67. Protection of persons who give information
Division 7 -- Suspension, cancellation and variation of licences
68. Suspension and cancellation of licence
69. Surrender of licence
70. Transfer of licence
71. Variation of licence
72. Regulator to notify of proposed suspension, cancellation or variation
Division 8 -- Annual charge
72A. GMO licence -- annual charge
PART 6 -- Regulation of notifiable low risk dealings and dealings on the GMO Register
Division 1 -- Simplified outline
73. Simplified outline
Division 2 -- Notifiable low risk dealings
74. Notifiable low risk dealings
75. Regulation of notifiable low risk dealings
Division 3 -- The GMO Register
76. The GMO Register
77. Contents of Register
78. Regulator may include dealings with GMOs on GMO Register
79. Regulator not to make determination unless risks can be managed
80. Variation of GMO Register
81. Inspection of Register
PART 7 -- Certification and accreditation
Division 1 -- Simplified outline
82. Simplified outline
Division 2 -- Certification
83. Application for certification
84. When the Regulator may certify the facility
85. Regulator may require applicant to give further information
86. Conditions of certification
87. Variation of certification
88. Suspension or cancellation of certification
89. Regulator to notify of proposed suspension, cancellation or variation
90. Guidelines
Division 3 -- Accredited organisations
91. Application for accreditation
92. Regulator may accredit organisations
93. Regulator may require applicant to give further information
94. Conditions of accreditation
95. Variation of accreditation
96. Suspension or cancellation of accreditation
97. Regulator to notify of proposed suspension, cancellation or variation
98. Guidelines
PART 8 -- The Gene Technology Technical Advisory Committee, the Gene Technology Community Consultative Group and the Gene Technology Ethics Committee
Division 1 -- Simplified outline
99. Simplified outline
Division 2 -- The Gene Technology Technical Advisory Committee
100. The Gene Technology Technical Advisory Committee
101. Function of the Gene Technology Technical Advisory Committee
102. Expert advisers
103. Remuneration
104. Members and procedures
105. Subcommittees
Division 3 -- The Gene Technology Community Consultative Committee
106. The Gene Technology Community Consultative Committee
107. Function of Consultative Committee
108. Membership
109. Remuneration
110. Regulations
110A. Subcommittees
Division 4 -- The Gene Technology Ethics Committee
111. The Gene Technology Ethics Committee
112. Function of the Gene Technology Ethics Committee
113. Expert advisers
114. Remuneration
115. Members and procedures
116. Subcommittees
PART 9 -- Administration
Division 1 -- Simplified outline
117. Simplified outline
Division 2 -- Appointment and conditions of Regulator
118. Appointment of the Regulator
119. Termination of appointment
120. Disclosure of interests
121. Acting appointment
122. Terms and conditions
123. Outside employment
124. Remuneration
125. Leave of absence
126. Resignation
Division 3 -- Money
127. Regulator may charge for services
128. Notional payments by the State
129. Gene Technology Account
130. Credits to Gene Technology Account
131. Recovery of amounts
132. Purposes of Account
Division 4 -- Staffing
133. Staff assisting the Regulator
134. Consultants
135. Seconded officers
Division 5 -- Reporting requirements
136. Annual report
136A. Quarterly reports
137. Reports to Parliament
Division 6 -- Record of GMO and GM product dealings
138. Record of GMO and GM product dealings
139. Inspection of Record
Division 7 -- Reviews of notifiable low risk dealings and exemptions
140. Regulator may review notifiable low risk dealings
141. Regulator may review exemptions
142. Regulator may give notice of consideration
143. What Regulator may do after consideration
144. Regulator not required to review matters
PART 10 -- Enforcement
145. Simplified outline
146. Regulator may give directions
147. Injunctions
148. Forfeiture
PART 11 -- Powers of inspection
Division 1 -- Simplified outline
149. Simplified outline
Division 2 -- Appointment of inspectors and identity cards
150. Appointment of inspectors
151. Identity card
Division 3 -- Monitoring powers
152. Powers available to inspectors for monitoring compliance
153. Monitoring powers
Division 4 -- Offence-related powers
154. Searches and seizures related to offences
155. Offence-related powers of inspectors in relation to premises
156. Use of equipment at premises
Division 5 -- Expert assistance
157. Expert assistance to operate a thing
Division 6 -- Emergency powers
158. Powers available to inspectors for dealing with dangerous situations
Division 7 -- Obligations and incidental powers of inspectors
159. Inspector must produce identity card on request
160. Consent
161. Details of warrant to be given to occupier etc.
162. Announcement before entry
163. Compensation for damage
Division 8 -- Power to search goods, baggage etc.
164. Power to search goods, baggage etc.
165. Seizure of goods
Division 9 -- General provisions relating to search and seizure
166. Copies of seized things to be provided
167. Occupier entitled to be present during search
168. Receipts for things seized
169. Retention of seized things
170. Magistrate may permit a thing to be retained
171. Disposal of goods if there is no owner or owner cannot be located
Division 10 -- Warrants
172. Monitoring warrants
173. Offence-related warrants
174. Offence-related warrants by telephone, telex, fax etc.
175. Offences relating to warrants
Division 11 -- Other matters
176. Part not to abrogate privilege against self-incrimination
177. Part does not limit power to impose licence conditions
PART 12 -- Miscellaneous
Division 1 -- Simplified outline
178. Simplified outline
Division 2 -- Review of decisions
179. Meaning of terms
180. Notification of decisions and review rights
181. Internal review
182. Deadlines for making reviewable decisions
183. Review of decisions by Administrative Appeals Tribunal
183A. Extended standing for judicial review
Division 3 -- Confidential commercial information
184. Application for protection of confidential commercial information
185. Regulator may declare that information is confidential commercial information
186. Revocation of declaration
187. Confidential commercial information must not be disclosed
Division 4 -- Conduct by directors, employees and agents
188. Conduct by directors, employees and agents
189. Meaning of terms
Division 5 -- Transitional provisions
190. Transitional provision -- dealings covered by Genetic Manipulation Advisory Committee advice to proceed
191. Regulations may relate to transitional matters
Division 6 -- Other
192. False or misleading information or document
192A. Interference with dealings with GMOs
192B. Ancillary offences (parties to offences, attempts, incitement or conspiracy)
193. Regulations: general
194. Review of operation of Act
PART 13 -- Consequential amendments
195. Agricultural and Veterinary Chemicals (Western Australia) Act 1995 amended
23A. Consultation with Gene Technology Regulator 112
[Assented to 9 June 2006]