Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
Act —
“accredited organisation” means an
organisation accredited under Part 7 Division 3;
"Administrative Appeals Tribunal" means the
Administrative Appeals Tribunal established by the Administrative Appeals
Tribunal Act 1975 of the Commonwealth;
"aggravated offence" has the meaning given by
section 38;
"Commonwealth Act" means the Gene Technology
Act 2000 of the Commonwealth;
"Commonwealth authority" means the
following —
(a) a
body corporate established for a public purpose by or under a Commonwealth
Act; or
(b) a
company in which a controlling interest is held by any one of the following
persons, or by 2 or more of the following persons together —
(i)
the Commonwealth;
(ii)
a body covered by paragraph (a);
(iii)
a body covered by either of the above subparagraphs;
"Commonwealth Environment Minister" means the
Minister of State for the Commonwealth responsible for environment and
conservation;
"confidential commercial information" means
information declared by the Regulator to be
confidential commercial information under section 185;
"Consultative Committee" means the Gene Technology
Community Consultative Committee established by section 106 of the
Commonwealth Act;
"containment level", in relation to a facility,
means the degree of physical confinement of GMOs provided by the facility,
having regard to the design of the facility, the equipment located or
installed in the facility and the procedures generally used within the
facility;
"deal with", in relation to a GMO, means the
following —
(a)
conduct experiments with the GMO;
(b)
make, develop, produce or manufacture the GMO;
(c)
breed the GMO;
(d)
propagate the GMO;
(e) use
the GMO in the course of manufacture of a thing that is not the GMO;
(f)
grow, raise or culture the GMO; or
(g)
import the GMO,
and includes the
possession, supply, use, transport or disposal of the GMO for the purposes of,
or in the course of, a dealing mentioned in any of paragraphs (a) to (g);
"eligible person", in relation to a reviewable
decision, has the meaning given by section 179;
"environment" includes —
(a)
ecosystems and their constituent parts;
(b)
natural and physical resources; and
(c) the
qualities and characteristics of locations, places and areas;
"Ethics Committee" means the Gene Technology
Ethics Committee established by section 111 of the Commonwealth Act;
"evidential material" means any of the
following —
(a) a
thing with respect to which an offence against this Act or the regulations has
been committed or is suspected, on reasonable grounds, to have been committed;
(b) a
thing that there are reasonable grounds for suspecting will afford evidence as
to the commission of any such offence;
(c) a
thing that there are reasonable grounds for suspecting is intended to be used
for the purpose of committing any such offence;
"facility" includes, but is not limited to, the
following —
(a) a
building or part of a building;
(b) a
laboratory;
(c) an
aviary;
(d) a
glasshouse;
(e) an
insectary;
(f) an
animal house;
(g) an
aquarium or tank;
"gene technology" means any technique for the
modification of genes or other genetic material, but does not
include —
(a)
sexual reproduction;
(b)
homologous recombination; or
(c) any
other technique specified in the regulations for the purposes of this
paragraph;
"Gene Technology Account" means the
Gene Technology Account established by section 129 of the Commonwealth
Act;
"Gene Technology Agreement" means the
Gene Technology Intergovernmental Agreement made for the purposes of this Act
between the Commonwealth and at least 4 States, as in force from time to time;
"Gene Technology Technical Advisory Committee"
means the Gene Technology Technical Advisory Committee established by
section 100 of the Commonwealth Act;
"genetically modified organism" means
—
(a) an
organism that has been modified by gene technology;
(b) an
organism that has inherited particular traits from an organism
("the initial organism"), being traits that occurred in the initial organism
because of gene technology; or
(c)
anything declared by the regulations to be a genetically modified organism, or
that belongs to a class of things declared by the regulations to be
genetically modified organisms,
but does not
include —
(d) a
human being, if the human being is covered by paragraph (a) only because
the human being has undergone somatic cell gene therapy; or
(e) an
organism declared by the regulations not to be a genetically
modified organism, or that belongs to a class of organisms declared by the
regulations not to be genetically modified organisms;
"GMO" means a genetically modified organism;
"GMO licence" means a licence issued under
section 55;
"GMO Register" means the GMO Register established
by section 76 of the Commonwealth Act;
"GM product" means a thing (other than a GMO)
derived or produced from a GMO;
"Institutional Biosafety Committee" means a
committee established by an accredited organisation as an
Institutional Biosafety Committee;
"jurisdi"c"tion" means the following —
(a) a
State; or
(b) the
Commonwealth;
"licence holder" means the holder of a GMO
licence;
"Ministerial Council" means the
Ministerial Council within the meaning of the Gene Technology Agreement;
"notifiable low risk dealing" has the meaning
given by section 74;
"officer", in relation to the Commonwealth,
includes the following —
(a) a
Minister of the Crown in right of the Commonwealth;
(b) a
person who holds —
(i)
an office established by or under a Commonwealth Act;
(ii)
an appointment made under a Commonwealth Act; or
(iii)
an appointment made by the Governor-General or a Minister
of the Crown in right of the Commonwealth but not under a Commonwealth Act;
(c) a
person who is a member or officer of a Commonwealth authority;
(d) a
person who is in the service or employment of the Commonwealth or of a
Commonwealth authority, or is employed or engaged under a Commonwealth Act;
"organism" means any biological entity that
is —
(a)
viable;
(b)
capable of reproduction; or
(c)
capable of transferring genetic material;
"person covered by a GMO licence" means a person
authorised by a GMO licence to deal with a GMO;
"premises" includes the following —
(a) a
building;
(b) a
place (including an area of land);
(c) a
vehicle;
(d) a
vessel;
(e) an
aircraft;
(f) a
facility;
(g) any
part of premises (including premises referred to in paragraphs (a) to
(f));
"Record" means the Record of GMO and GM Product
Dealings mentioned in section 138 of the Commonwealth Act;
"Regulator" means the Gene Technology Regulator
appointed under section 118 of the Commonwealth Act;
"reviewable decision" has the meaning given by
section 179;
"State" includes the Australian Capital Territory
and the Northern Territory;
"State agency" means —
(a) the
Crown in right of Western Australia;
(b) a
Minister of the Crown in right of Western Australia;
(c) an
agency within the meaning of the Public Sector Management Act 1994 ;
(d) an
instrumentality of the State of Western Australia, including a body corporate
established for a public purpose by or under a law of the State of Western
Australia; or
(e) a
company in which a controlling interest is held by any one of the following
persons, or by 2 or more of the following persons together —
(i)
the Crown in right of Western Australia;
(ii)
a person or body covered by paragraph (b)
or (d);
(iii)
a body covered by any of the above subparagraphs;
"thing" includes a substance, and a thing in
electronic or magnetic form.
(2) If this Act
requires or permits the Ministerial Council to do a thing, the
Ministerial Council must do the thing in accordance with any requirements
specified in the Gene Technology Agreement.