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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gene Technology (New South Wales)
Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Object of Act 2
4 Definitions 2
Part 2 The applied provisions
5 Application of Commonwealth gene technology laws to
this State 4
6 Modification of Commonwealth gene technology laws 4
7 Interpretation of Commonwealth gene technology laws 4
b00-088-p02.833
Gene Technology (New South Wales) Bill 2001
Contents
Page
Part 3 Functions and powers under applied provisions
8 Functions and powers of Commonwealth Regulator and
other authorities and officers 5
9 Delegations by the Commonwealth Regulator 5
Part 4 Offences
10 Object of this Part 6
11 Application of Commonwealth criminal laws to offences
against applied provisions 6
12 Functions and powers conferred on Commonwealth
officers and authorities relating to offences 7
13 No double jeopardy for offences against applied
provisions 7
Part 5 Administrative law
14 Application of Commonwealth administrative laws to
applied provisions 8
15 Functions and powers conferred on Commonwealth
officers and authorities 8
Part 6 Miscellaneous
16 Act to bind Crown 9
17 Things done for multiple purposes 9
18 Reference in Commonwealth law to a provision of
another law 9
19 Fees and other money 9
20 Regulations 9
21 Amendment of Federal Courts (State Jurisdiction)
Act 1999 No 22 10
Contents page 2
New South Wales
Gene Technology (New South Wales)
Bill 2001
No , 2001
A Bill for
An Act to apply the Gene Technology Act 2000 and the Gene Technology (Licence
Charges) Act 2000 of the Commonwealth as a law of this State; and for other
purposes.
Clause 1 Gene Technology (New South Wales) Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Gene Technology (New South Wales) Act 2001. 4
2 Commencement 5
This Act commences on a day or days to be appointed by 6
proclamation. 7
3 Object of Act 8
(1) The object of this Act is to adopt in this State a uniform Australian 9
approach to the regulation of genetically modified organisms. 10
(2) For that purpose, this Act: 11
(a) applies the Gene Technology Act 2000 and the Gene 12
Technology (Licence Charges) Act 2000 of the 13
Commonwealth as a law of this State, and 14
(b) makes provision to help ensure that the Commonwealth Acts 15
and the applied law of this State are administered on a uniform 16
basis by the Commonwealth as if they constituted a single law 17
of the Commonwealth. 18
4 Definitions 19
(1) In this Act: 20
applied provisions means the Commonwealth gene technology laws 21
that apply as a law of this State because of section 5, including any 22
modification under section 6. 23
Commonwealth Gene Technology Act means the Gene Technology 24
Act 2000 of the Commonwealth. 25
Commonwealth Licence Charges Act means the Gene Technology 26
(Licence Charges) Act 2000 of the Commonwealth. 27
Page 2
Gene Technology (New South Wales) Bill 2001 Clause 4
Preliminary Part 1
Commonwealth administrative laws means the following Acts and 1
regulations of the Commonwealth: 2
(a) the Administrative Appeals Tribunal Act 1975 (excluding Part 3
IVA), 4
(b) the Freedom of Information Act 1982, 5
(c) the Ombudsman Act 1976, 6
(d) the Privacy Act 1988, 7
(e) the regulations in force under any of those Acts. 8
Commonwealth Regulator means the Gene Technology Regulator 9
appointed under the Commonwealth Gene Technology Act. 10
Commonwealth gene technology laws means: 11
(a) the Commonwealth Gene Technology Act, and 12
(b) the Commonwealth Licence Charges Act, and 13
(c) all regulations, guidelines, principles, standards and codes of 14
practice in force under either of those Acts. 15
function includes duty. 16
modifications includes additions, omissions and substitutions. 17
(2) If an expression is defined in the Commonwealth Gene Technology 18
Act and is also used in this Act, the expression as used in this Act has, 19
unless the contrary intention appears, the same meaning as in that Act. 20
(3) In this Act, a reference to a Commonwealth Act includes a reference 21
to: 22
(a) that Commonwealth Act, as amended and in force for the time 23
being, and 24
(b) an Act enacted in substitution for that Act and, if it is amended, 25
as amended and in force for the time being. 26
Page 3
Clause 5 Gene Technology (New South Wales) Bill 2001
Part 2 The applied provisions
Part 2 The applied provisions 1
5 Application of Commonwealth gene technology laws to this State 2
(1) The Commonwealth gene technology laws, as in force for the time 3
being and as modified by or under this Act, apply as a law of this 4
State. 5
(2) Those Commonwealth gene technology laws so apply as if they 6
extended to matters in relation to which this State may make laws: 7
(a) whether or not the Commonwealth may make laws in relation 8
to those matters, and 9
(b) even though the Commonwealth gene technology laws provide 10
that they apply only to specified matters with respect to which 11
the Commonwealth may make laws. 12
6 Modification of Commonwealth gene technology laws 13
(1) The Commonwealth gene technology laws are modified for the 14
purposes of this Act by the omission of sections 192B, 192C and 15
192D the Gene Technology Act 2000 of the Commonwealth. 16
(2) The regulations under this Act may also modify the Commonwealth 17
gene technology laws for the purposes of this Act. 18
7 Interpretation of Commonwealth gene technology laws 19
(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a 20
law of this State in relation to the interpretation of the applied 21
provisions. That Act so applies as if the applied provisions were a 22
Commonwealth Act or were regulations or other instruments under a 23
Commonwealth Act, as the case requires. 24
(2) The Interpretation Act 1987 of New South Wales does not apply to the 25
applied provisions. 26
Page 4
Gene Technology (New South Wales) Bill 2001 Clause 8
Functions and powers under applied provisions Part 3
Part 3 Functions and powers under applied provisions 1
8 Functions and powers of Commonwealth Regulator and other 2
authorities and officers 3
The Commonwealth Regulator and other authorities and officers 4
referred to in the applied provisions have the same functions and 5
powers under the applied provisions as they have under the 6
Commonwealth gene technology laws, as those laws apply to the 7
Commonwealth. 8
9 Delegations by the Commonwealth Regulator 9
Any delegation by the Commonwealth Regulator under the 10
Commonwealth Gene Technology Act is taken to extend to, and have 11
effect for the purposes of, the corresponding provision of the applied 12
provisions. 13
Page 5
Clause 10 Gene Technology (New South Wales) Bill 2001
Part 4 Offences
Part 4 Offences 1
10 Object of this Part 2
(1) The object of this Part is to further the object of this Act by providing 3
for an offence against the applied provisions to be treated as if it were 4
an offence against a law of the Commonwealth. 5
(2) The purposes for which an offence is to be treated as mentioned in 6
subsection (1) include, for example (but without limitation): 7
(a) the investigation and prosecution of offences, and 8
(b) the arrest, custody, bail, trial and conviction of offenders or 9
persons charged with offences, and 10
(c) proceedings relating to a matter referred to in paragraph (a) or 11
(b), and 12
(d) appeals and review relating to criminal proceedings and to 13
proceedings of the kind referred to in paragraph (c), and 14
(e) the sentencing, punishment and release of persons convicted of 15
offences, and 16
(f) fines, penalties and forfeitures, and 17
(g) liability to make reparation in connection with offences, and 18
(h) proceeds of crime, and 19
(i) spent convictions. 20
11 Application of Commonwealth criminal laws to offences against 21
applied provisions 22
(1) The relevant Commonwealth laws apply as laws of this State in 23
relation to an offence against the applied provisions as if those 24
provisions were a law of the Commonwealth and not a law of this 25
State. 26
(2) For the purposes of a law of this State, an offence against the applied 27
provisions: 28
(a) is taken to be an offence against the laws of the 29
Commonwealth, in the same way as if those provisions were a 30
law of the Commonwealth, and 31
(b) is taken not to be an offence against the laws of this State. 32
Page 6
Gene Technology (New South Wales) Bill 2001 Clause 11
Offences Part 4
(3) Subsection (2) has effect for the purposes of a law of this State except 1
as provided by the regulations under this Act. 2
12 Functions and powers conferred on Commonwealth officers and 3
authorities relating to offences 4
(1) A Commonwealth law applying because of section 11 that confers on 5
a Commonwealth officer or authority a function or power in relation 6
to an offence against the Commonwealth gene technology laws also 7
confers on the officer or authority the same function or power in 8
relation to an offence against the corresponding provision of the 9
applied provisions. 10
(2) In performing a function or exercising a power conferred by this 11
section, the Commonwealth officer or authority must act as nearly as 12
practicable as the officer or authority would act in performing or 13
exercising the same function or power in relation to an offence against 14
the corresponding provision of the Commonwealth gene technology 15
laws. 16
13 No double jeopardy for offences against applied provisions 17
If: 18
(a) an act or omission is an offence against both the applied 19
provisions and an offence against the Commonwealth gene 20
technology laws, and 21
(b) the offender has been punished for that offence under those 22
Commonwealth laws, 23
the offender is not liable to be punished for the offence under the 24
applied provisions. 25
Page 7
Clause 14 Gene Technology (New South Wales) Bill 2001
Part 5 Administrative law
Part 5 Administrative law 1
14 Application of Commonwealth administrative laws to applied provisions 2
(1) The Commonwealth administrative laws apply as laws of this State to 3
any matter arising in relation to the applied provisions as if those 4
provisions were a law of the Commonwealth and not a law of this 5
State. 6
(2) For the purposes of a law of this State, a matter arising in relation to 7
the applied provisions: 8
(a) is taken to be a matter arising in relation to laws of the 9
Commonwealth in the same way as if those provisions were a 10
law of the Commonwealth, and 11
(b) is taken not to be a matter arising in relation to laws of this 12
State. 13
(3) Subsection (2) has effect for the purposes of a law of this State except 14
as provided by the regulations under this Act. 15
(4) Any provision of a Commonwealth administrative law applying 16
because of this section that purports to confer jurisdiction on a federal 17
court is taken not to have that effect. 18
(5) For the purposes of this section, a reference in a provision of the 19
Administrative Appeals Tribunal Act 1975 of the Commonwealth (as 20
that provision applies as a law of this jurisdiction) to the whole or any 21
part of Part IVA of that Act is taken to be a reference to the whole or 22
any part of that Part as it has effect as a law of the Commonwealth. 23
15 Functions and powers conferred on Commonwealth officers and 24
authorities 25
(1) A Commonwealth administrative law applying because of section 14 26
that confers on a Commonwealth officer or authority a function or 27
power also confers on the officer or authority the same function or 28
power in relation to a matter arising in relation to the applied 29
provisions. 30
(2) In performing a function or exercising a power conferred by this 31
section, the Commonwealth officer or authority must act as nearly as 32
practicable as the officer or authority would act in performing or 33
exercising the same function or power under the Commonwealth 34
administrative law. 35
Page 8
Gene Technology (New South Wales) Bill 2001 Clause 16
Miscellaneous Part 6
Part 6 Miscellaneous 1
16 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far 3
as the legislative power of Parliament permits, the Crown in all its 4
other capacities. 5
17 Things done for multiple purposes 6
The validity of a licence, certificate or other thing issued, given or 7
done for the purposes of the applied provisions is not affected only 8
because it was issued, given or done also for the purposes of the 9
Commonwealth gene technology laws. 10
18 Reference in Commonwealth law to a provision of another law 11
For the purposes of sections 11 and 14, a reference in a 12
Commonwealth law to a provision of that or another Commonwealth 13
law is taken to be a reference to that provision as applying because of 14
that section. 15
19 Fees and other money 16
All fees, penalties, fines and other money that, under this Act and the 17
applied provisions, are authorised or directed to be payable by or 18
imposed on any person (but not including an amount ordered to be 19
refunded to another person) must be paid to the Commonwealth. 20
20 Regulations 21
The Governor may make regulations, not inconsistent with this Act, 22
for or with respect to any matter that by this Act is required or 23
permitted to be prescribed or that is necessary or convenient to be 24
prescribed for carrying out or giving effect to this Act. 25
Page 9
Clause 21 Gene Technology (New South Wales) Bill 2001
Part 6 Miscellaneous
21 Amendment of Federal Courts (State Jurisdiction) Act 1999 No 22 1
The Federal Courts (State Jurisdiction) Act 1999 is amended by 2
inserting after paragraph (e) of the definition of relevant State Act in 3
section 3 the following paragraph: 4
(e1) Gene Technology (New South Wales) Act 2001, 5
Page 10
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