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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
(Introduced by the Hon J. Scott, MLC)
Genetically Modified Material (Temporary
Prohibition) Bill 1999
A Bill for
An Act to regulate the possession, disposition, cultivation or release
of genetically modified material.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Genetically Modified Material
(Temporary Prohibition) Act 1999.
page 1
50--1
Genetically Modified Material (Temporary Prohibition) Bill 1999
s. 2
2. Commencement and duration
(1) This Act comes into operation 60 days after the date of Royal
Assent.
(2) Subject to subsection (3), this Act ceases to have effect 2 years
5 from the date on which it comes into operation.
(3) The Governor, by order published in the Gazette, may extend
the operation of this Act beyond the time provided for in
subsection (2) for a further period not exceeding 2 years.
3. Interpretation
10 In this Act --
"disposition" means --
(a) any physical transfer or parting with the possession
of; or
(b) any conveyance of part or all of a right, title, or
15 interest in,
any genetically modified material, whether or not for
valuable consideration;
"genetically modified material" means any plant material or
other organism whose genetic characteristics have been
20 altered by the deliberate introduction of other genetic
material that is not obtained or derived from the same
species of plant material or other organism into which it is
introduced, and includes any pollen or other matter
produced, naturally or not, by the plant material or other
25 organism subsequent to that introduction;
"Minister" the Minister to whom the administration of this Act
is committed by the Governor;
"person" includes an agent or instrumentality of the Crown;
page 2
Genetically Modified Material (Temporary Prohibition) Bill 1999
s. 4
"secure conditions" means --
(a) a building, or a dedicated part of it, in which research
or experiments can be conducted in a fully-isolated
environment; and
5 (b) the regime of an acceptable and recognized standard
that applies to, and is intended to ensure, the integrity
and safety of a fully-isolated environment within
such a building.
4. Limitations on use or dealing with genetically modified
10 material
(1) Except as this Act otherwise provides, the possession,
disposition, cultivation, or release of any genetically-modified
material by any person is prohibited.
Penalty: $10 000; or $50 000 in the case of a corporation.
15 (2) At the time at which this Act comes into operation,
subsection (1) does not apply to --
(a) a person who is otherwise in lawful possession of
genetically modified material;
(b) a crop containing genetically modified material that is
20 under cultivation but yet to be harvested,
(c) research or experiments involving the use, but not the
production or release, of genetically modified material
that have not been completed.
5. Approval to carry out research or experiments
25 (1) The Minister may approve the conduct of research or an
experiment in secure conditions that may produce, or will
involve the possession, disposition, or cultivation, but not the
release, of genetically modified material.
page 3
Genetically Modified Material (Temporary Prohibition) Bill 1999
s. 6
(2) A person seeking the Minister's approval must provide
information that --
(a) identifies the scope, purpose, and intent of the research
or experiment;
5 (b) nominates the person having the control or supervision
of the research or experiment;
(c) shows that the research or experiment will be conducted
at all times in secure conditions,
in a form, and to an extent, as the Minister may require.
10 (3) The Minister, in granting approval under subsection (1), may --
(a) attach conditions that apply before the research or
experiment is commenced, throughout its duration, or
subsequent to its completion;
(b) require the provision of reports to the Minister as to the
15 progress of the research or experiment;
(c) impose a time limit within which the research or
experiment is to be completed with or without provision
for an extension of that period.
(4) The decision of the Minister to grant or refuse approval is final
20 and without appeal.
6. Suspension or cancellation for non-compliance
(1) Where the Minister is satisfied that there has been, or there is
likely to be, a breach of any condition or requirement imposed
under section 5 (3), or for any reason there has been a failure to
25 maintain the secure conditions under which the research or
experiment is, or was, to be conducted, the Minister may
immediately suspend or cancel an approval given under section
5 (1) by written notice to the person nominated under section 5
(2) (b), and that person must comply with the requirements of
30 that notice.
page 4
Genetically Modified Material (Temporary Prohibition) Bill 1999
s. 7
(2) A notice given under subsection (1) may include a requirement
for the surrender to the Minister, or the destruction of,
genetically modified material used or produced under the
authority of an approval given under section 5 (1).
5 (3) A person who --
(a) fails to comply; or
(b) hinders or obstructs another person in the course of
complying,
with the requirements of a notice issued under this section
10 commits an offence.
Penalty: $50 000 and $5 000 for each day for a continuing
offence.
7. Approved research or experiments continued
(1) When this Act expires in accordance with section 2(2) or (3),
15 any approval granted under section 5 (1), and then in force,
continues to have effect.
(2) The provisions of this Act continue to apply to an approval to
which subsection (1) applies.
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