a body corporate established for a public purpose by or under an Act;

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:

the Commonwealth;

a body covered by paragraph (a);

a body covered by either of the above subparagraphs.

confidential commercial information means information declared by the Regulator to be confidential commercial information under section 185.

containment level 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.

corresponding State law has the meaning given by section 12.

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.

deal with, in relation to a GMO, means the following:

conduct experiments with the GMO;

make, develop, produce or manufacture the GMO;

breed the GMO;

propagate the GMO;

use the GMO in the course of manufacture of a thing that is not the GMO;

grow, raise or culture the GMO;

import the GMO;

transport the GMO;

dispose of the GMO;

and includes the possession, supply or use of the GMO for the purposes of, or in the course of, a dealing mentioned in any of paragraphs (a) to (i).

eligible person, in relation to a reviewable decision, has the meaning given by section 179.

emergency dealing determination means a determination in force under section 72B.

environment includes:

ecosystems and their constituent parts; and

natural and physical resources; and

the qualities and characteristics of locations, places and areas.

Environment Minister means the Minister responsible for environment and conservation.

Ethics and Community Committee means the Gene Technology Ethics and Community Consultative Committee established by section 106.

evidential material means any of the following: 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; a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of any such offence; 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 building or part of a building; a laboratory; an aviary; a glasshouse; an insectary; an animal house; an aquarium or tank.

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;

a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of any such offence;

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 building or part of a building;

a laboratory;

an aviary;

a glasshouse;

an insectary;

an animal house;

an aquarium or tank.

gene technology means any technique for the modification of genes or other genetic material, but does not include: sexual reproduction; or homologous recombination; or any other technique specified in the regulations for the purposes of this paragraph.

sexual reproduction; or

homologous recombination; or

any other technique specified in the regulations for the purposes of this paragraph.

Gene Technology Agreement means the Gene Technology 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.

genetically modified organism means:

an organism that has been modified by gene technology; or

(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

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:

a human being, if the human being is covered by paragraph (a) only because the human being has undergone somatic cell gene therapy; or

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.

GM product means a thing (other than a GMO) derived or produced from a GMO.

higher education institution means an institution within the meaning of section 4 of the Higher Education Funding Act 1988, but does not include the Australian National University.

inadvertent dealings application means an application for a GMO licence to which Division 3 or 4 of Part 5 does not apply because of the operation of section 46A or 49.

Institutional Biosafety Committee means a committee established as an Institutional Biosafety Committee in accordance with written guidelines issued by the Regulator under section 98.

jurisdiction means the following: the Commonwealth; a State.

the Commonwealth;

a State.

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 includes the following: a Minister; a person who holds: an office established by or under an Act; or an appointment made under an Act; or an appointment made by the Governor-General or a Minister but not under an Act; a person who is a member or officer of a Commonwealth authority; a person who is in the service or employment of the Commonwealth or of a Commonwealth authority, or is employed or engaged under an Act.

a Minister;

a person who holds:

an office established by or under an Act; or

an appointment made under an Act; or

an appointment made by the Governor-General or a Minister but not under an Act;

a person who is a member or officer of a Commonwealth authority;

a person who is in the service or employment of the Commonwealth or of a Commonwealth authority, or is employed or engaged under an Act.

organism means any biological entity that is: viable; or capable of reproduction; or capable of transferring genetic material.

viable; or

capable of reproduction; or

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 building; a place (including an area of land); a vehicle; a vessel; an aircraft; a facility; any part of premises (including premises referred to in paragraphs (a) to (f)).

a building;

a place (including an area of land);

a vehicle;

a vessel;

an aircraft;

a facility;

any part of premises (including premises referred to in paragraphs (a) to (f)).

Record means the Record of GMO Dealings mentioned in section 138.

Regulator means the Gene Technology Regulator appointed under section 118.

reviewable decision has the meaning given by section 179.

State includes the Australian Capital Territory and the Northern Territory.

State agency means the following: the Crown in right of a State; a Minister of a State; a State Government Department; an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State; 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: the Crown in right of a State; a person or body covered by paragraph (b) or (d); a person or body covered by either of the above subparagraphs.

the Crown in right of a State;

a Minister of a State;

a State Government Department;

an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;

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:

the Crown in right of a State;

a person or body covered by paragraph (b) or (d);

a person or body covered by either of the above subparagraphs.

thing includes a substance, and a thing in electronic or magnetic form.

the Minister is requested by the State concerned to revoke the notice; or

the State law has been amended otherwise than as agreed by a majority of the members of the Ministerial Council (being a majority that includes the Commonwealth) under the Gene Technology Agreement; or

amendments of the State law have been agreed by a majority of the members of the Ministerial Council (being a majority that includes the Commonwealth) under the Gene Technology Agreement, and the State law has not been amended in accordance with that agreement within a reasonable period after the agreement.

to things done, or omitted to be done, by constitutional corporations;

to things done, or omitted to be done, in the course of constitutional trade or commerce;

to things done, or omitted to be done, by a person that may cause the spread of diseases or pests;

for purposes relating to the collection, compilation, analysis and dissemination of statistics;

to the Commonwealth and Commonwealth authorities;

to things authorised by the legislative power of the Commonwealth under paragraph 51(xxxix) of the Constitution, so far as it relates to the matters mentioned in paragraphs (a) to (e) of this subsection.

between Australia and places outside Australia; or

among the States; or

by way of the supply of services to the Commonwealth or to a Commonwealth authority.

a corresponding State law is in force in the notifying State at that time; and

a wind-back notice in relation to that State is in force at that time.

this Act applies as if paragraph 13(1)(c) (which deals with the spread of pests and diseases) had not been enacted;

this Act does not apply to a dealing with a GMO undertaken:

by a higher education institution or a State agency; or

by a person authorised to undertake the dealing by a licence held under the corresponding State law by a higher education institution or a State agency.

there is no corresponding State law in effect in relation to that State; and

either:

the State law relates specifically to dealings with GMOs; or

for the purposes of a decision under the State law as to whether or not a licence, authority or approval (however described) is granted under the State law, the State law distinguishes between dealings with GMOs and dealings with other things.

the Regulator or another officer of the Commonwealth;

a Commonwealth authority;

the Ethics and Community Committee;

the Gene Technology Technical Advisory Committee.

make any notations in the GMO Register that the Regulator considers necessary to identify entries that relate to dealings included on the Register as mentioned in subsection (3) or (4); and

make any notations in the Record of GMO Dealings that the Regulator considers necessary to identify entries that relate to information entered on the Record as mentioned in subsection (5).

an act or omission is an offence against this Act and is also an offence against a corresponding State law; and

(b) the offender has been punished for the offence under the corresponding State law;

the offender is not liable to be punished for the offence under this Act.

the law under which the decision was made provides for review by the Administrative Review Tribunal; and

the decision is declared by the regulations to be a reviewable State decision for the purposes of this section.

ethical issues relating to dealings with GMOs;

recognising areas, if any, designated under State law for the purpose of preserving the identity of one or both of the following:

GM crops;

non-GM crops;

for marketing purposes;

matters relating to dealings with GMOs prescribed by the regulations for the purposes of this paragraph.

the Gene Technology Technical Advisory Committee;

the Regulator;

the Ethics and Community Committee;

such Commonwealth and State agencies and such regulatory agencies as the Ministerial Council considers appropriate;

such industry groups as the Ministerial Council considers appropriate;

such environmental, consumer and other groups as the Ministerial Council considers appropriate.

the Gene Technology Technical Advisory Committee;

the Ethics and Community Committee;

such Commonwealth and State agencies and such regulatory agencies as the Ministerial Council considers appropriate;

such industry groups as the Ministerial Council considers appropriate;

such environmental, consumer and other groups as the Ministerial Council considers appropriate.

the person deals with a GMO, knowing that it is a GMO; and

the dealing with the GMO by the person is not authorised by a GMO licence, and the person knows or is reckless as to that fact; and

the dealing with the GMO is not specified in an emergency dealing determination, and the person knows or is reckless as to that fact; and

the dealing is not a notifiable low risk dealing, and the person knows or is reckless as to that fact; and

the dealing is not an exempt dealing, and the person knows or is reckless as to that fact; and

the dealing is not included on the GMO Register, and the person knows or is reckless as to that fact.

in the case of an aggravated offence— imprisonment for 5 years or 2,000 penalty units;

in any other case— imprisonment for 2 years or 500 penalty units.

all dealings with a GMO or with a specified class of GMOs; or

a specified class of dealings with a GMO or with a specified class of GMOs; or

one or more specified dealings with a GMO or with a specified class of GMOs.

the person deals with a GMO, knowing that it is a GMO; and

the dealing with the GMO by the person is not authorised by a GMO licence; and

the dealing with the GMO is not specified in an emergency dealing determination; and

the dealing is not a notifiable low risk dealing; and

the dealing is not an exempt dealing; and

the dealing is not included on the GMO Register.

in the case of an aggravated offence—200 penalty units;

in any other case—50 penalty units.

the holder intentionally takes an action or omits to take an action; and

the action or omission contravenes the licence, and the holder knows or is reckless as to that fact.

(a) the person intentionally takes an action or omits to take an action; and

the person has knowledge of the conditions of the licence; and

the action or omission contravenes a condition of the licence, and the person knows or is reckless as to that fact.

in the case of an aggravated offence— imprisonment for 5 years or 2,000 penalty units;

in any other case— imprisonment for 2 years or 500 penalty units.

takes an action or omits to take an action; and

the action or omission contravenes the licence.

(a) the person takes an action or omits to take an action; and

the action or omission contravenes the licence; and

the person has knowledge of the conditions of the licence.

in the case of an aggravated offence—200 penalty units;

in any other case—50 penalty units.

the person intentionally takes an action or omits to take an action; and

the person has knowledge of the conditions to which an emergency dealing determination is subject; and

the action or omission contravenes such a condition, and the person knows or is reckless as to that fact.

in the case of an aggravated offence—imprisonment for 5 years or 2,000 penalty units;

in any other case—imprisonment for 2 years or 500 penalty units.

the person takes an action or omits to take an action; and

the person has knowledge of the conditions to which an emergency dealing determination is subject; and

the action or omission by the person contravenes such a condition.

in the case of an aggravated offence—200 penalty units;

in any other case—50 penalty units.

deals with a GMO, knowing that it is a GMO; and

the dealing is on the GMO Register; and

the dealing contravenes a condition relating to the dealing that is specified in the GMO Register.

the person deals with a GMO, knowing that it is a GMO; and

the dealing is a notifiable low risk dealing; and

the dealing by the person was not undertaken in accordance with the regulations.

intended his or her conduct to cause significant damage to the health and safety of people or to the environment; or

was reckless as to whether that conduct would cause significant damage to the health and safety of people or to the environment.

such information as is prescribed by the regulations (if any); and

such information as is specified in writing by the Regulator.

all dealings with a GMO, or with a specified class of GMOs; or

a specified class of dealings with a GMO, or with a specified class of GMOs; or

one or more specified dealings with a GMO, or with a specified class of GMOs.

a specified person or persons; or

a specified class of person; or

all persons.

the application does not contain the information specified by the Regulator or prescribed by the regulations; or

the application does not satisfy subsection 40(3); or

the application is not accompanied by the application fee (if any) prescribed by the regulations; or

the applicant did not provide further information required by the Regulator by notice under section 42 within the period specified in the notice; or

the Regulator is satisfied that to issue the licence would be inconsistent with a policy principle in force under section 21; or

the Regulator is satisfied (having regard to the matters specified in section 58) that the applicant is not a suitable person to hold a licence.

the health and safety of people; and

the environment.

the States; and

the Gene Technology Technical Advisory Committee; and

relevant Commonwealth authorities or agencies; and

any local council that the Regulator considers appropriate; and

any other person the Regulator considers appropriate;

on any aspect of the application.

the States; and

the Gene Technology Technical Advisory Committee; and

each Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph; and

the Environment Minister; and

any local council that the Regulator considers appropriate.

the principal purpose of the application is to enable the licence holder, and persons covered by the licence, to conduct experiments; and

the application proposes, in relation to any GMO in respect of which dealings are proposed to be authorised:

controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and

limits on the proposed release of the GMO; and

the Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in subsection 50(3).

methods to restrict the dissemination or persistence of the GMO or its genetic material in the environment;

methods for disposal of the GMO or its genetic material;

data collection, including studies to be conducted about the GMO or its genetic material;

the geographic area in which the proposed dealings with the GMO or its genetic material may occur;

compliance, in relation to dealings with the GMO or its genetic material, with:

a code of practice issued under section 24; or

a technical or procedural guideline issued under section 27.

the scope of the dealings with the GMO;

the scale of the dealings with the GMO;

the locations of the dealings with the GMO;

the duration of the dealings with the GMO;

the persons who are to be permitted to conduct the dealings with the GMO.

must have regard to whether the applicant proposes that any or all of the following be authorised by, and done under, the licence:

testing hypotheses;

gaining scientific or technical knowledge;

gaining data for regulatory purposes, or for product development or marketing; and

may have regard to any other matter that the Regulator considers to be relevant.

the risks posed by those dealings, including any risks to the health and safety of people or risks to the environment, having regard to the matters prescribed by the regulations;

any advice in relation to the risk assessment provided by a State or a local council in response to a request under subsection 50(3);

any advice in relation to the risk assessment provided by the Gene Technology Technical Advisory Committee in response to a request under subsection 50(3);

any advice in relation to the risk assessment provided by a Commonwealth authority or agency in response to a request under subsection 50(3);

any advice in relation to the risk assessment provided by the Environment Minister in response to a request under subsection 50(3);

any other matter prescribed by the regulations for the purposes of this paragraph.

the means of managing any risks posed by those dealings in such a way as to protect:

the health and safety of people; and

the environment;

any advice in relation to the risk management plan provided by a State or a local council in response to a request under subsection 50(3);

any advice in relation to the risk management plan provided by the Gene Technology Technical Advisory Committee in response to a request under subsection 50(3);

any advice in relation to the risk management plan provided by a Commonwealth authority or agency in response to a request under subsection 50(3);

any advice in relation to the risk management plan provided by the Environment Minister in response to a request under subsection 50(3);

any other matter prescribed by the regulations for the purposes of this paragraph.

is not limited to considering submissions or advice mentioned in paragraphs (2)(b), (c), (d), (e) and (f); and

subject to section 45, may take into account other information, including, but not limited to, relevant independent research.

(a) in the Gazette; and

in one or more newspapers that the Regulator considers appropriate, having regard to the geographic area in which the dealings proposed to be authorised by the licence may occur; and

on the Regulator’s website.

state that a risk assessment and a risk management plan have been prepared in respect of dealings proposed to be authorised by the licence; and

state that a person may request further information about the risk assessment and the risk management plan under section 54; and

if the Regulator is satisfied that one or more dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—state that the Regulator is so satisfied; and

invite written submissions in relation to the risk assessment and the risk management plan; and

specify the closing date for submissions, which must not be earlier than:

if the notice states that the Regulator is satisfied that the dealings proposed to be authorised by the licence may pose a significant risk to the health and safety of people or to the environment—50 days after the date on which the notice was published; or

in any other case—30 days after the date on which the notice was published.

the States; and

the Gene Technology Technical Advisory Committee; and

each Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph; and

the Environment Minister; and

any local council that the Regulator considers appropriate.

an application to which this Division applies;

a risk assessment or a risk management plan prepared under section 50.

any confidential commercial information contained in the documents; and

any information contained in the documents about relevant convictions (within the meaning of section 58) of the applicant for the licence.

the health and safety of people; and

the environment.

the risk assessment prepared under section 47 or 50 in relation to the dealings;

the risk management plan prepared under section 47 or 50 in relation to the dealings;

any submissions received under section 52 in relation to the licence;

any policy guidelines in force under section 23 that relate to:

risks that may be posed by the dealings proposed to be authorised by the licence; or

ways of managing such risks so as to protect the health and safety of people or to protect the environment.

any relevant conviction of the person; and

any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State or a foreign country, being a law relating to the health and safety of people or the environment; and

the capacity of the person to meet the conditions of the licence.

any relevant conviction of the body corporate; and

if there is a relevant conviction of the body corporate:

whether the offence concerned was committed at a time when any person who is presently a director of the body corporate was a director; and

whether that offence was committed at a time when any officer or shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such an officer or shareholder; and

any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State or a foreign country, being a law relating to the health and safety of people or the environment; and

the capacity of the body corporate to meet the conditions of the licence.

the offence was committed within the period of 10 years immediately before the making of the application for the licence; and

the offence was punishable on conviction by a fine of $5,000 or more, or by a term of imprisonment of one year or more.

if the licence is expressed to be in force for a particular period—until the end of that period; or

otherwise—until it is cancelled or surrendered.

the scope of the dealings authorised by the licence;

the purposes for which the dealings may be undertaken;

variations to the scope or purposes of the dealings;

documentation and record-keeping requirements;

the required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels;

waste disposal requirements;

measures to manage risks posed to the health and safety of people, or to the environment;

data collection, including studies to be conducted;

auditing and reporting;

actions to be taken in case of the release of a GMO from a contained environment;

the geographic area in which the dealings authorised by the licence may occur;

requiring compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;

supervision by, and monitoring by, Institutional Biosafety Committees;

contingency planning in respect of unintended effects of the dealings authorised by the licence;

limiting the dissemination or persistence of the GMO or its genetic material in the environment.

the particular condition, including any variations of it;

the cancellation or suspension of the licence;

the surrender of the licence.

prescribed by the regulations; or

specified by the Regulator.

a person is authorised by the licence to deal with a GMO; and

a particular condition of the licence applies to the dealing by the person;

the person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.

becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings authorised by the licence; or

becomes aware of any contraventions of the licence by a person covered by the licence; or

becomes aware of any unintended effects of the dealings authorised by the licence.

the licence holder is taken to have become aware of additional information of a kind mentioned in subsection (1) if he or she was reckless as to whether such information existed; and

the licence holder is taken to have become aware of contraventions, or unintended effects, of a kind mentioned in subsection (1) if he or she was reckless as to whether such contraventions had occurred, or such unintended effects existed.

such information as is prescribed by the regulations (if any); and

such information as is specified in writing by the Regulator.

the health and safety of people; and

the environment.

the transfer takes effect on the date specified in the notice; and

the licence continues in force as mentioned in section 60; and

the licence is subject to the same conditions as those in force immediately before the transfer.

at any time, on the Regulator’s own initiative; or

on application by the licence-holder.

such information as is prescribed by the regulations (if any); and

such information as is specified in writing by the Regulator.

the Regulator is satisfied that the principal purpose of the licence as proposed to be varied is to enable the licence holder, and persons covered by the licence, to conduct experiments; and

the application for variation proposes, in relation to any GMO in respect of which dealings are proposed to be authorised as a result of the variation:

controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and

limits on the proposed release of the GMO; and

the Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in subsection 50(3).

the risk assessment and the risk management plan in respect of the original application for the licence; or

the risk assessment and the risk management plan in respect of an application for another licence, but only if that other licence was issued.

impose licence conditions or additional licence conditions; or

remove or vary licence conditions that were imposed by the Regulator; or

extend or reduce the authority granted by the licence.

the health and safety of people; and

the environment.

must state that the Regulator proposes to suspend, cancel or vary the licence; and

may require the licence holder to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and

may invite the licence holder to make a written submission to the Regulator about the proposed suspension, cancellation or variation.

must give the information referred to in paragraph (2)(b); and

may make a submission under paragraph (2)(c).

The period must not end earlier than 30 days after the day on which the notice was given.

the Minister has received advice from:

the Commonwealth Chief Medical Officer; or

the Commonwealth Chief Veterinary Officer; or

the Commonwealth Chief Plant Protection Officer; or

a person prescribed by the regulations;

that there is an actual or imminent threat to the health and safety of people or to the environment, and that the dealings proposed to be specified in the emergency dealing determination would, or would be likely to, adequately address the threat; and

the Minister is satisfied that there is an actual or imminent threat to the health and safety of people or to the environment, and that the dealings proposed to be specified in the emergency dealing determination would, or would be likely to, adequately address the threat; and

the Minister has received advice from the Regulator that any risks posed by the dealings proposed to be specified in the emergency dealing determination are able to be managed in such a way as:

to protect the health and safety of people; and

to protect the environment; and

the Minister is satisfied that any risks posed by the dealings proposed to be specified in the emergency dealing determination are able to be managed in such a way as:

to protect the health and safety of people; and

to protect the environment; and

the States have been consulted in relation to the making of the proposed emergency dealing determination.

a threat from the outbreak of a plant, animal or human disease;

a threat from a particular plant or animal, such as a pest or an alien invasive species;

a threat from an industrial spillage.

all dealings with a GMO or with a specified class of GMOs; or

a specified class of dealings with a GMO or with a specified class of GMOs; or

one or more specified dealings with a GMO or with a specified class of GMOs.

on the day on which the emergency dealing determination is made; or

on a later day that is specified in the emergency dealing determination.

subject to subsection (3), at the end of the period of 6 months starting when the emergency dealing determination takes effect; or

at the end of the period specified by the Minister in the emergency dealing determination; or

when the emergency dealing determination is revoked;

whichever occurs first.

the Minister has received advice from the original adviser in relation to the emergency dealing determination that the threat to which the determination relates still exists, and that the proposed extension would, or would be likely to, adequately address the threat; and

the Minister is satisfied that the threat still exists, and that the proposed extension would, or would be likely to, adequately address that threat; and

the Minister has received advice from the Regulator that any risks posed by the proposed extension are able to be managed in such a way as:

to protect the health and safety of people; and

to protect the environment; and

the Minister is satisfied that any risks posed by the proposed extension are able to be managed in such a way as:

to protect the health and safety of people; and

to protect the environment; and

a majority of jurisdictions agree to the extension.

the quantity of GMO in relation to which dealings are covered;

the scope of the dealings covered;

the purposes for which the dealings may be undertaken;

variations to the scope or purposes of the dealings;

the source of the GMO;

the persons who may deal with the GMO;

the information that is required to be given by a person and the person to whom that information is to be given;

obligations about informing the Regulator if:

a person becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings specified in the emergency dealing determination; or

a person becomes aware of any contraventions of the conditions to which the emergency dealing determination is subject by any person; or

a person becomes aware of any unintended effects of the dealings specified in the emergency dealing determination;

the storage and security of the GMO;

the required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels;

waste disposal requirements;

the manner in which any quantity of the GMO is to be dealt with if a condition of the emergency dealing determination is breached;

measures to manage risks posed to the health and safety of people, or to the environment;

data collection, including studies to be conducted;

auditing and reporting;

the keeping and disclosure of, and access to, records about the GMO;

actions to be taken in case of the release of a GMO from a contained environment;

the geographic area in which the dealings specified in the emergency dealing determination may occur;

requirements for compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;

supervision by, and monitoring by, Institutional Biosafety Committees;

contingency planning in respect of unintended effects of the dealings specified in the emergency dealing determination;

limiting the dissemination or persistence of the GMO or its genetic material in the environment;

any other matters that the Minister thinks appropriate.

a specified person or persons; or

a specified class of person.

a dealing with a GMO is specified in the emergency dealing determination; and

a particular condition of the emergency dealing determination applies to the dealing by a person;

the person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.

the Minister becomes aware of risks to the health and safety of people, or to the environment, associated with the continuation of the dealings authorised by the emergency dealing determination, and is satisfied that adequate measures to address those risks are not able to be implemented; or

the Minister is satisfied that the threat to which the emergency dealing determination relates:

no longer exists; or

is no longer sufficiently actual or imminent as to require the determination to be in force to address that threat; or

the Minister is no longer satisfied that the dealings specified in the emergency dealing determination adequately address the threat.

vary an emergency dealing determination (unless the variation is of a minor technical nature); or

suspend or revoke an emergency dealing determination;

unless the States have been consulted in relation to the variation, suspension or revocation, as the case requires.

if the Minister states in the variation, suspension or revocation that the variation, suspension or revocation is necessary to prevent imminent risk of death, serious illness, serious injury or serious environmental damage—on the day on which the variation, suspension or revocation is made; or

in any other case—on the day specified by the Minister in the variation, suspension or revocation.

whether the dealing with the GMO would involve any risk to the health and safety of people, or to the environment, taking into account:

the properties of the GMO as a pathogen or pest; and

the toxicity of any proteins produced by the GMO; and

if there is such a risk—whether one or more of the requirements prescribed in the regulations for the purposes of subsection 75(2) would be sufficient to manage that risk; and

any other matter the Regulator considers appropriate.

all dealings with a GMO or with a specified class of GMOs; or

a specified class of dealings with a GMO or with a specified class of GMOs; or

one or more specified dealings with a GMO or with a specified class of GMOs.

a specified notifiable low risk dealing; or

a specified class of notifiable low risk dealings;

for the purpose of protecting the health and safety of people or the environment.

the class of persons who may undertake notifiable low risk dealings;

notifying the Regulator of notifiable low risk dealings;

supervision by Institutional Biosafety Committees of notifiable low risk dealings;

the containment level of facilities in which notifiable low risk dealings may be undertaken.

the dealing is, or has been, authorised by a GMO licence; or

the GMO concerned:

is a GM product; and

(ii) is a genetically modified organism only because of regulations made under paragraph (c) of the definition of genetically modified organism.

on application by the holder of a licence that authorises the dealing; or

on the initiative of the Regulator.

that any risks posed by the dealing are minimal; and

that it is not necessary for persons undertaking the dealing to hold, or be covered by a GMO licence, in order to protect the health and safety of people or to protect the environment.

any data available to the Regulator about adverse effects posed by the dealing;

any other information as to risks associated with the dealing of which the Regulator is aware, including information provided to the Regulator by a licence holder under section 65 or by another person under section 66;

whether there is a need for the dealing to be subject to conditions;

any other information in relation to whether the dealing should be authorised by a GMO licence.

remove a dealing from the GMO Register; or

revoke or vary conditions to which a dealing on the GMO Register is subject; or

impose additional conditions to which a dealing on the GMO Register is subject.

impose additional conditions; or

remove or vary conditions that were imposed by the Regulator.

must state that the Regulator proposes to suspend, cancel or vary the certification; and

may require the holder of the certification to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and

may invite the holder of the certification to make a written submission to the Regulator about the proposed suspension, cancellation or variation.

must give the information referred to in paragraph (2)(b); and

may make a submission under paragraph (2)(c).

The period must not end earlier than 30 days after the day on which the notice was given.

such information as is prescribed by the regulations (if any); and

such information as is specified in writing by the Regulator.

the transfer takes effect on the date specified in the notice; and

the certification continues in force; and

the certification is subject to the same conditions as those in force immediately before the transfer.

whether the organisation has established an Institutional Biosafety Committee in accordance with written guidelines issued by the Regulator under section 98; and

if the organisation has established an Institutional Biosafety Committee—whether the organisation will be able to maintain the Institutional Biosafety Committee in accordance with such guidelines; and

if the organisation has established an Institutional Biosafety Committee—whether the organisation has appropriate indemnity arrangements for its Institutional Biosafety Committee members; and

if the organisation has not established an Institutional Biosafety Committee as mentioned in paragraph (a)—whether the organisation will be in a position to use an Institutional Biosafety Committee established by an accredited organisation; and

any other matters specified in such guidelines.

impose additional conditions; or

remove or vary conditions that were imposed by the Regulator.

must state that the Regulator proposes to suspend, cancel or vary the accreditation; and

may require the holder of the accreditation to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and

may invite the holder of the accreditation to make a written submission to the Regulator about the proposed suspension, cancellation or variation.

must give the information referred to in paragraph (2)(b); and

may make a submission under paragraph (2)(c).

The period must not end earlier than 30 days after the day on which the notice was given.

the States;

the Regulator;

such scientific, consumer, health, environmental and industry groups as the Minister considers appropriate;

such other Ministers as the Minister considers appropriate.

molecular biology;

ecology;

plant, microbial, animal or human genetics;

virology;

entomology;

agricultural or aquacultural systems;

biosafety engineering;

public health;

occupational health and safety;

risk assessment;

clinical medicine;

biochemistry;

pharmacology;

plant or animal pathology;

botany;

microbiology;

animal biology;

immunology;

toxicology;

an area specified by the regulations for the purposes of this paragraph.

term of appointment;

resignation;

disclosure of interests;

termination of appointment;

leave of absence.

procedures for convening meetings of the Committee; and

the constitution of a quorum for a meeting of the Committee; and

the way in which matters are to be resolved by the Committee; and

Committee records; and

reporting requirements, including, but not limited to, reports to the Regulator and to the public.

the States;

the Regulator;

such scientific, consumer, health, environmental and industry groups as the Minister considers appropriate;

such other Ministers as the Minister considers appropriate.

community consultation;

risk communication;

the impact of gene technology on the community;

issues relevant to businesses developing or using biotechnology;

issues relevant to gene technology research;

issues relevant to local government;

issues of concern to consumers;

law;

religious practices;

human health;

animal health and welfare;

primary production;

ethics;

environmental issues;

issues specified by the regulations for the purposes of this paragraph.

a person who is a member of the Gene Technology Technical Advisory Committee;

a person who is a member of the Australian Health Ethics Committee.

term of appointment;

resignation;

disclosure of interests;

termination of appointment;

leave of absence.

procedures for convening meetings of the Ethics and Community Committee;

the constitution of a quorum for a meeting of the Ethics and Community Committee;

the way in which matters are to be resolved by the Ethics and Community Committee;

Ethics and Community Committee records;

reporting requirements, including, but not limited to, reports to the Regulator and to the public.

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

fails to comply with his or her obligations under section 120; or

without the consent of the Minister, engages in any paid employment outside the duties of his or her office; or

is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

the Governor-General must terminate his or her appointment.

(a) an eligible employee for the purposes of the Superannuation Act 1976; or

(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

(c) an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

the Governor-General may, with the consent of the Regulator, retire the Regulator from office on the grounds of physical or mental incapacity.

the Regulator is removed or retired from office on the grounds of physical or mental incapacity; and

CSC gives a certificate under section 54C of that Act.

the Regulator is removed or retired from office on the grounds of physical or mental incapacity; and

CSC gives a certificate under section 13 of that Act.

the Regulator is removed or retired from office on the grounds of physical or mental incapacity; and

CSC gives an approval and certificate under section 43 of that Act.

(b) amounts equal to money from time to time received by the Commonwealth under the Gene Technology (Licence Charges) Act 2000;

amounts equal to fees received by the Commonwealth under subsections 40(6) and 83(3);

amounts equal to amounts received by the Commonwealth in connection with the performance of the Regulator’s functions under this Act, the regulations or a corresponding State law;

amounts equal to interest received by the Commonwealth from the investment of amounts standing to the credit of the Account;

amounts equal to money received by the Commonwealth in relation to property paid for with amounts standing to the credit of the Account;

amounts equal to amounts recovered by the Commonwealth under subsection 146(5) or 158(4), to the extent that they are referable to amounts debited from the Account;

amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.

to further the object of this Act (as set out in section 3); and

otherwise in connection with the performance of the Regulator’s functions under this Act, the regulations or a corresponding State law.

GMO licences issued during the financial year;

any breaches of conditions of a GMO licence that have come to the Regulator’s attention during the financial year;

emergency dealing determinations made by the Minister during the financial year;

any breaches of conditions of an emergency dealing determination that have come to the Regulator’s attention during the financial year;

auditing and monitoring of dealings with GMOs under this Act by the Regulator or an inspector during the financial year.

the name of the licence holder;

the persons covered by the licence;

the dealings authorised by the licence and the GMO to which those dealings relate;

any licence conditions;

the date on which the licence was issued, and its expiry date (if any).

the dealings specified in the emergency dealing determination and the GMO to which those dealings relate;

any conditions to which the emergency dealing determination is subject;

the date on which the emergency dealing determination takes effect;

the date on which the emergency dealing determination will cease to have effect.

the name of the person who notified the dealing;

such particulars of the dealing as are prescribed by the regulations for the purposes of this paragraph.

a description of each dealing on the GMO Register; and

any condition to which the dealing is subject.

whether a dealing with a GMO should be a notifiable low risk dealing;

whether an existing notifiable low risk dealing should no longer be a notifiable low risk dealing.

the matters of which the Regulator must be satisfied under subsection 74(2); or

the matters the Regulator must consider under subsection 74(3).

specify the matters to which submissions are to relate; and

specify the closing date for submissions, which must not be earlier than 30 days after the date on which the notice was published.

the States; and

the Gene Technology Technical Advisory Committee; and

each Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph.

the matter relates to whether a dealing should be a notifiable low risk dealing; and

the Regulator is satisfied as mentioned in subsection 74(2); and

the Regulator has considered the matters mentioned in subsection 74(3);

the Regulator may recommend to the Ministerial Council that the dealing be declared to be a notifiable low risk dealing.

the matter relates to whether an existing notifiable low risk dealing be reconsidered; and

after having had regard to the matters mentioned in section 74, the Regulator considers that the dealing should not be a notifiable low risk dealing;

the Regulator may recommend to the Ministerial Council that the regulations be amended accordingly.

should be an exempt dealing; or

should cease to be an exempt dealing;

the Regulator may recommend to the Ministerial Council that the regulations be amended accordingly.

a person who is appointed or employed by the Commonwealth;

a person who is appointed or employed by a State.

must be in the form prescribed by the regulations; and

must contain a recent photograph of the inspector.

enter any premises; and

exercise the monitoring powers set out in section 153.

the occupier of the premises has consented to the entry; or

the entry is made under a warrant under section 172; or

the occupier of the premises is a licence holder, or a person covered by a licence, and the entry is at a reasonable time; or

the occupier of the premises is a person dealing with, or who has dealt with, a GMO specified in an emergency dealing determination, and the entry is at a reasonable time.

to search the premises and any thing on the premises;

to inspect, examine, take measurements of, conduct tests on, or take samples of, any thing on the premises that relates to a GMO;

to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;

if the inspector was authorised to enter the premises by a warrant under section 172—to require any person in or on the premises to:

answer any questions put by the inspector; and

produce any book, record or document requested by the inspector;

to inspect any book, record or document on the premises;

to take extracts from or make copies of any such book, record or document;

to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

to secure a thing, until a warrant is obtained to seize it, being a thing:

that the inspector finds during the exercise of monitoring powers on the premises; and

that the inspector believes on reasonable grounds is evidential material; and

that the inspector believes on reasonable grounds would be lost, destroyed or tampered with before the warrant can be obtained.

the equipment; or

a disk, tape or other storage device that:

is at the premises; and

can be used with the equipment or is associated with it;

contains information that is relevant to determining whether there has been compliance with the Act or the regulations.

operate facilities at the premises to put the information in documentary form and copy the document so produced; or

if the information can be transferred to a tape, disk or other storage device that:

is brought to the premises; or

is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.

enter the premises, with the consent of the occupier or under a warrant issued under section 173; and

exercise the powers set out in subsection (3) and section 155; and

if the entry is under a warrant—seize the evidential material, if the inspector finds it on the premises.

in the course of searching, in accordance with a warrant, for a particular thing, an inspector finds another thing that the inspector believes on reasonable grounds to be evidential material; and

the inspector believes, on reasonable grounds, that it is necessary to seize that other thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence against this Act or the regulations;

the warrant is taken to authorise the inspector to seize that other thing.

seize the equipment and any disk, tape or other associated device; or

if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or

if the material can be transferred to a disk, tape or other storage device that:

is brought to the premises; or

is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or

possession by the occupier of the equipment could constitute an offence.

information relevant to determining whether there has been compliance with this Act or the regulations, or evidential material, may be accessible by operating a thing at particular premises; and

expert assistance is required to operate the thing; and

if he or she does not take action under this subsection, the information or material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the thing, whether by locking it up, placing a guard or otherwise.

for a period not exceeding 24 hours; or

until the thing has been operated by the expert;

whichever happens first.

an inspector has reasonable grounds for suspecting that there may be on any premises a particular thing in respect of which this Act or the regulations have not been complied with; and

the inspector considers that it is necessary to exercise powers under this section in order to avoid an imminent risk of death, serious illness, serious injury, or to protect the environment.

enter the premises;

search the premises for the thing;

secure the thing, if the inspector finds it on the premises, until a warrant is obtained to seize the thing;

if the inspector has reasonable grounds for suspecting that a person has not complied with this Act or the regulations in respect of the thing—require the person to take such steps as the inspector considers necessary for the person to comply with this Act or the regulations;

take such steps, or arrange for such steps to be taken, in relation to the thing as the inspector considers appropriate.

announce that he or she is authorised to enter the premises; and

give any person at the premises an opportunity to allow entry to the premises.

to ensure the safety of a person; or

to prevent serious damage to the environment; or

to ensure that the effective execution of the warrant is not frustrated.

the damage was caused to the thing as a result of it being operated as mentioned in this Part; and

the damage was caused as a result of:

insufficient care being exercised in selecting the person who was to operate the thing; or

insufficient care being exercised by the person operating the thing.

a place outside Australia and a place in Australia; or

a place outside an external territory and a place in that territory.

examine the goods; or

if the goods are baggage—open and search the baggage; or

if the goods are in a container—open and search the container.

a document, film, computer file or other thing that can be readily copied; or

a storage device, the information in which can be readily copied;

the inspector must, if requested to do so by the occupier of the premises, or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.

the thing that has been seized was seized under paragraph 156(2)(b) or (c); or

possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

the period of 60 days after its seizure ends;

whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.

proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

an inspector may retain the thing because of an order under section 170; or

to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or

an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State) to retain, destroy or dispose of the thing.

before the end of 60 days after the seizure; or

before the end of a period previously specified in an order of a magistrate under this section;

proceedings in respect of which the thing may afford evidence have not commenced.

for the purposes of an investigation as to whether an offence against this Act has been committed; or

to enable evidence of an offence against this Act to be secured for the purposes of a prosecution;

the magistrate may order that an inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order.

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.

authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:

to enter the premises; and

to exercise the powers set out in section 153 in relation to the premises; and

state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

state the purpose for which the warrant is issued.

name one or more inspectors; and

authorise the inspectors so named, with such assistance and by such force as is necessary and reasonable:

to enter the premises; and

to exercise the powers set out in subsection 154(3) and section 155; and

to seize the evidential material; and

state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

state the purpose for which the warrant is issued.

after having considered the terms of the information; and

after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 173 if the application had been made under that section.

the magistrate must:

tell the inspector what the terms of the warrant are; and

tell the inspector the day on which and the time at which the warrant was signed; and

tell the inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

record on the warrant the reasons for issuing the warrant; and

the inspector must:

complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

the form of warrant completed by the inspector; and

the information referred to in subsection (3), which must have been duly sworn.

attach them to the warrant that the magistrate completed and signed; and

deal with them in the way in which the magistrate would have dealt with the information if the application had been made under section 173.

it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

state in a document that purports to be a form of warrant under section 174 the name of a magistrate unless that magistrate issued the warrant; or

state on a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the form authorised by the magistrate; or

purport to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows:

has not been approved by a magistrate under that section; or

departs in a material particular from the terms authorised by a magistrate under that section; or

give to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.

the terms of the decision; and

the reasons for the decision; and

a statement setting out particulars of the person’s review rights.

make a decision affirming, varying or revoking the reviewable decision; and

if the Regulator revokes the decision, make such other decision as the Regulator thinks appropriate.

a reviewable decision made by the Regulator personally; or

a decision made by the Regulator under section 181 (which provides for internal review).

a decision made under this Act or the regulations; or

a failure to make a decision under this Act or the regulations; or

conduct engaged in for the purpose of making a decision under this Act or the regulations.

a trade secret; or

any other information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

other information that:

concerns the lawful commercial or financial affairs of a person, organisation or undertaking; and

if it were disclosed, could unreasonably affect the person, organisation or undertaking;

the Regulator must declare that the information is confidential commercial information for the purposes of this Act.

the Regulator declares that particular information is confidential commercial information; and

the information relates to one or more locations at which field trials involving GMOs are occurring, or are proposed to occur;

the Regulator must make publicly available a statement of reasons for the making of the declaration, including, but not limited to:

the reasons why the Regulator was satisfied as mentioned in subsection (1); and

the reasons why the Regulator was not satisfied under subsection (2) that the public interest in disclosure of the information outweighed the prejudice that the disclosure would cause; and

the reasons why the Regulator was satisfied under subsection (2A) that significant damage to the health and safety of people, the environment or property would be likely to occur if the locations were disclosed.

a person has made an application under section 184 for a declaration that specified information is confidential commercial information; and

the Regulator has not yet made a decision on the application;

the information is to be treated as confidential commercial information until the Regulator makes a decision on the application.

that the information concerned no longer satisfies paragraph 185(1)(a), (b) or (c); or

that the public interest in disclosure of the information outweighs the prejudice that disclosure would cause to any person.

has confidential commercial information; and

has it only because of performing duties or functions under this Act or under a corresponding State law; and

knows that the information is confidential commercial information;

must not disclose the information except:

to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:

the Commonwealth or a Commonwealth authority;

a State agency;

the Gene Technology Technical Advisory Committee; or

by order of a court; or

with the consent of the person who applied to have the information treated as confidential commercial information.

has confidential commercial information; and

has it because of a disclosure under subsection (1) or under this subsection; and

knows that the information is confidential commercial information;

must not disclose the information except:

to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:

the Commonwealth or a Commonwealth authority;

a State agency;

the Gene Technology Technical Advisory Committee; or

by order of a court; or

with the consent of the person who applied to have the information treated as confidential commercial information.

that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

that the director, employee or agent had the state of mind.

an offence against this Act or the regulations; or

an ancillary offence relating to this Act or the regulations;

to have been engaged in also by the body corporate, unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

that the employee or agent had the state of mind.

an offence against this Act or the regulations; or

an ancillary offence relating to this Act or the regulations;

to have been engaged in also by the first person unless the first person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

a person other than a body corporate is convicted of an offence; and

the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.

(a) against Crimes Act 1914; orsection 6 of the

(b) that is taken to have been committed because of Criminal Code; orsection 11.2 or 11.2A of the

(c) against Criminal Code;section 11.1, 11.4 or 11.5 of the

that relates to this Act or the regulations.

immediately before the commencement of Part 4 of this Act, an advice to proceed was in force in relation to the dealing with the GMO by the person; and

the advice to proceed is in force at the dealing time; and

the dealing is in accordance with the advice to proceed.

the advice to proceed is taken for the purposes of this Act to be a GMO licence; and

the holder of the advice to proceed is taken to be the licence holder; and

the licence is taken to be subject to any conditions to which the advice to proceed is subject; and

the licence is taken to remain in force for the period ending at the earliest of the following times:

the time when the advice to proceed expires;

the end of the transition period;

when the licence is cancelled under section 68 or surrendered under section 69.

the person engages in conduct; and

the conduct:

results in damage to, destruction of, or interference with, premises at which dealings with GMOs are being undertaken; or

involves damaging, destroying, or interfering with, a thing at, or removing a thing from, such premises; and

the owner or occupier of the premises, or the owner of the thing (as the case requires), has not consented to the conduct; and

in engaging in the conduct, the person intends to prevent or hinder authorised GMO dealings that are being undertaken at the premises or facility; and

the person knows, or is reckless as to, the matters mentioned in paragraphs (b) and (c).

that are authorised to be undertaken at the premises or facility by a GMO licence; or

that are specified in an emergency dealing determination and are not prohibited from being undertaken at the premises or facility by a condition of the determination; or

that are notifiable low risk dealings; or

that are exempt dealings; or

that are dealings included on the GMO Register.

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

in the opinion of a majority of the Ministerial Council possess appropriate qualifications to undertake the review; and

include one or more persons who are not employed by the Commonwealth or a Commonwealth authority.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key