Gene Technology (GM Crop Moratorium) Act 2003 No 12
Current version for 1 January 2014 to date (accessed 22 December 2014 at 10:56)
Part 1

Part 1 Preliminary

1   Name of Act

This Act is the Gene Technology (GM Crop Moratorium) Act 2003.

2   Commencement

(1)  This Act commences on the date of assent, except as provided by subsection (2).
(2)  Schedule 2.1 and 2.3 commence on the commencement of Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002.

3   Object of Act

The object of this Act is to establish a regime to regulate:
(a)  the commercial cultivation of licensed GM food plants, and
(b)  the conduct of experiments on licensed GM food plants,
in New South Wales for marketing purposes.

4   Definitions

(1)  In this Act:

approved GM food plant means a GM food plant approved for commercial cultivation under section 7A.

cultivate a plant, includes plant, tend, nurture or harvest the plant.

deal with, in relation to a crop or GM food plant, has a meaning that corresponds to deal with, in relation to a GMO, under the Gene Technology Act 2000 of the Commonwealth.

Department means the Department of Industry and Investment.

director of a corporation means a person who is a director of the corporation within the meaning of the Corporations Act 2001 of the Commonwealth.

Director-General means the Director-General of the Department.

exemption order means an order in force under section 8.

exercise a function includes perform a duty.

Expert Committee means the New South Wales Expert Committee on Gene Technology established under section 13.

food plant has the meaning given by section 5.

function includes a power, authority or duty.

gene technology has the same meaning as in the Gene Technology Act 2000 of the Commonwealth.

GM food plant means a food plant that has been genetically modified, that is, a food plant that:

(a)  has been modified by gene technology, or
(b)  has inherited from another plant particular traits that occurred in that other plant because of gene technology.

GMO licence has the same meaning as it has in the Gene Technology Act 2000 of the Commonwealth.

inspector means an inspector appointed under section 22.

licensed GM food plant means a GM food plant in respect of which a GMO licence is in force authorising dealings with the GM food plant that are inherently necessary for commercial cultivation of the GM food plant.

non-GM food plant means a food plant that is not a GM food plant.

plant includes the seed or any part of a plant whether living or dead and whether attached to a plant or not.

relevant industry, in relation to a licensed GM food plant or class of licensed GM food plants, means an industry or sector of an industry dealing with or proposing to deal with the licensed GM food plant or class of licensed GM food plants.

(2)  Notes included in this Act do not form part of this Act.

5   Food plants

For the purposes of this Act, a food plant is a species or variety of plant that the Minister is satisfied is, when grown in New South Wales, primarily grown to be used (whether or not after processing) as, or as an ingredient of, food for human consumption.
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