Gene Technology (Recognition of Designated Areas) Principle 2003

The Ministerial Council constituted under the Gene Technology Agreement makes this Principle under subsection 21 (1) of the Gene Technology Act 2000.

31 July 2003

Hon Trish Worth MP

Parliamentary Secretary to the Minister for Health and Ageing

for

Senator the Hon Kay Patterson,

Minister for Health and Ageing

for the Commonwealth

Hon Ian Macdonald MLC

Minister for Agriculture and Fisheries

for the State of New South Wales

Hon Bronwyn Pike MP

Minister for Health

for the State of Victoria

Hon Paul Lucas MP

Minister for Innovation and Information Economy,

for the State of Queensland

Hon Kim Chance MLC

Minister for Agriculture, Forestry and Fisheries

for the State of Western Australia

Hon Lea Stevens MP

Minister for Health

for the State of South Australia

Hon Bryan Green MHA

Minister for Primary Industries, Water and Environment

for the State of Tasmania

Mr Simon Corbell MLA

Minister for Health

for the Australian Capital Territory

Part 1 Preliminary

1 Name of Principle

This Principle is the Gene Technology (Recognition of Designated Areas) Principle 2003.

2 Commencement

This Principle commences on gazettal.

3 Definitions

In this Principle:

Act means the Gene Technology Act 2000.

Note A number of expressions used in this Principle are defined in the Act (see section 10), including:

 GMO licence

 Regulator

 State.

4 Purpose

This Principle is issued for the purpose of recognising areas (if any) designated under a State law for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes.

Part 2 Principle for recognition of designated areas

5 Recognition of areas designated under State law

An area is recognised as an area that is designated for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes, if the area is so designated under a State law.

6 States not compelled to make law

Section 5 is not intended to compel a State to make a law mentioned in that section.

7 Effect on Regulator

Section 5 is intended to apply for the purposes of paragraph 43 (2) (e) and subsection 57 (1) of the Act, and for clause 2.1 in Schedule 3 of the Gene Technology Regulations 2001, but is not intended to otherwise affect the operation of:

(a) the Regulator’s obligation under section 55 of the Act to make a decision whether to issue or refuse to issue a GMO licence; and

(b) the Regulator’s duty to consider the matters mentioned in subsection 56 (1) of the Act in relation to the issue of a GMO licence.