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Gene Technology (Recognition of Designated Areas) Principle 2003

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.

Gazetted: Commonwealth of Australia Special Gazette No. 340, 5 September 2003

• Printable version of the Gene Technology (Recognition of Designated Areas: Principle 2003 (PDF 26 KB)
• Explanatory statement
• Regulatory impact statement

Gene Technology Act 2000

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

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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:

1. 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
2. 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.