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.