Genetic Technology (Precision Breeding) Act 2023

31 Meaning of “relevant breach” etc

(1) In this Act “relevant breach”, in relation to a person, means a failure by the person to comply with a relevant obligation, but—

(a) in relation to an inspector appointed under section 19, means a failure to comply with a Part 2 obligation;

(b) in relation to an inspector appointed under regulations under section 28, means a failure to comply with a Part 3 obligation.

(2) In this Part—

(a) “inspector” means an inspector appointed under section 19 or under regulations under section 28;

(b) “relevant obligation” means a Part 2 obligation or a Part 3 obligation.

(3) Regulations may make provision for—

(a) persons to be treated as having failed to comply with a Part 3 obligation in circumstances corresponding or similar to those in which section 20 of the Food Safety Act 1990 provides for persons to be guilty of an offence under that section;

(b) a failure to comply with a Part 3 obligation not to be regarded as a relevant breach in circumstances corresponding or similar to those in which sections 21 and 22 of the Food Safety Act 1990 provide for defences to offences under that Act.

(4) Regulations under subsection (3) are subject to the affirmative procedure.