The Genetically Modified Crops Management Act 2004 (external site) came into effect on 29 April 2004.

The Act provides for the designation of areas of the State for the purposes of preserving for the identity of certain food crops according to whether they are genetically modified crops or non-genetically modified crops. The Act also provides certain protections with  respect to the spread of genetically modified plant material and for powers to regulate the growing of genetically modified food crops.

Under the Act areas of the State can be designated as areas in which genetically modified food crops of a specified class can or can not be cultivated, or in which no genetically modified food crops may be cultivated.

The Genetically Modified Crops Management (Designation of Areas) Regulations 2004 (external site) designates the whole of South Australia as an area in which no genetically modified food crops may be cultivated. Exemption notices can be issued under the Act. The current prohibition expires on 29 April 2008.

The Genetically Modified Crops Management Regulations 2008 (external site), which designate the whole of South Australia as an area in which no GM food crops may be cultivated, come into effect on 28 April 2008. 

The Act also provides for the establishment of a GM Crop Advisory Committee.

The meaning of a genetically modified organism (GMO) is given in the Gene Technology Act 2001

The powers of authorised officers under the GM Crops Management Act are contained in Part 11, Divisions 3 to 5, and 7 to 11 of the Gene Technology Act 2001 (external site)

The Act applies to the cultivation of GM food crops only. It does not apply to non-viable GM products such as food, or to non-food GM crops such as ornamental flowers.

The Act recognises that farmers have a right to choose to grow GM crops or not, and that therefore appropriate systems for segregation and identity preservation need to be in place before the cultivation of GM crops commences. This is to avoid impacts on market access and market premiums that might arise from admixture and failure to meet market specifications.