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This is a Bill, not an Act. For current law, see the Acts databases.


GENE TECHNOLOGY AMENDMENT BILL 2017

2017

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Gene Technology Amendment Bill 2017



Contents

Page

















2017

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Gene Technology Amendment Bill 2017

A Bill for

An Act to amend the Gene Technology Act 2003

and the Gene Technology Regulation 2004









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Gene Technology Amendment Act 2017

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Gene Technology Act 2003

and the Gene Technology Regulation 2004

.

Part 2 Gene Technology Act 2003

4 Independence of regulator

Section 30 (2) (a)

substitute

(a) whether a GMO licence is issued or refused in relation to a particular application; or

5 Division does not apply to an application relating to inadvertent dealings

Section 46A (a)

substitute

(a) the dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:

(i) conducting experiments with the GMO;

(ii) propagating the GMO;

(iii) growing, raising or culturing the GMO;

(iv) transporting the GMO;

(v) any other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and

6 Division does not apply to an application relating to inadvertent dealings

Section 49 (a)

substitute

(a) the dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:

(i) conducting experiments with the GMO;

(ii) propagating the GMO;

(iii) growing, raising or culturing the GMO;

(iv) transporting the GMO;

(v) any other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and

7 Variation of licence

Section 71 (2B)

substitute

(2B) If an application has been made for variation of a licence, the regulator must not vary the licence unless the regulator is satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by—

(a) the risk assessment and the risk management plan in relation to the original application for the licence; or

(b) the risk assessment and the risk management plan in relation to an application for another licence, but only if that other licence was issued.

8 Notifiable low risk dealings

Section 74 (3), except notes

substitute

(3) Also, before the Executive makes a regulation declaring a dealing with a GMO to be a notifiable low risk dealing, the regulator must consider—

(a) whether the dealing with the GMO would involve any risk to the health and safety of people, or to the environment, taking into account—

(i) the properties of the GMO as a pathogen or pest; and

(ii) the toxicity of any proteins produced by the GMO; and

(b) if there is such a risk—whether 1 or more of the requirements prescribed by regulation for section 75 (2) would be sufficient to manage the risk; and

(c) any other matter the regulator considers appropriate.

9 Simplified outline—pt 9

Section 117 (c)

omit

GMOs and GM products

substitute

GMO dealings

10 Annual report

New section 136 (1A)

insert

(1A) The report must include information about the following:

(a) GMO licences issued during the financial year;

(b) any breaches of conditions of a GMO licence that have come to the regulator’s attention during the financial year;

(c) emergency dealing determinations made by the Minister during the financial year;

(d) any breaches of conditions of an emergency dealing determination that have come to the regulator’s attention during the financial year;

(e) auditing and monitoring of dealings with GMOs under this Act by the regulator or an inspector during the financial year.

Note Auditing and monitoring may include spot checks.

11 Quarterly reports

Section 136A

omit

12 Division 9.6 heading

substitute

Division 9.6 Record of GMO dealings

13 Section 138 heading

substitute

138 Record of GMO dealings

14 Section 138 (3)

omit

15 Section 138 (5)

omit

(2), (3) or (4)

substitute

(2) or (4)

16 Section 138 (6), except note

omit

17 New part 13

insert

Part 13 Transitional—Gene Technology Amendment Act 2017

200 Meaning of commencement day—pt 13

In this part:

commencement day means the day the Gene Technology Amendment Act 2017, section 3 commences.

201 Inadvertent dealings applications—s 46A (a) and s 49 (a)

(1) This section applies to an inadvertent dealings application made before the commencement day if, immediately before the commencement day, the application had not been decided.

(2) Section 46A (a) and section 49 (a), as amended by the Gene Technology Amendment Act 2017, apply in relation to the application.

202 Variation of licence applications—s 71 (2B)

(1) This section applies to an application for variation of a licence made before the commencement day if, immediately before the commencement day, the application had not been decided.

(2) Section 71 (2B), as amended by the Gene Technology Amendment Act 2017, applies in relation to the application.

203 Record of GMO dealings—s 138

(1) This section applies if, immediately before the commencement day, information—

(a) was on the GM record; and

(b) was included on the GM record because the information included GM products.

(2) The regulator may remove the information from the GM record.

204 Expiry—pt 13

This part expires 2 years after the commencement day.

Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).

18 Dictionary, definition of GM record

omit

and GM Product

Part 3 Gene Technology Regulation 2004

19 Section 39 heading

substitute

39 Record of GMO dealings

20 Section 39 (2)

omit

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 30 March 2017.

2 Notification

Notified under the Legislation Act

on 2017.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.





















© Australian Capital Territory 2017

 


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