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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Gene
Technology (Consequential Amendments) Bill
2000
No. ,
2000
(Health and Aged
Care)
A Bill for an Act to deal with
consequential matters arising from the enactment of the Gene Technology Act
2000, and for related purposes
ISBN: 0642 436649
Contents
Agricultural and Veterinary Chemicals (Administration) Act
1992 3
Agricultural and Veterinary Chemicals Code Act
1994 5
Australia New Zealand Food Authority Act
1991 5
Freedom of Information Act
1982 6
Industrial Chemicals (Notification and Assessment) Act
1989 6
Therapeutic Goods Act
1989 8
A Bill for an Act to deal with consequential matters
arising from the enactment of the Gene Technology Act 2000, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Gene Technology (Consequential
Amendments) Act 2000.
This Act commences on the same day as section 55 of the Gene
Technology Act 2000.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Agricultural and
Veterinary Chemicals (Administration) Act 1992
1 Section 4
Insert:
Gene Technology Regulator has the same meaning as in the
Gene Technology Act 2000.
2 Section 4
Insert:
GM product has the same meaning as in the Gene Technology
Act 2000.
3 After section 8
Insert:
(1) This section applies to the following:
(a) an active constituent for a proposed or existing chemical product,
being an active constituent that is or contains a GM product;
(b) a proposed or existing chemical product that is or contains a GM
product.
(2) The NRA must consult the Gene Technology Regulator in accordance with
this section for the purposes of the following:
(a) deciding whether to grant an application under the Code in relation to
any of the following:
(i) approval of the active constituent;
(ii) registration of the chemical product;
(iii) approval of a label for containers for the chemical
product;
(b) deciding whether to grant an application under the Code in relation to
a variation of any of the following:
(i) the approval of the active constituent;
(ii) the registration of the chemical product;
(iii) the approval of a label for containers for the chemical
product;
if the variation may affect the GM product;
(c) reconsidering any of the following:
(i) the approval of the active constituent;
(ii) the registration of the chemical product;
(iii) the approval of a label for containers for the chemical
product;
(d) deciding whether to issue a permit in respect of:
(i) the active constituent; or
(ii) the chemical product.
(3) If the NRA is required to consult the Gene Technology Regulator under
subsection (2), the NRA must give written notice to the Gene Technology
Regulator:
(a) stating that the application has been made, the reconsideration is to
be undertaken, or the issue of the permit is being considered; and
(b) requesting the Gene Technology Regulator to give advice about the
application, reconsideration, or issue.
(4) If the NRA gives the Gene Technology Regulator a notice under
subsection (3), the Gene Technology Regulator may give written advice to
the NRA about the application, reconsideration, or issue.
(5) The advice is to be given within the period specified in the
notice.
(6) If the NRA receives advice from the Gene Technology Regulator in
response to a notice under this section within the period specified in the
notice, the NRA must:
(a) ensure that the advice is taken into account in making a decision on
the application, reconsideration, or issue to which the notice relates;
and
(b) inform the Gene Technology Regulator of the decision.
(7) Unless the contrary intention appears, expressions used in this
section have the same meanings as in the Agricultural and Veterinary
Chemicals Code Act 1994.
Agricultural and
Veterinary Chemicals Code Act 1994
4 After paragraph 14(3)(c) of the Code set out
in the Schedule
Insert:
(ca) that, if necessary, paragraph 8A(2)(a) of the Agricultural and
Veterinary Chemicals (Administration) Act 1992 has been complied
with;
5 After paragraph 29(1)(c) of the Code set out
in the Schedule
Insert:
(ca) that, if necessary, paragraph 8A(2)(b) of the Agricultural and
Veterinary Chemicals (Administration) Act 1992 has been complied
with;
6 After paragraph 34(1)(d) of the Code set out
in the Schedule
Insert:
and (da) that, if necessary, paragraph 8A(2)(c) of the Agricultural and
Veterinary Chemicals (Administration) Act 1992 has been complied
with;
7 After subsection 114(1) of the Code set out in
the Schedule
Insert:
(1A) Before issuing a permit, the NRA must be satisfied that, if
necessary, paragraph 8A(2)(d) of the Agricultural and Veterinary Chemicals
(Administration) Act 1992 has been complied with.
Australia New Zealand Food
Authority Act 1991
8 Subsection 3(1) (after paragraph (b) of
the definition of appropriate government agency)
Insert:
(ba) the Gene Technology Regulator; or
9 Subsection 3(1)
Insert:
Gene Technology Regulator has the same meaning as in the
Gene Technology Act 2000.
10 Subsection 3(1)
Insert:
GMO has the same meaning as in the Gene Technology Act
2000.
11 Subsection 3(1)
Insert:
GM product has the same meaning as in the Gene Technology
Act 2000.
12 After section 11
Insert:
If a provision of this Act requires the Authority to give a notice
concerning an existing or proposed food regulatory measure to the Gene
Technology Regulator, the Authority is only required to give the notice if the
food regulatory measure relates to food that is or contains a GMO or a GM
product.
Freedom of Information Act
1982
13 Schedule 3
Insert in its appropriate alphabetical position:
|
Gene Technology Act 2000, subsections 187(1) and (2) |
Industrial Chemicals
(Notification and Assessment) Act 1989
14 Section 5
Insert:
Gene Technology Regulator has the same meaning as in the
Gene Technology Act 2000.
15 Section 5
Insert:
GM product has the same meaning as in the Gene Technology
Act 2000.
16 After section 10
Insert:
(1) This section applies to the following:
(a) an assessment of an industrial chemical that is, or contains, a GM
product;
(b) an application for a permit (however described) in relation to an
industrial chemical that is, or contains, a GM product.
(2) Subject to subsection (5), the Director must give written notice
to the Gene Technology Regulator:
(a) stating that the assessment is to be undertaken, or that the
application for the permit has been made, as the case requires; and
(b) requesting the Gene Technology Regulator to give advice about the
assessment or the application for the permit.
(3) If the Director gives the Gene Technology Regulator a notice under
subsection (2), the Gene Technology Regulator may give written advice to
the Director about the assessment or the application.
(4) The advice is to be given within the period specified in the
notice.
(5) If an advice from the Gene Technology Regulator is in force under
section 10B in relation to a class of GM products, the Director is not
required to notify the Regulator under this section in relation to:
(a) an assessment of an industrial chemical that is or contains a GM
product belonging to that class; or
(b) an application for a permit in respect of an industrial chemical that
is or contains a GM product belonging to that class.
(1) The Director may request advice from the Gene Technology Regulator in
relation to industrial chemicals that consist of, or that contain, a GM product
belonging to a class of GM products specified in the request.
(2) A request for advice under subsection (1) must specify the
matters to which the advice is to relate.
(3) If the Director requests advice from the Gene Technology Regulator
under subsection (1), the Gene Technology Regulator may provide written
advice in relation to the matters specified in the request.
(4) If the Gene Technology Regulator gives advice to the Director under
subsection (3), the advice remains in force until it is withdrawn by the
Gene Technology Regulator by written notice given to the Director.
If the Director receives advice from the Gene Technology
Regulator:
(a) in response to a notice under section 10A within the period
specified in the notice; or
(b) under section 10B;
the Director must:
(c) ensure that the advice is taken into account in undertaking the
assessment, or in making a decision on the application for the permit, as the
case requires; and
(d) inform the Gene Technology Regulator of the assessment, or the
decision on the application, as the case requires.
17 Subsection 3(1)
Insert:
Gene Technology Regulator has the same meaning as in the
Gene Technology Act 2000.
18 Subsection 3(1)
Insert:
GM product has the same meaning as in the Gene Technology
Act 2000.
19 After section 30B
Insert:
(1) This section applies to an application for listing or registration of
a therapeutic good under section 23 if the therapeutic good is, or
contains, a GM product.
(2) Subject to subsection (5), the Secretary must give written notice
to the Gene Technology Regulator:
(a) stating that the application has been made; and
(b) requesting the Gene Technology Regulator to give advice about the
application.
(3) If the Secretary gives the Gene Technology Regulator a notice under
subsection (2), the Gene Technology Regulator may give written advice to
the Secretary about the application.
(4) The advice is to be given within the period specified in the
notice.
(5) If an advice from the Gene Technology Regulator is in force under
section 30D in relation to a class of therapeutic goods, the Secretary is
not required to notify the Regulator under this section in relation to an
application for listing or registration of a therapeutic good belonging to that
class.
(1) The Secretary may request advice from the Gene Technology Regulator in
relation to therapeutic goods that consist of, or that contain, a GM product
belonging to a class of GM products specified in the request.
(2) A request for advice under subsection (1) must specify the
matters to which the advice is to relate.
(3) If the Secretary requests advice from the Gene Technology Regulator
under subsection (1), the Gene Technology Regulator may provide written
advice in relation to the matters specified in the request.
(4) If the Gene Technology Regulator gives advice to the Secretary under
subsection (3), the advice remains in force until it is withdrawn by the
Gene Technology Regulator by written notice given to the Secretary.
If the Secretary receives advice from the Gene Technology
Regulator:
(a) in response to a notice under section 30C within the period
specified in the notice; or
(b) under section 30D;
the Secretary must:
(c) ensure that the advice is taken into account in making a decision on
the application to which the notice relates, or on an application to which the
advice under section 30D relates, as the case requires; and
(d) inform the Gene Technology Regulator of the decision on the
application.