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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Gene Technology Amendment Bill 2015
No. , 2015
(Health)
A Bill for an Act to amend the Gene Technology Act
2000, and for related purposes
No. , 2015
Gene Technology Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Gene Technology Act 2000
3
Part 1--Reporting requirements
3
Gene Technology Act 2000
3
Part 2--Inadvertent dealings
5
Gene Technology Act 2000
5
Part 3--Public notification of risk assessment etc.
6
Gene Technology Act 2000
6
Part 4--GM products
7
Gene Technology Act 2000
7
Part 5--Restrictions on licence variations
9
Gene Technology Act 2000
9
Part 6--Technical amendments
10
Gene Technology Act 2000
10
No. , 2015
Gene Technology Amendment Bill 2015
1
A Bill for an Act to amend the Gene Technology Act
1
2000, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Gene Technology Amendment Act
5
2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Gene Technology Amendment Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Gene Technology Act 2000 Schedule 1
Reporting requirements Part 1
No. , 2015
Gene Technology Amendment Bill 2015
3
Schedule 1
--Gene Technology Act 2000
1
Part 1
--Reporting requirements
2
Gene Technology Act 2000
3
1 After subsection 136(1)
4
Insert:
5
(1A) The report must include information about the following:
6
(a) GMO licences issued during the financial year;
7
(b) any breaches of conditions of a GMO licence that have come
8
to the Regulator's attention during the financial year;
9
(c) emergency dealing determinations made by the Minister
10
during the financial year;
11
(d) any breaches of conditions of an emergency dealing
12
determination that have come to the Regulator's attention
13
during the financial year;
14
(e) auditing and monitoring of dealings with GMOs under this
15
Act by the Regulator or an inspector during the financial
16
year.
17
Note:
Auditing and monitoring may include spot checks.
18
2 Section 136A
19
Repeal the section.
20
3 Transitional provision
21
(1)
If, when this item commences:
22
(a) the Regulator has given a report to the Minister under
23
subsection 136A(1) of the old Act; and
24
(b) the Minister has not yet caused a copy of the report to be laid
25
before each House of the Parliament in accordance with
26
subsection 136A(3) of the old Act;
27
subsection 136A(3) of the old Act continues to have effect, in relation
28
to the report, as if that subsection had not been repealed.
29
(2)
In this item:
30
Schedule 1 Gene Technology Act 2000
Part 1 Reporting requirements
4
Gene Technology Amendment Bill 2015
No. , 2015
old Act means the Gene Technology Act 2000, as in force immediately
1
before the commencement of this item.
2
Gene Technology Act 2000 Schedule 1
Inadvertent dealings Part 2
No. , 2015
Gene Technology Amendment Bill 2015
5
Part 2
--Inadvertent dealings
1
Gene Technology Act 2000
2
4 Paragraph 46A(a)
3
Repeal the paragraph, substitute:
4
(a) the dealings proposed to be authorised by the licence are
5
limited to one or more of the following for purposes relating
6
to disposing of a GMO:
7
(i) conducting experiments with the GMO;
8
(ii) propagating the GMO;
9
(iii) growing, raising or culturing the GMO;
10
(iv) transporting the GMO;
11
(v) any other dealings to be undertaken for the purposes of,
12
or for purposes relating to, disposing of the GMO; and
13
5 Paragraph 49(a)
14
Repeal the paragraph, substitute:
15
(a) the dealings proposed to be authorised by the licence are
16
limited to one or more of the following for purposes relating
17
to disposing of a GMO:
18
(i) conducting experiments with the GMO;
19
(ii) propagating the GMO;
20
(iii) growing, raising or culturing the GMO;
21
(iv) transporting the GMO;
22
(v) any other dealings to be undertaken for the purposes of,
23
or for purposes relating to, disposing of the GMO; and
24
6 Application
25
The amendments of the Gene Technology Act 2000 made by this Part
26
apply in relation to:
27
(a) an inadvertent dealings application made on or after the
28
commencement of this item; and
29
(b) an inadvertent dealings application made, but not decided,
30
before that commencement.
31
Schedule 1 Gene Technology Act 2000
Part 3 Public notification of risk assessment etc.
6
Gene Technology Amendment Bill 2015
No. , 2015
Part 3
--Public notification of risk assessment etc.
1
Gene Technology Act 2000
2
7 Paragraph 52(1)(b)
3
Repeal the paragraph, substitute:
4
(b) in one or more newspapers that the Regulator considers
5
appropriate, having regard to the geographic area in which
6
the dealings proposed to be authorised by the licence may
7
occur; and
8
8 Paragraph 52(1)(c)
9
Omit "(if any)".
10
Gene Technology Act 2000 Schedule 1
GM products Part 4
No. , 2015
Gene Technology Amendment Bill 2015
7
Part 4
--GM products
1
Gene Technology Act 2000
2
9 Section 10(1) (definition of Record)
3
Omit "and GM Product".
4
10 Subsection 17(5)
5
Omit "and GM Product".
6
11 Paragraph 17(6)(b)
7
Omit "and GM Product".
8
12 Section 117 (paragraph relating to Division 6)
9
Omit "GMOs and GM products", substitute "GMO dealings".
10
13 Division 6 of Part 9 (heading)
11
Repeal the heading, substitute:
12
Division 6--Record of GMO Dealings
13
14 Section 138 (heading)
14
Repeal the heading, substitute:
15
138 Record of GMO Dealings
16
15 Subsection 138(1)
17
Omit "and GM Product".
18
16 Subsection 138(2)
19
Omit "or GM products".
20
17 Subsection 138(5)
21
Repeal the subsection.
22
18 Subsection 138(8)
23
Omit "(4), (5)", substitute "(3A), (4)".
24
Schedule 1 Gene Technology Act 2000
Part 4 GM products
8
Gene Technology Amendment Bill 2015
No. , 2015
19 Transitional provision
1
After this item commences, the Regulator may remove information
2
from the Record of GMO Dealings if the information:
3
(a) was on the Record as at that commencement; and
4
(b) was included on the Record because the information involved
5
GM products.
6
Gene Technology Act 2000 Schedule 1
Restrictions on licence variations Part 5
No. , 2015
Gene Technology Amendment Bill 2015
9
Part 5
--Restrictions on licence variations
1
Gene Technology Act 2000
2
20 Subsection 71(2B)
3
Repeal the subsection, substitute:
4
(2B) If an application has been made for variation of a licence, the
5
Regulator must not vary the licence unless the Regulator is
6
satisfied that the risks posed by the dealings proposed to be
7
authorised by the licence as varied are covered by:
8
(a) the risk assessment and the risk management plan in respect
9
of the original application for the licence; or
10
(b) the risk assessment and the risk management plan in respect
11
of an application for another licence, but only if that other
12
licence was issued.
13
21 Application
14
The amendment of the Gene Technology Act 2000 made by this Part
15
applies in relation to:
16
(a) an application for variation of a licence made on or after the
17
commencement of this item; and
18
(b) an application for variation of a licence made, but not
19
decided, before that commencement.
20
Schedule 1 Gene Technology Act 2000
Part 6 Technical amendments
10
Gene Technology Amendment Bill 2015
No. , 2015
Part 6
--Technical amendments
1
Gene Technology Act 2000
2
22 Paragraph 30(a)
3
Repeal the paragraph, substitute:
4
(a) whether a GMO licence is issued or refused in relation to a
5
particular application; or
6
23 Subsection 74(3)
7
Repeal the subsection, substitute:
8
(3) Before the Governor-General makes regulations declaring a
9
dealing with a GMO to be a notifiable low risk dealing, the
10
Regulator must consider:
11
(a) whether the dealing with the GMO would involve any risk to
12
the health and safety of people, or to the environment, taking
13
into account:
14
(i) the properties of the GMO as a pathogen or pest; and
15
(ii) the toxicity of any proteins produced by the GMO; and
16
(b) if there is such a risk--whether one or more of the
17
requirements prescribed in the regulations for the purposes of
18
subsection 75(2) would be sufficient to manage that risk; and
19
(c) any other matter the Regulator considers appropriate.
20