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GENE TECHNOLOGY AMENDMENT ACT 2008 No. 3 - SECT 24

24 Insertion of new pt 5A

After section 72AA, as renumbered--

insert--

'In outline, this part provides a system under which the Minister may make determinations relating to dealings with GMOs in emergencies.

Note--
This section differs from section 72A of the Commonwealth Act.

'(1) The Minister may, by gazette notice (an emergency dealing determination), state dealings with a GMO for this part.

'(2) The Minister may make an emergency dealing determination only if the Minister administering section 72B of the Commonwealth Act has made, or is proposing to make, a corresponding Commonwealth emergency dealing determination.

Notes--
1 This section differs from section 72B of the Commonwealth Act.
2 Section 72B(3) of the Commonwealth Act deals with threats of a kind mentioned in section 72B(2) of the Commonwealth Act.
3 For provisions corresponding to section 72B(4) of the Commonwealth Act, see the Statutory Instruments Act 1992, section 24.

'(1) An emergency dealing determination takes effect--

(a) on the day on which the emergency dealing determination is made; or
(b) on a later day stated in the emergency dealing determination.

'(2) An emergency dealing determination ceases to have effect--

(a) subject to subsection (3), at the end of the 6 month period starting when the emergency dealing determination takes effect; or
(b) at the end of the period stated by the Minister in the emergency dealing determination; or
(c) when the emergency dealing determination is revoked;
whichever happens first.

'(3) The Minister may, by gazette notice, extend the period of effect of an emergency dealing determination.

'(4) The Minister may extend the period of effect of an emergency dealing determination under subsection (3) more than once, but each single extension must not exceed 6 months.

'(5) The Minister may extend the period of effect of an emergency dealing determination only if the Minister administering section 72C of the Commonwealth Act has under that section extended, or is proposing to extend under that section, the period of effect of the corresponding Commonwealth emergency dealing declaration.

'(6) A notice extending the period of effect of an emergency dealing determination takes effect when the determination would have ceased to have effect but for the extension.

Note--
This section differs from section 72C of the Commonwealth Act.

'(1) If an emergency dealing determination is in force in relation to dealings with a GMO, the dealings are authorised, subject to the conditions, if any, stated in the emergency dealing determination.

'(2) Conditions may relate to, but are not limited to, the following--

(a) the quantity of GMO in relation to which dealings are covered;
(b) the scope of the dealings covered;
(c) the purposes for which the dealings may be undertaken;
(d) variations to the scope or purposes of the dealings;
(e) the source of the GMO;
(f) the persons who may deal with the GMO;
(g) the information required to be given by a person and the person to whom the information must be given;
(h) obligations about informing the regulator if--
(i) a person becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings stated in the emergency dealing determination; or
(ii) a person becomes aware of any contraventions, by any person, of the conditions to which the emergency dealing determination is subject; or
(iii) a person becomes aware of any unintended effects of the dealings stated in the emergency dealing determination;
(i) the storage and security of the GMO;
(j) the required level of containment in relation to the dealings, including requirements relating to the certification of facilities to stated containment levels;
(k) waste disposal requirements;
(l) the way in which any quantity of the GMO must be dealt with if a condition of the emergency dealing determination is breached;
(m) measures to manage risks posed to the health and safety of people or to the environment;
(n) data collection, including studies to be conducted;
(o) auditing and reporting;
(p) the keeping and disclosure of, and access to, records about the GMO;
(q) actions to be taken in case of the release of the GMO from a contained environment;
(r) the geographic area in which the dealings stated in the emergency dealing determination may occur;
(s) requirements for compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27;
(t) supervision by, and monitoring by, institutional biosafety committees;
(u) contingency planning in relation to unintended effects of the dealings stated in the emergency dealing determination;
(v) limiting the dissemination or persistence of the GMO or its genetic material in the environment;
(w) any other matters the Minister considers appropriate.

'(4) It is a condition of an emergency dealing determination that if--

(a) a dealing with a GMO is stated in the emergency dealing determination; and
(b) a particular condition of the emergency dealing determination applies to the dealing by a person;

the person must allow the regulator, or a person authorised by the regulator, to enter premises where the dealing is being undertaken, for auditing or monitoring the dealing.

'(5) Subsection (4) does not limit the conditions that may be stated in an emergency dealing determination.

Notes--
1 This section differs from section 72D of the Commonwealth Act.
2 For provisions corresponding to section 72D(3) of the Commonwealth Act, see the Statutory Instruments Act 1992, section 24.

'(1) The Minister may, by gazette notice, vary the conditions to which an emergency dealing determination is subject, including by imposing new conditions, if the Minister administering section 72E of the Commonwealth Act has made, or is proposing to make, the same variation to the corresponding Commonwealth emergency dealing determination.

'(2) The Minister may, by gazette notice, suspend or revoke an emergency dealing determination if the Minister administering section 72E of the Commonwealth Act has suspended or revoked, or is proposing to suspend or revoke, the corresponding Commonwealth emergency dealing determination.

Note--
Section 72E of the Commonwealth Act includes a subsection (3) dealing with consultation with the States in relation to the variation, suspension or revocation of an emergency dealing determination.

'(4) A variation, suspension or revocation of an emergency dealing determination takes effect--

(a) if the Minister states in the variation, suspension or revocation that the variation, suspension or revocation is necessary to prevent imminent risk of death, serious illness, serious injury or serious environmental damage--on the day on which the variation, suspension or revocation is made; or
(b) otherwise--on the day stated by the Minister in the variation, suspension or revocation.

'(5) The day stated as mentioned in subsection (4)(b) must not be earlier than 30 days after the day on which the variation, suspension or revocation is made.

Note--
This section differs from section 72E of the Commonwealth Act.'.


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