South Australian Numbered Acts

GENE TECHNOLOGY (MISCELLANEOUS) AMENDMENT ACT 2008 (NO 46 OF 2008) - SECT 17

17—Insertion of section 50A

After section 50 insert:

50A—Limited and controlled release applications

        (1)         This section applies to an application for a licence if the Regulator is satisfied that—

            (a)         the principal purpose of the application is to enable the licence holder, and persons covered by the licence, to conduct experiments; and

            (b)         the application proposes, in relation to any GMO in respect of which dealings are proposed to be authorised—

                  (i)         controls to restrict the dissemination or persistence of the GMO and its genetic material in the environment; and

                  (ii)         limits on the proposed release of the GMO; and

            (c)         the Regulator is satisfied that the controls and limits are of such a kind that it is appropriate for the Regulator not to seek the advice referred to in section 50(3).

        (2)         For the purposes of subsection (1)—

"controls", in relation to restricting the dissemination or persistence of a GMO and its genetic material in the environment, include the following:

            (a)         specified methods for disposal of the GMO or its genetic material;

            (b)         data collection requirements, including studies to be conducted about the GMO or its genetic material;

            (c)         a restricted geographic area in which the proposed dealings with the GMO or its genetic material may occur;

            (d)         compliance, in relation to dealings with the GMO or its genetic material, with—

                  (i)         a code of practice issued under section 24; or

                  (ii)         a technical or procedural guideline issued under section 27.

        (3)         For the purposes of subsection (1)—

"limits", in relation to the release of a GMO that is proposed to be authorised by a licence, includes limits on any of the following:

            (a)         the scope of the dealings with the GMO;

            (b)         the scale of the dealings with the GMO;

            (c)         the locations of the dealings with the GMO;

            (d)         the duration of the dealings with the GMO;

            (e)         the persons who are to be permitted to conduct the dealings with the GMO.

        (4)         In deciding whether the principal purpose of an application is to enable the licence holder, and persons covered by the licence, to conduct experiments, the Regulator—

            (a)         must have regard to whether the applicant proposes that any or all of the following be authorised by, and done under, the licence:

                  (i)         testing hypotheses;

                  (ii)         gaining scientific or technical knowledge;

                  (iii)         gaining data for regulatory purposes, or for product development or marketing; and

            (b)         may have regard to any other matter that the Regulator considers to be relevant.

Note—

This section differs from section 50A of the Commonwealth Act.