South Australian Numbered Acts South Australian Numbered ActsAfter section 72AA insert:
Part 5A—Emergency dealing determinations
Division 1—Simplified outline
72A—Simplified outline
In outline, this Part provides a system under which the Minister can make
determinations relating to dealings with GMOs in emergencies.
Note—
This section differs from section 72A of the Commonwealth Act.
Division 2—Making of emergency dealing determination
72B—Minister may make emergency dealing determination
(1) The Minister may,
by order published in the Gazette (an
"emergency dealing determination"), specify dealings with a GMO for the
purposes of 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.
Note—
Section 72B of the Commonwealth Act includes a subsection (3) dealing with
threats of a kind mentioned in subsection (2) of that section.
(3) The dealings in
respect of which the Minister may make an emergency dealing determination may
be—
(a) all
dealings with a GMO or with a specified class of GMOs; or
(b) a
specified class of dealings with a GMO or with a specified class of GMOs; or
(c) 1 or
more specified dealings with a GMO or with a specified class of GMOs.
Note—
This section differs from section 72B of the Commonwealth Act.
72C—Period of effect of emergency dealing determination
(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 that is specified in the emergency dealing determination.
(2) An emergency
dealing determination ceases to have effect—
(a)
subject to subsection (3), at the end of the period of 6 months
starting when the emergency dealing determination takes effect; or
(b) at
the end of the period specified by the Minister in the emergency dealing
determination; or
(c) when
the emergency dealing determination is revoked,
whichever occurs first.
(3) The Minister may,
by order published in the Gazette, 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 such 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 determination.
(6) An order extending
the period of effect of an emergency dealing determination takes effect at the
time when the determination would have ceased to have effect but for the
extension.
Note—
This section differs from section 72C of the Commonwealth Act.
Division 3—Effect and conditions of emergency dealing determination
72D—Emergency dealing determination authorises dealings, subject to
conditions
(1) If an emergency
dealing determination is in force in respect of dealings with a GMO, those
dealings are authorised, subject to the conditions (if any) specified 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 that is required to be given by a person and the person to whom
that information is to 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 specified in the emergency dealing determination;
or
(ii)
a person becomes aware of any contraventions of the
conditions to which the emergency dealing determination is subject by any
person; or
(iii)
a person becomes aware of any unintended effects of the
dealings specified in the emergency dealing determination;
(i)
the storage and security of the GMO;
(j) the
required level of containment in respect of the dealings, including
requirements relating to the certification of facilities to specified
containment levels;
(k)
waste disposal requirements;
(l) the
manner in which any quantity of the GMO is to 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 specified 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 respect of unintended effects of the dealings
specified 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 that the Minister thinks appropriate.
(3) A condition under
subsection (2)(f) may permit dealings with a GMO by, or may impose
obligations on—
(a) a
specified person or persons; or
(b) a
specified class of person.
(4) It is a condition
of an emergency dealing determination that if—
(a) a
dealing with a GMO is specified 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 the purposes of
auditing or monitoring the dealing.
(5)
Subsection (4) does not limit the conditions that may be specified in an
emergency dealing determination.
Division 4—Variation, suspension and revocation of emergency dealing
determination
72E—Variation, suspension and revocation of emergency dealing
determination
(1) The Minister may,
by order published in the Gazette, 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 order published in the Gazette, 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, (as the
case requires) 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.
(3) 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) in
any other case—on the day specified by the Minister in the variation,
suspension or revocation.
(4) The day specified
as mentioned in subsection (3)(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.