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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Contents
Page
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Gene Technology Amendment Bill 2017
A Bill for
An Act to amend the
and the Gene Technology Regulation 2004
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Gene Technology Amendment Act 2017
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
and the
.
Part 2 Gene Technology Act 2003
4 Independence of
regulator
Section 30 (2) (a)
substitute
(a) whether a GMO licence is issued or refused in relation to a particular application; or
5 Division does not apply to an
application relating to inadvertent dealings
Section 46A (a)
substitute
(a) the dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:
(i) conducting experiments with the GMO;
(ii) propagating the GMO;
(iii) growing, raising or culturing the GMO;
(iv) transporting the GMO;
(v) any other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and
6 Division does not apply to an
application relating to inadvertent dealings
Section 49 (a)
substitute
(a) the dealings proposed to be authorised by the licence are limited to 1 or more of the following for purposes relating to disposing of a GMO:
(i) conducting experiments with the GMO;
(ii) propagating the GMO;
(iii) growing, raising or culturing the GMO;
(iv) transporting the GMO;
(v) any other dealings to be undertaken for the purposes of, or for purposes relating to, disposing of the GMO; and
7 Variation of
licence
Section 71 (2B)
substitute
(2B) If an application has been made for variation of a licence, the regulator must not vary the licence unless the regulator is satisfied that the risks posed by the dealings proposed to be authorised by the licence as varied are covered by—
(a) the risk assessment and the risk management plan in relation to the original application for the licence; or
(b) the risk assessment and the risk management plan in relation to an application for another licence, but only if that other licence was issued.
8 Notifiable low risk
dealings
Section 74 (3), except notes
substitute
(3) Also, before the Executive makes a regulation declaring a dealing with a GMO to be a notifiable low risk dealing, the regulator must consider—
(a) whether the dealing with the GMO would involve any risk to the health and safety of people, or to the environment, taking into account—
(i) the properties of the GMO as a pathogen or pest; and
(ii) the toxicity of any proteins produced by the GMO; and
(b) if there is such a risk—whether 1 or more of the requirements prescribed by regulation for section 75 (2) would be sufficient to manage the risk; and
(c) any other matter the regulator considers appropriate.
9 Simplified outline—pt
9
Section 117 (c)
omit
GMOs and GM products
substitute
GMO dealings
10 Annual report
New section
136 (1A)
insert
(1A) The report must include information about the following:
(a) GMO licences issued during the financial year;
(b) any breaches of conditions of a GMO licence that have come to the regulator’s attention during the financial year;
(c) emergency dealing determinations made by the Minister during the financial year;
(d) any breaches of conditions of an emergency dealing determination that have come to the regulator’s attention during the financial year;
(e) auditing and monitoring of dealings with GMOs under this Act by the regulator or an inspector during the financial year.
Note Auditing and monitoring may include spot checks.
11 Quarterly reports
Section
136A
omit
substitute
Division 9.6 Record of GMO dealings
substitute
138 Record of GMO dealings
omit
omit
(2), (3) or (4)
substitute
(2) or (4)
16 Section 138 (6), except note
omit
insert
Part 13 Transitional—Gene Technology Amendment Act 2017
200 Meaning of commencement day—pt 13
In this part:
commencement day means the day the Gene Technology Amendment Act 2017, section 3 commences.
201 Inadvertent dealings applications—s 46A (a) and s 49 (a)
(1) This section applies to an inadvertent dealings application made before the commencement day if, immediately before the commencement day, the application had not been decided.
(2) Section 46A (a) and section 49 (a), as amended by the Gene Technology Amendment Act 2017, apply in relation to the application.
202 Variation of licence applications—s 71 (2B)
(1) This section applies to an application for variation of a licence made before the commencement day if, immediately before the commencement day, the application had not been decided.
(2) Section 71 (2B), as amended by the Gene Technology Amendment Act 2017, applies in relation to the application.
203 Record of GMO dealings—s 138
(1) This section applies if, immediately before the commencement day, information—
(a) was on the GM record; and
(b) was included on the GM record because the information included GM products.
(2) The regulator may remove the information from the GM record.
204 Expiry—pt 13
This part expires 2 years after the commencement day.
Note Transitional provisions are kept in the Act for a limited time. A
transitional provision is repealed on its expiry but continues to have effect
after its repeal (see
, s 88).
18 Dictionary, definition of GM record
omit
and GM Product
Part 3 Gene Technology Regulation 2004
substitute
39 Record of GMO dealings
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 March 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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