Gene Technology Amendment Act 2017 (ACT)

Case

Gene Technology Amendment Act 2017

A2017-15

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Gene Technology Act 2003

4            Independence of regulatorSection 30 (2) (a)  3

5            Division does not apply to an application relating to inadvertent dealingsSection 46A (a)  3

6            Division does not apply to an application relating to inadvertent dealingsSection 49 (a)  4

7           Variation of licenceSection 71 (2B)  4

8            Notifiable low risk dealingsSection 74 (3), except notes  5

9            Simplified outline—pt 9Section 117 (c)  5

10          Annual reportNew section 136 (1A)  6

11          Quarterly reportsSection 136A  6

12          Division 9.6 heading  6

13          Section 138 heading  6

14          Section 138 (3)  7

15          Section 138 (5)  7

16          Section 138 (6), except note  7

17          New part 13  7

18          Dictionary, definition of GM record  8

Part 3Gene Technology Regulation 2004

19          Section 39 heading  9

20          Section 39 (2)  9

Gene Technology Amendment Act 2017

A2017-15

An Act to amend the Gene Technology Act 2003 and the Gene Technology Regulation 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Gene Technology Amendment Act 2017.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Gene Technology Act 2003 and the Gene Technology Regulation 2004.

Part 2Gene Technology Act 2003

  1. Independence of regulator
    Section 30 (2) (a)

    substitute

    (a)whether a GMO licence is issued or refused in relation to a particular application; or

  2. 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

  3. 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

  4. 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.

  5. 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.

  6. Simplified outline—pt 9
    Section 117 (c)

    omit

    GMOs and GM products

    substitute

    GMO dealings

  7. 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.

    NoteAuditing and monitoring may include spot checks.

  8. Quarterly reports
    Section 136A

    omit

  9. Division 9.6 heading

    substitute

Division 9.6               Record of GMO dealings

  1. Section 138 heading

    substitute

  2. Record of GMO dealings

  3. Section 138 (3)

    omit

  4. Section 138 (5)

    omit

    (2), (3) or (4)

    substitute

    (2) or (4)

  5. Section 138 (6), except note

    omit

  6. New part 13

    insert

Part 13Transitional—Gene Technology Amendment Act 2017

  1. Meaning of commencement day—pt 13

    In this part:

    commencement day means the day the Gene Technology Amendment Act 2017, section 3 commences.

  2. 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.

  3. 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.

  4. 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.

  5. Expiry—pt 13

    This part expires 2 years after the commencement day.

    NoteTransitional 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 Legislation Act, s 88).

  6. Dictionary, definition of GM record

    omit

    and GM Product

Part 3Gene Technology Regulation 2004

  1. Section 39 heading

    substitute

  2. Record of GMO dealings

  3. Section 39 (2)

    omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 30 March 2017.

  2. Notification

    Notified under the Legislation Act on 14 June 2017.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Gene Technology Amendment Bill 2017, which was passed by the Legislative Assembly on 6 June 2017.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2017

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