Untitled document

Gene Technology Amendment Act 2016

No. 43 of 2016

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5Independence of the Regulator

6Division does not apply to an application relating to inadvertent dealings

7Division does not apply to an application relating to inadvertent dealings

8Public notification of risk assessment and risk management plan

9Variation of licence

10Notifiable low risk dealings

11Simplified outline

12Annual report

13Quarterly reports

14Heading to Division 6 of Part 9 amended

15Section 138 heading amended

16Record of GMO and GM Product Dealings

17New section 190A inserted

18Repeal of amending Act

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Endnotes

1      General information

Gene Technology Amendment Act 2016

No. 43 of 2016

[Assented to 23 August 2016]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to make amendments to the Gene Technology Act 2001 required as a result of the Gene Technology Amendment Act 2015 of the Commonwealth.

2Commencement

This Act comes into operation on a day to be proclaimed.

3Principal Act

In this Act, the Gene Technology Act 2001 is called the Principal Act.

4Definitions

In section 10(1) of the Principal Act, in the definition of Record for "GMO and GM Product Dealings" substitute "GMO Dealings".

5Independence of the Regulator

For section 30(a) of the Principal Act substitute—

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

6Division does not apply to an application relating to inadvertent dealings

For section 46A(a) of the Principal Act substitute—

"(a)the dealings proposed to be authorised by the licence are limited to one 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".

7Division does not apply to an application relating to inadvertent dealings

For section 49(a) of the Principal Act substitute—

"(a)the dealings proposed to be authorised by the licence are limited to one 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".

8Public notification of risk assessment and risk management plan

In section 52(1) of the Principal Act—

(a)for paragraph (b) substitute—

"(b)in one or more newspapers that the Regulator considers appropriate, having regard to the geographic area in which the dealings proposed to be authorised by the licence may occur; and";

(b)in paragraph (c) omit "(if any)".

9Variation of licence

For section 71(2B) of the Principal Act 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 respect of the original application for the licence; or

(b)the risk assessment and the risk management plan in respect of an application for another licence, but only if that other licence was issued.".

10Notifiable low risk dealings

For section 74(3) of the Principal Act substitute—

"(3)Before the Governor in Council makes regulations 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 one or more of the requirements prescribed in the regulations for the purposes of section 75(2) would be sufficient to manage that risk; and

(c)any other matter the Regulator considers appropriate.".

11Simplified outline for Part 9

In section 117 of the Principal Act in the third dot point, for "GMOs and GM products" substitute "GMO dealings".

12Annual report

After section 136(1) of the Principal Act 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.".

13Quarterly reports

Section 136A of the Principal Act is repealed.

14Heading to Division 6 of Part 9 amended

In the heading to Division 6 of Part 9 omit "and GM Product".

15Section 138 heading amended

In the heading to section 138 of the Principal Act omit "and GM Product".

16Record of GMO and GM Product Dealings

(1)Section 138(3) of the Principal Act is repealed.

(2)In section 138(5) of the Principal Act for "(2), (3)" substitute "(2)".

17New section 190A inserted

After section 190 of the Principal Act insert—

"190A   Transitional provision—Gene Technology Amendment Act 2016

(1)Sections 46A(a) and 49(a) as in force on or after the commencement of sections 6 and 7 of the Gene Technology Amendment Act 2016 apply to an inadvertent dealings application that is in existence but not decided immediately before that commencement.

(2)Section 71 as in force on or after the commencement of section 9 of the Gene Technology Amendment Act 2016 applies to an application to vary a licence under section 71 that is in existence but not decided immediately before that commencement.

(3)Despite the repeal of section 136A, section 136A(3) continues to have effect, in relation to a report given to the Minister under section 136A(1) as in force before its repeal, that has not been laid before each House of the Parliament immediately before the commencement of section 13 of the Gene Technology Amendment Act 2016.".

18Repeal of amending Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 December 2015

Legislative Council: 14 April 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Gene Technology Act 2001 following the enactment of the Gene Technology Amendment Act 2015 of the Commonwealth and for other purposes."