Gene Technology (Recognition of Designated Areas) Principle 2003
Gene Technology Act 2000
The Ministerial Council constituted under the Gene Technology Agreement makes this Principle under subsection 21 (1) of the Gene Technology Act 2000.
31 July 2003
Hon Trish Worth MP Parliamentary Secretary to the Minister for Health and Ageing for Senator the Hon Kay Patterson, Minister for Health and Ageing for the Commonwealth | Hon Ian Macdonald MLC Minister for Agriculture and Fisheries for the State of New South Wales |
Hon Bronwyn Pike MP Minister for Health for the State of Victoria | Hon Paul Lucas MP Minister for Innovation and Information Economy, for the State of Queensland |
Hon Kim Chance MLC Minister for Agriculture, Forestry and Fisheries for the State of Western Australia | Hon Lea Stevens MP Minister for Health for the State of South Australia |
Hon Bryan Green MHA Minister for Primary Industries, Water and Environment for the State of Tasmania | Mr Simon Corbell MLA Minister for Health for the Australian Capital Territory |
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Part 1 Preliminary
1 Name of Principle
This Principle is the Gene Technology (Recognition of Designated Areas) Principle 2003.
2 Commencement
This Principle commences on gazettal.
3 Definitions
In this Principle:
Act means the Gene Technology Act 2000.
Note A number of expressions used in this Principle are defined in the Act (see section 10), including:
GMO licence
Regulator
State.
4 Purpose
This Principle is issued for the purpose of recognising areas (if any) designated under a State law for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes.
Part 2 Principle for recognition of designated areas
5 Recognition of areas designated under State law
An area is recognised as an area that is designated for the purpose of preserving the identity of GM crops, non-GM crops, or both GM crops and non-GM crops, for marketing purposes, if the area is so designated under a State law.
6 States not compelled to make law
Section 5 is not intended to compel a State to make a law mentioned in that section.
7 Effect on Regulator
Section 5 is intended to apply for the purposes of paragraph 43 (2) (e) and subsection 57 (1) of the Act, and for clause 2.1 in Schedule 3 of the Gene Technology Regulations 2001, but is not intended to otherwise affect the operation of:
(a) the Regulator’s obligation under section 55 of the Act to make a decision whether to issue or refuse to issue a GMO licence; and
(b) the Regulator’s duty to consider the matters mentioned in subsection 56 (1) of the Act in relation to the issue of a GMO licence.
Overview
The Gene Technology (Recognition of Designated Areas) Principle 2003 was established under the Gene Technology Act 2000 by the Ministerial Council constituted under the Gene Technology Agreement. This legislative instrument was enacted to address the need for recognising areas designated under state laws for preserving the identity of genetically modified (GM) and non-GM crops for marketing purposes. The principle aims to facilitate the marketing of GM and non-GM crops while ensuring that the identity of these crops is preserved according to state regulations. It was introduced to align with the broader policy objectives of the Gene Technology Act 2000, which seeks to regulate the use, development, and release of genetically modified organisms in Australia. The enactment of this principle reflects a collaborative effort among various states to standardise the recognition of designated areas for crop identity preservation, ensuring consistency and clarity in the implementation of gene technology regulations.
Scope and Application
The Gene Technology (Recognition of Designated Areas) Principle 2003 applies to areas designated under State law for the purpose of preserving the identity of genetically modified (GM) crops, non-GM crops, or both GM and non-GM crops for marketing purposes. This Principle operates under the broader framework of the Gene Technology Act 2000 and is issued by the Ministerial Council constituted under the Gene Technology Agreement. The Principle aims to recognise such designated areas and does not compel any State to enact specific legislation. Instead, it provides a mechanism for recognising areas already designated under existing State laws. This recognition is crucial for the Regulator's decision-making processes regarding the issue or refusal of a GMO licence and ensures that the Regulator considers the relevant matters as outlined in the Act. Notably, the Principle does not alter the Regulator's obligations or duties beyond the specified scope, ensuring that the core functions of the Regulator remain unaffected.
Key Provisions
The Gene Technology (Recognition of Designated Areas) Principle 2003 (the Principle) under the Gene Technology Act 2000, establishes a framework for recognising areas that are designated under state law for the purpose of preserving the identity of genetically modified (GM) crops, non-GM crops, or both, for marketing purposes (section 5). This recognition applies if the area is specifically designated by a state law (section 5). Importantly, the Principle does not compel any state to enact such laws (section 6). Furthermore, the recognition of these areas does not affect the Regulator's (defined in the Act) discretion in issuing or refusing a GMO licence, nor their duty to consider specific matters when deciding on the issuance of such a licence (section 7).
The obligations imposed by this Principle on the parties it governs are primarily informational and procedural. States are required to designate areas under their respective laws if they wish to preserve the identity of GM or non-GM crops for marketing purposes. This designation must be explicit and in accordance with state legislation (section 5). The Principle also ensures that the Regulator's decision-making processes and duties remain unaffected by the recognition of these designated areas, preserving the integrity of the licensing process for GMOs (section 7).
While the Principle itself does not explicitly outline specific offences or penalties, breaches of the related state laws or the Gene Technology Act 2000 could result in various consequences. For instance, unauthorised activities involving GM crops in designated areas might lead to civil or criminal penalties under state legislation. The Gene Technology Act 2000 also contains provisions for offences and penalties related to GMO activities, which could include fines and imprisonment depending on the severity of the breach. It is important for parties to comply with both state and federal regulations to avoid such legal repercussions.