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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Gene Technology (Miscellaneous) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Gene
Technology Act 2001
.
Contents
Part 2—Amendment of Gene Technology
Act 2001
3Amendment of section
10—Definitions
4Amendment of section 30—Independence of
the Regulator
5Amendment of section
46A—Division does not apply to an application relating to inadvertent
dealings
6Amendment of section
49—Division does not apply to an application relating to inadvertent
dealings
7Amendment of section 52—Public
notification of risk assessment and risk management plan
8Amendment of section
71—Variation of licence
9Amendment of section 74—Notifiable low
risk dealings
10Amendment of section 117—Simplified
outline
11Amendment of section 136—Annual
report
13Amendment of heading to Part 9 Division
6
Schedule 1—Transitional
provisions
and
6
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Gene Technology (Miscellaneous) Amendment
Act 2016.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Gene Technology
Act 2001
3—Amendment
of section 10—Definitions
Section 10(1), definition of Record—delete "and GM
Product"
4—Amendment
of section 30—Independence of the Regulator
Section 30(a)—delete paragraph (a) and substitute:
(a) whether a GMO licence is issued or refused in relation to a particular
application; or
5—Amendment
of section 46A—Division does not apply to an application relating to
inadvertent dealings
Section 46A(a)—delete paragraph (a) and 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—Amendment
of section 49—Division does not apply to an application relating to
inadvertent dealings
Section 49(a)—delete paragraph (a) and 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—Amendment
of section 52—Public notification of risk assessment and risk management
plan
(1) Section 52(1)(b)—delete paragraph (b) and substitute:
(b) in 1 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
(2) Section 52(1)(c)—delete "(if any)"
8—Amendment
of section 71—Variation of licence
Section 71(2B)—delete subsection (2B) and 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.
9—Amendment
of section 74—Notifiable low risk dealings
Section 74(3)—delete subsection (3) and substitute:
(3) Before the Governor 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 1 or more of the requirements
prescribed in the regulations for the purposes of subsection (2) would be
sufficient to manage that risk; and
(c) any other matter the Regulator considers appropriate.
10—Amendment
of section 117—Simplified outline
Section 117(c)—delete "GMOs and GM products" and
substitute:
GMO dealings
11—Amendment
of section 136—Annual report
Section 136—after subsection (1) 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.
Section 136A—delete the section
13—Amendment
of heading to Part 9 Division 6
Heading to Part 9 Division 6—delete "and GM Product"
Schedule 1—Transitional
provisions
In this Schedule—
old Act means the
Gene
Technology Act 2001
as in force immediately before the commencement of this
Schedule.
2—Transitional
provision relating to enactment of
sections
5
and
6
The amendments of the old Act made by
sections 5
and
6
of this Act apply in relation to—
(a) an inadvertent dealings application made on or after the commencement
of this clause; and
(b) an inadvertent dealings application made, but not decided, before that
commencement.
3—Transitional
provision relating to enactment of
section 8
The amendment of the old Act made by
section 8
of this Act applies in relation to—
(a) an application for variation of a licence made on or after the
commencement of this clause; and
(b) an application for variation of a licence made, but not decided,
before that commencement.
4—Transitional
provision relating to repeal of section 136A by
section 12
If, when this clause commences—
(a) the Regulator has given a report to the Minister under subsection
136A(1) of the old Act; and
(b) the Minister has not yet caused a copy of the report to be laid before
each House of the Parliament in accordance with subsection 136A(3) of the
old Act,
subsection (3) of section136A of the old Act continues to have effect
in relation to the report as if that subsection had not been repealed.