Australian Capital Territory
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 2	Gene Technology Act 2003
	4	Independence of regulator
Section 30 (2) (a)	3
	5	Division does not apply to an application relating to inadvertent dealings
Section 46A (a)	3
	6	Division does not apply to an application relating to inadvertent dealings
Section 49 (a)	4
	7	Variation of licence
Section 71 (2B)	4
	8	Notifiable low risk dealings
Section 74 (3), except notes	5
	9	Simplified outline—pt 9
Section 117 (c)	5
	10	Annual report
New section 136 (1A)	6
	11	Quarterly reports
Section 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 3	Gene Technology Regulation 2004
	19	Section 39 heading	9
	20	Section 39 (2)	9

Australian Capital Territory
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 1	Preliminary
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.
Note	The 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 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
12	Division 9.6 heading
substitute
Division 9.6	Record of GMO dealings
13	Section 138 heading
substitute
138	Record of GMO dealings
14	Section 138 (3)
omit
15	Section 138 (5)
omit
(2), (3) or (4)
substitute
(2) or (4)
16	Section 138 (6), except note
omit
17	New part 13
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 Legislation Act, s 88).
18	Dictionary, definition of GM record
omit
and GM Product

Part 3	Gene Technology Regulation 2004
19	Section 39 heading
substitute
39	Record of GMO dealings
20	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 www.legislation.act.gov.au.

I 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