Australian Capital Territory Bills Explanatory Statements
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GENE TECHNOLOGY (GM CROP MORATORIUM) BILL 2004
Gene Technology (GM Crop
Moratorium) Bill 2004
Government
Amendments
Explanatory
Statement
Amendment 1
New Clause 8 (1A) to 1C -
Exemptions
Amendment 1 outlines
responsibilities of the Minister in liasing with the Advisory Council and
granting exemptions. Under this Clause, the Minister must seek the written
advice of the Advisory council in making a determination about whether to grant
an exemption. The Advisory Council has 28 days to respond. Further, as an
accountability mechanism, where the Minister decides to grant an exemption,
against the advise of the Advisory Council, the Minister must provide the
written reasons for the decision to the Council and make those available to the
public.
Amendment
2
New Clause 10A – Advisory
Council
Amendment 2 establishes an
Advisory Council. The Advisory Council will be comprised of 8 members from
academic, scientific, community, marketing and agricultural fields. The purpose
of the Council is to ensure input from key stakeholders in decisions made by the
Minister concerning exemptions.
Amendment
3
Clause 14 – Offence –
failing to report contravention of moratorium
order
Clause 14 of the Bill imposes an
obligation for persons to report the cultivation of a GM food crop. Amendment 3
changes the standard for a person to be found to have committed an offence under
Clause 14 as being ‘reasonable grounds’. Previously the standard was
‘knows or suspects’. The standard as set by this amendment is an
objective one, determined by what a reasonable person in such circumstances
would have concluded.
Amendment
4
Clause 16 – Appointment of
inspectors
Amendment 4 is technical and
involves omitting the word ‘person’ and substituting ‘public
servant’.
Amendment
5
Clause 39
Amendment 5 concerns a consequential amendment to
the Administrative Decisions (Judicial Review) Act 1989. The amendment
requires a change in the new clause to be inserted into this Act from Clause 7
to Clause 8.
Amendment
6
Clause 39
Amendment 6 further actions Amendment
5.
Amendment
7
Dictionary
Amendment
7 inserts into the Bill a definition for the Advisory Council established under
Amendment 2 – Clause 10A.
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