GENE TECHNOLOGY ACT 2000 - SECT 194 Review of operation of Act
GENE TECHNOLOGY ACT 2000 - SECT 194
Review of operation of Act(1) The Ministerial Council must cause an independent review of the operation of this Act, including the structure of the Office of the Gene Technology Regulator, to be undertaken as soon as possible after the fourth anniversary of the commencement of this Act.
(2) A person who undertakes such a review must give the Ministerial Council a written report of the review.
(3) The Minister, on behalf of the Ministerial Council, must cause a copy of the report of the review to be tabled in each House of the Parliament within 12 months after the fourth anniversary of the commencement of this Act.
"independent review" means a review undertaken by persons who:
(a) in the opinion of a majority of the Ministerial Council possess appropriate qualifications to undertake the review; and
(b) include one or more persons who are not employed by the Commonwealth or a Commonwealth authority.
This Part contains the definitions used in this Act.
This Part contains provisions to facilitate the conferral of functions and powers on the Regulator under State legislation, in order to facilitate a nationally consistent regulatory scheme.
This Part contains provisions to enable the concurrent operation of certain State legislation in relation to GMOs, and gives the capacity for this Act to have a more limited operation when corresponding State legislation is in force.
This Part also enables the Ministerial Council to issue policy principles, policy guidelines and codes of practice.
This Part deals with the regulation of dealings with GMOs.
This Part prohibits dealings with GMOs unless:
(a) the person undertaking the dealing is authorised to do so by a GMO licence; or
(aa) the dealing is specified in an emergency dealing determination; or
(b) the dealing is a notifiable low risk dealing (see Division 2 of Part 6); or
(c) the dealing is an exempt dealing; or
(d) the dealing is included in the GMO Register (see Division 3 of Part 6).
This Part provides a licensing system under which a person can apply to the Regulator for a licence authorising dealings with GMOs.
This Part sets out the processes to be followed by the Regulator in relation to applications involving 2 kinds of dealings:
(a) those that involve the intentional release of a GMO into the environment; and
(b) those that do not involve the intentional release of a GMO into the environment.
Division 2 of this Part establishes a mechanism for the regulations to regulate certain dealings with GMOs that do not involve the intentional release of GMOs into the environment ( notifiable low risk dealings ).
The regulations may (among other things) require that the Regulator be notified of such dealings.
Division 3 of this Part establishes the GMO Register.
The Regulator may determine that certain dealings previously authorised by a licence be included on the GMO Register.
If a dealing is included on the GMO Register, anyone may undertake the dealing, subject to any specified conditions.
Division 2 of this Part establishes a system under which the Regulator may certify facilities to specified containment levels in accordance with guidelines issued by the Regulator. Licence conditions , or conditions to which an emergency dealing determination is subject, can require that facilities be certified to specified containment levels.
Division 3 of this Part enables the Regulator to accredit organisations in accordance with accreditation guidelines issued by the Regulator. Licence conditions , or conditions to which an emergency dealing determination is subject, can specify that dealings must be supervised by an Institutional Biosafety Committee established by an accredited organisation.
This Part provides for the establishment of the Gene Technology Technical Advisory Committee and the Gene Technology Ethics and Community Consultative Committee .
The Part sets out the membership of these bodies, and their functions.
This Part provides for various administrative matters.
Division 2 sets out matters relating to the appointment, conditions and remuneration of the Regulator.
Division 3 provides for financial matters, including the establishment of a special account, called the Gene Technology Account.
Division 4 provides for matters relating to staffing.
Division 5 sets out reporting requirements.
Division 6 requires the Regulator to maintain a record of GMO dealings .
Division 7 permits the Regulator to review notifiable low risk dealings and exemptions.
(a) the Regulator believes that the person is not complying with this Act or the regulations; and
(b) the Regulator believes that it is necessary to do so in order to protect the health and safety of people or to protect the environment , or for certain other reasons .
(a) the Regulator believes that the person is not complying with this Act or the regulations; and
(b) the Regulator believes that it is necessary to do so in order to protect the health and safety of people or to protect the environment or for certain other reasons.
This Part provides for powers of inspection in relation to monitoring and offences.
Division 2 provides for the appointment of inspectors.
Divisions 3 to 9 deal with the powers and obligations of inspectors, and the rights and responsibilities of an occupier of premises when an inspector seeks to exercise powers.
Division 10 sets out procedures relating to monitoring warrants and offence - related warrants.
This Part does not limit the conditions to which a licence or an emergency dealing determination can be subject, and section 64 imposes a condition in relation to monitoring dealings with GMOs.
(a) review of decisions;
(b) provisions relating to confidential commercial information;
(c) the making of regulations;
(d) transitional provisions;
(e) review of the operation of the Act.