Better health and ageing for all Australians

Gene Technology

Gene Technology (Recognition of Designated Areas) Principle 2003 - Explanatory statement

Explanatory statement of the Gene Technology (Recognition of Designated Areas) Principle 2003.

In this section:

Gene Technology

>> Gene Technology Ministerial Council
>> Gene Technology Agreement
>> Gene Technology Standing Committee
>> Regulatory impact statement

Explanatory statement

Subject
  • Gene Technology Act 2000 (Commonwealth)
  • Gene Technology (Recognition of Designated Areas) Principle 2003

The Gene Technology Act 2000 (the Act) forms the central component of the national scheme for the regulation of certain dealings with genetically modified organisms (GMO's) agreed by the Commonwealth, the States and the Territories (the Gene Technology Agreement).

The Ministerial Council constituted under the Gene Technology Agreement is empowered by subsection 21 (1) of the Act to issue policy principles, including, in particular, a principle for the purpose of recognising areas designated under State (including Territory) law for the purpose of preserving the identity of genetically modified (GM) crops and non-GM crops (or both GM and non-GM crops) for marketing purposes.

Accordingly, the Gene Technology (Recognition of Designated Areas) Principle 2003 is issued under subsection 21 (1) of the Act.

The issuing of the Principle is not intended to derogate from the right of States and Territories to legislate to designate GM or non-GM areas. Nor is the Principle intended to either endorse or oppose the principle of designating GM or non-GM areas.

The issuing of the Principle is also not intended to oblige any State or Territory to legislate to designate any part or parts of its jurisdiction for the purpose of preserving the identity of GM, non-GM crops, or both GM and non-GM crops, for marketing purposes.

The Principle has consequences for:
  • paragraph 43 (2) (e) of the Act, enabling the Gene Technology Regulator (the Regulator) not to consider an application for a licence under section 40 of the Act if he or she is satisfied that to issue the licence would be inconsistent with the Principle; and
  • section 57 (1) of the Act, preventing the Gene Technology Regulator from issuing a GMO licence if he or she is satisfied that to do so would be inconsistent with the Principle; and
  • clause 2.1 in Schedule 3 of the Gene Technology Regulations 2001, to the effect that a dealing that is inconsistent with the Principle is not a notifiable low risk dealing.
However, the Principle is expressly not intended to otherwise affect the operation of:
  1. the Regulator's discretion under section 55 of the Act to issue or to refuse to issue a GMO licence; and
  2. the Regulator's duty to consider the matters mentioned in section 56 (1) of the Act in relation to the issue of a GMO licence.
Section 22 of the Act provides that a policy principle is to be developed in consultation with specified persons and groups. The Principle has been developed in accordance with section 22.

The Principle specifies that:
  • areas (if any) that are designated under a State law for the purpose of preserving the identity of GM crops, non-GM crops, or both GM and non-GM crops, for marketing purposes, are recognised under the Act (Section 5)
  • the issuing of the Principle does not require a State to make a law of the kind recognised under section 5 (Section 6)
  • the Principle does not affect the Regulator's obligations under sections 55 and 57 of the Act in relation to the issue of a GMO licence, or his or her duties to consider the matters under section 56 of the Act (Section 7)

The Principle commenced on notification in the Commonwealth Gazette, 5 September 2003.