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Information : Bill presented and read a first time. Mr VATSKALIS (Primary Industries and Fisheries): Madam Speaker, I move that the bill be now read a second time. The main purpose of this bill is to fulfil the Territory’s commitments under the Intergovernmental Agreement on Gene Technology, to adopt in the Territory a uniform Australian approach to the regulation of genetically modified organisms. For that purpose, this bill applies to the Gene Technology Act 2000, and the Gene Technology (Licensed Charges) Act 2000 of the Commonwealth as a law of the Territory, and makes provisions to help ensure that the Commonwealth act and the law of the Territory are administered on a uniform basis by the Commonwealth, as if constituted as single law of the Commonwealth. The Commonwealth and all Australian states and territories are signatories to the Intergovernmental Agreement on Gene Technology. The inter-governmental agreement on gene technology recycles, states that the Commonwealth, states and territories have agreed on, and I quote: A need for cooperative and international legislative to protect the health and safety of people and to protect the environment by identifying risks posed by, or as a result of gene technology, by managing those risks through regulating certain dealings with genetically modified organisms. The cooperative national legislative scheme inter alia should, and I quote: Provide an efficient and effective regulatory system for the application of gene technologies, operate in a seamless manner in conjunction with existing Commonwealth and state regulatory schemes relevant to genetically modified organisms and products derived from such organisms - for example, the schemes that regulate food, therapeutic goods, agricultural and veterinary chemicals, and industrial chemicals; be nationally consistent drawing on power conferred by the Commonwealth, state and territory parliaments; and be based on a scientific assessment of risks undertaken by an independent regulator. I will make a few background comments about gene technology. Biotechnology is a growth term that covers the practical use of biological systems to produce goods and services. It encompasses the transformation of materials by micro-organisms such as fermentation, handles the propagation such as plant cloning and grafting, and may involve genetic alterations through methods such as electric gridding. Recent advances in biotechnology provide ways of introducing very precise changes to genetic material. Gene technology involves some identification of organisms that direct the copulation, or deletion, of one or more genes to introduce or alter a specific characteristic or characteristics. Organisms so treated are called genetically modified organisms. Current applications of gene technology worldwide include: · research such as basic research in [inaudible] medicine, with micro-organisms and trans-genic animals; · agricultural such as genetic modification of crops, including slow-ripening of fruit, altering the timing and duration of flower production, herbicide tolerance, and pest and disease impact; · therapeutic goods; for example, modification of micro-organisms that produce therapeutic products such as insulin and vaccines in medicines for the diagnosis and the treatment of disease. · industrial uses; for example the production of enzymes for use in food processing, and paper pulp production and biological leaching of minerals. · bioremediation; for example, the use of micro-organisms to decompose toxic substances and clean up industrial sites or environmental accidents. Some aspects of gene technology cause concern in relation to possible affects in non-target organisms, the health of the community, and the environment. In order to address these concerns, Australian governments have agreed to a consistent national legislative framework that requires scientifically assessing the likelihood and consequences of risks to human health and safety, and to the environment. Most publicity and community interest has been on genetically modified organisms in agriculture. Data for 2003 shows that 18 countries grow GM crops over a total area of 67.7 million hectares, an increase in area of 15% over 2002. Six principle countries grew some 99% of the total area: the USA by far the largest with 42.8 million hectares, Argentina, Canada, Brazil, China and South Africa. The four commercialised GM crops are soya bean, maize, cotton and carnations. The most sought-after traits for genetically modified crops are herbicide tolerance, and insect resistance. In Australia under the Gene Technology Act 2000, all field trials and commercial releases of genetically modified organisms, direct intentional releases into the environment, must be licensed by the Gene Technology regulator. So far, licenses have only been issued for commercial release of genetically modified cotton, genetically modified canola and genetically modified [inaudible]. Field trials have been licensed for other crops such as pineapples, paw paws, poppy seed and sugar cane. The current Northern Territory participation in genetically modified organisms is restricted. Cotton trials at or near the Katherine Research Station have been in the order of 60 hectares in 1999, 60 hectares in 2000, 70 hectares in 2001, 45 hectares in 2002 and 70 hectares in 2003; some 60 hectares are proposed in 2004. These trials are consistent with the government’s decision of October 2003, not to allow commercial cotton growing in the Northern Territory but to allow pre-existing research trials to continue in honouring prior arrangements to do so. In terms of agricultural crops, some of the possible risks include the potential impact on traditional or organic crops; the possible effect on insect resistant crops or non-target insects such as butterflies; the potential for transport genes from herbicide tolerance from genetically modified crops to related species resulting in herbicide resistant weeds. The order of magnitude of other Territory dealings with genetically modified organisms is as follows : The Menzies School of Health Research has one licence for investigation into streptococcus, which does not involve [inaudible] release of a genetically modified organism environment. It also has nine notifications for a notifiable low risk dealing with streptococcus, scabies and Chlamydia. A notifiable low risk dealing licence is also low risk licence not involving potential release of genetically modified organisms. The CSIRO has two notifiable low risk dealings and one [inaudible] dealing with mangoes; and the Charles Darwin University has seven notifiable low risk dealings with [inaudible] plasma. Madam Speaker, I now return to the legislative framework. The legislative framework intergovernmental agreement and decision making procedures were developed with extensive consultation with all states and territories. The intention of this framework, which was negotiated over a period of two years, was to achieve a safe, transparent, robust, and nationally consistent regulatory arrangement to keep pace with development in this rapidly developing area. In Australia, dealings with genetically modified organisms are controlled under the Commonwealth Gene Technology Act 2000 to provide a gene technology regulator to oversee and manage the assessment of risk to the health and safety of people and the environment associated with dealings with genetically modified organisms; and a risk assessment process that requires the regulator to seek advice from the states and territories on an application for a licence to authorise the intentional release into to the environment of a genetically modified organism. Both matters are relevant to the preparation of the risk management plan and [inaudible] assessment and plan for the preparation, a gene technology technical advisory committee, a gene technology consultative committee, gene technology ethics committee and Gene Technology Ministerial council where the Territory delegate is the Minister for Primary Industry and Fisheries. The Gene Technology Act 2000 prohibits all dealings with genetically modified organisms unless the dealings are a licensed dealing involving either intentional release of genetically modified organisms into the environment or not involving intention release of genetically modified organizms into the environment. A notifiable low risk dealing not involving intentional release of genetically modified organisms into the environment except dealing, exempt from licensing but not from the Gene Technology Act 2000 or including the genetically modified organisation the complete list of all approved dealings with genetically modified organisms and genetically modified products. Licensed dealings, especially DIRS, attract most public interest the Gene Technology Act 2000 and the associated Gene Technology Regulations 2001 to provide the comprehensive process to the regulator to assess proposed dealings with live and viable genetically modified organisms ranging from the contained work in very fine laboratories to general releases of genetically modified organisms into the environment and extensive powers to monitor and enforce license conditions. The Office of Gene Technology Regulator invites and encourages public involvement in the assessment process for the release of genetically modified organisms into the environment. After assessing the risks in consultation with a range of [inaudible], stake holders and the public, the regulator must decide whether any identified risk can be adequately managed before making a decision on applications. A detailed risk assessment and risk management plan is prepared for every application for the release of genetically modified organisms into the environment. A minimum of 30 days is set aside to give members of the public, a wide range of experts and other stakeholders the opportunity to comment on the risk assessment and risk management plan. The total statutory time frame to deciding applications to release in the environment is 170 days. It is 90 days for application for confined dealings in laboratories. The Office of the Gene Technology Regulator has developed a proactive strategy for monitoring and compliance in line with the Gene Technology Act 2000. Most monitoring in respect of each intentional release occurs at high risk stages, such as flowering or harvesting times. In some cases the Office of the Gene Technology Regulator will also conduct unannounced spot checks to ensure that licence holders are complying with legislative requirements at all times. Findings from monitoring and compliance activities are reported in the Office of the Gene Technology Regulator quarterly report and annual report to the Commonwealth minister, with the reports available at the Office of the Gene Technology Regulator’s web site. In conclusion, I repeat that the bill merely seeks to fulfil the Territory’s commitment under the Inter-governmental Agreement on Gene Technology and to be part of the national legislative framework. Madam Speaker, I commend the bill to the members. Debate adjourned.