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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.