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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-08-26 Daily Xml
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Gene Technology (Adoption of Commonwealth Amendments) Amendment Bill

Introduction and First Reading

The Hon. R.I. LUCAS (Treasurer) (17:41): On behalf of the Minister for Health and Wellbeing, obtained leave and introduced a bill for an act to amend the Gene Technology Act 2001. Read a first time.

Second Reading

The Hon. R.I. LUCAS (Treasurer) (17:41): I move:

That this bill be now read a second time.

The bill before the house today will allow the South Australian Gene Technology Act 2001 to adopt future amendments to the commonwealth gene technology legislation by regulation. The purpose of this amendment is to prevent any future periods where South Australian legislation is inconsistent with the National Gene Technology Scheme.

The National Gene Technology Scheme is administered in each Australian jurisdiction through their respective laws, with each state and territory mirroring the commonwealth gene technology legislation. Each jurisdiction takes a different approach to adopting the commonwealth legislation, with several using automatic adoption processes. South Australia undertakes a full legislative process each time there are amendments to commonwealth gene technology law which can lead to inconsistencies between state and national regulatory requirements while this process is being undertaken.

Applying an adoption by regulation process to the South Australian gene technology legislation would mean that future changes to the commonwealth legislation would be considered by the South Australian government as amendment of act regulations with options to adopt, not adopt, or adopt with modification, any changes to the commonwealth gene technology laws. Parliament would retain the right to review and disallow the regulations.

Changes can only be made to the commonwealth legislation after consideration by the Gene Technology Forum, of which the Minister for Health and Wellbeing is the South Australian member, and full public consultation.

The Gene Technology (Adoption of Commonwealth Amendments) Amendment Bill 2021 will ensure regulatory requirements are consistent, reducing confusion and minimising the risk of noncompliance for clinicians, researchers, industry, transport companies and farmers who deal with gene technology. Aligning state and national gene technology provisions more efficiently will reduce inequity and prevent the hindrance of innovation. I commend the bill to members and I seek leave to have the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

EXPLANATION OF CLAUSES

Part 1—Preliminary

1—Short title

These clauses are formal.

2—Amendment provisions

Part 2—Amendment of Gene Technology Act 2001

3—Insertion of section 5A

This clause inserts new section 5A which provides that the Governor may, by regulation, amend the Gene Technology Act 2001 to give effect to an amendment to the Gene Technology Act 2000 of the Commonwealth made by the Commonwealth Parliament. The Governor must be satisfied that an amendment that corresponds, or substantially corresponds, to the Commonwealth amendment should be made to the Gene Technology Act 2001.

In making a regulation under proposed new section 5A, the Governor may make any additional provision considered by the Governor to be necessary to ensure that the Commonwealth amendment has proper effect under the law of South Australia.

A regulation made under proposed new section 5A may take effect from the day of the commencement of the Commonwealth amendment, including a day that is earlier than the day of the regulation's publication in the Gazette.

Debate adjourned on motion of Hon. I.K. Hunter.

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