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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-10-26 Daily Xml
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Gene Technology (Adoption of Commonwealth Amendments) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 26 August 2021.)

The Hon. K.J. MAHER (Leader of the Opposition) (18:08): I rise as the lead speaker for the opposition on the Gene Technology (Adoption of Commonwealth Amendments) Amendment Bill 2021. The National Gene Technology Scheme is administered by each state and territory via their respective laws, each jurisdiction taking a separate approach as to how they adopt changes to the commonwealth legislation. There are three separate approaches to the application of these laws across jurisdictions.

New South Wales applies the commonwealth legislation automatically, as if it were an amendment to their own state legislation. Tasmania, the Northern Territory and Queensland apply the commonwealth legislation automatically but with the ability to modify the legislation by regulation. Victoria and the ACT amend their state-based legislative schemes to align with the commonwealth amendments via the usual parliamentary process, and this is similar to the current South Australian approach.

This bill before us aims to enable the adoption amendments to the commonwealth gene technology laws via regulation as opposed to South Australia taking a full legislative process each time there are amendments to national laws. Changes to national laws are deliberated and approved under the remit of the Gene Technology Forum, comprising representatives of each jurisdiction—I understand that the Minister for Health and Wellbeing is our South Australian representative on this forum.

Moving to the adoption of commonwealth amendments by regulation prevents future instances of the South Australian legislation being at odds with the national scheme during the period of the adoption of those amendments being potentially held up in the legislative process. The opposition notes that, under the proposed changes, objectionable amendments by the commonwealth could still be disallowed and this provides an avenue for ongoing scrutiny. The opposition indicates it will be supporting the legislation before us.

Debate adjourned on motion of Hon. D.G.E. Hood.

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