Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002

1: Title
1: This Act is the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Expiry
Sections 6 9
4: Purpose
The purpose of this Act is—
a: to require the Environmental Risk Management Authority (the Authority
b: to impose a restriction, from 29 October 2001 to the close of 29 October 2003, on the Authority considering or approving applications to import new organisms for release or to release new organisms from containment if the new organisms are genetically modified organisms; and
c: to provide exceptions to the restriction; and
d: to provide transitional provisions for approved applications relating to certain genetically modified organisms.
2: Amendments to principal Act
5: Interpretation
Section 2(1) containment structure genetic element
a: heritable material; and
b: any genes, nucleic acids, or other molecules from the organism that can, without human intervention, replicate in a biological system and transfer a character or trait to another organism or to subsequent generations of the organism heritable material .
6: New
section 25AA Section 6 repealed 30 October 2003 13(2) Hazardous Substances and New Organisms Amendment Act 2003
7: New
section 44A
1: The principal Act is amended by inserting, after section 44
44A: Additional matters to be considered for certain developments and field tests
1: This section applies to an application—
a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure:
b: to field test a new organism in containment if the new organism is a genetically modified organism.
2: In deciding whether to approve or decline an application, the Authority must take into account—
a: any adverse effects of developing or field testing the organism on—
i: human health and safety; and
ii: the environment, in particular ecosystems and their constituent parts; and
b: any alternative method of achieving the research objective that has fewer adverse effects on the matters referred to in paragraph (a)
c: any effects resulting from the transfer of any genetic elements to other organisms in or around the site of the development or field test.
3: The matters referred to in subsection (2) sections 44 and 45
4: In this section, field test
2: This section does not apply in relation to applications for approvals to develop new organisms in containment made before 1 April 2002.
8: New
section 45A
1: The principal Act is amended by inserting, after section 45
45A: Controls required for certain developments and for all field tests
1: This section applies to an approval under section 45
a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure; or
b: to field test a new organism in containment if the new organism is a genetically modified organism.
2: An approval—
a: must include controls to ensure that, after the end of the development or field test, the organism and any heritable material from the organism is removed or destroyed; and
b: may include controls to ensure that, after the end of the development or field test and after heritable material is removed or destroyed, some or all of the genetic elements remaining from the organism are removed or destroyed.
3: In subsection (2) destroyed
2: This section does not apply in relation to applications for approvals to develop new organisms in containment made before 1 April 2002.
9: New
Part 5A Section 9 repealed 30 October 2003 43(2) Hazardous Substances and New Organisms Amendment Act 2003
10: Transitional provision
1: This section applies to an approval issued by the Authority if—
a: the approval was issued in the period beginning on 29 October 2001 and ending on the close of the day before the date on which this Act receives the Royal assent; and
b: had this Act been in force when the approval was issued, sections 44A 45A
2: The Authority must review the approval within 5 working days after the commencement of this Act.
3: The Authority must cancel the approval if, after reviewing the approval, it decides that, had section 44A
4: If the Authority cancels an approval under subsection (3)
a: stop the field test of the organism; and
b: dispose of the organism in accordance with the controls as to disposal in the approval.
5: The Authority must include additional controls, or substitute controls, or both, if, after reviewing the approval, it decides that,—
a: had section 45A
b: had section 44A
6: Controls added or substituted under subsection (5)
7: No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of this section.
11: Schedule 3
1: Part 1 clause 6 or field testing
2: Part 1 clause 6
6A: Controls imposed on an approval to field test a genetically modified organism—
a: must specify—
i: inspection and monitoring of containment facilities during the field test; and
ii: inspection and monitoring of the site, after the field test, to ensure that all heritable material is removed or destroyed; and
b: may specify inspection of the site before field testing commences.
6B: Clause 6A