2011
 Submission to the 2011 Review of the Western Australian Gene Technology Act 2006
Agrifood Awareness Australia Limited welcomes the opportunity to make a submission to the Western Australian Gene Technology Act 2006.
Statutory Review of the Gene Technology Act 2000
Agrifood Awareness Australia Limited welcomes the opportunity to submit this paper to the 2011 Statutory Review of the Gene Technology Act 2000.
Patent Amendment (human Genes and Biological Materials) Bill 2010
Submission to the Senate Legal and Constitutional Committee on Patent Amendment(Human Genes and Biological Materials) Bill 2010
2010
Federal Food Labelling Review
AFAA drafted, produced and submitted a GM industry position statement entitled ‘GM Food Labelling – Delivering affordable choice’ to this review. The statement supported Australia’s current GM food labeling laws, and was endorsed by eleven industry organisations.
2009
Western Australia
The use of gene technology in Australia is regulated under a national system centred on the
Commonwealth Gene Technology Act 2000 (GT Act).
Under the GT Act, dealings with genetically modified (GM) organisms that involve the intentional release of a GM organism into the environment are prohibited unless licensed by the Gene Technology Regulator. The cultivation of GM crops involves the intentional release of a GM organism into the environment and therefore must be covered by a licence.
To date, four GM organisms have been licensed for commercial release in Australia – GM cotton;
GM canola; GM carnations and a GM rose. These are the only GM crops that could be legally
cultivated anywhere in Australia at present.
The object of the GT Act is to “protect the health and safety of people and the environment by identifying risks posed by or as a result of gene technology, and managing those risks by regulating certain dealings with genetically modified organisms.”
The GT Act does not address the issue of the marketing, or marketability, of GM crops or non-GM crops, but the ability of the States and Territories to do this is acknowledged in section 21 of the Act. This section provides for policy principles to be issued recognising areas, if any, designated under State law for the purpose of preserving the identity of GM crops and/or non-GM crops for marketing purposes.
Between 2003 and 2004, Tasmania, South Australia, New South Wales, the Australian Capital Territory, Victoria and Western Australia enacted laws for this purpose. Western Australia’s law is the Genetically Modified Crops Free Areas Act 2003. This Act is now under review and submissions to the review are invited from interested people and organisations.
The Genetically Modified Crops Free Areas Act 2003, in section 4, enables the Minister for Agriculture and Food to designate, by order published in the Government Gazette, an area of the State or the whole State as an area in which genetically modified crops (of any kind) must not be cultivated or in which specified genetically modified crops must not be cultivated. Section 5 makes it an offence to cultivate a GM crop in contravention of an order under section 4, but exemptions, which also take the form of an order by the Minister published in the Government Gazette, may be granted under section 6. An exemption order may be granted in relation to a specified person or specified class of persons, to a specified extent, in relation to a specified area or in any other specified way and may be made subject to conditions.
Early in 2004, the Genetically Modified Crops Free Areas Order 2004 was published. This order was made for the purpose of preserving the identity of non-GM crops for marketing purposes and designated the whole of the State as an area in which GM crops must not be cultivated.
Since the publication of this order a number of exemption orders have been published. The most significant of these are the recent exemptions for GM cotton in the Ord River Irrigation Area and for limited commercial scale trials of GM canola as approved by the Chief Executive Officer of the Department of Agriculture and Food. The exemption orders may be accessed through the State Law Publisher’s website.
Under section 19 of the Genetically Modified Crops Free Areas Act 2003 a review of the operation
and effectiveness of the Act is now required and the Minister has appointed Mr Greg Calcutt AM SC to assist in carrying out the review. Submissions to the review are invited from interested people and organisations and a report of the review will be tabled in both Houses of the State Parliament before 24 December 2009.
The review will consider the operation and effectiveness of the Act and therefore, in considering and making submissions it is necessary to keep in mind the distinction between the Act and any policy that has been to date or may in the future be implemented under the Act. It is also useful to keep in mind that in the absence of the Act, GM cotton, GM canola, GM roses and GM carnations, having been assessed by the Gene Technology Regulator as not posing a risk to human health or the environment and being licensed under the GT Act could be legally cultivated anywhere in Western Australia along with any other GM crops that may be licensed by the Regulator in the future.
The Act addresses only the cultivation of GM crops. Consequently, issues such as the safety and labelling of genetically modified foods, legal liability, the use of pesticides, intellectual property in genetically modified crops and the role of multinationals in the development and use of genetically modified crops are largely beyond the scope of the review.
AFAA submission to the Review of the Genetically Modified Crops Free Areas Act 2003.
2008
Moratoria Review Outcomes
In 2007, New South Wales, South Australia and Victoria reviewed their moratorium on the commercial cultivation of GM crops (or GM canola). The below provides an overview of each states review outcome.
New South Wales
In December 2007, the New South Wales Government amended the state’s Gene Technology (GM Crop Moratorium) Act 2003. The government extended the Act until July 2011 and replaced the GM canola specific moratorium orders with a blanket moratorium on all GM food crops. A moratorium therefore continues to exist in New South Wales, however, the amended legislation provides for the approval of the commercial cultivation of a specific GM food crop where the relevant industry makes an application which addresses criteria on industry preparedness to manage the GM food crop. The application is assessed by an Expert Committee which provides advice to the Minister for Primary Industries.
A representative of the canola industry made an application to the Primary Industries Minister for GM canola to be approved for commercial release in New South Wales. The Minister referred the application to the Expert Committee who assessed the application and provided advice to the Minister that the application met the specified criteria.
On 14 March 2008, the Minister announced the approval of the commercial cultivation of GM canola in New South Wales.
Genetically modified cotton has not been banned in New South Wales and has been grown commercially since 1996. As the New South Wales moratorium is specific to food crops it therefore excludes cotton.
For further information:
http://www.dpi.nsw.gov.au/agriculture/field/field-crops/oilseeds/canola/gm
AFAA submission to New South Wales Review Panel
2007 - Source: Agrifood Awareness Australia Limited
South Australia
The South Australian Government reviewed its moratorium on the commercial cultivation of GM crops in 2007. The state’s Genetically Modified Crop Advisory Committee prepared a report for the Minister for Agriculture, Fisheries and Forestry which examined any market and trade impacts on the introduction of GM crops. The committee recommended that the South Australian Government lift the moratorium except on Kangaroo Island. Despite the review recommendations, the Premier and Minister for Agriculture, Fisheries and Forestry announced that the moratorium would be extended until 2019.
For further information:
http://www.pir.sa.gov.au/gmc
AFAA South Australian GM Crops Management Act consultation
2008 - Source: Agrifood Awareness Australia Limited
AFAA submission to South Australian Review Panel
2007 - Source: Agrifood Awareness Australia Limited
Victoria
In 2007, the Victorian Government established an Independent Review Panel to identify the impacts on the Victorian economy of the current moratorium, and any future moratorium. The final report prepared for the Victorian Minister for Agriculture stated that “The Panel finds no compelling market or price advantage that can be attributed to Australia’s non GM status as a bulk canola exporter over the past four years.” The recommendations by the panel included that the Victorian Government allow the moratorium on GM canola to expire. On 27 November, 2007 the Victorian Government announced that it would let the moratorium expire in February 2008.
For further information:
www.dpi.vic.gov.au/
AFAA submission to Victorian Review Panel
2007 - Source: Agrifood Awareness Australia Limited
2007
Moratoria Reviews
Aside from Queensland and the Northern Territory all other states in Australia have a moratorium in place preventing the commercial cultivation of Genetically Modified (GM) canola or GM crops. These moratoria or bans were introduced in response to concerns regarding market and trade considerations – issues that are not addressed as part of the national regulatory system. Most of these moratoria were introduced four years ago and are now being reviewed.
In New South Wales and Victoria the governments have established independent review committees which have received submissions and are now reviewing the evidence. In South Australia submissions have been referred to the existing GM Crop Advisory Committee for its independent assessment. Final reports and recommendations will be delivered to the relevant Agriculture Minister.
Individual State submissions made by Agrifood Awareness Australia Limited can be found below:
2006
Report of the review of the Gene Technology Act 2000 27/04/06
The Gene Technology Ministerial Council (GTMC) is required to cause an independent review of the Gene Technology Act 2000, with the report of the review to be tabled in both Houses of Parliament. On 27 April 2006, the GTMC considered the review report and it was tabled in Parliament.
Copies of the report can be found at:
www.health.gov.au/internet/wcms/publishing.nsf/Content/gtreview-report.htm
Report of the Food and Agriculture Policy Reference Group 16/02/06
The Agriculture and Food Policy Reference Group has identified the principal issues and challenges that need attention if agriculture and food businesses are to be successful over the next ten to fifteen years. The nature of modern businesses and the environment in which they operate mean there is no single area of highest priority.
Copies of the report can be found at:
www.agfoodgroup.gov.au/next_generation.html
2005
Submission to the Agriculture & Food Policy Reference Group 18/07/05
Submission to the Review of the Gene Technology Act 2000 15/07/05
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