There is a national regulatory scheme for gene technology which regulates genetically modified organisms. The object of the scheme is to protect human health and safety and the environment by identifying risks posed by or as a result of gene technology and by managing those risks through regulating certain ‘dealings’ with GMOs.

The scheme has a number of components;

• the Commonwealth Gene Technology Act 2000;

• corresponding State and Territory legislation including the South Australian Gene Technology Act and Regulations 2001;

• the national Gene Technology Regulator;

• the Gene Technology Intergovernmental Agreement;

• the Gene Technology Ministerial Council;

• three government advisory committees on technical issues, ethics and community consultation.

The national Gene Technology Regulator (the Regulator) is responsible for regulating dealings with GMOs in Australia through a licensing system established by Commonwealth, State and Territory legislation. The Commonwealth Gene Technology Act established the Gene Technology Regulator as the single national authority to administer the Commonwealth, State and Territory legislation. The Regulator has significant independence, similar to the Auditor-General or the Tax Commissioner, and is appointed by the Governor-General with the agreement of the majority of the Commonwealth, States and Territories.

However, the issuing of a licence for the commercial release of a GMO does not give approval for the use of the GMO or its products as a foodstuff for humans. 

Because of its rigour, transparency and requirements for community consultation, the Australian GMO regulatory scheme is an international benchmark.

Under the national scheme ‘a dealing’ with a GMO is generally prohibited unless licensed by the Regulator. There are exemptions to this in the legislation such as notifiable low risk dealings. GM crops cannot be grown in Australia (in field trials or commercially) unless a licence has been granted by the Regulator.

The Regulator makes decisions about issuing licenses based on rigorous scientific assessment of: the risks to human and environmental safety posed by GMOs (risk assessment) and, the means of managing the risks to protect human and environmental safety (risk management). The Regulator has the capacity to impose conditions on licences, or to refuse to grant a licence, as necessary to protect human and environmental safety. Conditions on a license must be adhered to and breaches of licence conditions can carry stiff penalties.

Who is consulted?

The national GMO regulatory scheme is internationally recognized as having the greatest amount of public consultation during the assessment process. By law, the public is given the opportunity to comment on the risk assessment and risk management plans formulated by the Regulator. The public are also often given the chance to comment on the application prior to the risk assessment and management plans being formulated. Information on the location, scope and types of field trials is available on the Regulator’s website http://www.health.gov.au/ogtr/, and members of the public can join a mailing list which will inform them of new developments at the Office of the Gene Technology Regulator.

The Regulator must consult twice with the Gene Technology Technical Advisory Committee, the States and Territories, the Commonwealth Environment Minister, other government agencies proscribed in the legislation, and relevant local councils.

An inquiry into genetically modified crops?

The Minister for Health moved a motion on 22 August 2002 in the House of Assembly to establish a Select Committee on GMOs to report to the Parliament within 12 months on the following issues:

• Provide advice on how (within the established Commonwealth/State regulatory framework) South Australia can assess the impact of GM plant technology from the point of view of human health, environment and market access.

• Identify where the impact of genetically modified plants might be different in South Australia compared with the rest of Australia and other countries and advise on strategies that South Australia should adopt to address these differences.

• Review the relevant State, national and international reports and inquiries on genetically modified plants and report on the major issues for South Australia in relation to human health, environmental safety and market access.

• Provide advice on the means by which the South Australian community can be consulted, informed and views consolidated in relation to genetically modified plants.

The membership of the Committee will be Rory McEwen (Independent, chair), Lyn Breuer (Labor), Dean Brown (Liberal), John Rau (Labor) and Mitch Williams (Liberal).

Global agricultural resources are being eroded by pollution, urban expansion, and unsustainable farming practices. Furthermore, farmers encounter increasing demands for improved quality, more competitive prices and lower chemical usage. Gene technology may be a tool that could possibly help contribute to developing cleaner, more sustainable agriculture.

Genetically modified food and agricultural biotechnology have generated considerable interest and controversy around the world. There are many differing views about the benefits and risks associated with genetically modified organisms. While some people feel that this technology may be extremely useful, others raise questions about how the technology will impact on the environment, and have concerns about the safety of GM food products for human consumption.

Government policy regarding GMO’s will have potential impacts on many areas of South Australian life - from farming practices, science and technology, quality of the food, and the economic development of the State. For any future benefits to be realised, the South Australian community needs to be confident that any associated risks are rigorously assessed and managed through regulation that is transparent and accountable.

The national scheme places constitutional constraints on South Australia and an important focus for the Select Committee will be to identify issues unique to South Australia and advise on how to address these differences. The Select Committee will be making recommendations to Parliament on strategies for South Australia to adopt to address its unique requirements. The Select Committee will examine and consider a wide range of factors and implications associated with the introduction of GM crops into our farming systems, within the constraints of the established Commonwealth-State regulatory framework. The Select Committee will also provide an opportunity for widespread awareness raising and clarification about a complex issue. This move fulfils Labor's election promise to provide a vehicle for consultation in relation to GMOs. It allows the available evidence and issues unique to South Australia to be assessed and the South Australian community to participate. The Select Committee will then advise Parliament.

What about GM free zones?

The Gene Technology Intergovernmental Agreement established the Ministerial Council on Gene Technology. The Hon Lea Stevens, Minister for Health, represents South Australia on this Council, which sets the broad policy framework for the operation of the Regulator. The Ministerial Council has the power to issue policy principles on social, cultural, ethical and other non-scientific matters. The Regulator cannot act inconsistently with such policy principles.

The Regulator's responsibility is to assess and manage risk to human health and the environment. This responsibility does not extend to assessment or management of trade or agricultural risks. The Gene Technology Ministerial Council has the power to issue a policy principle requiring the Regulator to recognise designated areas created under state legislation for the purpose of preserving the identity of GM crops or non-GM crops for marketing purposes. This would enable, but not oblige, states and territories to enact legislation to designate such areas. These areas would be constitutionally valid and recognised by the Regulator only if declared for the purpose of preserving the identity of GM or non-GM crops for marketing purposes.

On 24 May 2002, the Minister for Health, the Hon Lea Stevens, supported the recommendation put before the Gene Technology Ministerial Council that the policy principle should be developed. This is likely to be completed by December 2002.

South Australia has already been examining the issue of GM-free zones. The Select Committee will build on a process of public consultation which commenced last year. In September 2001, the Department of Health, and Primary Industries and Resources SA released for public consultation a discussion paper entitled `Preserving the identity of non-GM crops in South Australia'. The paper canvassed community views regarding agricultural and trade risks associated with the commercial release of GM crops in South Australia, the need to manage the risks, and the mechanisms for doing so. A copy of the paper can be found at http://www.dh.sa.gov.au/pehs/id-non-gm-crops.htm . There were 30 community submissions received in response to the paper and the Select Committee will be examining the outcomes of the report.