Gene Technology Amendment Act 2016 (VIC)

The Victorian Government has given assent on 23 August 2016 to the Gene Technology Amendment Act 2016 (No. 43 of 2016) to amend the Gene Technology Act 2001 (VIC) as required as a result of the Commonwealth Gene Technology Amendment Act 2015 (CTH). The Act will ensure that Victoria maintains consistent gene technology legislation with the Commonwealth and other States and Territories as part of the national gene technology regulatory scheme.

Background to the Amending Act

As explained by Victoria’s Minister for Health, Jill Hennessy, the Gene Technology Act 2001, is the “mechanism by which Victoria participates in a nationally consistent regulatory framework for gene technology established by an intergovernmental gene technology agreement in 2001.”

It has always been the objective of the scheme to facilitate a framework that would protect the health and safety of persons and the environment with efforts to identify risks posed by gene technology and tackle those risks by regulating certain dealings with genetically modified organisms.

As a result of the gene technology agreement, a Federal body known as the Office of the Gene Technology Regulator was established. A further scientifically based licensing system accompanied this with the aim of stipulating conditions for managing genetically modified organism in scientific research.

In 2011, an independent review into the Commonwealth Act was conducted which was followed by an all government response. This led to gene technology ministers throughout Australia discussing and approving a series of amendments to the Commonwealth Act which were passed by the Commonwealth Parliament on 10 September 2015.

The Amending Act

The amendments introduced by the Victorian Act are minor in nature. Specifically, they are technical and machinery amendments and aim to improve the efficiency and clarity of the Victorian Act so that it would stand in line with the Commonwealth Act. Some of the provisions introduced by the amending Act are to:

• Discontinue the gene technology regulator’s quarterly reporting requirements;
• Clarify the dealings authorised by ‘inadvertent dealings licences’;
• Update advertising requirements for certain public consultation purposes; and
• Grant greater flexibility to licence holders seeking to vary the conditions of their licences.

Many other minor amendments are made to the Act with the fundamental policy of the Act remaining unchanged.

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 Gene Technology Amendment Act 2016, Act, Bill, Second Reading Speeches and Explanatory Memorandum as published on LawOne