Following an extensive consultation process that commenced in 2016, the Legislative and Governance Forum on Gene Technology has agreed to amendments to the Regulations made under the Gene Technology Act 2000.
The amendments arise from the Gene Technology Regulator’s recent Technical Review of the Regulations, and provide clarity on the regulatory status of organisms developed using a range of new technologies.
Further information can be found on the Office of the Gene Technology Regulator (OGTR) website. (http://www.ogtr.gov.au)
On 13 February 2011, the Council of Australian Governments (COAG) agreed to establish a new Council System. As part of the new system the Ministerial Council became the Legislative and Governance Forum on Gene Technology (GT Forum). With this change, the remit for the Ministerial Council has been withdrawn, except in cases where it is referred to by name in instruments such as legislation, treaties and intergovernmental agreements.
The Legislative and Governance Forum on Gene Technology (GT Forum) is established by the intergovernmental Gene Technology Agreement 2001 (the Agreement). Functions conferred upon the GT Forum by the Agreement are to:
- issue policy principles, policy guidelines and codes of practice to govern the activities of the Gene Technology Regulator (the Regulator) and the operation of the Scheme (the "Scheme" refers to the national legislative scheme to protect the health and safety of people and to protect the environment, by identifying risks posed by, or as a result of, gene technology and by managing those risks through regulating certain dealings with genetically modified organisms);
- approve proposed regulations for the purpose of the Scheme;
- approve by special majority any extension of an emergency dealing determination;
- approve the appointment (and, if necessary, the dismissal) of the Regulator, and of the chairpersons of the Gene Technology Technical Advisory Committee (GTTAC) and the Gene Technology Ethics and Community Consultative Committee (GTECCC) and advise the responsible Commonwealth Minister on the appointment of the members of those bodies;
- ensure co-ordination with other Fora on matters relating to gene technology and, in particular, harmonisation of regulatory processes relating to GM products;
- oversee generally the implementation of the Scheme;
- consider and, if thought fit, agree on proposed changes to the Scheme;
- initiate a review of the Scheme in accordance with the specifications of the Gene Technology Agreement; and
- perform any other function conferred on the GT Forum by the Gene Technology Agreement.
Membership of the GT Forum includes one ministerial member from the Commonwealth and all States and Territories. Each member is to be nominated by their Head of Government. Currently, the GT Forum comprises Ministers from a range of portfolios including health, agriculture and primary industries.
Legislative and Governance Forum on Gene Technology (as at 07 June 2019)
||The Hon Richard Colbeck
Minister for Aged Care and Senior Australians, Minister for Youth and Sport
||The Hon Leeanne Enoch MP
Minister for Environment and the Great Barrier Reef, Minister for Science, Minister for the Arts
||The Hon Adam John Marshall MP
Minister for Agriculture, Minister for Western New South Wales
||The Hon Jenny Mikakos MP
Minister for Health, Minister for Ambulance Services
||The Hon Stephen Wade MLC
Minister for Health and Wellbeing
||The Hon Alannah MacTiernan MP
Minister for Regional Development, Agriculture and Food, Minister for Ports, Minister assisting the Minister for State Development, Jobs and Trade
||The Hon Guy Barnett MP
Minister for Primary Industries and Water, Minister for Energy, Minister for Veterans’ Affairs
||The Hon Paul Kirby MLA
Minister for Primary Industry and Resources
||The Hon Rachel Stephen-Smith
Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Children, Youth and Families, Minister for Health and Minister for Urban Renewal
Chairing arrangements and meeting program
The Agreement provides for the GT Forum to determine the rotation of the position of Chair annually (or at such longer intervals as the Council determines).
The GT Forum meets at such times and places as a majority of the members determine however, most items are considered out-of-session.
Associated meetings of officials
The GT Forum is supported by the Gene Technology Standing Committee (the Standing Committee). The Standing Committee comprises senior officials from all jurisdictions and is chaired by a senior official from the Commonwealth Government Department of Health.
Officers from the Department of Health provide secretariat support for the GT Forum and the Standing Committee.
Secretariat contact details:
Legislative and Governance Forum on Gene Technology Secretariat
Department of Health
GPO Box 9848
Canberra ACT 2601
Fax: 02 6289 8060
Email Gene Technology Secretariat: [email protected]
The first point of contact for GT Forum or Standing Committee business is the Secretariat.
The Gene Technology Act 2000 and the Gene Technology Regulations 2001
The Gene Technology Act 2000 (the Act) was developed in consultation with all Australian jurisdictions over a number of years to establish a nationally consistent regulatory system for gene technology.
The object of the Act is to protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with genetically modified organisms.
The Act also establishes a statutory officer, the Gene Technology Regulator, to make decisions under the Act.
The Act is supported by the Gene Technology Regulations 2001 (the Regulations); an inter-governmental agreement; and corresponding legislation that is being enacted in each State and Territory.
At the 3 July 2008 Council of Australian Governments (COAG) meeting, all jurisdictions signed the inter-governmental agreement reaffirming their commitment to a nationally consistent scheme for gene technology.
The operation of the Act and Regulations is overseen by the Legislative and Governance Forum on Gene Technology.
The Gene Technology Act 2000 (this link will take you to the Federal Register of Legislation internet site).
The Gene Technology Regulations 2001 (this link will take you to the Federal Register of Legislation internet site).
The Office of the Gene Technology Regulator
The Gene Technology Agreement
A key part of the Scheme is the provision for policy principles that may be issued by the GT Forum to guide the operation of the national regulatory system. They also govern the work of the Regulator.
Gene Technology (Recognition of Designated Areas) Principle 2003
Under the Gene Technology Act 2000, the GT Forum has the power to issue a policy principle which would recognise States' and Territories rights to designate under State and Territory law special areas that are either for genetically modified (GM) or non-GM crops for market purposes. The Regulator must then act consistently with the policy principle.
At its 24 May 2002 meeting, the GT Forum (then known as the Ministerial Council) agreed to start work on this policy principle. The Standing Committee, consisting of senior Commonwealth, State and Territory government officials, developed a draft policy principle and related documents. These documents were released for public comment in May 2003.
Once the consultation process was completed, a report of the outcome of the consultation was prepared and used to inform consideration of the final policy principle by the then Ministerial Council. On 31 July 2003, the then Ministerial Council agreed to the issuing of the Gene Technology (Recognition of Designated Areas) Principle 2003. The policy principle was published in the Commonwealth Government Special Gazette No. S340 on Friday 5 September 2003 and were tabled in each House of the Australian Parliament on 9 September 2003.
A copy of final policy principle, explanatory statement, and final regulatory impact statement can be obtained by emailing the Gene Technology Secretariat at [email protected]
Emergency Dealing Extension Determination 2008 (this link will take you to the Federal Register of Legislation internet site).