Part 3The Gene Technology Regulator

Part 3—The Gene Technology Regulator 25—Simplified outline In outline, this Part specifies the functions and powers of the Gene Technology Regulator under this Act or the regulations. This section differs from section 25 of the Commonwealth Act. 26—The Gene Technology Regulator Section 26 of the Commonwealth Act creates the office of Gene Technology Regulator. 27—Functions of the Regulator The Regulator has the following functions: (a) to perform functions in relation to GMO licences as set out in Part 5; (b) to develop draft policy principles and policy guidelines, as requested by the Ministerial Council; (c) to develop codes of practice; (d) to issue technical and procedural guidelines in relation to GMOs; (e) to provide information and advice to other regulatory agencies about GMOs and GM products; (f) to provide information and advice to the public about the regulation of GMOs; (g) to provide advice to the Ministerial Council about— (i) the operations of the Regulator and the Gene Technology Technical Advisory Committee; and (ii) the effectiveness of the legislative framework for the regulation of GMOs, including in relation to possible amendments of relevant legislation; (h) to undertake or commission research in relation to risk assessment and the biosafety of GMOs; (i) to promote the harmonisation of risk assessments relating to GMOs and GM products by regulatory agencies; (j) to monitor international practice in relation to the regulation of GMOs; (k) to maintain links with international organisations that deal with the regulation of gene technology and with agencies that regulate GMOs in places outside South Australia; (l) such other functions as are conferred on the Regulator by this Act, the regulations or any other law. 28—Powers of the Regulator Subject to this Act, the Regulator has power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator's functions under this Act or the regulations. 29—Delegation (1) The Regulator may, by instrument in writing, delegate any of the Regulator's powers or functions under this Act or the regulations to any of the following: (a) a Public Service employee; (b) an officer or employee of a State agency, if the functions of the State agency relate, whether directly or indirectly, to GMOs or GM products; (c) an employee of a Commonwealth authority, if the functions of the Commonwealth authority relate, whether directly or indirectly, to GMOs or GM products. (2) A delegation may be made to— (a) a specified officer or employee; or (b) an officer or employee holding a specified office or position. (3) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Regulator. (4) A delegation is revocable at will and does not derogate from the power of the Regulator to act in a matter. This section differs from section 29 of the Commonwealth Act. 30—Independence of the Regulator Subject to this Act and to other laws of the State of South Australia, the Regulator has discretion in the performance or exercise of his or her functions or powers under this Act or the regulations. In particular, the Regulator is not subject to direction from anyone in relation to— (a) whether a GMO licence is issued or refused in relation to a particular application; or (b) the conditions to which a particular GMO licence is subject.