Part 5AEmergency dealing determinations

Part 5A—Emergency dealing determinations 72A—Simplified outline In outline, this Part provides a system under which the Minister can make determinations relating to dealings with GMOs in emergencies. This section differs from section 72A of the Commonwealth Act. Division 2—Making of emergency dealing determination 72B—Minister may make emergency dealing determination (1) The Minister may, by order published in the Gazette (an emergency dealing determination), specify dealings with a GMO for the purposes of this Part. (2) The Minister may make an emergency dealing determination only if the Minister administering section 72B of the Commonwealth Act has made, or is proposing to make, a corresponding Commonwealth emergency dealing determination. Section 72B of the Commonwealth Act includes a subsection (3) dealing with threats of a kind mentioned in subsection (2) of that section. (3) The dealings in respect of which the Minister may make an emergency dealing determination may be— (c) 1 or more specified dealings with a GMO or with a specified class of GMOs. This section differs from section 72B of the Commonwealth Act. 72C—Period of effect of emergency dealing determination (1) An emergency dealing determination takes effect— (a) on the day on which the emergency dealing determination is made; or (b) on a later day that is specified in the emergency dealing determination. (2) An emergency dealing determination ceases to have effect— (a) subject to subsection (3), at the end of the period of 6 months starting when the emergency dealing determination takes effect; or (b) at the end of the period specified by the Minister in the emergency dealing determination; or (c) when the emergency dealing determination is revoked, whichever occurs first. (3) The Minister may, by order published in the Gazette, extend the period of effect of an emergency dealing determination. (4) The Minister may extend the period of effect of an emergency dealing determination under subsection (3) more than once, but each single such extension must not exceed 6 months. (5) The Minister may extend the period of effect of an emergency dealing determination only if the Minister administering section 72C of the Commonwealth Act has under that section extended, or is proposing to extend under that section, the period of effect of the corresponding Commonwealth emergency dealing determination. (6) An order extending the period of effect of an emergency dealing determination takes effect at the time when the determination would have ceased to have effect but for the extension. This section differs from section 72C of the Commonwealth Act. Division 3—Effect and conditions of emergency dealing determination 72D—Emergency dealing determination authorises dealings, subject to conditions (1) If an emergency dealing determination is in force in respect of dealings with a GMO, those dealings are authorised, subject to the conditions (if any) specified in the emergency dealing determination. (2) Conditions may relate to, but are not limited to, the following: (a) the quantity of GMO in relation to which dealings are covered; (b) the scope of the dealings covered; (c) the purposes for which the dealings may be undertaken; (d) variations to the scope or purposes of the dealings; (e) the source of the GMO; (f) the persons who may deal with the GMO; (g) the information that is required to be given by a person and the person to whom that information is to be given; (h) obligations about informing the Regulator if— (i) a person becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings specified in the emergency dealing determination; or (ii) a person becomes aware of any contraventions of the conditions to which the emergency dealing determination is subject by any person; or (iii) a person becomes aware of any unintended effects of the dealings specified in the emergency dealing determination; (i) the storage and security of the GMO; (j) the required level of containment in respect of the dealings, including requirements relating to the certification of facilities to specified containment levels; (k) waste disposal requirements; (l) the manner in which any quantity of the GMO is to be dealt with if a condition of the emergency dealing determination is breached; (m) measures to manage risks posed to the health and safety of people, or to the environment; (n) data collection, including studies to be conducted; (o) auditing and reporting; (p) the keeping and disclosure of, and access to, records about the GMO; (q) actions to be taken in case of the release of the GMO from a contained environment; (r) the geographic area in which the dealings specified in the emergency dealing determination may occur; (s) requirements for compliance with a code of practice issued under section 24, or a technical or procedural guideline issued under section 27; (t) supervision by, and monitoring by, Institutional Biosafety Committees; (u) contingency planning in respect of unintended effects of the dealings specified in the emergency dealing determination; (v) limiting the dissemination or persistence of the GMO or its genetic material in the environment; (w) any other matters that the Minister thinks appropriate. (3) A condition under subsection (2)(f) may permit dealings with a GMO by, or may impose obligations on— (a) a specified person or persons; or (b) a specified class of person. (4) It is a condition of an emergency dealing determination that if— (a) a dealing with a GMO is specified in the emergency dealing determination; and (b) a particular condition of the emergency dealing determination applies to the dealing by a person, the person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing. (5) Subsection (4) does not limit the conditions that may be specified in an emergency dealing determination. Division 4—Variation, suspension and revocation of emergency dealing determination 72E—Variation, suspension and revocation of emergency dealing determination (1) The Minister may, by order published in the Gazette, vary the conditions to which an emergency dealing determination is subject, including by imposing new conditions, if the Minister administering section 72E of the Commonwealth Act has made, or is proposing to make, the same variation to the corresponding Commonwealth emergency dealing determination. (2) The Minister may, by order published in the Gazette, suspend or revoke an emergency dealing determination if the Minister administering section 72E of the Commonwealth Act has suspended or revoked, or is proposing to suspend or revoke, (as the case requires) the corresponding Commonwealth emergency dealing determination. Section 72E of the Commonwealth Act includes a subsection (3) dealing with consultation with the States in relation to the variation, suspension or revocation of an emergency dealing determination. (3) A variation, suspension or revocation of an emergency dealing determination takes effect— (a) if the Minister states in the variation, suspension or revocation that the variation, suspension or revocation is necessary to prevent imminent risk of death, serious illness, serious injury or serious environmental damage—on the day on which the variation, suspension or revocation is made; or (b) in any other case—on the day specified by the Minister in the variation, suspension or revocation. (4) The day specified as mentioned in subsection (3)(b) must not be earlier than 30 days after the day on which the variation, suspension or revocation is made. This section differs from section 72E of the Commonwealth Act.