Part 9Administration

Part 9—Administration 117—Simplified outline (a) provides for financial matters (see Division 3); (b) sets out reporting requirements (see Division 5); (c) requires the Regulator to ensure that certain information is entered on a record of GMO dealings (see Division 6); (d) permits the Regulator to review notifiable low risk dealings and exemptions (see Division 7). This section differs from section 117 of the Commonwealth Act. Division 2—Appointment and conditions of Regulator 118—Appointment of the Regulator Section 118 of the Commonwealth Act provides for the appointment of the Regulator. 119—Termination of appointment Section 119 of the Commonwealth Act sets out the circumstances in which the Regulator's appointment may be terminated. 120—Disclosure of interests Section 120 of the Commonwealth Act requires the Regulator to disclose his or her interests to the Minister. 121—Acting appointment Section 121 of the Commonwealth Act deals with the appointment of a person to act as the Regulator. 122—Terms and conditions Section 122 of the Commonwealth Act deals with the terms and conditions of appointment of the Regulator. 123—Outside employment Section 123 of the Commonwealth Act prohibits the Regulator from engaging in paid outside employment without the approval of the Minister. 124—Remuneration Section 124 of the Commonwealth Act provides for the payment of remuneration and allowances to the Regulator. 125—Leave of absence Section 125 of the Commonwealth Act deals with the entitlement of the Regulator to leave of absence. 126—Resignation Section 126 of the Commonwealth Act deals with the procedure for resignation by the Regulator. Division 3—Money 127—Regulator may charge for services The Regulator may charge for services provided by, or on behalf of, the Regulator in the performance of the Regulator's functions under this Act or the regulations. 128—Notional payments by the State (1) The purpose of this section is to ensure that fees and charges under this Act and the regulations are notionally payable by the State of South Australia and bodies representing the State. (2) The Treasurer may give written directions for the purpose of this section, including directions relating to the transfer of amounts within, or between, accounts operated by the State of South Australia. This section differs from section 128 of the Commonwealth Act. 129—Gene Technology Account Section 129 of the Commonwealth Act provides for the establishment of the Gene Technology Account. 130—Credits to Gene Technology Account (1) There must be paid to the Commonwealth for crediting to the Gene Technology Account the following: (a) amounts equal to money from time to time received by the State of South Australia under Division 8 of Part 5; (b) amounts equal to fees received by the State of South Australia under sections 40(6) and 83(3); (c) amounts equal to amounts received by the State of South Australia in connection with the performance of the Regulator's functions under this Act or the regulations; (d) amounts equal to amounts recovered by the State of South Australia under section 146(5) or 158(4), to the extent that they are referable to costs paid out of the Gene Technology Account. (2) The Consolidated Account is appropriated to the necessary extent to enable amounts to be paid to the Commonwealth in accordance with subsection (1). This section differs from section 130 of the Commonwealth Act. 131—Recovery of amounts The following amounts may be recovered in a court of competent jurisdiction as debts due to the State of South Australia: (a) amounts payable to the State of South Australia under Division 8 of Part 5; (b) fees payable to the State of South Australia under this Act or the regulations; (c) amounts payable to the State of South Australia in connection with the performance of the Regulator's functions under this Act or the regulations. 132—Purposes of Account Section 132 of the Commonwealth Act sets out the purposes for which money in the Gene Technology Account may be expended. Division 4—Staffing 133—Staff assisting the Regulator Section 133 of the Commonwealth Act provides for staff to be made available to assist the Regulator. 134—Consultants Section 134 of the Commonwealth Act enables the Regulator to engage consultants. 135—Seconded officers Section 135 of the Commonwealth Act provides for staff to be seconded to the Regulator. Division 5—Reporting requirements 136—Annual report (1) As soon as practicable after the end of each financial year, the Regulator must prepare and give to the Minister a report on the operations of the Regulator under this Act and the regulations during that year. (1A) The report must include information about the following: (a) GMO licences issued during the financial year; (b) any breaches of conditions of a GMO licence that have come to the Regulator's attention during the financial year; (c) emergency dealing determinations made by the Minister during the financial year; (d) any breaches of conditions of an emergency dealing determination that have come to the Regulator's attention during the financial year; (e) auditing and monitoring of dealings with GMOs under this Act by the Regulator or an inspector during the financial year. Auditing and monitoring may include spot checks. (2) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days of that House after the Minister receives the report. Section 136(3) of the Commonwealth Act requires the Regulator to give a copy of his or her report under that section to each State. 137—Reports to Parliament (1) The Regulator may at any time prepare a report about matters under this Act or the regulations and send copies of the report to the President of the Legislative Council and the Speaker of the House of Assembly to be laid before their respective Houses of Parliament. (2) The Regulator must give a copy of the report to the Minister. Section 137(2) of the Commonwealth Act requires the Regulator to give a copy of his or her report under that section to each State. Division 6—Record of GMO Dealings 138—Record of GMO Dealings (1) The Record must contain the following information, other than confidential commercial information, in relation to each licence issued under section 55: (a) the name of the licence holder; (b) the persons covered by the licence; (c) the dealings authorised by the licence and the GMO to which those dealings relate; (d) any licence conditions; (e) the date on which the licence was issued, and its expiry date (if any). (1A) The Record must contain the following information, other than confidential commercial information, in relation to each emergency dealing determination made under section 72B: (a) the dealings specified in the emergency dealing determination and the GMO to which those dealings relate; (b) any conditions to which the emergency dealing determination is subject; (c) the date on which the emergency dealing determination takes effect; (d) the date on which the emergency dealing determination will cease to have effect. (2) The Record must contain the following information, other than confidential commercial information, in relation to each notifiable low risk dealing that is notified to the Regulator in accordance with regulations under section 75: (a) the name of the person who notified the dealing; (b) such particulars of the dealing as are prescribed by the regulations for the purposes of this paragraph. (3) The Record must contain such information as is prescribed by the regulations, other than confidential commercial information, in relation to GM products mentioned in designated notifications given to the Regulator under any Act. (4) The Record must also contain— (a) a description of each dealing on the GMO Register; and (b) any condition to which the dealing is subject. (5) The Regulator must ensure that information mentioned in subsection (1), (1A), (2), (3) or (4) is entered on the Record as soon as reasonably practicable. (6) In this section— designated notification means a notification required to be given to the Regulator under an Act or any law applying as a law of the State of South Australia by force of an Act. This section differs from section 138 of the Commonwealth Act. 139—Inspection of Record Section 139 of the Commonwealth Act requires the Regulator to permit any person to inspect the Record. Division 7—Reviews of notifiable low risk dealings and exemptions 140—Regulator may review notifiable low risk dealings (1) The Regulator may, at any time, in accordance with this Division, consider the following matters: (a) whether a dealing with a GMO should be a notifiable low risk dealing; (b) whether an existing notifiable low risk dealing should no longer be a notifiable low risk dealing. (2) The basis of the Regulator's consideration must relate to— (a) the matters of which the Regulator must be satisfied under section 74(2); or (b) the matters the Regulator must consider under section 74(3). 141—Regulator may review exemptions The Regulator may, at any time, in accordance with this Division, consider the following matters: (a) whether a dealing that is an exempt dealing within the meaning of section 32 should not be an exempt dealing; (b) whether a dealing should be an exempt dealing within the meaning of that section. 142—Regulator may give notice of consideration (1) The Regulator may publish a notice inviting written submissions in relation to any matter that the Regulator may consider under section 140 or 141. The notice must— (a) specify the matters to which submissions are to relate; and (b) specify the closing date for submissions, which must not be earlier than 30 days after the date on which the notice was published. (2) If the Regulator publishes a notice under subsection (1), the Regulator must also give written notice, stating the matters mentioned in subsection (1), to— (c) each Commonwealth authority or agency prescribed by the regulations for the purposes of this paragraph. (3) A notice under this section may relate to a single matter or to a class of matters. 143—What Regulator may do after consideration (a) the matter relates to whether a dealing should be a notifiable low risk dealing; and (b) the Regulator is satisfied as mentioned in section 74(2); and (c) the Regulator has considered the matters mentioned in section 74(3), the Regulator may recommend to the Ministerial Council that the dealing be declared to be a notifiable low risk dealing. (2) If— (a) the matter relates to whether an existing notifiable low risk dealing be reconsidered; and (b) after having had regard to the matters mentioned in section 74, the Regulator considers that the dealing should not be a notifiable low risk dealing, the Regulator may recommend to the Ministerial Council that the regulations be amended accordingly. (3) If the matter relates to whether a dealing— (a) should be an exempt dealing; or (b) should cease to be an exempt dealing, the Regulator may recommend to the Ministerial Council that the regulations be amended accordingly. 144—Regulator not required to review matters Nothing in this Division requires the Regulator to consider a matter under section 140 or 141.