Subdiv 2Policy principles, policy guidelines and codes of practice

Subdivision 2—Policy principles, policy guidelines and codes of practice 21—Ministerial Council may issue policy principles (1) The Ministerial Council may issue policy principles in relation to the following: (a) ethical issues relating to dealings with GMOs; (aa) recognising areas, if any, designated under a law of South Australia for the purpose of preserving the identity of one or both of the following: (i) GM crops; (ii) non-GM crops, for marketing purposes; (b) matters relating to dealings with GMOs prescribed by the regulations for the purposes of this paragraph. Section 57 provides that the Regulator must not issue a licence if to do so would be inconsistent with a policy principle. (2) Before issuing a policy principle, the Ministerial Council must be satisfied that the policy principle was developed in accordance with section 22 of the Commonwealth Act. (3) Regulations for the purposes of subsection (1)(b) may relate to matters other than the health and safety of people or the environment, but must not derogate from the health and safety of people or the environment. This section differs from section 21 of the Commonwealth Act. 22—Consultation on policy principles The Commonwealth Act includes a provision about how policy principles are to be developed. 23—Ministerial Council may issue policy guidelines The Ministerial Council may issue policy guidelines in relation to matters relevant to the functions of the Regulator under this Act or the regulations. Section 56 requires the Regulator to have regard to policy guidelines when deciding an application for a GMO licence. Section 30 provides that the Regulator is not subject to direction in relation to individual decisions. 24—Ministerial Council may issue codes of practice The Ministerial Council may issue codes of practice, developed in accordance with section 24(2) of the Commonwealth Act, in relation to gene technology. Section 24 of the Commonwealth Act includes provisions about how codes of practice are to be developed and making them disallowable instruments.