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Legislative Assembly for the ACT: 2003 Week 9 Hansard (26 August) . . Page.. 3214 ..

MR CORNWELL (continuing):

I would not support the wholehearted open slather that could be proposed under gene technology. That is why I think that what has been brought before us today as a bill is sensible, is responsible and is needed. But I do caution members not to go too far overboard in terms of what we like to call progress. Progress does not apply just to social justice; it also applies to the sciences.

MR CORBELL (Minister for Health and Minister for Planning) (5.20): I am just wondering whether the Liberal Party has changed its position between the speeches of Mr Smyth and Mr Cornwell. I saw Mr Smyth holding his head in his hands, and well he might when it comes to Mr Cornwell's views on the issue of the precautionary principle.

Mr Speaker, this bill represents the ACT component of a nationally consistent scheme for regulating certain dealings with genetically modified organisms. The national regulatory scheme sets up a framework for the regulation of genetically modified organisms in Australia in order to protect the health and safety of Australians and the Australian environment by identifying the risks posed by, or as a result of, gene technology and managing those risks by regulating certain dealings with genetically modified organisms.

The scheme involves three key elements: a gene technology intergovernmental agreement signed by the states and territories; the Commonwealth's Gene Technology Act 2000; and the complementary legislation of all the states and territories, along with the establishment of the Gene Technology Ministerial Council. The scheme is designed to complement other Commonwealth and state regulatory schemes relevant to GMOs, namely, the regulation of foods, therapeutic goods, agricultural and veterinary chemicals and industrial chemicals.

Gene technology involves the modification of living organisms by incorporating or deleting one or more genes to introduce or modify specific characteristics of the organisms. There is a variety of applications of gene technology and I think most members are familiar with those from their undertakings in the Assembly inquiry or through other parts of this debate.

The Commonwealth Gene Technology Act commenced on 21 June 2001 and the Commonwealth relied on a range of constitutional powers to enable it to regulate in this area. There are, however, some gaps in the Commonwealth's powers. These include dealings with GMOs by certain individuals, state government departments and universities that are not involved in cooperative arrangements with corporations or in relation to interstate trade and commerce. The legislation of the states and territories is designed to fill these gaps to ensure that there is one overall regulatory system applying to all persons, things and activities within Australia.

The bill we are discussing today, Mr Speaker, provides the ACT component of the nationally consistent regulatory scheme. It applies to Commonwealth gene technology laws as laws of the ACT. The passage of the bill will ensure that the scheme applies in all circumstances in the ACT where gene technology is used.

A Gene Technology Ministerial Council has been established. It consists of ministers from the Commonwealth and each participating state and territory. The role of the

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