(22) Page 26 (after line 25), after clause 37, insert:

37A Person must not damage licence holder's property

(1) A person who intentionally destroys or damages any property relating to the premises of a GMO licence holder without lawful excuse is guilty of an offence.

(2) For the purposes of subsection (1), a person destroys or damages property intentionally if, but only if:

(a) his or her purpose, or one of his or her purposes, is to destroy or damage property; or

(b) he or she knows, or believes, that his or her conduct is more likely than not to result in the destruction of, or damage to, property.

(3) For the purposes of subsection (1), it is not a lawful excuse that a person believed that to destroy or damage the premises or property of a GMO licence holder, a person covered by a GMO licence, or premises or property otherwise associated with a GMO licence was:

(a) in the public interest; or

(b) necessary or desirable in order to protect neighbouring or nearby property or the environment from contamination by a GMO.

(4) An offence under subsection (1) is punishable upon conviction by a fine of not more than whichever of the following amounts applies:

(a) in the case of a first offence—50 penalty units;

(b) in the case of a second offence—100 penalty units;

(c) in the case of any subsequent offence—450 penalty units.

(25) Clause 40, page 29 (after line 13), after subclause (3), insert:

(3A) An application which specifies that dealings proposed to be authorised by the licence will involve the intentional release of a GMO into the environment must include details of the location and the size of the dealings.

(92) Clause 138, page 86 (after line 14), after paragraph (c), insert:

(ca) if the dealings authorised by the licence involve the intentional release of a GMO into the environment—the location and size of the dealings;

(111) Clause 184, page 120 (line 6), after "relates", insert ", other than the information specified in subsection (1A),".

(112) Clause 184, page 120 (after line 7), after subclause (1), insert:

(1A) The information specified for the purposes of subsection (1) is as follows:

(a) the location of field trials involving GMOs;

(b) the size of field trials involving GMOs.

The District Council of Grant in South Australia expressed concern at the lack of information on trial sites made available to local councils. The Council submitted that `No notification is supplied to the Council or the public, regarding the location of the trial sites, duration, size and conditions pertaining to the trialing of genetically modified crops (for example Canola).

It is worth noting that in Europe, where there is widespread opposition to gene technology, the location of GMO crops is not concealed as it is here—

Avcare, an umbrella organisation of biotechnology companies, proposed an alternative approach to providing information on trial site locations:

[that] Avcare members ... make the locations of trials available to an independent third party who could be contacted by a concerned grower. The grower would then be told whether a trial was nearby and, if so, directed to the proponent of the trial for information.

The Committee considers that Avcare's proposal may undermine confidence in the GTR and confuse the public in relation to where information on trials and other issues concerning the regulation of gene technology should be sought. The Committee supports the views of the Organic Federation of Australia and considers that it is more appropriate for GM growers to make details of trial site locations available to those who may be affected.