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Title

GENE TECHNOLOGY BILL 2000

GENE TECHNOLOGY (CONSEQUENTIAL AMENDMENTS) BILL 2000

GENE TECHNOLOGY (LICENCE CHARGES) BILL 2000

In Committee

Database

Senate Hansard

Date

07-12-2000

Source

Senate

Parl No.

39

Electorate

Tasmania

Interjector

CHAIRMAN, The

Page

21216

Party

AG

Presenter

 

Status

Final

Question No.

 

Questioner

 

Responder

 

Speaker

Brown, Sen Bob

Stage

In Committee

Type

 

Context

Bills

System Id

chamber/hansards/2000-12-07/0453


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Thursday, 7 December 2000
Page: 21216


Senator BROWN (1:42 AM) —by leave—I move:

(80) Clause 100, page 66 (after line 18), after subclause (7), insert:

(7A) The Minister must not appoint a person as a member of the Committee if that person:

(a) is a director of; or

(b) holds equity or a beneficial interest in; or

(c) holds equity or a beneficial interest in securities in, or issued by;

a business or entity involved in the commercialisation of GMOs or GM products.

(82) Page 68 (after line 13), after clause 104, insert:

104A Disclosure of interests

(1) A member of the Gene Technology Technical Advisory Committee who has a direct or indirect pecuniary interest in any business or entity involved in the development, use, release or commercialisation of GMOs or GM products must disclose the interest at a meeting of the committee.

(2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting and the member must not:

(a) be present during any deliberation of the committee; or

(b) take part in any decision of the committee;

in relation to any matter involving a conflict of interest for that member.

(83) Page 68 (after line 13), after clause 104A, insert:

104B Termination of appointment

The Minister must terminate the appointment of a member of the Gene Technology Technical Advisory Committee who:

(a) fails, without reasonable excuse, to comply with subsection 104A(1); or

(b) becomes a director of a business or entity involved in the commercialisation of GMOs or GM products; or

(c) acquires equity, a beneficial interest or securities in, or securities issued by, a business or entity involved in the commercialisation of GMOs or GM products.

(86) Clause 108, page 70 (after line 17), after subclause (4), insert:

(4A) The Minister must not appoint a person as a member of the Consultative Group if that person:

(a) is a director of; or

(b) holds equity or a beneficial interest in; or

(c) holds equity or a beneficial interest in securities in, or issued by;

a business or entity involved in the commercialisation of GMOs or GM products.

(88) Page 71 (after line 26), at the end of Division 3, add:

110A Disclosure of interests

(1) A member of the Consultative Group who has a direct or indirect pecuniary interest in any business or entity involved in the development, use, release or commercialisation of GMOs or GM products must disclose the interest at a meeting of the group.

(2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting and the member must not:

(a) be present during any deliberation of the committee; or

(b) take part in any decision of the committee;

in relation to any matter involving a conflict of interest for that member.

(89) Page 71 (after line 26), at the end of Division 3, add:

110B Termination of appointment

The Minister must terminate the appointment of a member of the Consultative Group who:

(a) fails, without reasonable excuse, to comply with subsection 110A(1); or

(b) becomes a director of a business or entity involved in the commercialisation of GMOs or GM products; or

(c) acquires equity, a beneficial interest or securities in, or securities issued by, a business or entity involved in the commercialisation of GMOs or GM products.

(92) Clause 111, page 73 (after line 6), after clause (6), insert:

(6A) The Minister must not appoint a person as a member of the Ethics Committee if that person:

(a) is a director of; or

(b) holds equity or a beneficial interest in; or

(c) holds equity or a beneficial interest in securities in, or issued by;

a business or entity involved in the commercialisation of GMOs or GM products.

(94) Page 74 (after line 32), after clause 115, insert:

115 Disclosure of interest

(1) A member of the Ethics Committee who has a direct or indirect pecuniary interest in any business or entity involved in the development, use, release or commercialisation of GMOs or GM products must disclose the interest at a meeting of the committee.

(2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting and the member must not:

(a) be present during any deliberation of the committee; or

(b) take part in any decision of the committee;

in relation to any matter involving a conflict of interest for that member.

(95) Page 74 (after line 32), after clause 115A, insert:

115B Termination of appointment

The Minister must terminate the appointment of a member of the Ethics Committee who:

(a) fails, without reasonable excuse, to comply with subsection 115A(1); or

(b) becomes a director of a business or entity involved in the commercialisation of GMOs or GM products; or

(c) acquires equity, a beneficial interest or securities in, or securities issued by, a business or entity involved in the commercialisation of GMOs or GM products.

(96) Clause 118, page 77 (after line 9), after subclause (3), insert:

(3A) The Governor-General must not appoint a person as the Regulator who:

(a) is, or has been a director of; or

(b) holds equity or a beneficial interest in; or

(c) holds securities or a beneficial interest in securities issued in, or by;

a business or entity that is involved in the commercialisation of GMOs or GM products.

(97) Clause 119, page 77 (line 25), after paragraph (d), insert:

; or (e) is appointed as a director of a business or entity that is involved in the commercialisation of GMOs or GM products; or

(f) acquires:

(i) equity or a beneficial interest in; or

(ii) securities or a beneficial interest in securities issued by;

a business or entity that is involved in the commercialisation of GMOs or GM products;

These amendments would remove conflict of interest from the committees and the regulator. For example, the first of these amendments says that the minister must not appoint a person to the committee—that is, the technical advisory committee—if that person is a director of or holds equity in or a financial interest in or securities in `a business or entity involved in the commercialisation of GMOs or GM products'. It is a clean-up clause. It simply puts to rest the great fear that many of us have that it will not be very long at all before this technical advisory committee, which is quite an important one, is simply going to have appointees with a vested interest in the industry. That is a conflict of interest. If we make it clear at the outset that that cannot be so, the public will have faith in this committee.