2000

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GENE TECHNOLOGY (LICENCE CHARGES) BILL 2000

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Health and Aged Care,

the Hon. Michael Wooldridge, MP)

GENE TECHNOLOGY (LICENCE CHARGES) BILL 2000

 

 

OUTLINE

 

The purpose of this Bill is to enable annual charges to be levied in respect of licences issued under the Gene Technology Bill 2000.

 

FINANCIAL IMPACT STATEMENT

 

In May 1999, the Federal Government committed $7.6 million over 2 years for the

development of gene technology legislation and establishment of the Gene Technology Regulator (under the Gene Technology Bill 2000 ).  Once the Gene Technology Regulator is established, it is intended that the costs incurred by the Gene Technology Regulator as a result of fulfilling his/her functions under the legislation be 100% cost recovered from the users of the regulatory regime (for example, those seeking licensing under the Gene Technology Bill 2000 ).  The charges levied, in order to recover the costs of the regulatory system, will be prescribed in regulations made under this Bill.  Regulations will be made following an independent analysis of the costs associated with the legislative scheme, extensive consultation with stakeholders and the preparation of a Regulation Impact Statement (RIS) detailing the costs, benefits and impacts of the proposed charges.

 

 

 

NOTES ON CLAUSES

PART 1 - PRELIMINARY

 

Clause 1 - Short title

 

This is a formal provision that specifies the short title of the Act as the Gene Technology (Licence Charges) Act 2000.

 

Clause 2 - Commencement

 

This clause provides that the Act will commence immediately after the commencement of clause 55 of the Gene Technology Act 2000 .  Clause 55 of the Gene Technology Act 2000 requires the Gene Technology Regulator to make a decision on any licence application received and assessed by him or her.

 

Clause 3 - Definition

 

This clause provides that the term “GMO licence”, where used in this Bill, means a GMO licence issued under the Gene Technology Act 2000.

 

Clause 4 - GMO licence - annual charge

 

Sub-clause 4(1) provides that any person who is a holder of a GMO licence at any time during a financial year is liable for a charge for the licence for that year.

 

Sub-clause 4(2 ) provides that the amount of the charge for a year is to be the amount prescribed in the regulations.

 

Clause 5 - Regulations

 

This clause enables the Governor-General to make regulations prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Bill.