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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)
ISBN: 0642 438595
The purpose of this Bill is to enable annual charges to be levied in
respect of licences issued under the Gene Technology Bill 2000.
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.