Introduction
Are you providing a submission as a representative of an organisation?
If yes, what is the name of your organisation?
Grain Producers SA
Findings - Theme 1 - Technical Issues
Findings 3 to 7:
Response
GPSA's position for Finding 3 - Agree
GPSA's position for Finding 4 - Agree
GPSA's position for Finding 5 - Agree
GPSA's position for Finding 6 - Further work needs to be undertaken as part of the Technical Review of the Gene Technology Regulations 2001. The development of Policy Principles could lead to State jurisdictions legislating for or against broader release of GMO’s which may countermand Federal legislative intent, as per the Designated Area Policy Principle which has led to State based political moratoria.
GPSA's position on Finding 7 - Agree, subject to further work being undertaken as outlined in Finding 6
GPSA's position for Finding 4 - Agree
GPSA's position for Finding 5 - Agree
GPSA's position for Finding 6 - Further work needs to be undertaken as part of the Technical Review of the Gene Technology Regulations 2001. The development of Policy Principles could lead to State jurisdictions legislating for or against broader release of GMO’s which may countermand Federal legislative intent, as per the Designated Area Policy Principle which has led to State based political moratoria.
GPSA's position on Finding 7 - Agree, subject to further work being undertaken as outlined in Finding 6
Findings - Theme 2 - Regulatory Issues
Findings 8 - 15:
Response
GPSA's position on Finding 8 - Agree . Further work may need to be considered in the future as to the definition of a GMO with new emerging technologies. If the definition is changed then the trigger for the entry point in to the scheme would also need to be reviewed. Further work on the definition of a GMO and process versus product trigger should be undertaken as part of the Technical Review of the Gene Technology Regulations 2001.
GPSA's position on Finding 9 - Agree, provided the integrity of the Scheme is not compromised and public confidence in the Scheme is maintained. Further communication and education of any changes would be required to the wider public to ensure confidence that the scheme was still able to fulfil its primary object of the Act which is to ‘Protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating dealings with GMOs.’
GPSA's position on Finding 10 - Agree
GPSA's position on Finding 11 - Agree with appropriate risk assessments, wider public consultation and communication.
GPSA's position on Finding 12 - Agree
GPSA's position on Finding 13 - Agree
GPSA's position on Finding 14 - Agree
GPSA's position on Finding 15 - Agree – the importance of the OGTR continuing to engage with our major trading partners needs to be recognised and funded accordingly. There are opportunities for the regulation, science and analysis work done by the OGTR to be recognised and adopted, especially by new and emerging GM tech countries such as Asia, to ensure consistent global frameworks for dealing with GMO’s.
GPSA's position on Finding 9 - Agree, provided the integrity of the Scheme is not compromised and public confidence in the Scheme is maintained. Further communication and education of any changes would be required to the wider public to ensure confidence that the scheme was still able to fulfil its primary object of the Act which is to ‘Protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating dealings with GMOs.’
GPSA's position on Finding 10 - Agree
GPSA's position on Finding 11 - Agree with appropriate risk assessments, wider public consultation and communication.
GPSA's position on Finding 12 - Agree
GPSA's position on Finding 13 - Agree
GPSA's position on Finding 14 - Agree
GPSA's position on Finding 15 - Agree – the importance of the OGTR continuing to engage with our major trading partners needs to be recognised and funded accordingly. There are opportunities for the regulation, science and analysis work done by the OGTR to be recognised and adopted, especially by new and emerging GM tech countries such as Asia, to ensure consistent global frameworks for dealing with GMO’s.
Findings - Theme 3 - Governance Issues
Findings 16 - 28:
Response
GPSA's position on Finding 16 - Agree
GPSA's position on Finding 17 - Agree Strongly support the Lock-Step approach of other States to any changes in Federal legislation being automatically enacted by those States. This avoids delays and confusion between State and Federal legislation and ensures the authority and role of the OGTR is not undermined by State politics.
GPSA's position on Finding 18 - Agree The Designated Area Policy Principle enabling the establishment of the moratoria was to enable States to enact a moratorium for marketing purposes. However it could be argued that the moratoria legislation has been subject to politicising by the States and has not been based on scientific evidence. Therefore, a full review of all jurisdictions should be conducted to determine with scientific evidence if a marketing advantage or disadvantage actually exists between States with, and those without, moratoriums. There is a role here for the OGTR, as an independent Federal body, to commission an analysis across all jurisdictions of the effect of the moratoria legislation on the development, use and commercialisation of GMO’s.
GPSA's position on Finding 19 - Agree The moratoria legislation was enacted to preserve the identity of crops for marketing purposes, not for transport or R&D purposes. At the very least, these other restrictions must be reviewed and analysed with regard to the intent of the Act and whether it is working outside of its original intent, which was for marketing purposes.
GPSA's position on Finding 20 - Agree However, while it is important not to undermine the role of the Regulator in its risk-based approach, there is nothing stopping industry from extolling the benefits of a GMO as it is being reviewed by the regulator in the risk assessment process. Developing a rigorous scientific framework for measuring benefits, as currently exists for measuring risks, could be considered as part of future work by the OGTR.
GPSA's position on Finding 21 - Agree
GPSA's position on Finding 22 - Agree However, caution must be taken when developing new Policy Principles, as Policy Principles can be prescriptive and have unintended consequences, such as the Designated Area policy principle, and can lead to politicising by States. Further consultation would be required with all stakeholders.
GPSA's position on Finding 23 - Agree However, caution must be taken when developing new Policy Principles, as Policy Principles can be prescriptive and have unintended consequences, such as the moratoria legislation which arose out of the Designated Area policy principle and can lead to politicising by States. A preferred option would be to update the operational policies of the OGTR which could resolve some of the policy clarity issues.
GPSA's position on Finding 24 - Agree Further communication is required, and an appropriate level of funding would need to be sourced. Would the portal be housed within the OGTR?
GPSA's position on Finding 25 - Agree but will require funding
GPSA's position on Finding 26 - Agree
GPSA's position on Finding 27 - Agree
GPSA's position on Finding 28 - Agree
GPSA's position on Finding 17 - Agree Strongly support the Lock-Step approach of other States to any changes in Federal legislation being automatically enacted by those States. This avoids delays and confusion between State and Federal legislation and ensures the authority and role of the OGTR is not undermined by State politics.
GPSA's position on Finding 18 - Agree The Designated Area Policy Principle enabling the establishment of the moratoria was to enable States to enact a moratorium for marketing purposes. However it could be argued that the moratoria legislation has been subject to politicising by the States and has not been based on scientific evidence. Therefore, a full review of all jurisdictions should be conducted to determine with scientific evidence if a marketing advantage or disadvantage actually exists between States with, and those without, moratoriums. There is a role here for the OGTR, as an independent Federal body, to commission an analysis across all jurisdictions of the effect of the moratoria legislation on the development, use and commercialisation of GMO’s.
GPSA's position on Finding 19 - Agree The moratoria legislation was enacted to preserve the identity of crops for marketing purposes, not for transport or R&D purposes. At the very least, these other restrictions must be reviewed and analysed with regard to the intent of the Act and whether it is working outside of its original intent, which was for marketing purposes.
GPSA's position on Finding 20 - Agree However, while it is important not to undermine the role of the Regulator in its risk-based approach, there is nothing stopping industry from extolling the benefits of a GMO as it is being reviewed by the regulator in the risk assessment process. Developing a rigorous scientific framework for measuring benefits, as currently exists for measuring risks, could be considered as part of future work by the OGTR.
GPSA's position on Finding 21 - Agree
GPSA's position on Finding 22 - Agree However, caution must be taken when developing new Policy Principles, as Policy Principles can be prescriptive and have unintended consequences, such as the Designated Area policy principle, and can lead to politicising by States. Further consultation would be required with all stakeholders.
GPSA's position on Finding 23 - Agree However, caution must be taken when developing new Policy Principles, as Policy Principles can be prescriptive and have unintended consequences, such as the moratoria legislation which arose out of the Designated Area policy principle and can lead to politicising by States. A preferred option would be to update the operational policies of the OGTR which could resolve some of the policy clarity issues.
GPSA's position on Finding 24 - Agree Further communication is required, and an appropriate level of funding would need to be sourced. Would the portal be housed within the OGTR?
GPSA's position on Finding 25 - Agree but will require funding
GPSA's position on Finding 26 - Agree
GPSA's position on Finding 27 - Agree
GPSA's position on Finding 28 - Agree
Findings - Theme 4 - Social and Ethical Issues
Findings 29 to 33:
Response
GPSA's position on Finding 29 - Agree There should be a dedicated communications resource within the OGTR.
GPSA's position on Finding 30 - Agree but should also consider communication activities on topics related to the assessment of the benefits associated with gene technology, if benefits are to form part of the regulatory assessment in future reviews of the Scheme.
GPSA's position on Finding 31 - Agree Communication activities on topics related to the assessment and benefits associated with gene technology should also be considered as part of the OGTR role to educate those sections of the community about the safety of GMO’s under the current world class regulatory scheme.
GPSA's position on Finding 32 - Agree
GPSA's position on Finding 33 - Strongly Agree with increased communication and public access to information.
GPSA's position on Finding 30 - Agree but should also consider communication activities on topics related to the assessment of the benefits associated with gene technology, if benefits are to form part of the regulatory assessment in future reviews of the Scheme.
GPSA's position on Finding 31 - Agree Communication activities on topics related to the assessment and benefits associated with gene technology should also be considered as part of the OGTR role to educate those sections of the community about the safety of GMO’s under the current world class regulatory scheme.
GPSA's position on Finding 32 - Agree
GPSA's position on Finding 33 - Strongly Agree with increased communication and public access to information.