Regulation on Agricultural Genetically Modified Organisms in Australia

Introduction

Until recently there were no specific regulatory controls on the development and release of agricultural genetically modified organisms (‘GMOs’) or their products in Australia. A voluntary and self-regulatory system had existed since the mid-seventies but there were no direct legal repercussions where those ‘regulations’ were not adhered to. Commercialisation of GMOs’ end products was also not specifically regulated. Some end products were subject to general regulation which applied regardless of whether genetic modification (‘GM’) was used in their production. Other GM end products were not regulated at all. This Article concerns the regulatory background against which agricultural GMO commercialisers must act in Australia. It does not concern cloning of human beings and associated techniques, which are prohibited in Australia pursuant to the Prohibition of Human Cloning Act 2002(Cth) and complementary State legislation. The Article begins in Part 2 with a description of the new national regulatory scheme for GMOs. The recently introduced second level of regulation of agricultural GMOs, that of the individual States of Australia rather than national legislation, is then summarised in Part 3. Part 4 concerns end product regulation relevant to those wanting to commercialise agricultural GMOs in Australia. It explains how the most significant of those regimes for agricultural GMOs, food regulation, operates. Part 5 is the conclusion.