❓ A WA parliamentary question probes the Minister for Agriculture and Food about the potential impact of NSW and Victorian GM seed moratoriums lifting on WA's GM-free status, focusing on interstate trade and legislative authority. The Minister confirms awareness and outlines WA's existing protections.
AnsweredQoN 1089Legislative Council
QuestionView source ↗
genetically modified seeds - INTERSTATE TRADE
I refer to the Western Australian Biosecurity and Agriculture Management Act 2007 and the Seeds Act 1981 and proposed amendments. (1) Is the minister aware of the current prohibitions that exist in New South Wales and Victoria in respect of the on-farm and commercial use of genetically modified seeds? (2) Is the minister aware of any proposals to lift the New South Wales and Victorian prohibitions in early 2008? (3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE
I refer to the Western Australian Biosecurity and Agriculture Management Act 2007 and the Seeds Act 1981 and proposed amendments. (1) Is the minister aware of the current prohibitions that exist in New South Wales and Victoria in respect of the on-farm and commercial use of genetically modified seeds? (2) Is the minister aware of any proposals to lift the New South Wales and Victorian prohibitions in early 2008? (3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE
AnswerView source ↗
I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(1) Is the minister aware of the current prohibitions that exist in New South Wales and Victoria in respect of the on-farm and commercial use of genetically modified seeds? (2) Is the minister aware of any proposals to lift the New South Wales and Victorian prohibitions in early 2008? (3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(2) Is the minister aware of any proposals to lift the New South Wales and Victorian prohibitions in early 2008? (3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(1) Is the minister aware of the current prohibitions that exist in New South Wales and Victoria in respect of the on-farm and commercial use of genetically modified seeds? (2) Is the minister aware of any proposals to lift the New South Wales and Victorian prohibitions in early 2008? (3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(2) Is the minister aware of any proposals to lift the New South Wales and Victorian prohibitions in early 2008? (3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(3) If yes to (2), given the provisions of the Australian Constitution that relate to free trade between the states, what legislative authority exists to prevent Western Australian farmers from purchasing this seed in Western Australia, or another state, and planting that seed in Western Australia? (4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(4) What other remedies are available to the minister? Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
Hon KIM CHANCE replied: I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
I thank Hon George Cash for providing some notice of this question. (1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(1) Yes, I am aware. In New South Wales, the Gene Technology (GM Crop Moratorium) Act 2004 allows the minister to make orders prohibiting the growing of GM food crops. Orders have been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor, both of which names are registered trade names. In Victoria, the Control of Genetically Modified Crops Act 2004 also allows the minister to make orders prohibiting the growing of GM crops. An order has been made prohibiting the cultivation of GM canola varieties Roundup Ready and InVigor until 2008. (2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(2) I am aware that both New South Wales and Victoria are currently undergoing statutory reviews of their respective acts. Both governments established independent review committees, which received submissions and reviewed the evidence. The reviews are primarily focussing on market and trade considerations. In New South Wales, terms of reference for the review were released in July 2007, as well as an issues paper and a call for public submissions. Stakeholders have been consulted following the public submission period, and I believe a report is being prepared for tabling in Parliament. No outcome has been announced to date. In Victoria, the terms of reference for the review were released in May 2007, together with an issues paper and a call for public submissions. A period of three months was allowed for submissions. Face-to-face consultations have been undertaken with stakeholders following a review of the submissions. A report is being prepared. (3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(3) If GM seed became available for purchase as a result of the lifting of the moratorium in New South Wales or Victoria, it would still remain illegal to plant GM crops in Western Australia. The Western Australian moratorium on GM crops remains in place and is given legal effect through the Genetically Modified Crops Free Areas Act 2003, under which an order has been made prohibiting the cultivation of GM crops in Western Australia. The moratorium does not depend on the Seeds Act or the Biosecurity and Agriculture Management Act. The vast bulk of that latter act is yet to come into operation. (4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
(4) It is not clear what the question is asking in the reference to “other remedies available to the minister”. Perhaps the question is alluding to the Seeds Act amendments I introduced on 29 August. As I stated in my second reading speech on the Seeds Amendment Bill, the proposed amendments would remedy deficiencies in the Seeds Act that were noticed in the context of a consideration of the legal capacity to adequately maintain the current moratorium on the cultivation of genetically modified crops. Although the amendments are not specific to genetically modified seed and could be used in relation to weed seeds or other seeds, it is the case that once the proposed amendments are in force, if it became necessary, for example, to prohibit more than a certain percentage of genetically modified seed in a conventional seed lot, this could be done. No need for this has been identified, however, and it is pleasing to note that the incidents of a low level of adventitious presence of GM seed in a conventional canola seed lot have not been repeated. The Western Australian position and the GM Crops Free Areas Act 2003 will be reviewed in 2008-09.
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