Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument concerns the placing of dealings on the GMO Register following consideration by the Gene Technology Regulator of an application (Register 001/2004) from Florigene Pty Ltd. The dealings were previously authorised under licence DIR 030/2002: Commercial release of colour modified carnations (replacement of deemed licence GR-2). The proposed dealings are for the ongoing, commercial release of four genetically modified carnation lines modified for violet, mauve or purple flower colour. The dealings include the propagation, growth, and distribution of both GM plants and cut flowers Australia-wide.
Administered by: Health and Aged Care
General Comments: This Determination comes into effect immediately on the expiration of the disallowance period.
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 31A
Registered 28 Nov 2006
Tabling HistoryDate
Tabled HR29-Nov-2006
Tabled Senate30-Nov-2006






Purpose and Operation of the Instrument

The Gene Technology Act 2000 prohibits dealings with genetically modified organisms (GMOs) unless the dealings are:


(a) licensed by the Gene Technology Regulator; or

(b) specified by the Gene Technology Regulations 2001 as dealings exempted from licensing; or

(c) declared by the regulations as notifiable low risk dealings; or

(d) included on the GMO Register.


This instrument is a determination made by the Gene Technology Regulator that the specified dealings be included on the GMO Register as provided by the Gene Technology Act 2000 (Part 6, Division 3).


In making this determination the Gene Technology Regulator is satisfied that the dealings are, or have been, authorised by a GMO licence, that any risks posed by the dealings are minimal, and that it is not necessary for persons undertaking the dealings to hold, or be covered by a GMO licence, in order to protect the health and safety of people or to protect the environment.


Consultation Undertaken Before the Instrument was Made

Consultation was undertaken for an 8-week period, commencing in August 2005, which particularly sought information on any adverse effects posed by the dealings from relevant Australian Government agencies, State and Territory governments and the Gene Technology Technical Advisory Committee. The public was also invited to provide comment via a notice published on the website of the Office of the Gene Technology Regulator, and in leading national, state and territory newspapers. All submissions received were considered in the context of currently available scientific evidence. No risks to human health and safety or the environment were identified.

Advice was received from the Office of Regulation Review that a Regulatory Impact Statement was not required to accompany the determination. This is because the determination is of a non-regulatory nature in that it applies existing regulation rather than proposing changes to the regulatory framework.