Gene technology regulation in Australia: a decade of a federal implementation of a statutory legal code in a context of constituent states taking divergent positions.

Gene technology is regulated in Australia by the Office of the Gene Technology Regulator (OGTR), a federal government agency with responsibility for managing health and environmental risks of GM organisms under the Gene Technology Act 2000. The OGTR liaises with other national agencies, governments of States and Territories of Australia and local councils. Current national risk management regulation is the result of three decades of experience with oversight of gene technology. A major operational feature of Australian regulation is reliance on Institutional Biosafety Committees (IBCs) located within the regulated institutions. In 2009-2010 the OGTR managed 45 licenses relating to GM crop field trials, and inspected crop trials that included canola, wheat, barley, banana, sugarcane, cotton, Indian mustard and grapevines. States and Territories of Australia make decisions on market related (non-safety) issues, and adopt different political stances with respect to commercialization of GM crops. Some Australian states support environmental release of licensed GM crops (e.g., Queensland), others ban them (Tasmania), while some have re-positioned themselves, after initially opposing commercialization, to currently allowing regulated commercial use (Victoria, Western Australia). Flexibility exhibited by the Australian regulatory system is facilitated by separation of political decision-making in the Gene Technology Ministerial Council away from the OGTR.