Releasing genetically modified canola into the Environment - deconstructing a decision of the Gene Technology Regulator under the Gene Technology Act 2000 (Cth)

Abstract

This article deconstructs the decision of the Gene Technology Regulator to grant a license to Bayer CropScience Pty Ltd for the commercial release of genetically modified canola under the Gene Technology Act 2000 (Cth). The purpose of the article is to challenge the "science-based" decision making advocated by the Act that in practice relies almost exclusively on qualitative assessments by the Regulator. The article concludes that while more "science" will enhance the Regulator's decisions, this "science" alone is not enough to avoid a further loss of legitimacy with regard to the current regulation of commercial and general releases of genetically modified organisms (and genetically modified products) into the environment.