Gasfields Commission and Other Legislation Amendment Bill 2017 (Qld)

An Act to amend the Biodiscovery Act 2004, the Gasfields Commission Act 2013, the Right to Information Act 2009, the Sustainable Ports Development Act 2015 and the Public Service Regulation 2008 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Gasfields Commission and Other Legislation Amendment Act 2017.

Part 2 Amendment of Biodiscovery Act 2004

2 Act amended This part amends the Biodiscovery Act 2004.

3 Amendment of s 3 (Purposes of Act) Section 3(2)(a)(ii), after 'agreements'— insert— , and subsequent use agreements under those agreements,

4 Amendment of pt 5, hdg (Benefit sharing agreements) Part 5, heading, 'agreements'— omit.

5 Replacement of pt 5, div 1, hdg (Entering into agreement) Part 5, division 1, heading— omit, insert—

Division 1 Agreements

6 Amendment of s 33 (Power to enter into agreement) Section 33, heading, after 'into'— insert— benefit sharing

7 Amendment of s 34 (Content of agreement) (1) Section 34, heading, after 'of'— insert— benefit sharing (2) Section 34— insert— (4) The agreement must also state the terms (the prescribed minimum terms) that must be included in any subsequent use agreement entered into under the agreement. (5) The prescribed minimum terms must include a requirement for a subsequent user to provide benefits of biodiscovery, by way of the biodiscovery entity, to the State.

8 Amendment of s 35 (Conditions of agreement) (1) Section 35, heading, after 'of'— insert— benefit sharing (2) Section 35(2)— omit, insert— (2) It is also a condition of the agreement that the biodiscovery entity must not allow another entity to use any of the native biological material the subject of the agreement for biodiscovery, unless the other entity is— (a) an entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not— (i) entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and (ii) required to provide any benefits of biodiscovery to the State; or Example— a biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee (b) an entity mentioned in section 54(2)(a) or (b) or (3); or (c) a party to a benefit sharing agreement concerning the material; or (d) a party to a subsequent use agreement concerning the material.