eLaw Journal: Murdoch University Electronic Journal of Law, Vol 18, No 2 (2011)

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Assessment of the Efficacy of Victorian GM Crop Control Legislation

Ian Pelekanakis


This article evaluates the efficacy of the Control of Genetically Modified Food Act 2004 (Vic) (‘the Act'). This means assessing the extent to which the Act was successful in terms of achieving a particular objective set for it. It focuses on the Act's political objective, as expressly stated in the second reading speech: the prevention of prospective adverse impact on Victorian export markets resulting from the release of genetically modified (GM) crops in Victoria. It also considers the academic theory concerning the different phases of the life-cycle of legislation and the impact of those phases on the Act's efficacy. The five phases considered are: emergence, drafting, parliamentary consideration, implementation and impact. The article concludes that, owing to significant flaws found in different phases, the Act only achieved its objective to a very limited extent, or not at all.


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