Biodiscovery and Other Legislation Amendment Bill 2019
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Innovation, Tourism Development and Environment Committee
▸12 members spoke7 support5 mixed
Championed the bill as giving First Nation peoples the means to benefit from and participate in biodiscovery through recognition of traditional knowledge consistent with the Nagoya protocol.
“No-one has a better knowledge of Queensland's biodiversity than the First Nation peoples who have understood and utilised it for many thousands of years. That is why I am proud to say that this bill will give the custodians of traditional knowledge the means to benefit from, and participate in, biodiscovery.”— 2020-08-11View Hansard
Supported the intent of recognising First Nation peoples' traditional knowledge but criticised the implementation, particularly the unknown code of practice with penalties up to $600,000 and no timeline for completion.
“There are penalties of up to $600,000—penalties of up to $600,000 in a code when we do not know what it looks like and we have handed that over without this place knowing its intent.”— 2020-08-11View Hansard
As former committee chair, defended the bill and rejected claims it was rushed, noting it was introduced in 2019 with the committee report completed in February 2020.
“The primary objective of the bill is to amend the Biodiscovery Act to ensure that it is contemporary, effective and equitable by reflecting international standards which include providing an obligation for the use of traditional knowledge. I think that is very important.”— 2020-08-11View Hansard
Criticised the bill as 'half-baked' and 'bad law' due to the missing code of practice, unclear mechanisms for dispute resolution, and delegation of significant powers to the minister without parliamentary oversight.
“This bill is half-baked, it is undercooked and it is bad law for all of the reasons that have been set out in this address and in our statement of reservation, because we are handing unchecked power to the government to sort out how it is going to work.”— 2020-08-11View Hansard
Supported the bill for its recognition of traditional knowledge and alignment with the Nagoya protocol, highlighting the potential for First Nation peoples to share in benefits from biodiscovery.
“With these amendments in place, it is hoped that First Nation peoples will feel more confident to share their knowledge about native plants and animals, some of which could lead to new drugs, therapies and bioproducts that attract international investment and benefit all Queenslanders.”— 2020-08-11View Hansard
Welcomed the acknowledgement of traditional knowledge held by Indigenous people but criticised the bill for showcasing more Labor failures in implementation.
“As someone who has spent considerable time working with Indigenous communities, I welcome the acknowledgement of traditional knowledge held by Queensland's Indigenous people. Despite welcoming the intent, I must say that this legislation showcases even more Labor failures.”— 2020-08-11View Hansard
Strongly supported the traditional knowledge protections as providing First Nation peoples with opportunities to reconnect with country and culture while realising economic benefits.
“The traditional knowledge obligation provides First Nation peoples with more opportunity to reconnect to country and culture and to realise economic benefits through the creation of new jobs and the development of new skills.”— 2020-08-11View Hansard
Acknowledged the honourable intent of the bill but expressed deep concerns about the lack of detail in the code of practice and potential for disputes between traditional knowledge groups to delay medical research for decades.
“While the bill does contain an honourable intent, unfortunately it falls far short of what it should actually do. I have deep concerns as to how this will progress in the future. It worries me that we may get medical treatments that will potentially be held up in years of litigation.”— 2020-08-11View Hansard
Supported the intent to protect First Nation peoples' traditional knowledge but expressed concerns about the lack of a code of practice and potential delays for vital pharmaceutical research.
“Without the code to consider in parallel with this bill, it has been difficult to obtain a more robust understanding of processes and support for the resolutions of these issues.”— 2020-08-11View Hansard
Passionately defended the bill as providing a seat at the table for First Nation peoples in biodiscovery, criticising opposition concerns about traditional owners' ability to reach agreements as 'indicative of casual racism'.
“For far too long we have decided to use First Nation people's lands, seas, knowledge and culture, appropriated in a way without their authority and without their prior informed consent and agreement. This bill seeks to provide a place at the table for First Nation Queenslanders.”— 2020-08-11View Hansard
Spoke briefly in support, mentioning a constituent who works with traditional herbal remedies and Indigenous communities, acknowledging the potential benefits of investigating traditional knowledge.
“There is obviously a benefit in those products. We need to investigate those. Any possible cures that may come forth we need to encourage and use.”— 2020-08-11View Hansard
Supported the bill for its protection of Indigenous traditional knowledge rights in line with the Nagoya protocol, citing the spinifex rubber products facility near Camooweal as an example of successful traditional knowledge application.
“KAP supports the Biodiscovery and Other Legislation Amendment Bill primarily for its protection of Indigenous traditional knowledge rights in line with the Nagoya protocol.”— 2020-08-11View Hansard
Plain English Summary
Overview
This bill strengthens protections for First Nations traditional knowledge used in scientific research by requiring researchers to obtain consent and share benefits with knowledge custodians. It also simplifies the approval process for biodiscovery activities and aligns Queensland law with international treaties including the Nagoya Protocol.
Who it affects
First Nations peoples gain legal protection for their traditional knowledge, while researchers and biotechnology companies must obtain consent before using that knowledge but benefit from a simpler approvals process.
Key changes
- Researchers must obtain free and prior informed consent from First Nations peoples before using their traditional knowledge for biodiscovery
- Benefit sharing agreements must be negotiated on mutually agreed terms with traditional knowledge custodians
- Penalty of up to 5,000 penalty units (over $600,000) for using traditional knowledge without proper consent
- Biodiscovery plan requirement removed, making approvals simpler and faster
- Food and agricultural crops covered by the FAO Treaty exempted from Queensland's biodiscovery requirements
- A Traditional Knowledge Code of Practice will be developed in consultation with First Nations peoples to guide compliance