Traditional Knowledge Code of Practice Biodiscovery Act 2004.

This code defines the minimum measures to be taken before traditional knowledge can be used for biodiscovery under the Biodiscovery Act 2004 (the Act). Under the Act, any entity undertaking biodiscovery must take all reasonable and practical measures to ensure it does not use traditional knowledge for biodiscovery unless it has an agreement with the custodians of that knowledge. This code clarifies the circumstances under which a biodiscovery entity is subject to the Act’s traditional knowledge obligation. It also outlines principles, performance outcomes and compliance measures to meet the obligation.
There are six requirements for meeting the Act’s traditional knowledge obligation for biodiscovery: 1) Identify the custodians of traditional knowledge. 2) Obtain free, prior and informed consent (FPIC). 3) Establish a benefit-sharing agreement with mutually agreed terms. 4) Where possible, obtain consent and a benefit-sharing agreement prior to the use of publicly available traditional knowledge. 5) Provide the opportunity for custodianship claimants to consent and negotiate benefit-sharing even after biodiscovery has commenced. 6) Provide evidence to the State of compliance with the code. Biodiscovery entities seeking to use traditional knowledge that is not publicly accessible should start from Requirement 1). Those using traditional knowledge that is publicly accessible should start at Requirement 4), however, the identification of custodians may then require completion of Requirements 1) to 3).
This code applies to biodiscovery activities that are subject to the traditional knowledge obligation under the Act. A biodiscovery entity that is not using traditional knowledge is not subject to the obligation, regardless of whether other provisions of the Act apply. The traditional knowledge obligation does not apply retrospectively to the use of traditional knowledge in biodiscovery prior 2020. However, the obligation applies if non-commercial research was undertaken using traditional knowledge prior to the obligation commencing, and a commercial opportunity or application is pursued following the commencement of the obligation.