Commonwealth Consolidated Acts

GENE TECHNOLOGY ACT 2000 - SECT 32

  (1)   A person commits an offence if:

  (a)   the person deals with a GMO, knowing that it is a GMO; and

  (b)   the dealing with the GMO by the person is not authorised by a GMO licence, and the person knows or is reckless as to that fact; and

  (c)   the dealing with the GMO is not specified in an emergency dealing determination, and the person knows or is reckless as to that fact; and

  (d)   the dealing is not a notifiable low risk dealing, and the person knows or is reckless as to that fact; and

  (e)   the dealing is not an exempt dealing, and the person knows or is reckless as to that fact; and

  (f)   the dealing is not included on the GMO Register, and the person knows or is reckless as to that fact.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (2)   An offence under subsection   ( 1) is punishable on conviction by whichever of the following applies:

  (a)   in the case of an aggravated offence -- imprisonment for 5   years or 2,000 penalty units;

  (b)   in any other case -- imprisonment for 2 years or 500 penalty units.

Note:   Section   38 defines aggravated offence.

  (3)   In this section:

"exempt dealing" means a dealing specified by the regulations to be an exempt dealing.

  (4)   Regulations under subsection   ( 3) may be expressed to exempt:

  (a)   all dealings with a GMO or with a specified class of GMOs; or

  (b)   a specified class of dealings with a GMO or with a specified class of GMOs; or

  (c)   one or more specified dealings with a GMO or with a specified class of GMOs.