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.