Commonwealth Numbered Acts

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GENE TECHNOLOGY ACT 2000 - SECT 192A

Interference with dealings with GMOs
(1)
A person is guilty of an offence if:

(a)
the person engages in conduct; and

(b)
the conduct:

(i)
results in damage to, destruction of, or interference with, premises at which dealings with GMOs are being undertaken; or
(ii)
involves damaging, destroying, or interfering with, a thing at, or removing a thing from, such premises; and
(c)
the owner or occupier of the premises, or the owner of the thing (as the case requires), has not consented to the conduct; and

(d)
in engaging in the conduct, the person intends to prevent or hinder authorised GMO dealings that are being undertaken at the premises or facility; and

(e)
the person knows, or is reckless as to, the matters mentioned in paragraphs (b) and (c).

Maximum penalty: Imprisonment for 2 years or 120 penalty units.

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

(2)
In this section:

"authorised GMO dealings", in relation to premises or a facility, means dealings with GMOs being undertaken at the premises or facility:

(a)
that are authorised to be undertaken at the premises or facility by a GMO licence; or

(b)
that are notifiable low risk dealings; or

(c)
that are exempt dealings; or

(d)
that are deregulated GMO dealings.



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