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GENE TECHNOLOGY ACT 2000 - SECT 32
Person not to deal with a GMO without a licence
- (1)
- A person is guilty of an offence if:
- (a)
- the person deals with a GMO, knowing that it is a GMO; and
- (b)
- the person knows that the dealing with the GMO by the person is not
authorised by a GMO licence or is reckless as to whether or not the dealing is
so authorised; and
- (c)
- the person knows that the dealing is not a notifiable low risk dealing or
is reckless as to whether or not the dealing is a notifiable low risk dealing;
and
- (d)
- the person knows that the dealing is not an exempt dealing or is reckless
as to whether or not the dealing is an exempt dealing; and
- (e)
- the person knows that the dealing is not included on the GMO Register or
is reckless as to whether or not the dealing is included on the GMO Register.
- 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.
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