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GENE TECHNOLOGY ACT 2000 - SECT 34
Person must not breach conditions of a GMO licence
- (1)
- The holder of a GMO licence is guilty of an offence if the holder:
- (a)
- intentionally takes an action or omits to take an action; and
- (b)
- knows that the action or omission contravenes the licence or is reckless
as to whether or not the action or omission contravenes the licence.
- Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
- (2)
- A person covered by a GMO licence is guilty of an offence if:
(a) the person intentionally takes an action or omits to take an action; and
- (b)
- the person knows that the action or omission contravenes the licence or is
reckless as to whether or not the action or omission contravenes the licence;
and
- (c)
- the person has knowledge of the conditions of the licence.
- Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
- (3)
- An offence under this section 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 .
- (4)
- A person who is guilty of an offence under subsection (1) or (2) is guilty
of a separate offence in respect of each day (including the day of a
conviction for the offence or any later day) on which the person is guilty of
the offence.
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