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GENE TECHNOLOGY ACT 2000 - SECT 35
Person must not breach conditions of a GMO licencestrict
liability offence - (1)
- The holder of a GMO licence is guilty of an offence if
the holder:
- (a)
- takes an action or omits to take an action; and
- (b)
- 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 takes an action or omits to take an action; and
- (b)
- 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)
- Strict liability applies to paragraphs (1)(a) and (b) and (2)(a) and
(b).
- Note: For strict liability , see section 6.1 of the Criminal Code .
- (4)
- An offence under this section is punishable on conviction by a fine of not
more than whichever of the following amounts applies:
- (a)
- in the case of an aggravated offence200 penalty units;
- (b)
- in any other case50 penalty units.
- Note: Section 38 defines aggravated offence .
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