Commonwealth Numbered Acts

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GENE TECHNOLOGY ACT 2000 - SECT 35

Person must not breach conditions of a GMO licence—strict 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 offence—200 penalty units;

(b)
in any other case—50 penalty units.

Note: Section 38 defines aggravated offence .



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