New South Wales Consolidated Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 21

21 Offence--failure to report contravention of section 6

(1) A person who is aware or suspects that a plant has been cultivated in contravention of section 6 must notify the Secretary of the matters in subsection (2) within 2 days of becoming aware or forming that suspicion.

: Maximum penalty--20 penalty units.

(2) The Secretary must be notified of the following matters--

(a) the location of the plant,

(b) the name of the owner or occupier of the land on which the plant is located,

(c) the location of the land on which the plant has been cultivated,

(d) the name of the owner or occupier of the land on which the plant has been cultivated,

(e) the basis for the person knowing or suspecting that the plant has been cultivated in contravention of section 6,

(f) contact details for the person,

(g) such other matters as may be prescribed by the regulations.

(3) A person is not required to notify the Secretary of a matter under this section if--

(a) the person has a reasonable excuse for not notifying the Secretary of the matter, or

(b) the person believes on reasonable grounds that the Secretary has already been notified of the matter.

(4) A person who is required to notify the Secretary of a matter under this section is not excused from that requirement because of any duty of confidentiality or other restriction on disclosure and the provision of information in accordance with this section does not constitute a breach of any such duty by that person.

(5) A person who is required to notify the Secretary of a matter under this section is not excused from that requirement because provision of the information may tend to incriminate the person or make the person liable to a penalty.

(6) A notification provided in accordance with this section is not admissible in evidence in any criminal proceedings against the person who provided the notification except proceedings for an offence against this section.