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GENE TECHNOLOGY ACT 2001 - SECT 192A

Interference with dealings with GMOs[11]

    (1)     A person is guilty of an offence if—

        (a)     the person engages in conduct; and

        (b)     the conduct—

              (i)     results in damage to, destruction of, or interference with, premises at which dealings with GMOs are being undertaken; or

              (ii)     involves damaging, destroying, or interfering with, a thing at, or removing a thing from, such premises; and

        (c)     the owner or occupier of the premises, or the owner of the thing (as the case requires), has not consented to the conduct; and

        (d)     in engaging in the conduct, the person intends to prevent or hinder authorised GMO dealings that are being undertaken at the premises or facility; and

        (e)     the person knows, or is reckless as to, the matters mentioned in paragraphs (b) and (c).

Penalty:         Imprisonment for 2 years or $13 200.

    (2)     In this section—

S. 192A(2)
def. of authorised GMO dealings amended by No. 43/2007 s. 24.

"authorised GMO dealings", in relation to premises or a facility, means dealings with GMOs being undertaken at the premises or facility

        (a)     that are authorised to be undertaken at the premises or facility by a GMO licence; or

        (aa)     that are specified in an emergency dealing determination and are not prohibited from being undertaken at the premises or facility by a condition of the determination; or

        (b)     that are notifiable low risk dealings; or

        (c)     that are exempt dealings; or

        (d)     that are dealings included on the GMO Register.

Note

This section differs from section 192A of the Commonwealth Act.

Ss 192B–192D repealed by No. 11/2003 s. 24.

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