Victorian Current Acts

GENE TECHNOLOGY ACT 2001 - SECT 33

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

        (a)     the person deals with a GMO, knowing that it is a GMO; and

        (b)     the dealing with the GMO by the person is not authorised by a GMO licence; and

S. 33(1)(ba) inserted by No. 43/2007 s. 8(1).

        (ba)     the dealing with the GMO is not specified in an emergency dealing determination; and

        (c)     the dealing is not a notifiable low risk dealing; and

        (d)     the dealing is not an exempt dealing; and

        (e)     the dealing is not included on the GMO Register.

S. 33(2) amended by No. 43/2007 s. 8(2).

    (2)     Strict liability applies to subsection (1)(b), (ba), (c), (d) and (e).

    (3)     An offence under this section is punishable by a fine of not more than whichever of the following amounts applies—

        (a)     in the case of an aggravated offence—$22 000; or

        (b)     in any other case—$5500.

Note

    Section 38 defines aggravated offence .

    (4)     In this section—

"exempt dealing" has the same meaning as in section 32.

Note

This section differs from section 33 of the Commonwealth Act.