Victorian Current Acts

GENE TECHNOLOGY ACT 2001 - SECT 34

S. 34(1) substituted by No. 43/2007 s. 9(1).

    (1)     The holder of a GMO licence is guilty of an offence if—

        (a)     the holder intentionally takes an action or omits to take an action; and

        (b)     the action or omission contravenes the licence, and the holder knows or is reckless as to that fact.

    (2)     A person covered by a GMO licence is guilty of an offence if—

        (a)     the person intentionally takes an action or omits to take an action; and

S. 34(2)(b) substituted by No. 43/2007 s. 9(2).

        (b)     the person has knowledge of the conditions of the licence; and

S. 34(2)(c) substituted by No. 43/2007 s. 9(2).

        (c)     the action or omission contravenes a condition of the licence, and the person knows or is reckless as to that fact.

    (3)     An offence under subsection (1) or (2) is punishable by whichever of the following applies—

        (a)     in the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000 plus an additional fine not exceeding $22 000 for every day during which the offence continues;

        (b)     in any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000 plus an additional fine not exceeding $5500 for every day during which the offence continues.

Notes

1     Section 38 defines aggravated offence .

2     This section differs from section 34 of the Commonwealth Act.