Commonwealth Consolidated Acts

GENE TECHNOLOGY ACT 2000 - SECT 192A

             (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).

Maximum penalty: Imprisonment for 2 years or 120 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  In this section:

"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.