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GENE TECHNOLOGY ACT 2000 - SECT 192A

Interference with dealings with GMOs

  (1)   A person commits 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 .


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