Commonwealth Consolidated Acts

GENE TECHNOLOGY ACT 2000 - SECT 34

  (1)   The holder of a GMO licence commits 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.

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

  (2)   A person covered by a GMO licence commits an offence if:

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

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

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

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

  (3)   An offence under this section is punishable on conviction by whichever of the following applies:

  (a)   in the case of an aggravated offence -- imprisonment for 5   years or 2,000 penalty units;

  (b)   in any other case -- imprisonment for 2 years or 500 penalty units.

Note:   Section   38 defines aggravated offence .

  (4)   A person who commits an offence under subsection   ( 1) or (2) commits a separate offence in respect of each day (including the day of a conviction for the offence or any later day) on which the person commits the offence.