Australian Capital Territory Consolidated Acts

GENE TECHNOLOGY ACT 2003 - 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 about that fact.

Maximum penalty:

        (a)     for an aggravated offence—2 000 penalty units, imprisonment for 5 years or both; or

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

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

        (a)     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 about that fact.

Maximum penalty:

        (a)     for an aggravated offence—2 000 penalty units, imprisonment for 5 years or both ; or

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

    (3)     A person who contravenes subsection (1) or (2) commits a separate offence for each day (after the first day) during any part of which the contravention continues.

Maximum penalty (for each day):

        (a)     for an aggravated offence—200 penalty units ; or

        (b)     in any other case—50 penalty units.