GENE TECHNOLOGY ACT 2000 - SECT 33 Person not to deal with a GMO without a licence--strict liability offence

GENE TECHNOLOGY ACT 2000 - SECT 33

  (1)   A person commits an offence if:

  (a)   the person deals with a GMO, knowing that it is a GMO; and

  (b)   the dealing with the GMO by the person is not authorised by a GMO licence; and

  (ba)   the dealing with the GMO is not specified in an emergency dealing determination; and

  (c)   the dealing is not a notifiable low risk dealing; and

  (d)   the dealing is not an exempt dealing; and

  (e)   the dealing is not included on the GMO Register.

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

  (2)   Strict liability applies to paragraphs   ( 1)(b), (ba), (c), (d) and (e).

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3)   An offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies:

  (a)   in the case of an aggravated offence--200 penalty units;

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

Note:   Section   38 defines aggravated offence.

  (4)   In this section:

"exempt dealing" has the same meaning as in section   32.