Commonwealth Consolidated Acts

GENE TECHNOLOGY ACT 2000 - SECT 33

             (1)  A person is guilty of 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.