Commonwealth Consolidated Acts

GENE TECHNOLOGY ACT 2000 - SECT 34

             (1)  The holder of a GMO licence is guilty of 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 is guilty of 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 is guilty of an offence under subsection (1) or (2) is guilty of 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 is guilty of the offence.