GENE TECHNOLOGY ACT 2000 - SECT 35 Person must not breach conditions of a GMO licence--strict liability offence

GENE TECHNOLOGY ACT 2000 - SECT 35

  (1)   The holder of a GMO licence commits an offence if the holder:

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

  (b)   the action or omission contravenes the licence.

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 takes an action or omits to take an action; and

  (b)   the action or omission contravenes the licence; and

  (c)   the person has knowledge of the conditions of the licence.

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

  (3)   Strict liability applies to paragraphs   ( 1)(a) and (b) and (2)(a) and (b).

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

  (4)   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 .