South Australian Consolidated Acts South Australian Consolidated Acts32—Person not to deal with a GMO without a licence
(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
person knows that the dealing with the GMO by the person is not authorised by
a GMO licence or is reckless as to whether or not the dealing is so
authorised; and
(c) the
person knows that the dealing is not a notifiable low risk dealing or is
reckless as to whether or not the dealing is a notifiable low risk dealing;
and
(d) the
person knows that the dealing is not an exempt dealing or is reckless as to
whether or not the dealing is an exempt dealing; and
(e) the
person knows that the dealing is not included on the GMO Register or is
reckless as to whether or not the dealing is included on the GMO Register.
(2) An offence under
subsection (1) is punishable by whichever of the following applies:
(a) in
the case of an aggravated offence—imprisonment for a term not exceeding
5 years or a fine not exceeding $220 000; or
(b) in
any other case—imprisonment for a term not exceeding 2 years or a fine
not exceeding $55 000.
Note—
Section 38 defines "aggravated offence".
(3) In this
section—
"exempt dealing" means a dealing specified by the regulations to be an
exempt dealing.
(4) Regulations under
subsection (3) may be expressed to exempt—
(a) all
dealings with a GMO or with a specified class of GMOs; or
(b) a
specified class of dealings with a GMO or with a specified class of GMOs; or
(c) one
or more specified dealings with a GMO or with a specified class of GMOs.
Note—
This section differs from section 32 of the Commonwealth Act.