South Australian Consolidated Acts

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GENE TECHNOLOGY ACT 2001 - SECT 33

33—Person not to deal with a GMO without a licence—strict liability offence

        (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

            (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.

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

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

            (a)         in the case of an aggravated offence—$22 000; or

            (b)         in any other case—$5 500.

Note—

Section 38 defines "aggravated offence".

        (4)         In this section—

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

Note—

This section differs from section 33 of the Commonwealth Act.



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