South Australian Consolidated Acts South Australian Consolidated Acts34—Person must not breach conditions of a GMO licence
(1) The holder of a
GMO licence is guilty of an offence if the holder—
(a)
intentionally takes an action or omits to take an action; and
(b)
knows that the action or omission contravenes the licence or is reckless as to
whether or not the action or omission contravenes the licence.
(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 knows that the action or omission contravenes the licence or is
reckless as to whether or not the action or omission contravenes the licence;
and
(c) the
person has knowledge of the conditions of the licence.
(3) An offence under
subsection (1) or (2) 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 plus an additional fine not
exceeding $22 000 for every day during which the offence continues;
(b) in
any other case—imprisonment for a term not exceeding 2 years or a fine
not exceeding $55 000 plus an additional fine not exceeding $5 500
for every day during which the offence continues.
Note—
Section 38 defines "aggravated offence".
Note—
This section differs from section 34 of the Commonwealth Act.