Western Australian Consolidated Acts

GENETICALLY MODIFIED CROPS FREE AREAS ACT 2003 - SECT 10

10 .         Orders a court may make on conviction

        (1)         If a court convicts a person of an offence against section 5 or 7 and the genetically modified crop has been destroyed under an order of the chief executive officer under section 8(1), the court may, in addition to any other penalty imposed, order that the person pay to the Minister the costs of destroying the crop.

        (2)         If —

            (a)         a court convicts a person of an offence against section 5 or 7;

            (b)         it is proved on the balance of probabilities that the cultivation of the genetically modified crop by the convicted person resulted in another crop being a genetically modified crop;

            (c)         that other crop is destroyed under an order of the chief executive officer under section 8(1); and

            (d)         compensation is paid to another person under section 9 because of the destruction of that other crop,

                the court may, in addition to any other penalty imposed, order the convicted person pay to the Minister an amount equal to the amount of compensation paid.

        (3)         If a court convicts a person of an offence against section 5 or 7, the court may, in addition to any other penalty imposed, order the convicted person to pay to any other person who has suffered loss or damage or incurred costs or expenses as a result of the commission of the offence compensation for the loss or damage, or an amount for or towards the costs or expenses.