Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person commits
an offence if —
(a) the
person cultivates a genetically modified crop;
(b) the
crop is cultivated in an area that is designated in an order under
section 4;
(c) if
the order is made under section 4(1)(b), the crop is specified in the order;
and
(d) the
person knows, or is reckless as to whether or not, the crop is a genetically
modified crop.
Penalty: $200 000.
(2)
Subsection (1) does not apply to the cultivation of a genetically
modified organism under a GMO licence if —
(a) the
licence authorises release of the genetically modified organism into the
environment but only to the extent of release for the purposes of a field
trial;
and
(b) the
cultivation is a field trial that complies with the licence.
(3)
Subsection (1) does not apply to the cultivation of a genetically
modified organism if the cultivation does not involve the intentional release
of the organism into the environment.
(4)
Subsection (1) does not apply to the cultivation of a genetically
modified organism if the cultivation is covered by an exemption granted under
section 6.
(5) Proceedings for an
offence against subsection (1) are to be dealt with by a court
constituted by a magistrate.