Gene Technology Act 2000

A person commits an offence if:

the person deals with a GMO, knowing that it is a GMO; and

the dealing with the GMO by the person is not authorised by a GMO licence, and the person knows or is reckless as to that fact; and

the dealing with the GMO is not specified in an emergency dealing determination, and the person knows or is reckless as to that fact; and

the dealing is not a notifiable low risk dealing, and the person knows or is reckless as to that fact; and

the dealing is not an exempt dealing, and the person knows or is reckless as to that fact; and

the dealing is not included on the GMO Register, and the person knows or is reckless as to that fact.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

An offence under subsection (1) is punishable on conviction by whichever of the following applies:

in the case of an aggravated offence— imprisonment for 5 years or 2,000 penalty units;

in any other case— imprisonment for 2 years or 500 penalty units.

Section 38 defines aggravated offence.

In this section:

Regulations under subsection (3) may be expressed to exempt:

all dealings with a GMO or with a specified class of GMOs; or

a specified class of dealings with a GMO or with a specified class of GMOs; or

one or more specified dealings with a GMO or with a specified class of GMOs.