Person must not breach conditions of a GMO licence
34 Person must not breach conditions of a GMO licence
The holder of a GMO licence commits an offence if:
the holder intentionally takes an action or omits to take an action; and
the action or omission contravenes the licence, and the holder knows or is reckless as to that fact.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
A person covered by a GMO licence commits an offence if:
the person intentionally takes an action or omits to take an action; and
the person has knowledge of the conditions of the licence; and
the action or omission contravenes a condition of the licence, 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 this section 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.
A person who commits an offence under subsection (1) or (2) commits a separate offence in respect of each day (including the day of a conviction for the offence or any later day) on which the person commits the offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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