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
knows that the action or omission contravenes the licence or is reckless as to whether or not the action or omission contravenes the licence.
The offence under subsection (1) is a crime if the offence is an aggravated offence.
Note for this subsection:
Section 38 defines “aggravated offence”
A person charged with an offence under subsection (1) may be convicted of an offence under section 35(1), if that offence is established by the evidence.
A person covered by a GMO licence commits an offence if —
the person intentionally takes an action or omits to take an action;
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
the person has knowledge of the conditions of the licence.
The offence under subsection (2) is a crime if the offence is an aggravated offence.
Note for this subsection:
Section 38 defines “aggravated offence”
A person charged with an offence under subsection (2) may be convicted of an offence under section 35(2), if that offence is established by the evidence.
A person who commits an offence under this section is liable —
if it is a simple offence, to imprisonment for 2 years or a fine of $55 000 and an additional fine not exceeding $5 500 for every day during which the offence continues;
if it is a crime, to imprisonment for 5 years or a fine of $220 000 and an additional fine not exceeding $22 000 for every day during which the offence continues.
Note for this section:
This section differs from section 34 of the Commonwealth Act.
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