Person must not breach conditions of a GMO licence — strict liability offence
35 Person must not breach conditions of a GMO licence — strict liability offence
The holder of a GMO licence commits an offence if —
the holder takes an action or omits to take an action; and
the action or omission contravenes the licence.
A person covered by a GMO licence commits an offence if —
the person takes an action or omits to take an action;
the action or omission contravenes the licence; and
the person has knowledge of the conditions of the licence.
Note: Section 35(3) of the Commonwealth Act provides that strict liability applies to paragraphs (1)(a) and (b) and (2)(a) and (b).
An offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies —
in the case of an aggravated offence — $22 000; or
in any other case — $5 500.
Notes for this section:
1. Section 38 defines “aggravated offence”.
2. This section differs from section 35 of the Commonwealth Act.
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