Australian Capital Territory Numbered Acts

GENE TECHNOLOGY AMENDMENT ACT 2008 (NO. 10 OF 2008) - SECT 5

substitute

32     Person not to deal with GMO without licence

A person commits an offence if—

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

        (b)     the dealing with the GMO by the person is not authorised by a GMO licence, and the person knows or is reckless about that fact; and

        (c)     the dealing with the GMO is not specified in an emergency dealing determination, and the person knows or is reckless about that fact; and

        (d)     the dealing is not a notifiable low risk dealing, and the person knows or is reckless about that fact; and

        (e)     the dealing is not an exempt dealing and the person knows or is reckless about that fact; and

        (f)     the dealing is not included on the GMO Register, and the person knows or is reckless about that fact.

Maximum penalty:

        (a)     for an aggravated offence—2 000 penalty units, imprisonment for 5 years or both; or

        (b)     in any other case—500 penalty units, imprisonment for 2 years or both.

Note 1     Aggravated offence is defined in s 38.

Note 2     For provisions corresponding to the Commonwealth Act, s 32 (4), see the Legislation Act, s 48.