Australian Capital Territory Numbered Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2004 (NO. 40 OF 2004) - SECT 14

    (1)     A person commits an offence if the person—

        (a)     owns or has custody or control of a plant; and

        (b)     is reckless about whether the plant—

              (i)     has been cultivated in contravention of a moratorium order; or

              (ii)     is or was part of a crop in which a plant was cultivated in contravention of a moratorium order; and

        (c)     does any of the following:

              (i)     transfers ownership, custody or control of the plant;

              (ii)     offers the plant for sale;

              (iii)     offers to supply the plant;

              (iv)     destroys the plant;

              (v)     moves the plant to another place.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (2)     Subsection (1) does not apply if the person is acting in accordance with—

        (a)     a direction under section 12; or

        (b)     a written permission of the chief executive.

    (3)     The regulations may make provision in relation to the giving of a permission mentioned in subsection (2) (b).