Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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 as to that fact; and
(c) the dealing with the GMO is not specified in an emergency dealing determination, and the person knows or is reckless as to that fact; and
(d) the dealing is not a notifiable low risk dealing, and the person knows or is reckless as to that fact; and
(e) the dealing is not an exempt dealing, and the person knows or is reckless as to that fact; and
(f) the dealing is not included on the GMO Register, and the person knows or is reckless as to that fact.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2) An offence under subsection (1) is punishable on conviction by whichever of the following applies:
(a) in the case of an aggravated offence-- imprisonment for 5 years or 2,000 penalty units;
(b) in any other case-- imprisonment for 2 years or 500 penalty units.
Note: Section 38 defines aggravated offence.
(3) In this section:
"exempt dealing" means a dealing specified by the regulations to be an exempt dealing.
(4) Regulations under subsection (3) may be expressed to exempt:
(a) all dealings with a GMO or with a specified class of GMOs; or
(b) a specified class of dealings with a GMO or with a specified class of GMOs; or
(c) one or more specified dealings with a GMO or with a specified class of GMOs.