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Gene Technology Bill 2000

Part 4 Regulation of dealings with GMOs

Division 1 Simplified outline

31  Simplified outline

                   The following is a simplified outline of this Part:

This Part deals with the regulation of dealings with GMOs.

This Part prohibits dealings with GMOs unless:

               (a)     the person undertaking the dealing is authorised to do so by a GMO licence; or

              (b)     the dealing is a notifiable low risk dealing (see Division 2 of Part 6); or

               (c)     the dealing is an exempt dealing; or

              (d)     the dealing is included in the GMO Register (see Division 3 of Part 6).

This Part imposes heavier penalties on unlawful dealings that cause, or are likely to cause, significant damage to the health and safety of people or to the environment.



 

Division 2 Dealings with GMOs must be licensed

32   Person not to deal with a GMO without a licence

             (1)  A person is guilty of an offence if:

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

                     (b)  the person knows that the dealing with the GMO by the person is not authorised by a GMO licence or is reckless as to whether or not the dealing is so authorised; and

                     (c)  the person knows that the dealing is not a notifiable low risk dealing or is reckless as to whether or not the dealing is a notifiable low risk dealing; and

                     (d)  the person knows that the dealing is not an exempt dealing or is reckless as to whether or not the dealing is an exempt dealing; and

                     (e)  the person knows that the dealing is not included on the GMO Register or is reckless as to whether or not the dealing is included on the GMO Register.

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 a fine of not more than whichever of the following amounts applies:

                     (a)  in the case of an aggravated offence—2,000 penalty units;

                     (b)  in any other case—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.

33   Person not to deal with a GMO without a licence—strict liability offence

             (1)  A person is guilty of 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

                     (c)  the dealing is not a notifiable low risk dealing; and

                     (d)  the dealing is not an exempt dealing; and

                     (e)  the dealing is not included on the GMO Register.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Strict liability applies to paragraphs (1)(b), (c), (d) and (e).

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  An offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies:

                     (a)  in the case of an aggravated offence—200 penalty units;

                     (b)  in any other case—50 penalty units.

Note:          Section 38 defines aggravated offence.

             (4)  In this section:

exempt dealing has the same meaning as in section 32.

34   Person must not breach conditions of a GMO licence

             (1)  The holder of a GMO licence is guilty of an offence if the holder:

                     (a)  intentionally takes an action or omits to take an action; and

                     (b)  knows that the action or omission contravenes the licence or is reckless as to whether or not the action or omission contravenes the licence.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  A person covered by a GMO licence is guilty of an offence if:

                     (a)  the person intentionally takes an action or omits to take an action; and

                     (b)  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

                     (c)  the person has knowledge of the conditions of the licence.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (3)  An offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies:

                     (a)  in the case of an aggravated offence—2,000 penalty units;

                     (b)  in any other case—500 penalty units.

Note:          Section 38 defines aggravated offence .

35   Person must not breach conditions of a GMO licence—strict liability offence

             (1)  The holder of a GMO licence is guilty of an offence if the holder:

                     (a)  takes an action or omits to take an action; and

                     (b)  the action or omission contravenes the licence.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  A person covered by a GMO licence is guilty of an offence if:

                     (a)  the person takes an action or omits to take an action; and

                     (b)  the action or omission contravenes the licence; and

                     (c)  the person has knowledge of the conditions of the licence.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (3)  Strict liability applies to paragraphs (1)(a) and (b) and (2)(a) and (b).

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (4)  An offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies:

                     (a)  in the case of an aggravated offence—200 penalty units;

                     (b)  in any other case—50 penalty units.

Note:          Section 38 defines aggravated offence .

36   Person must not breach conditions on GMO Register

             (1)  A person is guilty of an offence if the person:

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

                     (b)  the dealing is on the GMO Register; and

                     (c)  the dealing contravenes a condition relating to the dealing that is specified in the GMO Register.

Maximum penalty: 50 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Strict liability applies to paragraphs (1)(b) and (c).

37   Offence relating to notifiable low risk dealings

             (1)  A person is guilty of an offence if:

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

                     (b)  the dealing is a notifiable low risk dealing; and

                     (c)  the dealing by the person was not undertaken in accordance with the regulations.

Maximum penalty: 50 penalty units.

Note 1:       Notifiable low risk dealings are specified in the regulations—see Part 6.

Note 2:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Strict liability applies to paragraphs (1)(b) and (c).

38   Aggravated offences—significant damage to health or safety of people or to the environment

             (1)  An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the environment.

             (2)  In order to prove an aggravated offence, the prosecution must prove that the person who committed the offence:

                     (a)  intended his or her conduct to cause significant damage to the health and safety of people or to the environment; or

                     (b)  was reckless as to whether that conduct would cause significant damage to the health and safety of people or to the environment.