32Person not to deal with a GMO without a licence

#### 32 Person not to deal with a GMO without a licence (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.