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

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

(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 (ba) the dealing with the GMO is not specified in an emergency dealing determination; 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), (ba), (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.