34Person must not breach conditions of a GMO licence

34 Person must not breach conditions of a GMO licence

(1) The holder of a GMO licence commits an offence if: (a) the holder intentionally takes an action or omits to take an action; and (b) the action or omission contravenes the licence, and the holder knows or is reckless as to that fact.

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

(2) A person covered by a GMO licence commits an offence if: (a) the person intentionally takes an action or omits to take an action; and (b) the person has knowledge of the conditions of the licence; and (c) the action or omission contravenes a condition of the licence, 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.

(3) An offence under this section 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.

(4) A person who commits an offence under subsection (1) or (2) commits a separate offence in respect of each day (including the day of a conviction for the offence or any later day) on which the person commits the offence.