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

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

(1) The holder of a GMO licence commits 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 commits 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.