Gene Technology Act 2001
2This section differs from section 35A of the Commonwealth Act.
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2 This section differs from section 35A of the Commonwealth Act. 35B—Person must not breach conditions of emergency dealing determination—strict liability offence (a) the person takes an action or omits to take an action; and (b) the person has knowledge of the conditions to which an emergency dealing determination is subject; and (c) the action or omission by the person contravenes such a condition. (2) Strict liability applies to subsection (1)(a) and (c). (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—$22 000; (b) in any other case—$5 500. 1 Section 38 defines aggravated offence. 2 This section differs from section 35B of the Commonwealth Act. 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. (2) Strict liability applies to subsection (1)(b) and (c). (3) An offence against subsection (1) is punishable by a fine of not more than $5 500. 37—Offence relating to notifiable low risk dealings (b) the dealing is a notifiable low risk dealing; and (c) the dealing by the person was not undertaken in accordance with the regulations. Notifiable low risk dealings are specified in the regulations—see Part 6. (2) Strict liability applies to subsection (1)(b) and (c). (3) An offence against subsection (1) is punishable by a fine of not more than $5 500. 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 their 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.