Part 4Regulations of dealings with GMOs

Part 4—Regulations of dealings with GMOs 31—Simplified outline (a) deals with the regulation of dealings with GMOs; (b) prohibits dealings with GMOs unless— (i) the person undertaking the dealing is authorised to do so by a GMO licence; or (ia) the dealing is specified in an emergency dealing determination; or (ii) the dealing is a notifiable low risk dealing (see Division 2 of Part 6); or (iii) the dealing is an exempt dealing; or (iv) the dealing is included in the GMO Register (see Division 3 of Part 6); (c) imposes heavier penalties on unlawful dealings that cause, or are likely to cause, significant damage to the health and safety of people or to the environment. Division 2—Dealings with GMOs must be licensed 32—Person not to deal with a GMO without a licence (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. (2) An offence under subsection (1) is punishable by whichever of the following applies: (a) in the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000; or (b) in any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000. exempt dealing means a dealing specified by the regulations to be an exempt dealing. (4) Regulations under subsection (3) may be expressed to exempt— (c) one or more specified dealings with a GMO or with a specified class of GMOs. This section differs from section 32 of the Commonwealth Act. 33—Person not to deal with a GMO without a licence—strict liability offence (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. (2) Strict liability applies to subsection (1)(b), (ba), (c), (d) and (e). (3) An offence under this section is punishable by a fine of not more than whichever of the following amounts applies: (a) in the case of an aggravated offence—$22 000; or (b) in any other case—$5 500. exempt dealing has the same meaning as in section 32. This section differs from section 33 of the Commonwealth Act. 34—Person must not breach conditions of a GMO licence (1) The holder of a GMO licence is guilty of 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. (2) A person covered by a GMO licence is guilty of 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. (3) An offence under subsection (1) or (2) is punishable by whichever of the following applies: (a) in the case of an aggravated offence—imprisonment for a term not exceeding 5 years or a fine not exceeding $220 000 plus an additional fine not exceeding $22 000 for every day during which the offence continues; (b) in any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000 plus an additional fine not exceeding $5 500 for every day during which the offence continues. This section differs from section 34 of the Commonwealth Act. 35—Person must not breach conditions of a GMO licence—strict liability offence (1) The holder of a GMO licence is guilty of an offence if the holder— (a) takes an action or omits to take an action; and (b) the action or omission contravenes the licence. (2) A person covered by a GMO licence is guilty of 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. (3) Strict liability applies to subsections (1)(a)and (b) and (2)(a) and (b). (4) An offence under this section is punishable by a fine of not more than whichever of the following amounts applies: (a) in the case of an aggravated offence—$22 000; or (b) in any other case—$5 500. 35A—Person must not breach conditions of emergency dealing determination (a) the person intentionally 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 contravenes such a condition, and the person knows or is reckless as to that fact. (2) 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 a term not exceeding 5 years or a fine not exceeding $220 000; (b) in any other case—imprisonment for a term not exceeding 2 years or a fine not exceeding $55 000.