7Dealing with GMO in GMO-free area prohibited

7 Dealing with GMO in GMO-free area prohibited

[Section 7 Substituted by No. 44 of 2007, s. 6, Applied:13 Nov 2007]

(1)  A person must not knowingly deal with a GMO in a GMO-free area unless –

(a) that person is authorised to so deal with the GMO by –

(i) both a permit and a GMO licence; or

(ii) a permit if that dealing with the GMO would not be an offence under section 32(1) of the Gene Technology Act 2000 of the Commonwealth; or

(b) that dealing is an exempt dealing within the meaning of section 32 of the Gene Technology Act 2000 of the Commonwealth.

Penalty:  Fine not exceeding 2 000 penalty units.

(2)  For the purposes of subsection (1) , a person knowingly deals with a GMO if that person –

(a) knows that he or she is dealing with a GMO; or

(b) has reasonable grounds for suspecting that he or she is dealing with a GMO.

(3)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that he or she –

(a) took all reasonable steps to ensure that he or she did not deal with the GMO; or

(b) was an exempt person in relation to the GMO at the time he or she dealt with it.