Document ID: chunk:federal_register_of_legislation:C2024C00451:section:33
Version: federal_register_of_legislation:C2024C00451
Segment Type: section
Provision Reference: s 33
Character Range: 40911–42021

33  Person not to deal with a GMO without a licence—strict liability offence
 (1) A person commits an offence if:
 (a) the person deals with a GMO, knowing that it is a GMO; and
 (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.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (2) Strict liability applies to paragraphs (1)(b), (ba), (c), (d) and (e).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (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—200 penalty units;
 (b) in any other case—50 penalty units.
Note: Section 38 defines aggravated offence.
 (4) In this section:
exempt dealing has the same meaning as in section 32.