Document ID: chunk:federal_register_of_legislation:C2024C00449:section:12a
Version: federal_register_of_legislation:C2024C00449
Segment Type: section
Provision Reference: s 12A
Character Range: 26016–27318

12A  Person not liable for conduct purportedly authorised
 (1) To avoid doubt, a person is not criminally responsible for a licence offence in respect of particular conduct if:
 (a) the conduct by the person is purportedly authorised by a provision of a general licence or mitochondrial donation licence; and
 (b) the licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and
 (c) the person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.
 (2) In this section:
general licence includes a purported general licence.
licence offence means:
 (a) for a general licence—an offence against section 10, 10A, 10B or 12; or
 (b) for a mitochondrial donation licence—an offence against:
 (i) section 10; or
 (ii) section 10A, in so far as it applies because of subparagraph (b)(i) or (ii) of that section; or
 (iii) section 10B in so far as it applies to a pre‑clinical research and training licence, a clinical trial research and training licence or a clinical practice research and training licence; or
 (iv) section 11, 11A or 12.
mitochondrial donation licence includes a purported mitochondrial donation licence.

Division 3—Embryo Research Licensing Committee of the NHMRC