Document ID: chunk:federal_register_of_legislation:C2024C00451:section:32
Version: federal_register_of_legislation:C2024C00451
Segment Type: section
Provision Reference: s 32
Character Range: 39343–40911

32  Person not to deal with a GMO without a licence
 (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 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.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (2) An offence under subsection (1) is punishable on conviction by whichever of the following applies:
 (a) in the case of an aggravated offence— imprisonment for 5 years or 2,000 penalty units;
 (b) in any other case— imprisonment for 2 years or 500 penalty units.
Note: Section 38 defines aggravated offence.
 (3) In this section:
exempt dealing means a dealing specified by the regulations to be an exempt dealing.
 (4) Regulations under subsection (3) may be expressed to exempt:
 (a) all dealings with a GMO or with a specified class of GMOs; or
 (b) a specified class of dealings with a GMO or with a specified class of GMOs; or
 (c) one or more specified dealings with a GMO or with a specified class of GMOs.