Document ID: chunk:federal_register_of_legislation:C2024C00451:section:35
Version: federal_register_of_legislation:C2024C00451
Segment Type: section
Provision Reference: s 35
Character Range: 43375–44496

35  Person must not breach conditions of a GMO licence—strict liability offence
 (1) The holder of a GMO licence commits an offence if the holder:
 (a) takes an action or omits to take an action; and
 (b) the action or omission contravenes the licence.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (2) A person covered by a GMO licence commits 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.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (3) Strict liability applies to paragraphs (1)(a) and (b) and (2)(a) and (b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) 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.