Document ID: chunk:federal_register_of_legislation:C2024C00632:section:32ch
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 32CH
Character Range: 433376–434993

32CH  Criminal offences for breaching a condition of an exemption
 (1) A person commits an offence if:
 (a) the person does an act or omits to do an act in relation to a biological; and
 (b) the biological is covered by an exemption in force under section 32CB; and
 (c) the act or omission results in the breach of a condition of the exemption; and
 (d) the act or omission is likely to cause a serious risk to public health.
Penalty: Imprisonment for 5 years or 2,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) A person commits an offence if:
 (a) the person does an act or omits to do an act in relation to a biological; and
 (b) the biological is covered by an exemption in force under section 32CB; and
 (c) the act or omission results in the breach of a condition of the exemption.
Penalty: Imprisonment for 4 years or 240 penalty units, or both.
 (4) Strict liability applies to paragraph (3)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person commits an offence if:
 (a) the person does an act or omits to do an act in relation to a biological; and
 (b) the biological is covered by an exemption in force under section 32CB; and
 (c) the act or omission results in the breach of a condition of the exemption.
Penalty: 60 penalty units.
 (6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.