Offences

Any person who develops, field tests, imports, or releases a new organism in contravention of the HSNO Act commits an offence. ²³⁷⁴  These are strict liability offences meaning that it is not necessary to prove that the defendant intended to commit the offence. The following defences are available where the offence relates to the development or field testing of a new organism (but not the import or release of a new organism): ²³⁷⁵

• The breach was necessary to save or protect life or health, to prevent serious damage to property, or to avoid actual or likely adverse effects on the environment, and the conduct of the defendant was reasonable in the circumstances, and the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after it occurred.
• The breach was due to an event beyond the control of the defendant (including natural disaster, mechanical failure, or sabotage) and the event could not reasonably have been foreseen or been provided against by the defendant, and the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred.
• The breach was within the defendant’s control but the defendant had taken all reasonable steps to prevent the action or event and the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred.

The maximum penalties for such offences are a fine not exceeding $500,000 or imprisonment for a term not exceeding 3 months. ²³⁷⁶  Instead of, or in addition to, a fine or imprisonment, the offender may be ordered to mitigate or remedy any adverse effects on people or the environment or pay the costs of doing so and/or order the destruction of the new organism. ²³⁷⁷

Last updated at 12:22PM on February 25, 2015