Precautionary Penalty Order
If a person develops, field tests, imports or releases, possesses, or disposes of any new organism in breach of the HSNO Act or fails to comply with any controls relating to a new organism in any approval or regulation, the enforcement agency may seek a pecuniary penalty order.
The maximum pecuniary penalty is:
- In the case of an individual, $500,000.
- In the case of a body corporate, the greater of:
- If it can be readily ascertained an if the Court is satisfied that the contravention occurred in the course of producing a commercial gain, three times the values of any commercial gain resulting from the contravention
- If the commercial gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
Instead of, or in addition to, a pecuniary penalty order, the court may order the person 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. 2381
Section 124B Hazardous Substances and New Organisms Act 1996
Section 124C Hazardous Substances and New Organisms Act 1996
Section 124D Hazardous Substances and New Organisms Act 1996
Last updated at 12:22PM on February 25, 2015