(1)  The holder of a GMO licence is guilty of an offence if the holder –

(a) intentionally takes an action or omits to take an action; and

(b) knows that the action or omission contravenes the licence or is reckless as to whether or not the action or omission contravenes the licence.

(2)  A person covered by a GMO licence is guilty of an offence if –

(a) the person intentionally takes an action or omits to take an action; and

(b) the person knows that the action or omission contravenes the licence or is reckless as to whether or not the action or omission contravenes the licence; and

(c) the person has knowledge of the conditions of the licence.

(3)  An offence under subsection (1) or (2) is punishable by whichever of the following applies:

(a) in the case of an aggravated offence – a fine not exceeding 2 200 penalty units plus an additional fine not exceeding 220 penalty units for every day during which the offence continues or imprisonment for a term not exceeding 5 years;

(b) in any other case – a fine not exceeding 550 penalty units plus an additional fine not exceeding 55 penalty units for every day during which the offence continues or imprisonment for a term not exceeding 2 years.