Document ID: chunk:federal_register_of_legislation:C2024C00508:section:87
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 87
Character Range: 252685–254191

87  Chemical product to conform to standard
 (1) This section applies to a chemical product if:
 (a) a standard is prescribed in respect of the product or in respect of a constituent contained in the product; and
 (b) the product is:
 (i) a listed chemical product; or
 (ii) prescribed for the purposes of this section.
 (2) A person must not supply the product, or cause or permit the product to be supplied, unless:
 (a) if a standard is prescribed in respect of the product—the product conforms to the standard; or
 (b) if a standard is prescribed in respect of a constituent contained in the product—the constituent contained in the product conforms to the standard.
 (3) Subsection (2) does not apply to the extent that the conduct is authorised by a permit.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (3A) A person commits an offence if the person contravenes subsection (2).
Penalty: 300 penalty units.
 (4) Subsection (3A) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.
 (5) Subsection (2) is a civil penalty provision.
Note 1: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the matter in subsection (3), see section 145CD.