Document ID: chunk:federal_register_of_legislation:C2024C00508:section:89:p2
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 89 (pt 2/2)
Character Range: 258840–259879

by the Commonwealth, the State, the Territory or the authority, as the case may be, contains such a recommendation and the Commonwealth, State, Territory or authority did not, before the claim was made, publicly withdraw or revoke the recommendation.
 (5A) A person commits an offence if the person contravenes subsection (1).
Penalty: 50 penalty units.
 (6) Subsection (5A) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3) of the Criminal Code.
 (7) In paragraph (1)(f), strict liability applies to the physical element of circumstance, that the particular qualities concerned were prescribed by the regulations for the purposes of that paragraph.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (8) Subsection (1) is a civil penalty provision.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.

Division 3—Date‑controlled chemical products