Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_93
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 93
Character Range: 42808–45014

93  The Schedule (at the end of section 54 of the Agvet Code)
Add:

 (2) If, after the publication under this section of a notice stating that the registration of a chemical product has ended, a person possesses, has custody of, uses or otherwise deals with the product in accordance with the instructions contained in the notice, the person is taken to have been issued with a permit to possess, have custody of, use or otherwise deal with the product in accordance with those instructions until:
 (a) 2 years after the day on which the registration ended; or
 (b) the NRA, by notice published in the Gazette, declares that this subsection ceases to apply in respect of the product;
whichever first occurs.

 (3) Subject to subsection (5), if:
 (a) a notice stating that the registration of a chemical product has ended has been published under this section; and
 (b) a person has possession or custody of the product for the purpose of supply;
the person may only possess, have custody of or otherwise deal with the product if the possession, custody or dealing is in accordance with the instructions contained in the notice.

Penalty: 300 penalty units.

 (4) In paragraph (3)(a), strict liability applies to the physical element of circumstance, that the publishing of the notice was under this section.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (5) Subsection (3) does not apply to a possession, custody or dealing with a product if the product was a registered chemical product or a reserved chemical product when the possession, custody or dealing took place because of its having been registered or having become reserved after the previous registration had ended.

 (6) If a notice stating that the registration of a chemical product has ended is published under this section, the NRA must:
 (a) as soon as practicable cause a copy of the notice to be given to the interested person in relation to the product or to an approved person; and
 (b) cause a copy of the notice to be given to any other person who, in the opinion of the NRA, should be given notice of the ending of the registration and of the instructions, warnings and explanations contained in the notice.