Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_145h:p1
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 145H (pt 1/2)
Character Range: 395215–397923

145H  APVMA may give directions
 (1) This section applies if the APVMA believes, on reasonable grounds, that:
 (a) a person is not complying with this Code; and
 (b) it is necessary to exercise powers under this section:
 (i) to protect the health and safety of human beings; or
 (ii) to protect animals, plants or things, or the environment; or
 (iii) to prevent significant prejudice to trade or commerce between Australia and places outside Australia.
 (2) The APVMA may, by written notice, give directions to the person requiring the person to take such steps, within the time specified in the notice, as are reasonable in the circumstances for the person to comply with this Code.
 (3) A time specified in a notice must be reasonable having regard to the circumstances.
 (4) A person contravenes this subsection if:
 (a) the person is given a notice under this section; and
 (b) the person fails to comply with the notice within the time specified in the notice.
 (5) A person commits an offence if the person contravenes subsection (4).
Penalty:
 (a) in the case of an aggravated offence—120 penalty units; and
 (b) in any other case—30 penalty units.
 (6) Subsection (4) is a civil penalty provision.
Note: Division 2 provides for pecuniary penalties for contraventions of civil penalty provisions.
 (7) Section 4K of the Crimes Act 1914 applies to an offence against subsection (5).
 (8) If the person does not take the steps specified in the notice within the time specified in the notice, the APVMA may arrange for those steps to be taken.
 (9) If the APVMA incurs costs because of arrangements made by the APVMA under subsection (8):
 (a) the person is liable to pay to the APVMA, on behalf of the Commonwealth, an amount equal to the costs incurred; and
 (b) the amount may be recovered by the APVMA, on behalf of the Commonwealth, as a debt due to the Commonwealth in a court of competent jurisdiction.
 (10) To prove an aggravated offence, the prosecution must prove that the person who committed the offence:
 (a) intended his or her conduct:
 (i) to cause significant damage to the health and safety of human beings; or
 (ii) to cause significant damage to animals, plants or things, or the environment; or
 (iii) to significantly prejudice trade or commerce between Australia and places outside Australia; or
 (b) was reckless as to whether that conduct:
 (i) would cause significant damage to the health and safety of human beings; or
 (ii) would cause significant damage to animals, plants or things, or the environment; or
 (iii) would significantly prejudice trade or commerce between Australia and places outside Australia.
 (11) In this section:
aggravated offence means an offence the