Document ID: chunk:federal_register_of_legislation:C2024C00632:section:32bb:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 32BB (pt 2/2)
Character Range: 394565–395755

held by the person, being an approval covering the exportation from Australia of the biological.
Penalty: 100 penalty units.
 (4B) An offence against subsection (4A) is an offence of strict liability.

Defences
 (5) Subsection (1), (4) or (4A) does not apply if the defendant proves that the defendant was not the sponsor of the biological at the time of the exportation.
Note: A defendant bears a legal burden in relation to the matter in subsection (5): see section 13.4 of the Criminal Code.
 (6) Subsection (1) does not apply if:
 (a) harm or injury did not, will not, or is not likely to, directly result from:
 (i) the quality, safety or efficacy of the biological; or
 (ii) a matter relating to the labelling or packaging of the biological; or
 (iii) the improper use of the biological; or
 (b) harm or injury would not, or would not be likely to, directly result from:
 (i) the quality, safety or efficacy of the biological; or
 (ii) a matter relating to the labelling or packaging of the biological; or
 (iii) the improper use of the biological.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6): see subsection 13.3(3) of the Criminal Code.