Document ID: chunk:federal_register_of_legislation:C2024C00639:section:76
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 76
Character Range: 115890–118221

76  Liable party to be member of approved co‑regulatory arrangement
 (1) A liable party in relation to a product must be a member of an approved co‑regulatory arrangement in relation to that product.

Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 250 penalty units.

Minister to give notice before applying for civil penalty order
 (4) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:
 (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and
 (b) the person has failed to comply with the notice.
 (5) The day specified in the notice must be at least 14 days after the day the notice is given.

Variation and revocation of notice
 (6) A person to whom a notice has been given under subsection (4) may apply to the Minister to:
 (a) vary the notice to specify a later day; or
 (b) revoke the notice.
 (7) The application must be:
 (a) in writing; and
 (b) made before the day specified in the notice under subsection (4).
 (8) The Minister may, by written notice given to the person:
 (a) if paragraph (6)(a) applies—vary the notice to specify a later day; or
 (b) if paragraph (6)(b) applies—revoke the notice.
Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
 (9) Otherwise, the Minister must refuse the application.
 (10) Subsections (6) and (8) of this section do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (4) of this section.

Continuing contraventions
 (11) Section 4K of the Crimes Act 1914 and section 93 of the Regulatory Powers Act apply in relation to a contravention of subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (4) of this section.