Document ID: chunk:federal_register_of_legislation:C2012A00108:clause:2_33
Version: federal_register_of_legislation:C2012A00108
Segment Type: clause
Provision Reference: sch 2 cl 33
Character Range: 14449–15443

33  Supply of unregistered WELS products
 (1) A person contravenes this subsection if:
 (a) the person supplies a WELS product; and
 (b) the applicable WELS standard requires the product to be registered for the purposes of the supply.
 (2) Subsection (1) does not apply if the WELS product is registered at the time of the supply.

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 60 penalty units.
 (5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.