Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_197
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 197
Character Range: 289563–291409

197  Supplying etc. consumer goods covered by a ban

 (1) A person commits an offence if:
 (a) the person, in trade or commerce, supplies consumer goods of a particular kind; and
 (b) either:
 (i) an interim ban on goods of that kind is in force in the place where the supply occurs; or
 (ii) a permanent ban on goods of that kind is in force.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (2) A person commits an offence if:
 (a) the person, in trade or commerce, offers for supply (other than for export) consumer goods of a particular kind; and
 (b) the supply would be prohibited by subsection (1).

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (3) A person commits an offence if:
 (a) the person, in or for the purposes of trade or commerce, manufactures, possesses or has control of consumer goods of a particular kind; and
 (b) supply of the goods would be prohibited by subsection (1).

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (4) Subsection (3) does not apply if the person does not manufacture, possess or control the goods for the purpose of supplying the goods (other than for export).

 (5) A person commits an offence if:
 (a) the person exports consumer goods of a particular kind; and
 (b) supply of the goods would be prohibited by subsection (1).

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (6) Subsection (5) does not apply if the Commonwealth Minister has, by written notice given to the person, approved the export of the goods under section 118(5).

 (7) Subsections (1), (2), (3) and (5) are offences of strict liability.