Document ID: chunk:federal_register_of_legislation:C2024C00508:section:152
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 152
Character Range: 430561–431835

152  Liability of persons acting on behalf of non‑residents
 (1) If:
 (a) a person does any thing in this jurisdiction on behalf of another person who is not a resident of, and does not carry on business in, Australia; and
 (b) the doing of that thing is an offence against this Code;
this Code has effect, in addition to the effect that it has apart from this subsection, as if the first‑mentioned person did that thing on that person's own account and not on behalf of the other person.
 (2) If:
 (a) the holder of an approval or registration who is not a resident of, and does not carry on business in, Australia fails to do a thing in this jurisdiction in relation to an active constituent or chemical product covered by the approval or registration; and
 (b) the failure of the holder to do that thing is an offence against this Code;
the nominated agent for the approval or registration is taken to have been under the same liability under this Code as the holder to do that thing and, if the thing is not done by the nominated agent, is punishable accordingly.
 (3) For an offence that arises because of subsection (2), strict liability applies to paragraphs (2)(a) and (b).
Note: For strict liability, see section 6.1 of the Criminal Code.

Part 10—Miscellaneous