Document ID: chunk:federal_register_of_legislation:C2004A00803:clause:1_77
Version: federal_register_of_legislation:C2004A00803
Segment Type: clause
Provision Reference: sch 1 cl 77
Character Range: 5069–7044

77  Production etc. of Scheduled chemicals otherwise than in accordance with permit

 (1) A person is guilty of an offence if:
 (a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at that facility, or the transfer of Schedule 1 chemicals from that facility; and
 (b) the person produces, acquires, retains or uses Schedule 1 chemicals at that facility, or transfers Schedule 1 chemicals from that facility; and
 (c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty: Imprisonment for 5 years or 500 penalty units, or both.

 (2) A person is guilty of an offence if:
 (a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production, processing or consumption of Schedule 2 chemicals at that facility; and
 (b) the person produces, processes or consumes Schedule 2 chemicals at that facility; and
 (c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty: Imprisonment for 2 years or 250 penalty units, or both.

 (3) A person is guilty of an offence if:
 (a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production of particular Schedule 3 chemicals at that facility; and
 (b) the person produces that chemical at that facility; and
 (c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty: 250 penalty units.

 (4) A person is guilty of an offence if:
 (a) the person fails to do an act; and
 (b) the failure to do the act causes a contravention of section 28.

Penalty: 100 penalty units.

 (5) Subsection (4) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (4A). See subsection 13.3(3) of the Criminal Code.