Document ID: chunk:federal_register_of_legislation:C2024C00508:section:81
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 81
Character Range: 241675–244298

81  Supply of registered chemical products with unapproved label
 (1) A person may only supply, or cause or permit to be supplied, a registered chemical product in a container if:
 (a) the label attached to the container:
 (i) states the minimum information (see subsection (5)); and
 (ii) does not contain information that is contrary to the minimum information; or
 (b) the supply is authorised by a permit.
 (1A) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (2) It is a defence to a prosecution of a person for an offence against subsection (1A) if the person proves that, when the chemical product was supplied, or caused or permitted to be supplied, as the case may be, in the container, the person did not know, and could not reasonably be expected to have known, that the label attached to the container:
 (a) did not state the minimum information (see subsection (5)); or
 (b) contained information contrary to the minimum information.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.
 (3) Subsection (1) does not apply to the supply of a registered chemical product in a container in the circumstances mentioned in that subsection if:
 (a) the label attached to the container states the minimum information (the earlier information) that was required to be stated on a label for containers for the product at a time before the supply takes place; and
 (b) the earlier information is different from the minimum information that is required to be stated on a label for containers for the product at the time the supply takes place; and
 (c) the APVMA has determined that this subsection applies in respect of the earlier information; and
 (d) the supply takes place not later than 2 years (or such shorter or longer period as the APVMA allows) after the earlier information ceased to be the minimum information that was required be stated on a label for containers for the product.
 (4) Subsection (1) is a civil penalty provision.
Note 1: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the matter in subsection (3), see section 145CD.
 (5) For the purposes of this section, the minimum information is the information covered by subparagraphs 21(c)(iii) and (iv) (including that information as varied under Part 2).