Document ID: chunk:federal_register_of_legislation:C2024C00632:section:32jb:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 32JB (pt 1/2)
Character Range: 546169–548749

32JB  Criminal offences for failing to comply with a notice etc.
 (1) A person commits an offence if:
 (a) the person is given a notice under section 32JA; and
 (aa) the person is covered by paragraph 32JA(1)(b) or (c); and
 (b) the person fails to comply with the notice.
Penalty: 500 penalty units.
Note: Failure to comply with the notice might also lead to suspension or cancellation of the entry of a biological in the Register (see Divisions 6 and 7).
 (1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A): see subsection 13.3(3) of the Criminal Code.
 (1B) A person commits an offence if:
 (a) the person is given a notice under section 32JA; and
 (b) the person is covered by paragraph 32JA(1)(b) or (c); and
 (c) the person fails to comply with the notice.
Penalty: 100 penalty units.
 (1C) An offence against subsection (1B) is an offence of strict liability.
 (1D) Subsection (1B) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1D): see subsection 13.3(3) of the Criminal Code.
 (2) A person commits an offence if:
 (a) the person is given a notice under section 32JA in relation to a biological; and
 (b) the person gives information or produces a document in compliance or purported compliance with the notice; and
 (c) the information or document is false or misleading in a material particular; and
 (d) either:
 (i) the use of the biological has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the biological, if the biological were used, would result in, or would be likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (5) instead: see section 53A.
Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (5) A person commits an offence if:
 (a) the person is given a notice under section 32JA; and
 (b) the person gives information or produces a document in compliance or purported compliance with the notice; and
 (c) the information or document is false or misleading in a material particular.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (6) A person commits an offence if:
 (a) the person is given a notice under section 32JA; and