Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_56zq:p1
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 56ZQ (pt 1/2)
Character Range: 93133–95856

56ZQ  Publication of notice of end of listed registration of chemical product

 (1) If the listed registration of a chemical product ends and is not renewed, the NRA must, as soon as practicable, cause to be published in the Gazette, and in any other manner that it thinks appropriate, a notice:
 (a) stating that the listed registration has ended; and
 (b) containing instructions for possessing, having custody of, using or otherwise dealing with the product; and
 (c) containing a warning of the consequences if a person fails to comply with the instructions, including a statement of any period after which it will be an offence against this Code to possess or have custody of the product with the intention of supply, or to supply the product; and
 (d) containing any other warnings or explanations in relation to the product that the NRA thinks desirable; and
 (e) setting out the date on which the listed registration ended; and
 (f) containing any other information that the NRA thinks appropriate;
unless the NRA thinks that, in the circumstances, it is unnecessary to publish such a notice.

 (2) If, after the publication under this section of a notice stating that the listed registration of a chemical product has ended, a person possesses, has custody of, uses or otherwise deals with the product in accordance with the instructions contained in the notice, the person is taken to have been issued with a permit to possess, have custody of, use or otherwise deal with the product in accordance with those instructions until:
 (a) 2 years after the day on which the registration ends; or
 (b) the NRA, by notice published in the Gazette, declares that this subsection ceases to apply in respect of the product;
whichever first occurs.

 (3) Subject to subsection (5), if:
 (a) a notice stating that the listed registration of a chemical product has ended has been published under this section; and
 (b) a person has possession or custody of the product with the intention of supply;
the person may only possess, have custody of or otherwise deal with the product if the possession, custody or dealing is in accordance with the instructions contained in the notice.

Penalty: 300 penalty units.

 (4) In paragraph (3)(a), strict liability applies to the physical element of circumstance, that the publishing of the notice was under this section.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (5) Subsection (3) does not apply to a possession, custody or dealing with a product if the product was a registered listed chemical product, a registered chemical product or a reserved chemical product when the possession, custody or dealing took place because of its having been granted listed