Document ID: chunk:federal_register_of_legislation:C2024C00508:section:90
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 90
Character Range: 260066–261285

90  Manufacture or import of date‑controlled chemical product
 (1) A person who manufactures or imports a date‑controlled chemical product must:
 (a) within 28 days make a record in the approved form and in the prescribed manner containing the date of manufacture, or the date of manufacture and import, as the case may be, of the product and any other particulars that are required by the regulations to be inserted in the record; and
 (b) keep that record for at least the period prescribed by the regulations for keeping it.
 (1A) A person commits an offence if the person contravenes subsection (1).
Penalty: 120 penalty units.
 (2) Subsection (1A) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.
 (3) In subsection (1), strict liability applies to the physical element of circumstance, that the relevant matter is prescribed by the regulations.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsection (1) is a civil penalty provision.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.