Document ID: chunk:federal_register_of_legislation:C2024C00508:section:77
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 77
Character Range: 234979–236529

77  Supply of approved active constituents in contravention of conditions of approval
 (1) A person must not supply, or cause or permit to be supplied, an approved active constituent for a proposed or existing chemical product whose approval is subject to conditions unless the supply is in accordance with those conditions or is authorised by a permit.
 (1A) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.
Note: The defendant bears an evidential burden in relation to establishing that the supply is in accordance with the conditions or is authorised by a permit. 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 person supplied the constituent, or caused or permitted the constituent to be supplied, as the case may be, the person did not know, and could not reasonably be expected to have known, that the approval of the constituent was subject to the conditions referred to in that subsection.
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) 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 establishing that the supply is in accordance with the conditions or is authorised by a permit, see section 145CD.