Document ID: chunk:federal_register_of_legislation:C2010A00054:clause:1_32jb
Version: federal_register_of_legislation:C2010A00054
Segment Type: clause
Provision Reference: sch 1 cl 32JB
Character Range: 137133–139315

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
 (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).
 (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, or will result in, harm or injury to any person; or
 (ii) the use of the biological, if the biological were used, would result in harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note: 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.
 (3) 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) the use of the biological, if the biological were used, would be likely to result in harm or injury to any person.
Penalty: 2,000 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (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 for contravention of this subsection: Imprisonment for 12 months or 1,000 penalty units, or both.