Document ID: chunk:federal_register_of_legislation:C2024C00508:section:121
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 121
Character Range: 316349–318211

121  Offences relating to manufacture and licences
 (3) A person must not carry out a step in the manufacture of a prohibited chemical product at premises in this jurisdiction.
 (3A) A person commits an offence of strict liability if the person contravenes subsection (3).
Penalty: 240 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) A person must not carry out a step in the manufacture of chemical products at premises in this jurisdiction unless:
 (a) under the regulations, the person is an exempt person in relation to the manufacture of the products; or
 (b) the person is the holder of a licence that is in force that authorises the carrying out of that step in relation to the products at those premises; or
 (c) the person holds a permit that authorises the carrying out of that step in relation to the product at those premises.
 (4A) A person commits an offence of strict liability if the person contravenes subsection (4).
Penalty: 240 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person who is the holder of a licence must not contravene a condition of the licence unless the person holds a permit that authorises the conduct that would contravene the condition of the licence.
 (5A) A person commits an offence of strict liability if the person contravenes subsection (5).
Penalty: 120 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) Subsections (3A), (4A) and (5A) do not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3) of the Criminal Code.
 (7) Subsections (3), (4) and (5) are civil penalty provisions.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.