Document ID: chunk:federal_register_of_legislation:C2024C00508:section:92
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 92
Character Range: 264252–265895

92  Abuse of warning on label prohibited
 (1) If a label attached to a container of a chemical product contains any matter (the approved matter) that is, or has been, required to be contained on the label by or under subsection 91(1), a person must not do, or cause or permit to be done, any of the following:
 (a) detach or otherwise remove the label;
 (b) alter, deface, obliterate or destroy the approved matter;
 (c) attach another label to, or endorse anything upon, the container that in either case has the effect of negating, varying, or in any way detracting from, qualifying or minimising the purport or effect of, the approved matter.
 (2) Paragraph (1)(b) does not apply to an alteration, defacing, obliteration or destruction of matter that is done by the destruction or disposal of the chemical product without otherwise contravening this Code.
 (2A) A person commits an offence if the person contravenes subsection (1).
Penalty: 120 penalty units.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.
 (3) Subsection (2A) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (4) 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 the matter in subsection (2), see section 145CD.

Division 4—Restricted chemical products