Document ID: chunk:federal_register_of_legislation:C2022C00333:section:36
Version: federal_register_of_legislation:C2022C00333
Segment Type: section
Provision Reference: s 36
Character Range: 9973–11182

36  Notification of discovery of prescribed substance
 (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:
 (a) the commencement of this Act;
 (b) the date of the making of the discovery; or
 (c) the date on which the substance becomes a prescribed substance;
whichever is the latest.
Penalty:
 (a) in the case of a natural person—20 penalty units; or
 (b) in the case of a body corporate—100 penalty units.
 (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.
 (3) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.
 (4) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.