Document ID: chunk:federal_register_of_legislation:C2024C00508:section:76
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 76
Character Range: 233567–234979

76  Supply of unapproved active constituents
 (1) A person must not supply, or cause or permit to be supplied, an active constituent for a proposed or existing chemical product that is not an approved active constituent unless:
 (a) the constituent is exempted by the APVMA from the operation of this section; or
 (b) the supply is authorised by a permit.
 (2A) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(a) and (b). See subsection 13.3(3) of the Criminal Code.
 (3) It is a defence to a prosecution of a person for an offence against subsection (2A) 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 active constituent was not an approved active constituent.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.
 (3A) 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 matters in paragraphs (1)(a) and (b), see section 145CD.