Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:340
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 340
Character Range: 452383–454828

340  Supply of prohibited and restricted carcinogens
 (1) The supplier of a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that:
 (a) the substance is to be used, handled or stored for genuine research or analysis; and
 (b) either:
 (i) the regulator has authorised the person to use, handle or store the substance under regulation 384; or
 (ii) the regulator has granted an exemption under Part 11.2 to the person to use, handle or store the substance.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) The supplier of a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 must not supply the substance for a use referred to in column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that:
 (a) the regulator has authorised the person to use, handle or store the substance under regulation 384; or
 (b) the regulator has granted an exemption to the person under Part 11.2 to use, handle or store the substance.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (3) A supplier under subregulation (1) or (2) must keep a record of:
 (a) the name of the person supplied; and
 (b) the name and quantity of the substance supplied.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
 (4) The supplier must keep the record for 5 years after the substance was last supplied to the person.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.

Subdivision 3—Obligations of persons conducting businesses or undertakings