Document ID: chunk:federal_register_of_legislation:C2024C00508:section:91:p1
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 91 (pt 1/2)
Character Range: 261285–263955

91  Supply of date‑controlled chemical product
 (1) A person must not supply, or cause or permit to be supplied, a date‑controlled chemical product in a container that does not have attached to it an approved label containing:
 (a) matter that the APVMA has approved as sufficient to enable the APVMA to identify the date of manufacture of the product; and
 (b) the expiry date required to be contained on the label as a condition of the registration of the product.
 (1A) Subsection (1) does not apply to the extent that the person's conduct is otherwise authorised by a permit.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.
 (1AA) A person commits an offence if the person contravenes subsection (1).
Penalty: 120 penalty units.
 (1B) Subsection (1AA) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.
 (1C) For the purposes of subsection (1AA), strict liability applies to the physical elements of circumstance, that:
 (a) the APVMA has not approved the relevant matter as mentioned in paragraph (1)(a); and
 (b) an expiry date was required to be contained on the label as a condition of the registration of the product.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (1D) 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 subsection (1A), see section 145CD.
 (2) If the container of a date‑controlled chemical product has attached to it a label containing an expiry date, a person must not, after that date, supply, or cause or permit to be supplied, the product that is in the container unless:
 (a) the person is authorised to do so by a permit; or
 (b) the person does so on a date that, despite the date on the label, is earlier than the date that is required to be contained on the label as a condition of the registration of the product.
 (2A) A person commits an offence if the person contravenes subsection (2).
Penalty: 120 penalty units.
Note: The defendant bears an evidential burden in relation to the matters in paragraphs (2)(a) and (b). 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)