Document ID: chunk:federal_register_of_legislation:C2024C00508:section:88
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 88
Character Range: 254191–256348

88  Certain notices not to be published
 (1) In this section:
chemical product does not include a reserved chemical product.
notice includes a circular and an advertisement.
publish, means publish by any means, including in a newspaper or periodical, by broadcasting or televising, in a cinematograph film or in a video recording.
 (2) A person must not publish, or cause or permit to be published, a notice that offers to sell, or invites the making of offers to buy:
 (a) an active constituent for a proposed or existing chemical product if the constituent is not an approved active constituent; or
 (b) a chemical product that is not a registered chemical product;
unless:
 (c) an application has been made for approval of the constituent or registration of the product, as the case may be; and
 (d) the notice states:
 (i) that the constituent is not an approved active constituent or the product is not a registered chemical product, as the case may be; and
 (ii) that such an application has been made.
 (2A) A person commits an offence if the person contravenes subsection (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in paragraphs (2)(c) and (d). 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 defendant proves that, when the notice was published, or caused or permitted to be published, as the case may be, the defendant did not know, and could not reasonably be expected to have known, that:
 (a) if paragraph (2)(a) applies—the constituent was not an approved active constituent; or
 (b) if paragraph (2)(b) applies—the product was not a registered chemical product.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.
 (4) Subsection (2) 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 (2)(c) and (d), see section 145CD.