Document ID: chunk:federal_register_of_legislation:C2024C00508:section:84
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 84
Character Range: 245951–247665

84  Claims inconsistent with labels
 (1) A person must not make any claim, or cause or permit any claim to be made, in respect of:
 (a) a registered chemical product; or
 (b) a chemical product that contains a registered chemical product;
that is inconsistent with any of the instructions on any approved label for containers for the registered chemical product or inconsistent with any instruction required by an established standard for the registered chemical product to be included on a label for a container for the registered chemical product, as the case may be.
 (2) Subsection (1) does not apply to:
 (a) a claim that is exempted by the APVMA from the operation of this section; or
 (b) a claim made in a notice published under paragraph 45A(1)(b); or
 (c) a claim that is permitted to be made under any other law of this jurisdiction.
 (3) Subsection (1) does not apply to the extent that the person is authorised by a permit to engage in the conduct concerned.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (3A) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.
 (4) Subsection (3A) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.
 (5) 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 matter in subsection (3), see section 145CD.