Document ID: chunk:federal_register_of_legislation:C2024C00480:section:18:p2
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 18 (pt 2/2)
Character Range: 50375–52106

person contravenes subsection (1) and the product is a category A product for the product class.
Civil penalty: 60 penalty units.
Note 1: It is generally not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision (see section 94 of the Regulatory Powers Act).
Note 2: See subsection (8) (evidential burden for matters in subsection (2)).

Civil penalty provision—category B products
 (6) A person is liable to a civil penalty if the person contravenes subsection (1) and the product is a category B product for the product class.
Civil penalty: 120 penalty units.
Note 1: It is generally not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision (see section 94 of the Regulatory Powers Act).
Note 2: See subsection (8) (evidential burden for matters in subsection (2)).

Evidential burden for matters in subsection (2)
 (7) In a prosecution for an offence against subsection (3) or (4), the prosecution bears an evidential burden in relation to the matters in paragraphs (2)(c) and (d), despite subsection 13.3(3) of the Criminal Code.
Note: However, a defendant still bears an evidential burden in relation to a matter in paragraph (2)(a) or (b), because subsection 13.3(3) of the Criminal Code still applies in relation to those paragraphs.
 (8) In proceedings for a civil penalty order under the Regulatory Powers Act for a contravention of subsection (5) or (6):
 (a) a person who wishes to rely on paragraph (2)(a) or (b) bears an evidential burden in relation to a matter in that paragraph; and
 (b) the person applying for the order bears an evidential burden in relation to the matters in paragraphs (2)(c) and (d).