Document ID: chunk:federal_register_of_legislation:C2010A00054:clause:1_32ba:p2
Version: federal_register_of_legislation:C2010A00054
Segment Type: clause
Provision Reference: sch 1 cl 32BA (pt 2/2)
Character Range: 18294–19820

Register in relation to the person;
 (ii) the person is exempt under subsection 32CA(1) in relation to the biological or the biological is exempt under subsection 32CA(2);
 (iii) the biological is exempt under section 32CB;
 (iv) the biological is the subject of an approval under subsection 32CK(1) that is held by the person, being an approval covering the importation into Australia of the biological;
 (v) the biological is the subject of an approval under subsection 32CO(1) or (2) that is held by the person.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.

Defences
 (5) Subsection (1), (2) or (4) does not apply if the defendant proves that the defendant was not the sponsor of the biological at the time of the importation.
Note: A defendant bears a legal burden in relation to the matter in subsection (5): see section 13.4 of the Criminal Code.
 (6) Subsection (1) does not apply if:
 (a) harm or injury did not, or will not, directly result from:
 (i) the quality, safety or efficacy of the biological; or
 (ii) a matter relating to the labelling or packaging of the biological; or
 (iii) the improper use of the biological; or
 (b) harm or injury would not directly result from:
 (i) the quality, safety or efficacy of the biological; or
 (ii) a matter relating to the labelling or packaging of the biological; or
 (iii) the improper use of the biological.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6): see subsection 13.3(3) of the Criminal Code.