Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_34
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 46794–48646

34  After subsection 30F(4)
Insert:

Written notice is not a legislative instrument

 (4A) A written notice given to a person by the Secretary under this section is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Offences

 (4B) A person commits an offence if:
 (a) the Secretary gives a notice to the person under subsection (2); and
 (b) the notice specifies a particular requirement mentioned in subsection (3); and
 (c) the person fails to comply with that requirement; and
 (d) either:
 (i) the use of the goods has resulted in, or will result in, harm or injury to any person; or
 (ii) the use of the goods, if the goods were used, would result in harm or injury to any person; and
 (e) the harm or injury has resulted, will result, or would result, because the person failed to comply with that requirement.

Maximum penalty: Imprisonment for 5 years or 4,000 penalty units, or both.

Note: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (5) instead: see section 53A.

 (4C) A person commits an offence if:
 (a) the Secretary gives a notice to the person under subsection (2); and
 (b) the notice specifies a particular requirement mentioned in subsection (3); and
 (c) the person fails to comply with that requirement; and
 (d) the use of the goods, if the goods were used, would be likely to result in harm or injury to any person; and
 (e) the harm or injury would be likely to result because the person failed to comply with that requirement.

Maximum penalty: 2,000 penalty units.

 (4D) Subsection (4C) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Note: The heading to section 30F is altered by omitting "Goods" and substituting "Criminal offences for goods".