Document ID: chunk:federal_register_of_legislation:C2024C00508:section:99:p2
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 99 (pt 2/2)
Character Range: 276421–278642

(d) and paragraphs (3)(j) and (k); and
 (b) to give the results of the analysis to the APVMA; and
 (c) to give the analyst's certificate to the APVMA.
 (4A) Without limiting subsection (4), the notice may require any one or more of the following:
 (a) that samples of the substance or mixture are taken:
 (i) under the supervision of an inspector; or
 (ii) in the manner stated in the notice;
 (b) that the analysis is carried out:
 (i) under the supervision of an approved analyst; or
 (ii) in the manner stated in the notice;
 (c) that the analysis is carried out at a prescribed laboratory;
 (d) that the analysis is carried out within a period stated in the notice;
 (e) that the analysis is carried out at the expense of the person.
 (4B) Information or results required to be given to the APVMA must be given in writing.
Note: For giving information electronically, see section 156A.
 (5) A person to whom a notice is given under subsection (2) must not fail to comply with the notice.
 (5AA) A person commits an offence of strict liability if the person contravenes subsection (5).
Penalty: 120 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5A) Subsection (5AA) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5A). See subsection 13.3(3) of the Criminal Code.
 (5B) Subsection (5) is a civil penalty provision.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.
 (6) The APVMA may publish in a manner that it thinks appropriate:
 (a) the name, and the address of the place of business, of:
 (i) the person who had possession or custody of the substance or mixture; and
 (ii) if the substance or mixture is intended for supply as a chemical product and the person referred to in subparagraph (i) is not the holder of the registration—the holder; and
 (b) the result of the analysis of the substance or mixture.
 (7) If a requirement made under this section is inconsistent with an earlier requirement made under this section, the earlier requirement is, to the extent of the inconsistency, of no effect.

Part 6—Recall notices