Document ID: chunk:federal_register_of_legislation:C2024C00742:section:415
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 415
Character Range: 993467–994469

415  Failure to retain records etc.
 (1) If the ACMA makes an instrument under subsection 407(1) that specifies requirements to be met after a label has been applied, a manufacturer or importer must not contravene those requirements.
 (2) A person commits an offence if:
 (a) the person is a manufacturer or importer of customer equipment or customer cabling; and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes a requirement referred to in subsection (1).
Penalty: 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
 (3) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
 (4) In this section:
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.