Document ID: chunk:federal_register_of_legislation:C2021C00527:section:33
Version: federal_register_of_legislation:C2021C00527
Segment Type: section
Provision Reference: s 33
Character Range: 28868–29836

33  Person must not interfere with seized product
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct causes an emissions‑controlled product to be moved, altered or interfered with; and
 (c) the product is the subject of a notice under subsection 32(2).
Penalty: Imprisonment for 6 months.
 (2) Subsection (1) does not apply if the person engages in the conduct in accordance with a direction given to the person by the Minister.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) A person commits an offence if:
 (a) the person is given a notice under subsection 32(3); and
 (b) the person does not take all reasonable precautions to prevent the product being moved, altered or interfered with except in accordance with a direction given by the Minister.
Penalty: Imprisonment for 6 months.

Division 3—Forfeiture of seized products