Document ID: chunk:federal_register_of_legislation:C2024C00508:section:85
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 85
Character Range: 247665–249244

85  Modification of warning prohibited
 (1) A person must not, in connection with the supply of a chemical product, make a claim, or cause or permit a claim to be made, in respect of the product that is inconsistent with the expiry date required by the regulations to be contained on a label attached to a container of the product.
 (2) Subsection (1) does not apply to a claim made in a notice published under paragraph 45A(1)(b).
 (3) Subsection (1) does not apply to the extent that the person is authorised by a permit to engage in the conduct concerned.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (3A) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.
 (4) Subsection (3A) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.
 (5) In subsection (1), strict liability applies to the physical element of circumstance, that it is the regulations that require an expiry date to be contained on a label attached to a container of the product.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) Subsection (1) is a civil penalty provision.
Note 1: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the matter in subsection (3), see section 145CD.