Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:2_47e
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 2 cl 47E
Character Range: 159477–161000

47E  Possession or custody with intention of supply
 (1) This section applies if, after the publication of a notice under section 47C, a person has possession or custody of the constituent or product with the intention of supplying it.
 (2) The person must not possess, have custody of or otherwise deal with the constituent or product except in accordance with the instructions contained in the notice.
 (3) Subsection (2) does not apply to a possession, custody or dealing if the constituent or product was approved or registered when the possession, custody or dealing took place because of its having been approved or registered or having become reserved after its previous approval or registration ended.
 (4) A person commits an offence if the person contravenes subsection (2).
Penalty: 300 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (5) For the purposes of subsection (4), strict liability applies to the physical element of circumstance in subsection (1), that the publishing of the notice was under section 47C.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) Subsection (2) 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.

Subdivision D—Renewing registrations