Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_83a
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 83A
Character Range: 108951–110299

83A  Supply of substances whose constituents differ from constituents of registered listed chemical product

 (1) A person must not supply, or cause or permit to be supplied, a substance or mixture of substances in a container to which is attached a label containing a name of a registered listed chemical product if:
 (a) the constituents of the substance or mixture differ by more than the prescribed extent from the constituents of the registered listed chemical product that were shown in the particulars of the registered listed chemical product contained in the Register of Chemical Products; or
 (b) the concentration of the constituents of the substance or mixture differ by more than the prescribed extent from the concentration of the constituents of the registered listed chemical product that was shown in those particulars; or
 (c) the composition or purity of any constituent of the substance or mixture differs by more than the prescribed extent from the composition or purity of the corresponding constituent of the registered listed chemical product that was shown in those particulars.

Penalty: 300 penalty units.

 (2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.