Agricultural and Veterinary Chemicals Code Act 1994

This section applies if, after notice of the end of the registration of a chemical product is published under section 47C, a person has possession or custody of the product with the intention of supplying it.

The person must not possess, have custody of or otherwise deal with the product except in accordance with the instructions contained in the notice.

Subsection (2) does not apply to a possession, custody or dealing if the product was registered when the possession, custody or dealing took place because of its having been registered or having become reserved after its previous registration ended.

A person commits an offence if the person contravenes subsection (2).

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

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.

For strict liability, see section 6.1 of the Criminal Code.

Subsection (2) is a civil penalty provision.

Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.

For the evidential burden in civil penalty proceedings in relation to the matter in subsection (3), see section 145CD.