Failure to retain records etc
415 Failure to retain records etc
If the ACMA makes an instrument under subsection 407(1) that specifies requirements to be met after a label has been applied, a manufacturer or importer must not contravene those requirements.
A person commits an offence if:
the person is a manufacturer or importer of customer equipment or customer cabling; and
the person engages in conduct; and
the person’s conduct contravenes a requirement referred to in subsection (1).
Penalty: 100 penalty units.
See also sections 4AA and 4B of the Crimes Act 1914.
See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Subsection (1) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
In this section:
engage in conduct means:
do an act; or
omit to perform an act.
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