Criminal offences for failing to comply with a notice etc
32JB Criminal offences for failing to comply with a notice etc
A person commits an offence if:
the person is given a notice under section 32JA; and
the person is covered by paragraph 32JA(1)(b) or (c); and
the person fails to comply with the notice.
Penalty: 500 penalty units.
Failure to comply with the notice might also lead to suspension or cancellation of the entry of a biological in the Register (see Divisions 6 and 7).
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 (1A): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if:
the person is given a notice under section 32JA; and
the person is covered by paragraph 32JA(1)(b) or (c); and
the person fails to comply with the notice.
Penalty: 100 penalty units.
An offence against subsection (1B) is an offence of strict liability.
Subsection (1B) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (1D): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if:
the person is given a notice under section 32JA in relation to a biological; and
the person gives information or produces a document in compliance or purported compliance with the notice; and
the information or document is false or misleading in a material particular; and
either:
the use of the biological has resulted in, will result in, or is likely to result in, harm or injury to any person; or
the use of the biological, if the biological were used, would result in, or would be likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (5) instead: see section 53A.
For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
A person commits an offence if:
the person is given a notice under section 32JA; and
the person gives information or produces a document in compliance or purported compliance with the notice; and
the information or document is false or misleading in a material particular.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
A person commits an offence if:
the person is given a notice under section 32JA; and
the person gives information or produces a document in compliance or purported compliance with the notice; and
the information or document is false or misleading in a material particular.
Penalty: 100 penalty units.
An offence against subsection (6) is an offence of strict liability.
This Act’s bill:Second reading speech
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