Supply of prohibited and restricted carcinogens
340 Supply of prohibited and restricted carcinogens
(1) The supplier of a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that:
(a) the substance is to be used, handled or stored for genuine research or analysis; and
either:
(i) the regulator has authorised the person to use, handle or store the substance under regulation 384; or
(ii) the regulator has granted an exemption under Part 11.2 to the person to use, handle or store the substance.
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The supplier of a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 must not supply the substance for a use referred to in column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that:
(a) the regulator has authorised the person to use, handle or store the substance under regulation 384; or
(b) the regulator has granted an exemption to the person under Part 11.2 to use, handle or store the substance.
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
A supplier under subregulation (1) or (2) must keep a record of:
the name of the person supplied; and
the name and quantity of the substance supplied.
Maximum penalty:
in the case of an individual – $1 250.
in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(4) The supplier must keep the record for 5 years after the substance was last supplied to the person.
Maximum penalty:
in the case of an individual – $1 250.
in the case of a body corporate – $6 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Sign in to see bill, explanatory material, and regulations and instruments
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.