Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not:
(a) import into Australia:
(i) an active constituent for a proposed or existing chemical product that is neither an approved active constituent nor an exempt active constituent; or
(ii) a chemical product that is not a registered chemical product, a reserved chemical product or an exempt chemical product; or
(b) arrange for the importation into Australia, on behalf of another person who, at the time of the arrangements, is neither a resident of, nor carrying on business in, Australia, of such an active constituent or chemical product.
(1AA) A person commits an offence if the person contravenes subsection (1).
(1A) Subsection (1AA) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code .
(1B) Subsection (1AA) does not apply if the person has the APVMA's written consent.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code .
(1C) For the purposes of subsection (1AA), strict liability applies to the physical element of circumstance in subparagraph (1)(a)(i), that the active constituent is neither an approved active constituent nor an exempt active constituent.
Note: For strict liability, see section 6.1 of the Criminal Code .
(1D) For the purposes of subsection (1AA), strict liability applies to the physical element of circumstance in subparagraph (1)(a)(ii), that the chemical product is neither a registered chemical product nor an exempt chemical product.
Note: For strict liability, see section 6.1 of the Criminal Code .
(1E) Subsection (1) is a civil penalty provision.
Note 1: Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the matters in subsection (1B), see section 69EJP.
(2) In subsection (1):
"exempt active constituent" means an active constituent that is exempted by the APVMA from the operation of that subsection.
"exempt chemical product" means a chemical product that is exempted by the APVMA from the operation of that subsection.
(3) The APVMA may, by writing, exempt an active constituent for a proposed or existing chemical product, or exempt a chemical product, from the operation of subsection (1).
(3A) A consent given under subsection (1B) may be subject to any conditions that the APVMA thinks appropriate.
(3B) The APVMA may impose a condition, by writing, on a consent at any time while the consent is in force.
(4) If:
(a) the importation of an active constituent for a proposed or existing chemical product, or of a chemical product, is prohibited under subsection (1); and
(b) the APVMA notifies the Comptroller - General of Customs (within the meaning of the Customs Act 1901 ) in writing that the APVMA wishes the Customs Act 1901 to apply to that importation;
the Customs Act 1901 has effect as if the constituent or product included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.