Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69ENB

  (1)   A person contravenes this section if:

  (a)   the person is given a notice under section   69EN; and

  (b)   the person fails to comply with the notice:

  (i)   within the period specified in the notice; or

  (ii)   if the APVMA has allowed the person further time under subsection   69ENA(3)--within such further time.

  (2)   Subsection   (1) does not apply if:

  (a)   the person is an individual; and

  (b)   the person refuses or fails to give particular information or produce a particular document in compliance with a substantiation notice; and

  (c)   the information, or production of the document, might tend to incriminate the individual or to expose the individual to a penalty.

  (3)   A person commits an offence if the person contravenes subsection   (1).

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2). See subsection   13.3(3) of the Criminal Code .

  (4)   Subsection   (1) is a civil penalty provision.

Note 1:   Division   1 of this Part provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 2:   For the evidential burden in civil penalty proceedings in relation to the matter in subsection   (2), see section   69EJP.