Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS ACT 2019 - SECT 104

  (1)   A person contravenes this subsection if:

  (a)   the person introduces an industrial chemical during a registration year; and

  (b)   the person does not comply with subsection   (2), (3) or (4).

  (2)   The person must keep records relating to the introduction of industrial chemicals in that registration year by the person:

  (a)   that are necessary to demonstrate the following:

  (i)   each industrial chemical that the person introduced during the year;

  (ii)   the category of each of those introductions;

  (iii)   the basis on which the person determined the category of the introduction;

  (iv)   the amount of registration charge payable by the person; or

  (b)   that are of a kind prescribed by the rules for the purposes of this paragraph.

  (3)   The person must retain the records for 5 years beginning immediately after the end of the registration year.

  (4)   If the Executive Director requires, by written notice, the person to provide information required to be kept for the purposes of subsection   (2), the person must provide the information to the Executive Director within 20 working days after the day the notice is given.

Fault - based offence

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

Penalty:   300 penalty units.

Strict liability offence

  (6)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   60 penalty units.

Civil penalty provision

  (7)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   300 penalty units.