Commonwealth Consolidated Acts

PRODUCT EMISSIONS STANDARDS ACT 2017 - SECT 33

  (1)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct causes an emissions - controlled product to be moved, altered or interfered with; and

  (c)   the product is the subject of a notice under subsection   32 (2).

Penalty:   Imprisonment for 6 months .

  (2)   Subsection   ( 1) does not apply if the person engages in the conduct in accordance with a direction given to the person by the Minister.

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

  (3 )   A person commits an offence if:

  (a)   the person is given a notice under subsection   32 (3); and

  (b)   the person does not take all reasonable precautions to prevent the product being moved, altered or interfered with except in accordance with a direction given by the Minister.

Penalty:   Imprisonment for 6 months .