(1) If a person is subject to requirements that:
(a) have been specified under subsection 408(5); and
(b) must be met before applying a particular label to customer equipment or customer cabling;
the person must not apply:
(c) the label; or
(d) a label that purports to be such a label;
before the person satisfies those requirements.
(2) A person who contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914 .
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
(3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).