(1) If the ACMA makes an instrument under subsection 407(1) that specifies requirements to be met after a label has been applied, a manufacturer or importer must not contravene those requirements.
(2) A person commits an offence if:
(a) the person is a manufacturer or importer of customer equipment or customer cabling; and
(b) the person engages in conduct; and
(c) the person's conduct contravenes a requirement referred to in subsection (1).
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 (1) 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 ).
(4) In this section:
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.