Commonwealth Numbered Regulations

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 60 - SCHEDULE 1

(regulation 3)

[1] Subregulation 35 (3)

substitute

(3)

A person must not fail to comply with a notice given to the person under subregulation (1).

Penalty:
5 penalty units.

(3A)

It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(3B)

An offence under subregulation (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[2] Subregulation 46 (1)

substitute

(1) A person may supply a chemical product only if:

(a)

the container for the product has attached to it a label containing a batch number, in a form approved by the NRA, that enables the NRA to identify the batch of that chemical product from which the contents of the container were taken; or

(b)

the person makes a record, in respect of the supply, in accordance with subregulation (2).

Penalty:
10 penalty units.

[3] Subregulation 46 (3)

substitute

(3)

A person who makes a record under subregulation (2) must keep the record for 3 years after it is made.

Penalty:
10 penalty units.

(4)

It is a defence to a prosecution under subregulation (1) or (3) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(5) An offence under subregulation (1) or (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[4] Subregulation 47C (1)

substitute

(1) A person may supply a hormonal growth promotant only if:

(a)

a notification number has been assigned to the person for the premises from which the supply occurs; and

(b)

the notification number has not been withdrawn; and

(c)

the assignment of the notification number has not ceased to have effect.

Penalty:
10 penalty units.

(1A) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(1B) An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[5] Regulation 48

substitute

(1) A person may supply a hormonal growth promotant only if:
(a) the recipient gives to the supplier, at the time of acquisition, a declaration that:

(i)

is in a form approved by the NRA; and

(ii) states:

(A) the total quantity and type of the promotant acquired; and
(B) the batch number of the promotant; and
(C) the purchaser declaration number for the premises where animals proposed to be treated with the promotant are to be kept; and

(iii)

acknowledges that the recipient is aware that an animal treated with a hormonal growth promotant must be marked as an animal so treated, as required by the law of this jurisdiction (that is, by making in its ear an equilateral triangular hole 20 millimetres on each side); or

(b)

the recipient has been assigned a notification number that has not ceased to have effect and has not been withdrawn.

Penalty:
10 penalty units.

(2)

It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[6] Regulation 49

omit

Except with reasonable excuse, a person

insert

(1)

A person

[7] Regulation 49

insert

(2)

It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[8] Regulation 50

omit

A person

insert

(1)

A person

[9] Regulation 50

insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[10] Subregulation 51 (2)

omit

Except with reasonable excuse, when

insert

When

[11] After subregulation 51 (2)

insert

(3)

It is a defence to a prosecution under subregulation (2) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(4)

An offence under subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[12] Subregulation 53 (2)

substitute

(2)

A person must not fail to comply with subregulation (1).

Penalty:
10 penalty units.

(3) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(4)

An offence under subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[13] Subregulation 54 (3)

substitute

(3)

A person must not fail to comply with subregulation (1) or (2).

Penalty:
10 penalty units.

(4)

It is a defence to a prosecution under subregulation (1) or (2) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(5)

An offence under subregulation (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[14] Subregulation 69 (3)

substitute

(3)

A person must not disclose any information contained in a record made under subregulation (1) to a person who is not a member of the staff of the NRA.

Penalty:
10 penalty units.

(3A) It is a defence to a prosecution under subregulation (3) if the defendant:

(a)

has a reasonable excuse; or

(b)

has the permission in writing of the Minister or a person authorised under subregulation (4).

Note
A defendant bears an evidential burden in relation to the matters mentioned in this subregulation — see section 13.3 of the Criminal Code .

(3B)

An offence under subregulation (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .