17APVMA may require information about disposals of chemical products

17 APVMA may require information about disposals of chemical products

(1) If it appears to the APVMA that levy may be payable in respect of a chemical product for a calendar year, the APVMA may, not earlier than the end of the calendar year, give written notice to any one or more of the following: (a) the person, or any of the persons, by whom any such levy would be payable; (b) if the product is an imported product and the person referred to in paragraph (a) is not, or none of the persons referred to in that paragraph is, the importer—the importer; (c) if the product is an Australian product and the person referred to in paragraph (a) is not, or none of the persons referred to in that paragraph is, the manufacturer—the manufacturer; requiring the person to whom the notice is given to give to the APVMA, within a period stated in the notice that is not less than one month after the notice is given, any information relating to the importation, manufacturer or disposal of the product during the calendar year that is necessary to work out the total leviable value in respect of the product for the calendar year. (2) A person must not refuse or fail to comply with a requirement made under subsection (1).

Penalty: 30 penalty units.

(3) Subsection (2) does not apply if the person has a reasonable excuse.

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

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

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