116Effect of permit and compliance with conditions of permit

#### 116 Effect of permit and compliance with conditions of permit (1) If, while a permit in respect of an active constituent for a proposed or existing chemical product, or in respect of a chemical product, is in force: (a) a person to whom the permit applies who, in accordance with the conditions (if any) stated in the permit, does or omits to do any thing in respect of the constituent or product that the permit states may be done or omitted to be done; and (b) a provision of this Code or of an eligible law of this jurisdiction prohibits the doing of, or the omitting to do, that thing unless authorised by a permit; the person does not commit an offence against that provision. (2) The persons to whom a permit applies are: (a) if the permit states that it applies to persons generally—any person; or (b) otherwise—the person or each person named, or included in a class of persons stated, in the permit. (3) If a permit names a person or states a class of persons as mentioned in paragraph (2)(b), the permit also applies to: (a) any qualified employee of the person, or of a person in the class, acting in the course of his or her employment; and (b) if a person, or a person in the class, is a body corporate—any qualified person acting in his or her capacity as a director of the body corporate. (3A) A person to whom a permit applies must not contravene a condition of the permit. (3B) A person commits an offence if the person contravenes subsection (3A). Penalty: 300 penalty units. (3C) Subsection (3A) is a civil penalty provision. > Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions. (4) In this section: > qualified means qualified under another law of this jurisdiction in relation to the things authorised by the permit to be done or omitted to be done.