74Possession or custody of unapproved active constituents with the intention of supply

#### 74 Possession or custody of unapproved active constituents with the intention of supply (1) A person must not at any time (the relevant time) have in the person’s possession or custody with the intention of supply a substance that is likely to be used as an active constituent for a chemical product unless: (a) the substance is an approved active constituent for a proposed or existing chemical product; or (b) the substance is exempted by the APVMA from the operation of this section; or (c) the possession or custody is authorised by a permit. (2A) A person commits an offence if the person contravenes subsection (1). Penalty: 200 penalty units. > Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(a) to (c). See subsection 13.3(3) of the Criminal Code. (3) It is a defence to a prosecution of a person for an offence against subsection (2A) if the person proves that at the relevant time the person did not know, and could not reasonably be expected to have known, that the substance was not an approved active constituent. > Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code. (3A) Subsection (1) is a civil penalty provision. > Note 1: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions. > Note 2: For the evidential burden in civil penalty proceedings in relation to the matters in paragraphs (1)(a) to (c), see section 145CD.