78Supply of chemical products that are not registered products or reserved products

#### 78 Supply of chemical products that are not registered products or reserved products (1) A person must not supply, or cause or permit to be supplied, a chemical product that is not a registered chemical product or a reserved chemical product unless: (a) the supply is authorised by a permit; or (b) the product is exempted by the APVMA from the operation of this section. (2A) A person commits an offence if the person contravenes subsection (1). Penalty: 300 penalty units. > Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(a) and (b). 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, when the chemical product was supplied, or caused or permitted to be supplied, as the case may be, the person did not know, and could not reasonably be expected to have known, that the product was not a registered chemical product or a reserved chemical product. > 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) and (b), see section 145CD.