86Labels not to be detached etc.

#### 86 Labels not to be detached etc. (1) A person contravenes this subsection if: (a) either: (i) a label attached to a container of a chemical product contains any relevant particular identical to any relevant particular contained on an approved label for containers for the product; or (ii) a label attached to a container of a chemical product contains any relevant particular identical to any matter required by an established standard for the product to be included on a label for containers for the product; and (b) the person: (i) detaches or otherwise removes the label; or (ii) alters, defaces, obliterates or destroys the relevant particular; or (iii) attaches another label to, or endorses anything upon, the container that in either case has the effect of expressly or impliedly negating, varying, or in any way detracting from, qualifying or minimising the purport or effect of, the relevant particular. (1A) A person commits an offence if the person contravenes subsection (1). Penalty: 300 penalty units. (2) A person contravenes this subsection if: (a) either: (i) a label attached to a container of a chemical product contains any relevant particular identical to any relevant particular contained on an approved label for containers for the product; or (ii) a label attached to a container of a chemical product contains any relevant particular identical to any matter required by an established standard for the product to be included on a label for containers for the product; and (b) the person causes or permits: (i) the label to be detached or otherwise removed; or (ii) the relevant particular contained on the label to be altered, defaced, obliterated or destroyed; or (iii) another label to be attached to the container that has the effect of expressly or impliedly negating, varying, or in any way detracting from, qualifying or minimising the purport or effect of, the relevant particular; or (iv) anything to be endorsed upon the container that has the effect of expressly or impliedly negating, varying, or in any way detracting from, qualifying or minimising the purport or effect of, the relevant particular. (2A) A person commits an offence if the person contravenes subsection (2). Penalty: 300 penalty units. (3) Subparagraphs (1)(b)(ii) and (2)(b)(ii) do not apply to an alteration, defacing, obliteration or destruction of a relevant particular that is done by the destruction or disposal of the chemical product without otherwise contravening this Code. (3A) Subsections (1) and (2) do not apply: (a) if a person acts in accordance with a direction given to the person under: (i) subsection 131A(1) or 132A(1) of this Code; or (ii) subsection 69EAC(1) or 69EBA(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992; or (b) to the extent that the person is authorised by a permit to engage in the conduct concerned. (4) Subsections (1A) and (2A) do not apply if the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matters in subsections (3), (3A) and (4). See subsection 13.3(3) of the Criminal Code. (5) Subsections (1) and (2) are civil penalty provisions. > 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 subsections (3) and (3A), see section 145CD.