87Chemical product to conform to standard

87 Chemical product to conform to standard

(1) This section applies to a chemical product if: (a) a standard is prescribed in respect of the product or in respect of a constituent contained in the product; and (b) the product is: (i) a listed chemical product; or (ii) prescribed for the purposes of this section. (2) A person must not supply the product, or cause or permit the product to be supplied, unless: (a) if a standard is prescribed in respect of the product—the product conforms to the standard; or (b) if a standard is prescribed in respect of a constituent contained in the product—the constituent contained in the product conforms to the standard. (3) Subsection (2) does not apply to the extent that the conduct is authorised by a permit.

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

(3A) A person commits an offence if the person contravenes subsection (2).

Penalty: 300 penalty units.

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

Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.

(5) Subsection (2) 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 matter in subsection (3), see section 145CD.