89Certain statements prohibited

#### 89 Certain statements prohibited (1) A person must not do, or cause or permit to be done, any of the following: (a) publish or communicate any false or misleading information about a chemical product; (b) expressly or impliedly claim that the APVMA recommends the use of a chemical product; (c) expressly or impliedly claim that the APVMA guarantees, warrants or assures the safety or efficacy of a chemical product; (d) expressly or impliedly claim that the use of a chemical product is recommended: (i) by the Commonwealth, a State or a Territory; or (ii) by an authority of the Commonwealth, a State or a Territory; or (iii) by an officer or employee of, or of an authority of, the Commonwealth, a State or a Territory; (e) expressly or impliedly make a claim (however the claim is stated), without any qualification, or with a qualification that, in the APVMA’s opinion, is unjustified, to the effect that a chemical product is natural, organic, safe, harmless, non‑toxic, non‑poisonous, non‑injurious or environment‑friendly; (f) expressly or impliedly claim that a chemical product has particular qualities if those qualities are prescribed by the regulations for the purposes of this paragraph. (2) Paragraph (1)(d) does not apply: (a) to an officer or employee of, or of an authority of, the Commonwealth, a State or a Territory when, in the course of his or her employment as such an officer or employee, he or she expressly or impliedly claims that a chemical product is recommended; or (b) to a prescribed person when, in prescribed circumstances, the person expressly or impliedly claims that a chemical product is recommended. (3) Subsection (1) does not prevent a person from making statements about a chemical product in circumstances prescribed by the regulations or from reporting statements so made. (4) Paragraph (1)(b) or (c) does not apply in relation to a claim as to a recommendation, guarantee, warrant or assurance by the APVMA if a document issued to the public by the APVMA contains such a recommendation, guarantee, warrant or assurance and the APVMA did not, before the claim was made, publicly withdraw or revoke the recommendation, guarantee, warrant or assurance. (5) Paragraph (1)(d) does not apply in relation to a claim as to a recommendation by, or by an authority of, the Commonwealth, a State or a Territory, or by an officer or employee of the Commonwealth, a State, a Territory or such an authority, if a document issued to the public by the Commonwealth, the State, the Territory or the authority, as the case may be, contains such a recommendation and the Commonwealth, State, Territory or authority did not, before the claim was made, publicly withdraw or revoke the recommendation. (5A) A person commits an offence if the person contravenes subsection (1). Penalty: 50 penalty units. (6) Subsection (5A) does not apply if the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3) of the Criminal Code. (7) In paragraph (1)(f), strict liability applies to the physical element of circumstance, that the particular qualities concerned were prescribed by the regulations for the purposes of that paragraph. > Note: For strict liability, see section 6.1 of the Criminal Code. (8) Subsection (1) is a civil penalty provision. > Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.