77Production etc. of Scheduled chemicals otherwise than in accordance with permit

77 Production etc. of Scheduled chemicals otherwise than in accordance with permit

(1) A person commits an offence if: (a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at that facility, or the transfer of Schedule 1 chemicals from that facility; and (b) the person produces, acquires, retains or uses Schedule 1 chemicals at that facility, or transfers Schedule 1 chemicals from that facility; and (c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty: Imprisonment for 5 years or 500 penalty units, or both.

(2) A person commits an offence if: (a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production, processing or consumption of Schedule 2 chemicals at that facility; and (b) the person produces, processes or consumes Schedule 2 chemicals at that facility; and (c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty: Imprisonment for 2 years or 250 penalty units, or both.

(3) A person commits an offence if: (a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production of particular Schedule 3 chemicals at that facility; and (b) the person produces that chemical at that facility; and (c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty: 250 penalty units.

(4) A person commits an offence if: (a) the person fails to do an act; and (b) the failure to do the act causes a contravention of section 28.

Penalty: 100 penalty units.

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

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