52DOffence—contravention of IChEMS scheduling decision

52D Offence—contravention of IChEMS scheduling decision (a) the person engages in conduct; and (b) the conduct contravenes an IChEMS scheduling decision mentioned in section 52C (other than a risk management measure applying the IChEMS Minimum Standards). Maximum penalty: (a) if the IChEMS scheduling decision is in the IChEMS register, schedule 1, 2 or 3—5 penalty units; or (b) if the IChEMS scheduling decision is in the IChEMS register, schedule 4 or 5—10 penalty units; or (c) if the IChEMS scheduling decision is in the IChEMS register, schedule 6 or 7—20 penalty units. Note Conduct includes acts and omissions (see Act, dict). (2) An exception provided in an IChEMS scheduling decision is taken to be an exception to an offence against this section. Example—exception provided in IChEMS scheduling decision an exception to a prohibition on the end use for an industrial chemical that allows its end use for a particular purpose (3) This section does not apply to an industrial chemical, or an article or product containing an industrial chemical, if— (a) for an IChEMS scheduling decision that applies to the manufacture of the chemical, article or product—the chemical, article or product was manufactured for purposes that do not include an industrial use by any person; or (b) for an IChEMS scheduling decision that applies to the use (including end use) of the chemical, article or product—the use by the person was not an industrial use; or

(c) in any case— (i) the chemical, article or product was manufactured for purposes that do not include an industrial use by any person; and (ii) no use (including end use) by any person of the chemical, article or product was an industrial use. mentioned in s (2) and s (3) (see Criminal Code, s 58).