sch-sec.12Defences to offences regarding sale

### sch-sec.12 Defences to offences regarding sale It is a defence to a prosecution for an offence against a law of the second State in relation to the sale of any goods if the defendant expressly claims that the mutual recognition principle applies and establishes that— the goods were labelled at the point of sale with a statement to the effect that the goods were produced in or imported into the first State; and the defendant had no reasonable grounds for suspecting that they were not so produced or imported. The defence is not available if the prosecution proves that the mutual recognition principle did not apply in the circumstances of the alleged offence (because for example the goods did not comply with requirements imposed by the law of the first State). Any relevant presumptions or evidentiary procedures under the law of the first State are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2) . Any relevant defences under the law of the first State are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2) . This section does not affect any defence that is available apart from this section. (sch-sec.12-ssec.1) It is a defence to a prosecution for an offence against a law of the second State in relation to the sale of any goods if the defendant expressly claims that the mutual recognition principle applies and establishes that— the goods were labelled at the point of sale with a statement to the effect that the goods were produced in or imported into the first State; and the defendant had no reasonable grounds for suspecting that they were not so produced or imported. (sch-sec.12-ssec.2) The defence is not available if the prosecution proves that the mutual recognition principle did not apply in the circumstances of the alleged offence (because for example the goods did not comply with requirements imposed by the law of the first State). (sch-sec.12-ssec.3) Any relevant presumptions or evidentiary procedures under the law of the first State are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2) . (sch-sec.12-ssec.4) Any relevant defences under the law of the first State are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2) . (sch-sec.12-ssec.5) This section does not affect any defence that is available apart from this section. - (a) the goods were labelled at the point of sale with a statement to the effect that the goods were produced in or imported into the first State; and - (b) the defendant had no reasonable grounds for suspecting that they were not so produced or imported.