17Marking product that is not certified

#### 17 Marking product that is not certified (1) A person contravenes this subsection if: (a) the person applies a mark to a product; and (b) the product is to be imported into, or supplied in, Australia; and (c) the product is an emissions‑controlled product; and (d) the rules require the product to be marked if the product is certified for the purposes of this Act; and (e) the mark indicates that the product is so certified; and (f) the product is not so certified. (2) For the purposes of paragraph (1)(f), a product is taken to be not certified if the certification of the product is suspended. Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 120 penalty units.