32JBCriminal offences for failing to comply with a notice etc.

32JB Criminal offences for failing to comply with a notice etc.

(1) A person commits an offence if: (a) the person is given a notice under section 32JA; and (aa) the person is covered by paragraph 32JA(1)(b) or (c); and (b) the person fails to comply with the notice.

Penalty: 500 penalty units.

Note: Failure to comply with the notice might also lead to suspension or cancellation of the entry of a biological in the Register (see Divisions 6 and 7).

(1A) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A): see subsection 13.3(3) of the Criminal Code.

(1B) A person commits an offence if: (a) the person is given a notice under section 32JA; and (b) the person is covered by paragraph 32JA(1)(b) or (c); and (c) the person fails to comply with the notice.

Penalty: 100 penalty units.

(1C) An offence against subsection (1B) is an offence of strict liability. (1D) Subsection (1B) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1D): see subsection 13.3(3) of the Criminal Code.

(2) A person commits an offence if: (a) the person is given a notice under section 32JA in relation to a biological; and (b) the person gives information or produces a document in compliance or purported compliance with the notice; and (c) the information or document is false or misleading in a material particular; and (d) either: (i) the use of the biological has resulted in, will result in, or is likely to result in, harm or injury to any person; or (ii) the use of the biological, if the biological were used, would result in, or would be likely to result in, harm or injury to any person.

Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.

Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (5) instead: see section 53A.

Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.

(5) A person commits an offence if: (a) the person is given a notice under section 32JA; and (b) the person gives information or produces a document in compliance or purported compliance with the notice; and (c) the information or document is false or misleading in a material particular.

Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.