39JOffences relating to record‑keeping requirements

39J Offences relating to record‑keeping requirements

Failure to keep a record in accordance with requirements (1) A person commits an offence if: (a) the person is a person to whom this Part applies; and (b) the person is required to keep records in relation to wine goods under subsections 39F(1) and (2); and (c) the person has not kept a record in accordance with subsection 39F(1) or (2), or section 39H, in relation to the wine goods.

Penalty: 2 years imprisonment.

Label claims not supported by records (2) A person commits an offence if: (a) the person is a person to whom this Part applies; and (b) the person is required to keep records in relation to wine goods under subsections 39F(1) and (2); and (c) the person makes a label claim in relation to the wine goods; and (d) either: (i) a record kept by the person under those subsections in relation to the wine goods conflicts with the label claim; or (ii) the records kept by the person under those subsections are inadequate to support the label claim.

Penalty: 2 years imprisonment.

Keeping a false or misleading record (3) A person commits an offence if: (a) the person is a person to whom this Part applies; and (b) the person is required to keep records under subsections 39F(1) and (2) in relation to wine goods; and (c) a record kept by the person under those subsections is false or misleading; and (d) the person knows the record is false or misleading.

Penalty: 2 years imprisonment.

(4) Subsection (3) does not apply if the record is not false or misleading in a material particular.

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