340Supply of prohibited and restricted carcinogens

340 Supply of prohibited and restricted carcinogens

340 Supply of prohibited and restricted carcinogens

(1) The supplier of a prohibited carcinogen referred to in an item in Schedule 10, Table 10.1 must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that—

(a) the substance is to be used, handled or stored for genuine research or analysis, and

(b) either—

(i) the regulator has authorised the person to use, handle or store the substance under section 384, or

(ii) the regulator has granted an exemption under Part 11.2 to the person to use, handle or store the substance.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) The supplier of a restricted carcinogen referred to in an item in Schedule 10, Table 10.2, Column 2 must not supply the substance for a use referred to in Column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that—

(a) the regulator has authorised the person to use, handle or store the substance under section 384, or

(b) the regulator has granted an exemption to the person under Part 11.2 to use, handle or store the substance.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(3) A supplier under subsection (1) or (2) must keep a record of—

(a) the name of the person supplied, and

(b) the name and quantity of the substance supplied.

Maximum penalty—

(a) for an individual—15 penalty units, or

(b) for a body corporate—75 penalty units.

(4) The supplier must keep the record for 5 years after the substance was last supplied to the person.

Maximum penalty—

(a) for an individual—15 penalty units, or