CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 77 Production etc. of Scheduled chemicals otherwise than in accordance with permit

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 77

  (1)   A person commits an offence if:

  (a)   the person is required under section   16 to have a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule   1 chemicals at that facility, or the transfer of Schedule   1 chemicals from that facility; and

  (b)   the person produces, acquires, retains or uses Schedule   1 chemicals at that facility, or transfers Schedule   1 chemicals from that facility; and

  (c)   that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty:   Imprisonment for 5 years or 500 penalty units, or both.

  (2)   A person commits an offence if:

  (a)   the person is required under section   16 to have a permit to operate a facility so far as concerns the production, processing or consumption of Schedule   2 chemicals at that facility; and

  (b)   the person produces, processes or consumes Schedule   2 chemicals at that facility; and

  (c)   that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty:   Imprisonment for 2 years or 250 penalty units, or both.

  (3)   A person commits an offence if:

  (a)   the person is required under section   16 to have a permit to operate a facility so far as concerns the production of particular Schedule   3 chemicals at that facility; and

  (b)   the person produces that chemical at that facility; and

  (c)   that conduct is engaged in without, or otherwise than in accordance with, such a permit.

Penalty:   250 penalty units.

  (4)   A person commits an offence if:

  (a)   the person fails to do an act; and

  (b)   the failure to do the act causes a contravention of section   28.

Penalty:   100 penalty units.

  (5)   Subsection   ( 4) does not apply if the person has a reasonable excuse.

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