Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 80W

             (1)  If:

                     (a)  the Director reasonably believes that a person may introduce or may have introduced a relevant industrial chemical during a particular registration year; and

                     (b)  the person is not or was not registered in relation to that registration year;

the Director may, by written notice, require the person to give the Director any information relating to the introduction during the period specified in the notice.

             (2)  The Director may, by written notice, require a registered person to give to the Director any information relating to the introduction by that person of relevant industrial chemicals during the period specified in the notice.

             (3)  A person must not refuse or fail to comply with a notice given to the person under this section.

Penalty:  30 penalty units

             (4)  Subsection (3) does not apply if the person has a reasonable excuse.

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

             (5)  For the purposes of an offence against subsection (3), strict liability applies to the physical element, that the person fails as mentioned in that subsection.

Note:          For strict liability , see section 6.1 of the Criminal Code .