(1) A person commits an offence if the person uses a declared termiticide as a pre-construction termiticide product.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the person holds—
(a) a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or
(b) a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code
, s 58).
(4) For subsection (1), a person uses a declared termiticide as a pre-construction termiticide product if the person uses the declared termiticide to install a chemical soil barrier to impede and discourage the concealed entry of termites into a structure before construction of the structure is completed.