(1) The operator of a facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds 10% of their threshold quantity must notify the regulator of this circumstance in accordance with this part.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2) Notification must be given—
(a) as soon as practicable (but not more than 3 months) after the operator becomes aware, or ought reasonably to have become aware, of the circumstance giving rise to the requirement to notify; or
(b) within any longer period that the regulator determines if satisfied on application by the operator that there is a reasonable excuse for the delayed notification.
Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see
title="A2002-51">Criminal Code, pt 3.4).