Penalties for international law offences

Australia is a signatory to international conventions, and participates in trade agreements and export control regimes, for chemicals that pose severe risks to human health, the environment and security.

Under Industrial Chemicals (Notification and Assessment) Act 1989 it is an offence to import, manufacture or export industrial chemicals in contravention of an international agreement to which Australia is a party.

Strict liability means that fault (intention, knowledge, recklessness or negligence) does not need to be established to prove an offence. Strict liability is defined in the Criminal Code Act 1995 (Cth).

Offence under the Industrial Chemicals (Notification and Assessment) Act 1989

Guidance

Penalty units—for monetary value see
s4AA of the Crimes Act 1914 (Cth)

s100G

A person commits an offence if the person fails to comply with a request given to the person by the NICNAS Director to provide information or produce a document necessary to allow Australia to comply with its obligations under the Rotterdam Convention

The NICNAS Director's request will specify:

  • the information required
  • how it is to be provided
  • the final date by which the information must be provided; and
  • at least 14 days notice for information to be provided.
  • 60 for individuals
  • 300 for businesses

s106(5)

Strict liability offence

Introduction or export of chemical in contravention of a regulation relating to a chemical subject to a prescribed international agreement to which Australia is a party to; which provides for countries to ban, restrict or otherwise regulate the introduction or export of the chemical for the purposes of protecting the environment, public health or occupational health and safety.

You cannot introduce or export an industrial chemical subject to an international agreement in contravention of a regulation or direction by a country banning, restricting or otherwise regulating the introduction or export of that chemical.

  • 300 for individuals
  • 1500 for businesses

*

Last update 29 July 2018