(1) A person commits an offence if:
(a) the person intentionally sells, offers to sell or provides to another person a product or other thing; and
(b) the product or thing contains a declared weed and the person is reckless in relation to that circumstance.
Penalty: environmental offence level 3.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
Note for subsection (2)
The defendant has an evidential burden in relation to the matters in subsection (2) (see section 43BU of the Criminal Code).