447False or misleading statements about authority to supply

447 False or misleading statements about authority to supply security sensitive substances (1) A person commits an offence if— (a) the person makes a statement (whether orally, in a document or in any other way); and (b) the statement is about— (i) the supply or possible supply of a security sensitive substance; or (ii) the promotion in any way of the supply or use of a security sensitive substance; and (c) the statement is about the availability of the security sensitive substance to members of the public; and (d) the statement is false or misleading; and (e) the person is reckless about whether the statement— (i) is false or misleading; or (ii) omits anything without which the statement is false or misleading; and Advertising supply of security sensitive substances Division 4.8.2 Section 447 (f) the statement is made in the course of trade or commerce. (2) Absolute liability applies to subsection (1) (f). (3) Subsection (1) (d) and (e) (i) do not apply if the statement is not false or misleading in a material particular. (4) Subsection (1) (d) and (e) (ii) do not apply if the omission does not make the statement misleading in a material particular. Section 448 page 44 Dangerous Substances (General) Regulation 2004 Part 4.9 Using security sensitive 448 Meaning of user licence—ch 4 user licence means a licence issued for this part authorising the use of a security sensitive substance. Note Licences are issued under the Act (see Act, dict, def licence). 449 Application of pt 4.9 (1) This part applies to the use of security sensitive substances. (2) However, this part does not apply to the use of a security sensitive substance by an inspector or police officer exercising a function under the Act. 450 Authority to use security sensitive substances A person is authorised to use a security sensitive substance if the person— (a) holds a user licence for the use of the substance; or (b) is an individual engaged (as an employee or contractor) to use the substance under the direct supervision of a person who holds a user licence. Note 2 A person who uses a security sensitive substance without a licence may commit an offence against the Act, pt 5.1. Using security sensitive substances Part 4.9 Section 451