7Sales of Schedule 3 apparatus—the Act, s 45(2A)

7 Sales of Schedule 3 apparatus—the Act, s 45(2A)

7 Sales of Schedule 3 apparatus—the Act, s 45(2A)

(1) A person (the supplier) must not supply a Schedule 3 apparatus to a person (the receiver) unless the receiver has provided the supplier with proof of the receiver’s identity and—

(a) payment for the supply is made through an account the receiver has with the supplier, or

(b) the receiver has provided the supplier with an end user declaration.

(2) A supplier who supplies a Schedule 3 apparatus to a receiver must record—

(a) the name and quantity of the Schedule 3 apparatus supplied, and

(b) the date of supply of the Schedule 3 apparatus from the supplier’s premises.

(3) A supplier must—

(a) make the following available for inspection during business hours on request by a police officer—

(i) each end user declaration provided to the supplier by a receiver,

(ii) each record made by the supplier, and

(b) keep each declaration and record for at least 2 years.

(4) In this section—

end user declaration means a document, completed by a receiver of a Schedule 3 apparatus, specifying the following—

(a) the name and address of the receiver,

(b) details of the receiver’s proof of identity provided to the supplier,

(c) the name and quantity of the Schedule 3 apparatus to be supplied,

(d) the intended use for the Schedule 3 apparatus.

Schedule 3 apparatus means an apparatus listed in Schedule 3.

Maximum penalty—

(a) for a corporation—100 penalty units for a first offence or 150 penalty units for a second or subsequent offence, or

(b) for an individual—30 penalty units for a first offence or 50 penalty units for a second or subsequent offence.