96Only pyrotechnicians may sell or supply Type 2 or Type 3 fireworks &c.

96 Only pyrotechnicians may sell or supply Type 2 or Type 3 fireworks &c.

(1)  A person who is not a pyrotechnician must not sell or supply Type 2 fireworks or Type 3 fireworks to any other person.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A pyrotechnician must not sell or supply Type 2 fireworks except to –

(a) another pyrotechnician; or

(b) a person who is authorised under a fireworks display permit to use the Type 2 fireworks.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A pyrotechnician must not sell or supply Type 3 fireworks except to another pyrotechnician.

Penalty:  Fine not exceeding 50 penalty units.

(4)  It is a defence in proceedings for an offence under subregulation (2) or (3) if the defendant establishes that –

(a) the defendant carried out reasonable checks to ensure that the relevant sale or supply would not contravene that subregulation; and

(b) the checks were reasonable in the circumstances and not perfunctory; and

(c) the relevant sale or supply was made in the honest but mistaken belief that the purchaser or acquirer of the relevant fireworks was a pyrotechnician at the relevant time.

Note

The sale and supply of Type 1 fireworks (which are specified in Schedule 5 ) is unrestricted.