97Who may purchase or acquire Type 2 or Type 3 fireworks

97 Who may purchase or acquire Type 2 or Type 3 fireworks

(1)  A person who is not a pyrotechnician must not purchase or acquire Type 3 fireworks.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not purchase or acquire Type 2 fireworks unless the person –

(a) is a pyrotechnician; or

(b) 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 purchase or acquire Type 2 fireworks or Type 3 fireworks except from –

(a) another pyrotechnician; or

(b) a person who, under a corresponding law, is authorised to export Type 2 fireworks or Type 3 fireworks to Tasmania.

Penalty:  Fine not exceeding 50 penalty units.

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

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

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

(c) the relevant purchase or acquisition was made in the honest but mistaken belief that the person from whom the relevant fireworks were purchased or acquired was a pyrotechnician at the relevant time.

Note

As Type 1 fireworks are exempt explosives, the purchase and acquisition of such fireworks (which are specified in Schedule 5 ) is unrestricted.