302Handling extinguishing agent

#### 302 Handling extinguishing agent (1) A person contravenes this subregulation if the person handles an extinguishing agent that is, or has been, for use in fire protection equipment and the person is not: (a) the holder of an extinguishing agent handling licence; or (b) both: (i) the holder of a special circumstances exemption; and (ii) entitled under the exemption to handle the extinguishing agent; or (c) both: (i) an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to handle the extinguishing agent; and (ii) a person that holds the relevant qualifications or has the relevant experience specified in the exemption. (1A) Subregulation (1) does not apply to a person if: (a) the fire protection equipment is or will be installed in an aircraft; and (b) the person handles the equipment for the purpose of installing or removing the equipment; and (c) the person: (i) is, under Part 66 of the Civil Aviation Safety Regulations 1998 (which is about aircraft engineer licences), a category A licence holder, a category B1 licence holder or a category B2 licence holder; and (ii) has achieved the unit of competency CPPFES2043A Prevent ozone depleting substance and synthetic greenhouse gas emissions. > Note: A person who wishes to rely on this subregulation bears an evidential burden in relation to the matter in this subregulation. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. (2) For subregulation (1), handle an extinguishing agent means to do anything with the extinguishing agent (other than use it to prevent, control or extinguish a fire, or suppress an explosion) that carries the risk of its emission, including: (a) decanting the extinguishing agent; or (b) installing or maintaining fire protection equipment; or (c) both: (i) the holder of a special circumstances exemption; and (ii) entitled under the exemption to acquire, possess or dispose of bulk extinguishing agent; or (ca) both: (i) an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to acquire, possess or dispose of bulk extinguishing agent; and (ii) a person that holds the relevant qualifications or has the relevant experience specified in the exemption; or Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subregulation (1). Civil penalty: 60 penalty units.