303Possessing or trading in extinguishing agent

#### 303 Possessing or trading in extinguishing agent (1) In this regulation: > bulk extinguishing agent means an extinguishing agent, other than halon, that is, or has been, for use in fire protection equipment, but does not include an agent that is contained in fire protection equipment. (2) A person must not acquire, possess, or dispose of bulk extinguishing agent unless the person is: (a) the operator of an approved extinguishing agent destruction facility; or (b) the holder of an extinguishing agent trading authorisation; or (c) the holder of a special circumstances exemption that is appropriate for the acquisition, possession or disposition of the agent; or (d) the officer in charge of a fire station; or (e) approved to conduct a trial of a facility under regulation 307. (3) Subregulation (2) does not apply to a person if, as soon as practicable after becoming aware that the person possessed bulk extinguishing agent, the person gave it to: (a) the operator of an approved extinguishing agent destruction facility; or (b) the holder of an extinguishing agent trading authorisation; or (c) the officer in charge of a fire station; or (d) the holder of a special circumstances exemption that entitles the holder to acquire, possess or dispose of bulk extinguishing agent. > 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. Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subregulation (2). Penalty: 50 penalty units. Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subregulation (2). Civil penalty: 60 penalty units.