304Possessing halon

#### 304 Possessing halon (1) A person must not possess halon that is, or has been, for use in fire protection equipment unless: (a) subregulation (4) applies to the equipment; or (b) the halon is for use in fire protection equipment and the person is the holder of a halon special permit; or (c) the person is: (i) the holder of a special circumstances exemption; and (ii) entitled under the exemption to possess halon; or (ca) the person is: (i) an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to possess halon; and (ii) a person that holds the relevant qualifications or has the relevant experience specified in the exemption; or (d) the person is the operator of an approved extinguishing agent destruction facility; or (e) the person is approved to conduct a trial of a facility under regulation 307. (2) Subregulation (1) does not apply to a person if the person: (a) in the case of a person who is the officer in charge of a fire station or the holder of an extinguishing agent trading authorisation—acquired the halon for transfer to an approved extinguishing agent destruction facility; or (b) as soon as practicable after becoming aware that the person possessed halon, gave it to: (i) the officer in charge of a fire station; or (ii) the holder of an extinguishing agent trading authorisation; or (iii) the operator of an approved extinguishing agent destruction facility; or (iv) the holder of a special circumstances exemption that entitles the holder to possess halon. > 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. (4) This subregulation applies to: (a) equipment that is used by the Defence Force in: (i) a Collins Class submarine; or (ii) an armoured fighting vehicle; or (b) equipment (other than a portable fire extinguisher) that is used by the Defence Force in: (i) an FFG7 Class destroyer; or (ii) an ANZAC Class frigate; or (c) equipment that is installed in, or carried in, an aircraft; or (d) equipment that is installed in an enclosed space containing machinery, including the pump room, of a vessel: (i) of more than 500 tonnes dead weight; or (ii) that is entered in the Australian Register of Ships established under the Shipping Registration Act 1981. > Note: If halon ceases to be essential for use with a particular item of equipment mentioned in subregulation (4), the subregulation will be amended to omit the item. Strict liability offence (5) A person commits an offence of strict liability if the person contravenes subregulation (1). Penalty: 50 penalty units. Civil penalty provision (6) A person is liable to a civil penalty if the person contravenes subregulation (1). Civil penalty: 60 penalty units.