Document ID: chunk:federal_register_of_legislation:C2024C00823:section:178
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 178
Character Range: 421233–423253

178  Presumptions

Presumption relating to supply or offer to supply
 (1) For the purposes of subsections 170(1) and (2), 175(1) and (2) and 176(1) and (2), if:
 (a) at a particular time, a person (the first person) supplies, or offers to supply, equipment to another person; and
 (b) the equipment can be operated;
it must be presumed that the other person intends to operate the equipment, unless the first person adduces or points to evidence that suggests a reasonable possibility that, at that time, the other person did not intend to operate the equipment.

Presumptions relating to possession
 (2) For the purposes of subsections 175(4) and 176(4), if:
 (a) at a particular time, a person has equipment in the person's possession, otherwise than for the purpose of supplying the equipment to another person; and
 (b) the equipment can be operated;
it must be presumed that the person has the equipment in the person's possession for the purpose of operating the equipment, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the equipment in the person's possession for the purpose of operating the equipment.
 (3) For the purposes of subsections 175(4) and 176(4), if:
 (a) at a particular time, a person (the first person) has equipment in the person's possession for the purpose of supplying the equipment to another person; and
 (b) the equipment can be operated;
it must be presumed that the other person intends to operate the equipment, unless the first person adduces or points to evidence that suggests a reasonable possibility that, at that time, the other person did not intend to operate the equipment.

When equipment can be operated
 (4) For the purposes of paragraphs (1)(b), (2)(b) and (3)(b), it is immaterial whether the equipment can be operated:
 (a) immediately; or
 (b) after taking one or more steps (for example, the connection of the equipment to a power supply).

Subdivision D—Amnesty for banned equipment