Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_11
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 11
Character Range: 13207–14890

11  Prohibition – possession and general standards
 (1) A person must not possess a device that does not comply with each general standard that is prescribed for it, if the possession is for the purpose of operation.
 (2) For the purposes of subsection (1), if:
 (a) at a particular time, a person has a device in the person's possession, otherwise than for the purpose of supplying the device to another person; and
 (b) the device can be operated;
  it must be presumed that the person has the device in the person's possession for the purpose of operating the device, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the device in the person's possession for the purpose of operating the device.
 (3) For the purposes of subsection (2), it is immaterial whether the device can be operated:
 (a) immediately; or
 (b) after taking one or more steps (for example, the connection of the device to a power supply).
 (4) A reference in this section to a person having a device in the person's possession includes a reference to the person having it under control in any place whatever, whether for the use or benefit of that person or another person, and although another person has the physical possession or custody of it.
 (5) Subsection (1) does not apply where:
 (a) a person holds a permit that authorises the person to possess a device; and
 (b) the permit specifies a general standard; and
 (c) the person possesses a device that does not comply with the general standard; and
 (d) the possession occurs in accordance with the permit.
 (6) Subsection (1) does not apply if an exemption applies.