Document ID: chunk:federal_register_of_legislation:C2004A01211:clause:1_45b
Version: federal_register_of_legislation:C2004A01211
Segment Type: clause
Provision Reference: sch 1 cl 45B
Character Range: 13589–14968

45B  Discharge of scheduled substances

 (1) A person is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) the conduct occurs on or after the startup date; and
 (c) the conduct results in the discharge of a scheduled substance; and
 (d) the discharge occurs in circumstances where it is likely that the scheduled substance will enter the atmosphere; and
 (e) the discharge is not in accordance with the regulations.

Penalty: 100 penalty units.

 (2) Strict liability applies to subsection (1).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) Subsection (1) does not apply if the discharge occurs when a product containing a scheduled substance is being used for its designed purpose. If the product concerned is a halon fire extinguisher, then its use during a training exercise is treated as not being use for its designed purpose.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

 (4) In this section:

engage in conduct has the same meaning as in the Criminal Code.

scheduled substance does not include a scheduled substance in a manufactured product that consists in part of that substance only because the substance was used in the manufacturing process.

startup date means a date fixed by Proclamation for the purposes of this section.