Offence to fail to comply with duty in respect of equipment containing potential weeds
9B Offence to fail to comply with duty in respect of equipment containing potential weeds
A person commits an offence if:
the person intentionally hires from another person or buys any equipment, device or any other thing; and
the equipment, device or thing contains a potential weed and the person is reckless in relation to that circumstance; and
the person does not have a permit to use the potential weed for the conduct specified in paragraph (a).
Penalty: environmental offence level 3.
A person commits an offence if:
the person intentionally hires to another person or sells any equipment, device or any other thing; and
the equipment, device or thing contains a potential weed and the person is reckless in relation to that circumstance; and
the person does not have a permit to use the potential weed for the conduct specified in paragraph (a).
Penalty: environmental offence level 3.
Strict liability applies to subsections (1)(c) and (2)(c).
It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).
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