(1)  A person who is not a pyrotechnician must not sell or supply Type 2 fireworks or Type 3 fireworks to any other person.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A pyrotechnician must not sell or supply Type 3 fireworks except to another pyrotechnician.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In proceedings for an offence under subregulation (2) , it is a defence if the defendant establishes that –

(a) the defendant carried out reasonable checks to ensure that the relevant sale or supply would not contravene that subregulation; and

(b) the checks were reasonable in the circumstances, and not perfunctory; and

(c) the relevant sale or supply was made under an honest but mistaken belief that the purchaser or acquirer of the relevant fireworks was a pyrotechnician at the relevant time.

Note: The sale and supply of Type 1 fireworks (which are specified in Schedule 5 ) is unrestricted.