Australian Capital Territory Current Regulations

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ENVIRONMENT PROTECTION REGULATION 2005 - REG 16

Release of 20 or more balloons prohibited

    (1)     A person commits an offence if—

        (a)     the person releases 20 or more balloons at or about the same time; and

        (b)     20 or more of the balloons are inflated with a gas that causes them to rise.

Maximum penalty: 10 penalty units.

Note     A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 189). This means an offence under this section also covers the offence of inciting the offence or conspiring to commit the offence.

    (2)     An offence against this section is a strict liability offence.

    (3)     In a prosecution for an offence against this section—

        (a)     it is not necessary for the prosecution to establish the exact number of balloons released; and

        (b)     evidence that a balloon rose after being released is, in the absence of any evidence to the contrary, evidence that the balloon was inflated with a gas that caused it to rise.

    (4)     This section is subject to the following sections:

        (a)     section 17 (Balloons—exception if balloons not outside);

        (b)     section 18 (Balloons—exception for hot-air balloons);

        (c)     section 19 (Balloons—exception for science).

Note     A person charged with an offence against s (1) has the evidential burden of proving anything mentioned in s 17, s 18 or s 19 (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code

, s 58).



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