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Legislative Assembly for the ACT: 2004 Week 08 Hansard (Tuesday, 3 August 2004) . . Page.. 3384 ..

Maximum penalty: 10 penalty units.

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

(3) Subsection (1) does not apply if the person took all reasonable steps to prevent the contravention of section 13A or section 13B in relation to the advertising material.

(4) For this section, a person is concerned with the distribution of advertising material if the person commissions, authorises, arranges for or distributes the material.

13E Release  of balloons

(1) A person commits an offence if—

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

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

Maximum penalty: 10 penalty units.

(2) A person commits an offence if—

(c) the person causes or permits the release (whether by 1 or more than 1 person) of 20 or more balloons at or about the same time by 2 or more people; and

(d) knows that 20 or more of the balloons are inflated with a gas that causes them to rise in the air.

Maximum penalty: 10 penalty units.

(3) Subsections (1) and (2) do not apply if—

(e) the balloons are released inside a building or structure and do not make their way into the open air; or

(f) the balloons are hot-air balloons that are recovered after landing; or

(g) the balloons are released for scientific, including meteorological, purposes.

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

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

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

(i) 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.

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