Document ID: chunk:federal_register_of_legislation:F2024L00730:clause:2_14
Version: federal_register_of_legislation:F2024L00730
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 10785–11871

14  Subregulations 113(2) and (3)
Repeal the subregulations, substitute:
 (2) Subregulation (1) does not apply to a person if the person:
 (a) in the case of a person who is the holder of an extinguishing agent trading authorisation—acquired the halon for transfer to an extinguishing agent destruction facility; or
 (b) as soon as practicable after becoming aware that the person possessed halon, gave it to:
 (i) the operator of a refrigerant destruction facility; or
 (ii) the holder of a special circumstances exemption that entitles the holder to possess halon.
Note: A person who wishes to rely on this subregulation bears an evidential burden in relation to the matter in this subregulation. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subregulation (1).
Civil penalty: 60 penalty units.