Document ID: chunk:federal_register_of_legislation:F2024L00730:clause:2_113a
Version: federal_register_of_legislation:F2024L00730
Segment Type: clause
Provision Reference: sch 2 cl 113A
Character Range: 11927–14306

113A  False representations
 (1) A person contravenes this subregulation if:
 (a) the person makes a representation that the person can provide a service that involves the acquisition, disposal, storage, use or handling of refrigerant; and
 (b) at the time of making the representation, the person does not hold an RAC industry permit that entitles the person to provide the service; and
 (c) at the time of making the representation, the person does not employ, or has not engaged, a person who holds a refrigerant handling licence for work of the kind that is necessary to provide the service.
 (2) Subregulation (1) does not apply to a person if:
 (a) both of the following apply:
 (i) at the time of making the representation, the person has entered into an agreement (however described) with someone else to provide the service;
 (ii) the agreement contains a provision to the effect that the service must be provided by the holder of an RAC industry permit that entitles the holder to provide the service; or
 (b) both of the following apply:
 (i) at the time of making the representation, the person is an employee or contractor of the holder of a special circumstances exemption;
 (ii) the representation made by the person is for an activity covered by the exemption.
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.
 (3) A person contravenes this subregulation if:
 (a) the person makes a representation that the person is the holder of a kind of RAC industry permit; and
 (b) at the time of making the representation, the person is not the holder of an RAC industry permit of that kind.
 (4) A person contravenes this subregulation if:
 (a) the person is employed to work on an AMSA vessel; and
 (b) the person makes a representation that the person holds an AMSA certificate; and
 (c) at the time of making the representation, the person does not hold an AMSA certificate.

Strict liability offence
 (5) A person commits an offence of strict liability if the person contravenes subregulation (1), (3) or (4).
Penalty: 50 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subregulation (1), (3) or (4).
Civil penalty: 60 penalty units.