Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:140
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 140
Character Range: 113272–115615

140  Grant of authorisations
 (1) A relevant authority may, on application:
 (a) grant a refrigerant trading authorisation to a person, permitting the person to acquire, store or dispose of a refrigerant other than halon; or
 (b) grant an RAC equipment manufacturing authorisation to a corporation, permitting the corporation to acquire refrigerant other than halon for use in the manufacture of RAC equipment; or
 (c) grant a restricted refrigerant trading authorisation to a person, permitting the person to:
 (i) recover refrigerant from RAC equipment; and
 (ii) store the refrigerant; and
 (iii) dispose of the refrigerant by causing it to be given to the operator of a refrigerant destruction facility.
Note: Regulation 121 also applies to an application.
 (3) The authority must not grant an authorisation unless it is satisfied that:
 (a) the applicant has business premises that are equipped and operating so as to be able to handle, and prevent avoidable emissions of, a refrigerant; and
 (b) if the application is for a refrigerant trading authorisation—the applicant is able to ensure that a refrigerant is handled only by:
 (i) the holder of an appropriate licence granted under regulation 131, 133 or 134; or
 (ii) if the refrigerant is handled on board an AMSA vessel—the holder of an AMSA certificate or the holder of an appropriate licence granted under regulation 131, 133 or 134; and
 (c) if the application is for an RAC equipment manufacturing authorisation—the applicant is able to ensure that, at all times, persons engaged in a phase of manufacture that could result in the emission of a refrigerant are supervised by the holder of an appropriate licence granted under regulation 131 or 133; and
 (d) if the application is for a restricted refrigerant trading authorisation—the applicant is able to ensure that, at all times, persons engaged in removing refrigerant from RAC equipment hold a licence granted under regulation 131, 133 or 134 that entitles the holder to remove refrigerant from RAC equipment.
Note: An applicant who conducts business from a vehicle is eligible for an authorisation under paragraph (3)(a): see definition of premises in subsection 7(1) of the Act.
 (5) If the authority grants an authorisation to a person, it must give the person a document setting out the details of the authorisation.