Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:111
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 111
Character Range: 81350–83175

111  Carrying out work in relation to RAC equipment
 (1) A person contravenes this subregulation if the person carries out work in relation to RAC equipment and the person is not:
 (a) both:
 (i) the holder of a refrigerant handling licence; and
 (ii) entitled under the licence to carry out the work; or
 (b) both:
 (i) engaged in a phase of the manufacture of RAC equipment; and
 (ii) supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to manufacture RAC equipment; or
 (c) both:
 (i) the holder of a special circumstances exemption; and
 (ii) entitled under the exemption to carry out the work; or
 (ca) both:
 (i) an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to carry out the work; and
 (ii) a person that holds the relevant qualifications or has the relevant experience specified in the exemption; or
 (d) both:
 (i) the holder of an AMSA certificate; and
 (ii) required to carry out the work on an AMSA vessel as part of his or her duties on the vessel.
 (2) For subregulation (1), carries out work in relation to RAC equipment means doing anything with a refrigerant, or a component of RAC equipment, that involves a risk of refrigerant being emitted, including:
 (a) decanting the refrigerant; and
 (b) manufacturing, installing, commissioning, servicing and maintaining RAC equipment, whether or not refrigerant is present; and
 (c) decommissioning RAC equipment in which refrigerant is present.

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.