Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:232
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 232
Character Range: 146989–149220

232  Reports of use in emergency situations
 (1) A person who is granted an emergency permit must, within 14 days after the time applicable under subregulation (1A), give the Minister a report relating to the use of methyl bromide under the emergency permit that:
 (a) is in an approved form; and
 (b) sets out the information mentioned in subregulation (2); and
 (c) is signed by the permit holder and by any contractor who carried out a fumigation under the emergency permit.
Note: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).
 (1A) The time is the earlier of the following:
 (a) the end of period specified in the permit during which methyl bromide may be used under the permit;
 (b) the time of the use of methyl bromide that exhausts the amount of methyl bromide that may be used under the permit.
 (2) For the purposes of paragraph (1)(b), the information is:
 (a) the name, address and ABN (if any) of the permit holder; and
 (b) in relation to each occasion on which methyl bromide is used (the emergency fumigation) by, or on behalf of, the permit holder in accordance with the emergency permit:
 (i) the date of the emergency fumigation; and
 (ii) the amount of methyl bromide used; and
 (iii) the kind of produce for which, or to which, the methyl bromide was applied; and
 (iv) the application rate at which the methyl bromide was applied; and
 (v) information relating to the size of the area fumigated, the volume of the space fumigated or the amount of produce for which, or to which, the methyl bromide is applied; and
 (vi) if the emergency fumigation was carried out by a contractor—the name, address, telephone number and ABN (if any) of the contractor.
Note: An emergency permit holder must also comply with any reporting requirements that are a condition of the emergency permit: see paragraph 212(2)(b).

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.