Document ID: chunk:federal_register_of_legislation:F2024L00730:clause:2_11
Version: federal_register_of_legislation:F2024L00730
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 9503–10647

11  Subregulations 112(3) and (4)
Repeal the subregulations, substitute:
 (3) Subregulation (2) does not apply to a person if the person, as soon as practicable after becoming aware that the person possessed bulk refrigerant, gave it to:
 (a) the holder of a refrigerant trading authorisation; or
 (b) the operator of a refrigerant destruction facility; or
 (c) the holder of a special circumstances exemption that entitles the holder to acquire, possess or dispose of bulk refrigerant.
Note 1: 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.
Note 2: For guidance on locating holders of refrigerant trading authorisations, see www.dcceew.gov.au/environment/protection/ozone/rac.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subregulation (2).
Civil penalty: 60 penalty units.