Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:213:p1
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 213 (pt 1/2)
Character Range: 131897–134467

213  Supplying methyl bromide for non‑QPS uses
 (1) A person (the supplier), other than a licensee covered by subregulation (6), contravenes this subregulation if:
 (a) the supplier sells methyl bromide to a buyer during a year; and
 (b) the buyer states, in a declaration for paragraph 220(1)(e), that the methyl bromide is for a non‑QPS use; and
 (c) subregulation (2), (3) or (4) of this regulation is not satisfied in relation to the sale.
 (2) The buyer must:
 (a) hold a non‑QPS permit for the year, or be acting on behalf of such a permit holder; or
 (b) be a nominated non‑QPS supplier for a non‑QPS permit holder for the year.
 (3) If the buyer holds a non‑QPS permit for the year, or is acting on behalf of such a permit holder:
 (a) the supplier must be a nominated non‑QPS supplier for the permit holder; and
 (b) the supplier must ensure that the total amount of methyl bromide sold during the year by the supplier to the permit holder for non‑QPS uses is equal to, or less than, the permit holder's allocated amount for the year.
 (4) If the buyer is a nominated non‑QPS supplier for a non‑QPS permit holder for the year, the supplier mentioned in subregulation (1) (the first supplier) must ensure that the total amount of methyl bromide sold during the year by the first supplier to the buyer for non‑QPS uses is equal to, or less than, the total of the allocated amounts for the year for all non‑QPS permit holders in relation to whom the buyer is a nominated non‑QPS supplier.
 (5) To avoid doubt, if a buyer is a non‑QPS permit holder for a year and also a nominated non‑QPS supplier for any other such permit holder, the amount of methyl bromide that the first supplier may sell to the buyer during the year for non‑QPS uses is equal to, or less than, the sum of the total amounts mentioned in subregulations (3) and (4).
 (6) A licensee is covered by this subregulation if:
 (a) the licensee holds a controlled substances licence; and
 (b) the licence allows the licensee to import methyl bromide; and
 (c) the licence is subject to a condition to the effect that methyl bromide imported for non‑QPS uses may only be supplied to a person, or persons, specified in the licence.
Note: A licensee must not contravene a condition of the licence—see section 18 of the Act.

Strict liability offence
 (7) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Civil penalty provision
 (8) A person is liable to a civil penalty if the person contravenes subregulation (1).
Civil penalty: 60