40Sale and hiring of things

40 Sale and hiring of things (a) the person sells a thing; and (b) the sale is the first retail sale of the thing; and (c) the sale would, if it took place in NSW, be prohibited under the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time. A person sells, as a first retail sale, an air conditioner without a noise compliance plate. If the NSW Act prohibits its sale without a noise compliance plate, the person commits an offence under this regulation. Note 1 The Protection of the Environment Operations Act 1997 (NSW), s 136 creates an offence of selling an article of a class prescribed under the regulations if, when in use or operation, the article emits noise in excess of a prescribed level. Note 2 The Protection of the Environment Operations Act 1997 (NSW) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B).

(a) the person hires out a thing; and (b) a sale of the thing would, if it took place in NSW, be prohibited by the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time.

Environmental values Division 4.1