112Possessing or trading in refrigerant

#### 112 Possessing or trading in refrigerant (1) In this regulation: > bulk refrigerant means refrigerant other than halon, but does not include refrigerant that is contained in RAC equipment. (2) A person must not acquire, possess, or dispose of bulk refrigerant unless the person is: (a) the holder of a refrigerant trading authorisation or an RAC equipment manufacturing authorisation; or (b) the operator of a refrigerant destruction facility; or (c) approved to conduct a trial of a facility under regulation 115; or (d) both: (i) the holder of a special circumstances exemption; and (ii) entitled under the exemption to acquire, possess or dispose of bulk refrigerant; or (e) both: (i) an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to acquire, possess or dispose of bulk refrigerant; and (ii) a person that holds the relevant qualifications or has the relevant experience specified in the exemption. (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.