113Possessing halon

#### 113 Possessing halon (1) A person must not possess halon that is, or has been, for use in RAC equipment, unless the person is: (a) the holder of a halon special permit; 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 possess halon; or (e) both: (i) an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to possess halon; and (ii) a person that holds the relevant qualifications or has the relevant experience specified in the exemption. (2) Subregulation (1) does not apply to a person if the person: (a) in the case of a person who is the holder of an extinguishing agent trading authorisation—acquired the halon for transfer to an extinguishing agent destruction facility; or (b) as soon as practicable after becoming aware that the person possessed halon, gave it to: (i) the operator of a refrigerant destruction facility; or (ii) the holder of a special circumstances exemption that entitles the holder to possess halon. > Note: 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. 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.