141Conditions on authorisations

#### 141 Conditions on authorisations (1) Subject to subregulations (1A) and (1B), an authorisation granted under this Subdivision is subject to the conditions that the holder: (a) keeps up‑to‑date records showing the amounts, if any, of refrigerant bought, recovered, sold and otherwise disposed of during each quarter; and (b) 14 days or less after receiving a request in writing by the relevant authority, sends to the authority copies of the records mentioned in paragraph (a); and (ba) does not engage in prohibited refrigerant charging; and (c) ensures that each item of the holder’s equipment that is necessary to prevent avoidable emissions of refrigerant is operating correctly; and (d) has, and maintains, equipment that is adequate for the holder’s activities, including 1 or more of each of the following: (i) leak detectors; (ii) vacuum pumps; (iii) recovery units; and (e) at least every quarter, checks any refrigerant container in the holder’s possession for leaks; and (f) puts into effect a risk management plan relating to the handling and storage of refrigerant in the holder’s business; and (g) ensures that any refrigerant in the holder’s possession is handled in accordance with each applicable standard set out in Table 135; and (h) for an RAC equipment manufacturing authorisation—ensures that any refrigerant in its possession is handled only: (i) by the holder of an appropriate licence granted under regulation 131, 133 or 134; or (ii) under the supervision of the holder of an appropriate licence granted under regulation 131 or 133; and (i) for a refrigerant trading authorisation—ensures that any refrigerant in the holder’s possession is handled only by: (i) the holder of an appropriate licence granted under regulation 131, 133 or 134; or (ii) if the refrigerant is handled on board an AMSA vessel—the holder of an AMSA certificate or the holder of an appropriate licence granted under regulation 131, 133 or 134; and (j) ensures that destruction of any refrigerant is carried out only by the operator of a refrigerant destruction facility; and (k) uses only refillable containers for storage of refrigerant; and (l) for a restricted refrigerant trading authorisation—ensures that any refrigerant in the holder’s possession is handled only by the holder of a licence granted under regulation 131, 133 or 134 that entitles the holder to handle the refrigerant in the way in which it is being handled; and (m) keeps records for each quarter that set out the following: (i) details of any checks, any maintenance and any other action undertaken for paragraphs (c), (d) and (e); (ii) for each licensee who handles refrigerant that is in the possession of the holder—the licensee’s name and the number allocated to the licensee’s licence by the relevant authority; (iii) the dates on which cylinders for the storage and transport of compressed gases were tested for paragraph (g); and (n) if requested by written notice from the relevant authority, sends to the authority, no more than 14 days after receiving the request, a copy of a report that contains the records for the previous quarter; and (o) for a refrigerant trading authorisation or a restricted refrigerant trading authorisation—includes the number allocated to the authorisation by the relevant authority on: (i) any advertising placed after 1 July 2009 for services the provision of which would not be permitted without the authorisation; and (ii) any invoices, receipts and quotes for work carried out under the authorisation. (1A) The relevant authority may, on application, determine that a condition mentioned in subregulation (1) does not apply to the authorisation. (1B) A determination has effect according to its terms. (2) It is also a condition of a refrigerant trading authorisation that the holder accepts any surrendered refrigerant or scheduled substance that appears to be intended for use in RAC equipment. (3) The relevant authority may specify that an authorisation is subject to a condition and must set out the condition on: (a) the authorisation document; or (b) a written notice given by the authority to the holder. (4) A notice for paragraph (3)(b) may be given at any time.