215Supplying methyl bromide for use as a feedstock

215 Supplying methyl bromide for use as a feedstock

(1) A person (the supplier), other than a licensee covered by subregulation (3), 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 use as a feedstock; and (c) a requirement covered by subregulation (2) is not satisfied in relation to the sale. (2) This subregulation covers the following requirements: (a) the buyer must hold a feedstock permit for the year, or be acting on behalf of such a permit holder; (b) the supplier must: (i) be a nominated feedstock supplier for the permit holder; and (ii) ensure that the total amount of methyl bromide sold during the year by the supplier to the permit holder for use as a feedstock is equal to or less than the amount that the permit holder is permitted, under the permit, to buy during the year. (3) 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 use as a feedstock 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 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subregulation (1).

Civil penalty: 60 penalty units.