230

230 Reports to be given by suppliers

(1) A person (the supplier) who sells methyl bromide during a reporting period must, within 14 days after the end of the period, give the Minister a report that sets out: (a) the name and ABN (if any) of the supplier; and (b) in relation to each sale of methyl bromide made by the supplier in the period: (i) the date of sale; and (ii) the name and ABN (if any) of the buyer; and (iii) the amount of methyl bromide sold; and (iv) from the declaration made by the buyer for paragraph 220(1)(e)—how much of the methyl bromide was declared for QPS uses, for non‑QPS uses, for use as a feedstock and for laboratory and analytical uses.

Note 1: A reporting period is a period of 6 months starting on 1 January or 1 July—see section 7 of the Act.

Note 2: It is an offence to give false or misleading information to a Commonwealth entity—see section 137.1 of the Criminal Code.

(1A) Subregulation (1) does not apply to a sale of methyl bromide if the whole amount of methyl bromide sold is declared by the buyer for the purposes of paragraph 220(1)(e) to be for QPS uses.

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.

(1B) Without limiting subregulation (1), the supplier may comply with that subregulation by giving separate reports in relation to each half of the reporting period. Strict liability offence (2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Civil penalty provision (3) A person is liable to a civil penalty if the person contravenes subregulation (1).

Civil penalty: 60 penalty units.