2AAAMeaning of prohibited refrigerant charging

#### 2AAA Meaning of prohibited refrigerant charging Scope of this regulation (1) This regulation applies in relation to equipment that is designed: (a) to be used for the heating or cooling of anything; and (b) to operate solely by using a particular refrigerant (the design refrigerant) other than an HCFC refrigerant. (2) For the purposes of paragraph (1)(b), equipment is taken to be designed to operate solely by using a particular refrigerant if: (a) the equipment has a compliance plate that specifies that particular refrigerant; or (b) both of the following subparagraphs apply: (i) a manual, issued by the manufacturer, that relates to the equipment states that the equipment is designed to operate solely by using that particular refrigerant; (ii) the equipment does not have a compliance plate that specifies any particular refrigerant. Meaning of prohibited refrigerant charging (3) A person engages in prohibited refrigerant charging if: (a) the person charges the equipment with a GWP refrigerant (the new refrigerant) other than the design refrigerant; and (b) either: (i) the design refrigerant is not a scheduled substance; or (ii) the design refrigerant is a GWP refrigerant and the new refrigerant has a higher 100‑year global warming potential than the design refrigerant; and (c) subregulation (4) does not apply. (4) This subregulation applies if: (a) the continued functioning of the equipment is essential for health or public safety purposes; and (b) no refrigerant that: (i) is not a GWP refrigerant; or (ii) is the design refrigerant; or (iii) has a 100‑year global warming potential equal to or lower than that of the design refrigerant; is available as an alternative to the new refrigerant to ensure the continued functioning of the equipment. Meaning of GWP refrigerant (5) A GWP refrigerant is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.