Commonwealth Consolidated Acts

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 45B

Prohibition

  (1)   A person contravenes this subsection if:

  (a)   the person engages in conduct; and

  (b)   the conduct results in the discharge of a scheduled substance; and

  (c)   the discharge occurs in circumstances where it is likely that the scheduled substance will enter the atmosphere; and

  (d)   the discharge is not in accordance with regulations made for the purposes of this paragraph.

Exception

  (2)   Subsection   (1) does not apply if the discharge occurs as a result of using equipment, that contains a scheduled substance, for the purpose for which the equipment was designed.

Note:   A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection   13.3(3) of the Criminal Code and section   96 of the Regulatory Powers Act.

  (3)   For the purposes of subsection   (2), the use of a halon fire extinguisher during, or in connection with, a training exercise is taken not to be a use of the extinguisher for the purpose for which it was designed.

Fault - based offence

  (4)   A person commits an offence if the person contravenes subsection   (1).

Note:   The physical elements of an offence against this subsection are set out in subsection   (1) (see subsection   6B(3)).

Penalty:   300 penalty units.

Strict liability offence

  (5)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   60 penalty units.

Civil penalty provision

  (6)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   400 penalty units.