Penalties

There are a number of penalties relating to breaches that mine site managers and employees should be aware of.

Unlawful discharge of refrigerant

It is an offence under section 45B(1) of the Act to act in a way that results in the unlawful discharge of refrigerants that are ozone depleting substances or synthetic greenhouse gases. A penalty of up to $66,600 for an individual or up to $333,000 for a corporation may apply.

Breaching permit conditions

It is an offence under regulation 136 for an RHL holder to breach a condition of their licence. A penalty of up to $2,200 may apply. It is an offence under regulation 142 for an RTA holder to breach a condition of their permit. A penalty of up to $2,200 may apply.

Effects of breaches on gaining future permits

Under regulation 122, an individual or corporation who is convicted of an offence under the Act or Regulations, or who has had a permit or licence cancelled, may be considered unfit to hold a refrigerant handling licence or refrigerant trading authorisation.

As a result, their permit or licence may be refused on reapplication or, in accordance with regulation 123, their permit or licence may be cancelled. The result of this will be that the business will not be able to purchase refrigerant, or work on systems that contain refrigerant.