Conditions of holding a Refrigerant Trading Authorisation

The conditions for holding a Refrigerant Trading Authorisation are laid out in the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the regulations), under Regulation 141. The regulations are as follows:

Conditions on authorisations

1. Subject to subregulations (1A) and (1B), an authorisation granted under this Subdivision is subject to the conditions that the holder:
   1. keeps up to date records showing the amounts, if any, of refrigerant bought, recovered, sold and otherwise disposed of during each quarter; and
   2. 14 days or less after receiving a request in writing by the relevant authority, sends to the authority copies of the records mentioned in paragraph (a); and 
      ba. does not engage in prohibited refrigerant charging; and
   3. ensures that each item of the holder’s equipment that is necessary to prevent avoidable emissions of refrigerant is operating correctly; and
   4. has, and maintains, equipment that is adequate for the holder’s activities, including 1 or more of each of the following:
      1. leak detectors;
      2. vacuum pumps;
      3. recovery units; and
   5. at least every quarter, checks any refrigerant container in the holder’s possession for leaks; and
   6. puts into effect a risk management plan relating to the handling and storage of refrigerant in the holder’s business; and
   7. ensures that any refrigerant in the holder’s possession is handled in accordance with each applicable standard set out in Table 135; and
   8. for an RAC equipment manufacturing authorisation — ensures that any refrigerant in its possession is handled only:
      1. by the holder of an appropriate licence granted under regulation 131, 133 or 134; or
      2. under the supervision of the holder of an appropriate licence granted under regulation 131 or 133; and
   9. for a refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by:
      1. the holder of an appropriate licence granted under regulation 131, 133 or 134; or
      2. if the refrigerant is handled on board an AMSA vessel — the holder of an AMSA certificate or the holder of an appropriate licence granted under regulation 131, 133 or 134; and
   10. ensures that destruction of any refrigerant is carried out only by the operator of a refrigerant destruction facility; and
   11. uses only refillable containers for storage of refrigerant; and
   12. for a restricted refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by the holder of a licence granted under regulation 131, 133 or 134 that entitles the holder to handle the refrigerant in the way in which it is being handled; and
   13. keeps records for each quarter that set out the following:
       1. details of any checks, any maintenance and any other action undertaken for paragraphs (c), (d) and (e);
       2. for each licensee who handles refrigerant that is in the possession of the holder — the licensee’s name and the number allocated to the licensee’s licence by the relevant authority;
       3. the dates on which cylinders for the storage and transport of compressed gases were tested for paragraph (g); and
   14. if requested by written notice from the relevant authority, sends to the authority, no more than 14 days after receiving the request, a copy of a report that contains the records for the previous quarter; and
   15. for a refrigerant trading authorisation or a restricted refrigerant trading authorisation — includes the number allocated to the authorisation by the relevant authority on:
       1. any advertising placed after 1 July 2009 for services the provision of which would not be permitted without the authorisation; and
       2. any invoices, receipts and quotes for work carried out under the authorisation.

   Note: A number of terms included in these Regulations are defined in the Act, including quarter.

2. It is also a condition of a refrigerant trading authorisation that the holder accepts any surrendered refrigerant or scheduled substance that appears to be intended for use in RAC equipment.