Suspension and cancellations of RTAs

The Department of the Environment and Energy (DoEE) is currently considering the suspension or cancellation of a number of Refrigerant Trading Authorisations (RTA) referred for compliance action by the Australian Refrigeration Council (ARC).

Holders of RTAs that have been subject to a permit condition check (audit) by the ARC will understand the importance of resolving any non-compliance issues as soon as possible. Failure to do so can result in a referral to the DoEE for escalated compliance action. This can include a site inspection of your business premises and records by authorised inspectors under the ,Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. Compliance actions can also include official warnings, suspension/cancellation of licences, injunctions and in some cases prosecution. Since 1 July 2016, more than 130 RTA holders have been referred to the DoEE for compliance action. Approximately 20 of these have failed to rectify their compliance issues and are now being considered for RTA suspension/ cancellation. Suspension or cancellation of an RTA can have a big impact on your ability to do business:

  • You would no longer be permitted to acquire, possess or dispose of bulk refrigerant. Continuing to do so during a period of suspension or after cancellation of a permit is a criminal offence.
  • Your application for new or renewed licences or permits may be refused.
  • You may be subject to additional compliance monitoring requirements, if a RTA is granted in future.
In order to avoid suspension of your RTA, keep your records and equipment in accordance with your RTA conditions and deal with any non-compliance matters in a timely manner. In the 2015/16 financial year a total of 74 non-compliant RTAs were denied renewal.

To find out what conditions you must comply with visit www.environment.gov.au/protection/ozone/legislation. To find out more about ARC permit condition checks visit www.arctick.org/business-authorisation/auditing or contact 1300 884 483. Information on the DoEE ozone compliance and enforcement program can be found at www.environment.gov.au/protection/ozone/rac/compliance.

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