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Penalties increase for offences listed under the Ozone Act and Regulations
Penalties have increased for offences listed under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.
The Crimes Act 1914 (Cth) has been amended to increase the Commonwealth penalty unit from $180 to $210 per penalty unit, effective from 1 July 2017. Penalty units apply where a person or corporation has committed a Commonwealth offence. This includes
offences listed under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) and the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Regulations).
Not holding the relevant permit – A person who imports, exports or manufactures fluorocarbon refrigerant (either in bulk or pre-charged into equipment) without the appropriate licence (or exemption) is committing an offence under section 13 of the Ozone Act and may
be fined up to $105,000. Under Ozone Regulation 111, it is also an offence to handle refrigeration and air conditioning (RAC) equipment containing fluorocarbon refrigerant without a refrigerant handling licence (RHL). A penalty of up to $2,100 may apply. Under Ozone
Regulation 112, it is an offence to acquire, possess or dispose of bulk fluorocarbon refrigerant without a Refrigerant Trading Authorisation (RTA). A penalty of up to $2,100 may apply.
Unlawful discharge of fluorocarbon refrigerant – It is an offence under section 45B(1) of the Ozone Act to act in a way that results in the unlawful discharge of ozone depleting substances (ODS) and synthetic greenhouse gases (SGG), including fluorocarbon
refrigerant. A penalty of up to $63,000 for an individual or up to $315,000 for a corporation may apply.
Breaching permit conditions – It is an offence under Ozone Regulation 136 for an RHL holder to breach a condition of their licence. A penalty of up to $2,100 may apply. It is an offence under Ozone Regulation 142 for a RTA holder to breach a condition of their
permit. A penalty of up to $2,100 may apply.
Effects of breaches on gaining future permits – Under Ozone 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 RAC industry permit or licence. As a result, their permit or licence may be refused on reapplication or, in accordance with Ozone Regulation 123, their permit or licence may be cancelled.
