Australian Capital Territory Numbered Acts

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AIR POLLUTION (AMENDMENT) ACT 1993 (NO. 92 OF 1993) - SECT 6

Insertion

6. After section 24 of the Principal Act the following sections are inserted:

“24A. (1) A person shall not sell solid fuel-burning equipment, other than prescribed equipment, for use on residential premises unless—

        (a)     it complies with AS 4013; and

        (b)     a certificate of compliance has been issued in relation to it by a person or body authorised by the Authority by instrument for the purposes of this paragraph.

“(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an indictable offence punishable, on conviction, by a fine not exceeding—

        (a)     in the case of a natural person—$3,000; or

        (b)     in the case of a body corporate—$15,000.

“(3) A certificate of compliance issued in accordance with paragraph (1) (b) shall specify that—

        (a)     the person or body issuing the certificate has tested an appliance that is the same as the appliance to which the certificate relates in accordance with the test procedure specified in AS 4013; and

        (b)     the appliance tested had an appliance particulate emission factor not greater than the maximum allowable appliance particulate emission factor specified in section 7 of AS 4013.

“(4) An instrument under paragraph (1) (b) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

“(5) Paragraph 6 (1) (c) and subsections 6 (7), (7A) and (7B) of the Subordinate Laws Act 1989 apply to an instrument under paragraph (1) (b) as if a reference in each of those provisions to 15 sitting days were a reference to 5 sitting days.

“24B. (1) A person shall not alter the information on, or remove, a plate attached to solid fuel-burning equipment that contains information required to be marked on a plate in accordance with section 10 of AS 4013.

“(2) A person who sells solid fuel-burning equipment for use on residential premises, or installs solid fuel-burning equipment on residential premises, shall not alter in a material way—

        (a)     the structure, exhaust system or inlet air system of the equipment; or

        (b)     a part of the equipment that is involved in the combustion process.

“(3) Subsection (2) does not apply to the sale or installation of prescribed equipment.

“(4) A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an indictable offence punishable, on conviction, by a fine not exceeding—

        (a)     in the case of a natural person—$3,000; or

        (b)     in the case of a body corporate—$15,000.”.



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