Australian Capital Territory Numbered Acts

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OZONE PROTECTION (AMENDMENT) ACT 1995 (NO. 45 OF 1995) - SECT 6

Insertion

6. After section 9 of the Principal Act the following sections are inserted:

“9A. (1) A person shall not, without reasonable excuse, operate, or cause to be operated, equipment or an installation, that utilises halons.

Penalty:

        (a)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

        (b)     if the offender is a body corporate—250 penalty units.

“(2) Subsection (1) does not apply to a person in relation to an installation where—

        (a)     there is an exemption in force in relation to that installation under subsection 23C (1); or

        (b)     the Authority has granted an essential use classification in relation to that installation under subsection 23E (1) and that classification has not been revoked.

“9B. (1) A person who extracts halons from an installation or equipment shall not, without reasonable excuse, fail to deposit the halons at the place specified by the Authority under subsection (2).

Penalty:

        (a)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

        (b)     if the offender is a body corporate—250 penalty units.

“(2) The Authority may, by instrument, specify the place at which halons may be deposited for disposal.

“(3) The Authority shall publish an instrument prepared in accordance with subsection (2)—

        (a)     in the Gazette ; and

        (b)     in a daily newspaper published and circulating in the Territory.

“(4) The validity of an instrument prepared in accordance with subsection (2) shall not be taken to be affected by a failure to comply with subsection (3).”.



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