Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person (the supplier ), other than a licensee covered by subregulation (6), contravenes this subregulation if:
(a) the supplier sells methyl bromide to a buyer during a year; and
(b) the buyer states, in a declaration for paragraph 220(1)(e), that the methyl bromide is for a non - QPS use; and
(c) subregulation (2), (3) or (4) of this regulation is not satisfied in relation to the sale.
(2) The buyer must:
(a) hold a non - QPS permit for the year, or be acting on behalf of such a permit holder; or
(b) be a nominated non - QPS supplier for a non - QPS permit holder for the year.
(3) If the buyer holds a non - QPS permit for the year, or is acting on behalf of such a permit holder:
(a) the supplier must be a nominated non - QPS supplier for the permit holder; and
(b) the supplier must ensure that the total amount of methyl bromide sold during the year by the supplier to the permit holder for non - QPS uses is equal to, or less than, the permit holder's allocated amount for the year.
(4) If the buyer is a nominated non - QPS supplier for a non - QPS permit holder for the year, the supplier mentioned in subregulation (1) (the first supplier ) must ensure that the total amount of methyl bromide sold during the year by the first supplier to the buyer for non - QPS uses is equal to, or less than, the total of the allocated amounts for the year for all non - QPS permit holders in relation to whom the buyer is a nominated non - QPS supplier.
(5) To avoid doubt, if a buyer is a non - QPS permit holder for a year and also a nominated non - QPS supplier for any other such permit holder, the amount of methyl bromide that the first supplier may sell to the buyer during the year for non - QPS uses is equal to, or less than, the sum of the total amounts mentioned in subregulations (3) and (4).
(6) A licensee is covered by this subregulation if:
(a) the licensee holds a controlled substances licence; and
(b) the licence allows the licensee to import methyl bromide; and
(c) the licence is subject to a condition to the effect that methyl bromide imported for non - QPS uses may only be supplied to a person, or persons, specified in the licence.
Note: A licensee must not contravene a condition of the licence--see section 18 of the Act.
(7) A person commits an offence of strict liability if the person contravenes subregulation (1).
Civil penalty provision
(8) A person is liable to a civil penalty if the person contravenes subregulation (1).
Civil penalty: 60 penalty units.