Conditions of holding a Refrigerant Trading Authorisation

The conditions for holding a Refrigerant Trading Authorisation are laid out in the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the regulations), under Regulation 141. The regulations are as follows:

Conditions on authorisations

1. Subject to subregulations (1A) and (1B), an authorisation granted under this Subdivision is subject to the conditions that the holder:
   1. keeps up to date records showing the amounts, if any, of refrigerant bought, recovered, sold and otherwise disposed of during each quarter; and
   2. 14 days or less after receiving a request in writing by the relevant authority, sends to the authority copies of the records mentioned in paragraph (a); and
   3. ensures that each item of the holder’s equipment that is necessary to prevent avoidable emissions of refrigerant is operating correctly; and
   4. has, and maintains, equipment that is adequate for the holder’s activities, including 1 or more of each of the following:
      1. leak detectors;
      2. vacuum pumps;
      3. recovery units; and
   5. at least every quarter, checks any refrigerant container in the holder’s possession for leaks; and
   6. puts into effect a risk management plan relating to the handling and storage of refrigerant in the holder’s business; and
   7. ensures that any refrigerant in the holder’s possession is handled in accordance with each applicable standard set out in Table 135; and
   8. for an RAC equipment manufacturing authorisation — ensures that any refrigerant in its possession is handled only:
      1. by the holder of an appropriate licence granted under regulation 131, 133 or 134; or
      2. under the supervision of the holder of an appropriate licence granted under regulation 131 or 133; and
   9. for a refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by:
      1. the holder of an appropriate licence granted under regulation 131, 133 or 134; or
      2. if the refrigerant is handled on board an AMSA vessel — the holder of an AMSA certificate or the holder of an appropriate licence granted under regulation 131, 133 or 134.
   10. ensures that destruction of any refrigerant is carried out only by the operator of a refrigerant destruction facility; and
   11. uses only refillable containers for storage of refrigerant; and
   12. for a restricted refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by the holder of a licence granted under regulation 131, 133 or 134 that entitles the holder to handle the refrigerant in the way in which it is being handled; and
   13. keeps records for each quarter that set out the following:
       1. details of any checks, any maintenance and any other action undertaken for paragraphs (c), (d) and (e);
       2. for each licensee who handles refrigerant that is in the possession of the holder — the licensee’s name and the number allocated to the licensee’s licence by the relevant authority;
       3. the dates on which cylinders for the storage and transport of compressed gases were tested for paragraph (g); and
   14. if requested by written notice from the relevant authority, sends to the authority, no more than 14 days after receiving the request, a copy of a report that contains the records for the previous quarter; and
   15. for a refrigerant trading authorisation or a restricted refrigerant trading authorisation — includes the number allocated to the authorisation by the relevant authority on:
       1. any advertising placed after 1 July 2009 for services the provision of which would not be permitted without the authorisation; and
       2. any invoices, receipts and quotes for work carried out under the authorisation.

   Note: A number of terms included in these Regulations are defined in the Act, including quarter.

2. It is also a condition of a refrigerant trading authorisation that the holder accepts any surrendered refrigerant or scheduled substance that appears to be intended for use in RAC equipment.

Additions to Refrigerant Trading Authorisation conditions Effective from 1 January 2008

These are additional conditions and do not replace those listed on your Refrigerant Trading Authorisation certificate.

The holder must not supply substances controlled by this authorisation to any person or organisation unless:

1. The substance is being supplied to a person or organisation that has provided evidence that they hold a Refrigerant Trading Authorisation that permits them to acquire the substance; or
2. The substance is being supplied (in accordance with the conditions explained below) to a foreign flagged shipping vessel in an Australian port for the purposes of the maintenance of the RAC equipment on board that vessel; or
3. The substance is being supplied (in accordance with the conditions below) to a person or organisation that has provided evidence that they do not intend to use the substance in the refrigeration, air conditioning or fire protection industries, or export the substance.

The following activities are not considered to be 'supply'

1. Providing refrigerant to an employee (that holds a refrigerant handling licence) for use in the installation or maintenance of RAC equipment. Note that this does not apply to sub-contractors;
2. Charging refrigerant into installed RAC equipment;
3. Providing refrigerant in bulk form to a courier or transport company for immediate delivery to a member of one of the three groups described in (1), (2) or (3) above;

Supply to a foreign flagged shipping vessel is allowed subject to the following conditions

1. The request for supply is made in the approved form;
2. The type and quantity of substance supplied is reasonable for maintenance of RAC equipment on board the vessel;
3. Records are kept in the approved manner; and
4. Records so kept are made available for inspection on request by the Department or relevant authority.

Supply to a person or organisation for use other than in the RAC or fire protection industries is subject to the following conditions

1. The request for supply is made in the approved form;
2. The type and quantity of substance supplied is reasonable for the intended use nominated on the approved form;
3. Records are kept in the approved manner; and
4. Records so kept are made available for inspection on request by the Department or relevant authority.