Australian Capital Territory Consolidated Regulations

ENVIRONMENT PROTECTION REGULATION 2005 - REG 40

    (1)     A person commits an offence if—

        (a)     the person sells a thing; and

        (b)     the sale is the first retail sale of the thing; and

        (c)     the sale would, if it took place in NSW, be prohibited under the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time.

Example

A person sells, as a first retail sale, an air conditioner without a noise compliance plate. If the NSW Act prohibits its sale without a noise compliance plate, the person commits an offence under this regulation.

Note 1     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2     The Protection of the Environment Operations Act 1997 (NSW), s 136 creates an offence of selling an article of a class prescribed under the regulations if, when in use or operation, the article emits noise in excess of a prescribed level.

Maximum penalty: 10 penalty units.

    (2)     A person commits an offence if—

        (a)     the person hires out a thing; and

        (b)     a sale of the thing would, if it took place in NSW, be prohibited by the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time.

Maximum penalty: 10 penalty units.

    (3)     An offence against this section is a strict liability offence.

Note     See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).