(1) A person who sells or who intends to sell equipment containing ozone depleting substances on the local market shall ensure that the equipment has a label which is conspicuous and displayed on the exterior of the equipment identifying the ozone depleting substance.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
(3) A Magistrate may in accordance with the Criminal Code issue to a police officer a warrant—
(a) to enter premises; and
(b) to search the premises and seize equipment containing an ozone depleting substance;
belonging to or in the possession or control of a person where the Magistrate is satisfied by evidence given on oath that there are reasonable grounds to believe that the person is committing, has committed or is about to commit an offence under this Act in relation to the equipment to be seized.
(4) A police officer issued with a warrant under subsection (3) may execute that warrant.
(5) Where a person is convicted of an offence under this section, the equipment seized under subsections (3) and (4) shall be forfeited to the Crown.
(6) The National Ozone Unit may in accordance with subsection (1), label equipment forfeited under subsection (5) and the Commissioner of Police may sell the labelled equipment.
(Inserted by Act 10 of 2011)