Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

law://au/act/1989/7@2026-11-13

Part I · Preliminary

1Short title#

This Act may be cited as the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

2Commencement#

This Act commences on the day on which it receives the Royal Assent.

3Objectives#

The objectives of this Act are:

(a)to institute, for the purpose of giving effect to Australia’s obligations under the Vienna Convention and the Montreal Protocol, a system of controls on the manufacture, import and export of ozone depleting substances and SGGs; and

(b)to institute, and to provide for the institution of, specific controls on the manufacture, import, export, distribution and use of equipment that contains such substances or uses such substances in its operation; and

(c)to use the best endeavours to encourage Australian industry to:

(i)replace ozone depleting substances and SGGs; and

(ii)achieve a faster and greater reduction in the levels of production and use of ozone depleting substances and SGGs than are provided for in the Vienna Convention and the Montreal Protocol;

to the extent that such replacements and achievements are reasonably possible within the limits imposed by the availability of suitable alternate substances, and appropriate technology and devices; and

(d)to provide controls on the manufacture, import, export and use of SGGs, for the purposes of giving effect to Australia’s obligations under the Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement; and

(e)to promote the responsible management of scheduled substances so as to minimise their impact on the atmosphere.

3ASimplified outline of this Act#

This Act provides for controls on activities involving certain ozone depleting substances and synthetic greenhouse gases (SGGs), collectively referred to as scheduled substances.

A person must not carry out any of the following activities unless the person holds a licence that allows the activity (subject to certain exceptions):

(a) manufacturing, importing or exporting a scheduled substance;

(b) manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation.

In certain cases, the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation, is prohibited only if the equipment or substance (or both) is prescribed by regulations made under this Act.

There are 5 kinds of licence, as follows:

(a) controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs;

(b) essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses;

(d) feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock;

(e) equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation.

There are certain mandatory licence conditions, including conditions relating to quotas for manufacturing or importing HCFCs or HFCs under controlled substances licences. The CEO may also impose licence conditions.

Regulations made under this Act may make provision for the following:

(a) prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

(b) prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs);

(d) labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances.

A person must not, except in limited circumstances:

(a) discharge a scheduled substance if it is likely to enter the atmosphere; or

(b) use an HCFC that was manufactured or imported on or after 1 January 2020.

A person may have reporting obligations if the person:

(a) manufactures, imports or exports a scheduled substance; or

(b) manufactures, imports or exports equipment under an equipment licence.

Record-keeping obligations relating to the manufacture, import or export of scheduled substances by licensees are provided for by the regulations.

This Act and the regulations are enforced by triggering certain provisions of the Regulatory Powers Act. Provision is also made for:

(a) the use and disclosure of information obtained under this Act or the Regulatory Powers Act as it applies in relation to this Act; and

(b) applicants and licensees to seek review of certain decisions made under this Act.

4Saving of certain State and Territory laws#

It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the protection of ozone in the atmosphere and is capable of operating concurrently with this Act.

5Act to bind the Crown#

(1)This Act binds the Crown in right of the Commonwealth, of each of the States and of an internal Territory that has been established as a body politic.

(2)Nothing in this Act renders the Crown in right of the Commonwealth, of a State or of an internal Territory liable to be prosecuted for an offence.

6Extension to external Territories#

This Act extends to all the external Territories.

6AApplication of the Criminal Code#

Chapter 2 of the Criminal Code applies to all offences against this Act or the regulations.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

6BContravening an offence provision or a civil penalty provision#

(1)This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.

(2)For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.

(3)For the purposes of applying Chapter 2 of the Criminal Code to the offence, the physical elements of the offence are set out in the conduct provision.

Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.

Part II · Explanation of terms used in the Act

7AASimplified outline of this Part#

This Part is about terms used in this Act.

Section 7 is like a dictionary and contains a list of most terms that are defined in the Act. A term will either be defined in section 7 or in another provision of this Act. If another provision defines the term, section 7 will usually have a signpost to that definition.

The remaining provisions of this Part either define particular terms that are used elsewhere in the Act or affect the meaning of references to particular expressions.

7Definitions#

In this Act, unless the contrary intention appears:

100-year global warming potential of a scheduled substance means the 100-year global warming potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.

approved form means a form approved under section 66A.

Australia includes all the external Territories.

bulk scheduled substance has the meaning given by section 9.

CEO has the same meaning as in the National Environmental Protection Agency Act 2025.

Note: This is a reference to the CEO of the National Environmental Protection Agency.

CFC (short for chlorofluorocarbon) means a substance covered by clause 1 of Schedule 1, whether existing alone or in a mixture.

civil penalty order has the same meaning as in the Regulatory Powers Act.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

CO2e megatonnes has the meaning given by section 9A.

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

containing: equipment containing a scheduled substance has a meaning affected by section 9.

contravene an offence or civil penalty provision has a meaning affected by section 6B.

Note: The meaning of contravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901).

controlled substances licence means a licence referred to in subsection 13A(2).

critical uses, of methyl bromide, has the meaning given by subsection 18(10).

designated court means:

(a)the Federal Court of Australia; or

(b)the Federal Circuit and Family Court of Australia (Division 2); or

(c)a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the regulations.

Note: For jurisdiction of State and Territory courts, see sections 69C and 69D.

distribution includes sale and supply, whether for consideration or not.

emergency use, of methyl bromide, has the meaning given by subsection 18(10).

engage in conduct has the same meaning as in the Criminal Code.

entrusted person means:

(a)the Minister; or

(b)the Secretary; or

(c)an APS employee in the Department; or

(d)any other person employed in, or engaged by, the Department.

equipment includes products.

equipment licence means a licence referred to in subsection 13A(6).

essential use has the meaning given by subsection 13A(3B).

essential uses licence means a licence referred to in subsection 13A(3).

executive officer of a body corporate means:

(a)a director of the body corporate; or

(b)the chief executive officer (however described) of the body corporate; or

(c)the chief financial officer (however described) of the body corporate; or

(d)the secretary of the body corporate.

export, in relation to goods or a substance, means do an act that constitutes exportation of the goods or substance from Australia within the meaning of section 112 of the Customs Act 1901, or would constitute such exportation if the external Territories were part of Australia for the purposes of that Act.

feedstock means an intermediate substance which is used to manufacture other chemicals.

feedstock licence means a licence referred to in subsection 13A(5).

forfeitable goods has the meaning given by section 57.

forfeiture notice means a notice under subsection 60A(1).

Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as in force for Australia from time to time.

Note: The Framework Convention, as originally in force for Australia, is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

halon means any substance covered by clause 2 of Schedule 1, whether existing alone or in a mixture.

HBFC (short for hydrobromofluorocarbon) means a substance covered by clause 6 of Schedule 1, whether existing alone or in a mixture.

HCFC (short for hydrochlorofluorocarbon) means a substance covered by clause 5 of Schedule 1, whether existing alone or in a mixture.

HCFC industry limit, in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 24.

HCFC licence means a controlled substances licence that relates to HCFCs.

HCFC quota means an HCFC quota allocated for a quota period under section 28.

Note: A reserve HCFC quota is not an HCFC quota.

heel allowance percentage for a substance means the percentage prescribed by the regulations for the substance for the purposes of this definition.

HFC (short for hydrofluorocarbon) means a substance covered by clause 9 of Schedule 1, whether existing alone or in a mixture.

HFC industry limit has the meaning given by section 36A.

HFC quota means an HFC quota allocated for a calendar year under regulations made for the purposes of section 36C.

Note: A reserve HFC quota is not an HFC quota.

import, in relation to goods or a substance, means do an act that constitutes importation of the goods or substance into Australia within the meaning of section 50 of the Customs Act 1901, or would constitute such importation if the external Territories were part of Australia for the purposes of that Act.

inspector means:

(a)a member or special member of the Australian Federal Police; or

(b)an officer of Customs; or

(c)a person appointed by the CEO as an inspector under section 49.

Kigali Amendment means the Amendment to the Montreal Protocol adopted by Decision XXVIII/1 of the Twenty-Eighth Meeting of the Parties to the Montreal Protocol at Kigali on 15 October 2016.

Note: In 2017, the Kigali Amendment could be viewed at the United Nations website (www.un.org).

Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.

Note: The Kyoto Protocol, as originally in force for Australia, is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2), and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

laboratory and analytical uses, of methyl bromide, has the meaning given by subsection 18(10).

licence (except when used in Part IV) means a controlled substances licence, an essential uses licence, a used substances licence, an equipment licence or a feedstock licence.

licence period means a period referred to in section 8A.

licensee means a person who holds a licence under section 16.

methyl bromide means the substance covered by clause 7 of Schedule 1, whether existing alone or in a mixture.

Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer done at Montreal on 16 September 1987, as in force for Australia from time to time.

Note: The Montreal Protocol, as originally in force for Australia, is in Australian Treaty Series 1989 No. 18 ([1989] ATS 18) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

nitrogen trifluoride means the substance covered by clause 12 of Schedule 1, whether existing alone or in a mixture.

ODP tonnes has the meaning given in section 10.

ODS equipment means equipment that:

(a)contains a scheduled substance other than an SGG; or

(b)uses a scheduled substance other than an SGG in its operation.

Note: Equipment may be covered by this definition even if the equipment also contains a scheduled substance that is an SGG.

offence against this Act or the regulations includes an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.

Note: See also section 11.6 of the Criminal Code.

officer of Customs has the same meaning as in the Customs Act 1901.

official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

ozone depleting potential of a scheduled substance means the ozone depleting potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.

Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.

Note: The Agreement, as originally in force for Australia, is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

PFC (short for perfluorocarbon) means a substance covered by clause 10 of Schedule 1, whether existing alone or in a mixture.

protected information means information of any of the following kinds obtained by an entrusted person:

(a)information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;

(b)information the disclosure of which could reasonably be expected to prejudice the effective working of government;

(c)information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;

(d)information the disclosure of which could reasonably be expected to endanger a person’s life or physical safety;

(e)information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment.

QPS use, of methyl bromide, has the meaning given by subsection 18(11).

quota means an HCFC quota or a reserve HCFC quota.

quota period has the meaning given by section 23A.

Note: Quota periods relate to HCFC quotas. There are also HFC quotas, which are allocated for calendar years.

reconsideration decision has the meaning given by subsection 65ZB(2).

refrigeration and air conditioning equipment has the meaning given by subsection 12B(2).

regulated HCFC activity has the meaning given by section 25A.

regulated HFC activity has the meaning given by section 36B.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant information means information obtained by an entrusted person under, or in accordance with, this Act or the Regulatory Powers Act as it applies in relation to this Act.

reporting period means a period of 6 months starting on 1 January or 1 July.

reserve HCFC quota means a reserve HCFC quota allocated under section 28.

Note: A reserve HCFC quota is not an HCFC quota.

reserve HCFC quota limit, in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 25.

reserve HFC quota means a reserve HFC quota allocated under regulations made for the purposes of section 36G.

Note: A reserve HFC quota is not an HFC quota.

reserve HFC quota limit has the meaning given by subsection 36G(3).

reviewable decision has the meaning given by section 65X.

reviewer has the meaning given by section 65X.

scheduled substance means a substance covered by a clause in Schedule 1, whether existing alone or in a mixture.

Secretary means the Secretary of the Department.

SGG or synthetic greenhouse gas means any of the following:

(a)an HFC;

(b)nitrogen trifluoride;

(c)a PFC;

(d)sulfur hexafluoride.

SGG equipment means equipment that:

(a)contains an SGG and does not contain any scheduled substance that is not an SGG; or

(b)uses an SGG in its operation and does not use any scheduled substance that is not an SGG in its operation.

Note: Equipment that contains a scheduled substance other than an SGG, or that uses a scheduled substance other than an SGG in its operation, is ODS equipment.

SGG licence means a controlled substances licence that relates to SGGs.

SGG licensee means the holder of an SGG licence.

State or Territory government body means:

(a)a Department of State of a State or Territory; or

(b)an agency of a State or Territory; or

(c)an authority of a State or Territory.

sulfur hexafluoride means the substance covered by clause 11 of Schedule 1, whether existing alone or in a mixture.

suspended: a licence is suspended if it is suspended under subsection 19D(1).

used substance has the meaning given by section 9AA.

used substances licence means a licence referred to in subsection 13A(4).

using a scheduled substance in the operation of equipment has a meaning affected by section 9.

Vienna Convention means the Vienna Convention for the Protection of the Ozone Layer done at Vienna on 22 March 1985, as in force for Australia from time to time.

Note: The Vienna Convention, as originally in force for Australia, is in Australian Treaty Series 1988 No. 26 ([1988] ATS 26) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

8ALicence periods#

(1)For the purposes of this Act, each licence period is 2 years.

(2)The first licence period starts on 1 January 1996.

(3)Each licence period, except the first, starts at the end of the last preceding one.

9References to scheduled substances and equipment#

Scheduled substances

(1)A reference in this Act to a scheduled substance (or type of scheduled substance) is a reference to a bulk scheduled substance (or a bulk scheduled substance of that type), except if the reference is in relation to equipment that:

(a)contains a scheduled substance (or type of scheduled substance); or

(b)uses a scheduled substance (or type of scheduled substance) in its operation.

(2)A scheduled substance is a bulk scheduled substance unless the substance is:

(a)contained in equipment; or

(b)used in the operation of equipment.

Example: Paragraph (b)—a scheduled substance that is used as a propellant in an aerosol spray or fire extinguisher is not a bulk scheduled substance.

Note 1: Subsection (3) affects whether a scheduled substance is contained in, or used in the operation of, equipment for the purposes of this subsection.

Note 2: Subsection (4) and regulations made for the purposes of paragraph (5)(a) may also affect whether a substance is a bulk scheduled substance.

Equipment used only for storing or transporting a scheduled substance

(3)A reference in this Act to:

(a)equipment containing a scheduled substance (or type of scheduled substance); or

(b)equipment using a scheduled substance (or type of scheduled substance) in its operation;

does not cover equipment that contains a scheduled substance, or is being used, for the sole purpose of storing or transporting the substance.

Note: Subsection (4) and regulations made for the purposes of paragraph (5)(b) or (c) may also affect whether a substance is contained in, or used in the operation of, equipment.

Substances used in the process of manufacturing equipment

(4)A scheduled substance that is contained in equipment only because the substance was used in the process of manufacturing the equipment is neither:

(a)a bulk scheduled substance; nor

(b)contained in, or used in the operation of, the equipment.

Example: A scheduled substance that remains in minute quantities in open cell foam after being used in the production of the foam.

Regulations

(5)The regulations may provide that, in prescribed circumstances, a scheduled substance:

(a)is taken to be, or not to be, a bulk scheduled substance; or

(b)is taken to be, or not to be, contained in equipment; or

(c)is taken to be, or not to be, used in the operation of equipment; or

(d)is taken to be, or not to be, contained in equipment for the sole purpose of storing or transporting the substance;

(e)is taken to be, or not to be, contained in equipment only because the substance was used in the process of manufacturing the equipment.

(6)Regulations made for the purposes of subsection (5) have effect despite subsections (2) to (4).

9AAUsed substances#

(1)Subject to subsection (2), a scheduled substance is a used substance for the purposes of this Act if it is:

(a)collected from a container or other equipment during servicing, or in connection with the disposal, of the container or other equipment; or

(b)collected after an emissive use of the substance.

(2)The regulations may provide that, in prescribed circumstances, a scheduled substance:

(a)is taken to be a used substance; or

(b)is taken not to be a used substance.

9AQuantities expressed in CO2e megatonnes#

(1)A reference in this Act to CO2e megatonnes, in relation to an HFC, is a reference to the quantity of the HFC that results from multiplying its mass in megatonnes by its 100-year global warming potential.

(2)If a substance is or contains a mixture of 2 or more HFCs, the quantity of the substance, expressed in CO2e megatonnes, is the quantity that results from adding together the quantities of each of those HFCs, expressed in CO2e megatonnes.

10Quantities expressed in ODP tonnes#

(1)A reference in this Act to ODP tonnes, in relation to an HCFC, is a reference to the quantity of the HCFC that results from multiplying its mass in tonnes by its ozone depleting potential.

(2)If a substance is or contains a mixture of 2 or more HCFCs, the quantity of the substance, expressed in ODP tonnes, is the quantity that results from adding together the quantities of each of those HCFCs, expressed in ODP tonnes.

12Recycling of scheduled substances#

(1)In this Act a reference to the manufacture of scheduled substances does not include a reference to a process by which a quantity of scheduled substances is produced by the recycling of substances containing scheduled substances of that quantity.

(2)For the purposes of this Act, where a process for the manufacture of a quantity of scheduled substances involves, in part, the recycling of substances containing scheduled substances of a lesser quantity, the quantity of scheduled substances manufactured in the process shall be taken to be reduced by the quantity of scheduled substances in the substances recycled in the process.

Part III · Licences

Division 1 · Preliminary

12ASimplified outline of this Part#

A person must not carry out any of the following activities unless the person holds a licence that allows the activity (subject to certain exceptions):

(a) manufacturing, importing or exporting a scheduled substance;

(b) manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation.

There are 5 kinds of licence, as follows:

(a) controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs;

(b) essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses;

(d) feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock;

(e) equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation.

There are certain mandatory licence conditions, including conditions relating to quotas for manufacturing or importing HCFCs or HFCs under controlled substances licences (see Parts IV and IVA). The CEO may also impose licence conditions.

The CEO may renew a licence, subject to certain conditions. The CEO may also:

(a) terminate a licence if necessary for the purposes of giving effect to relevant international agreements; or

(b) transfer a licence, on application; or

(d) suspend or cancel a licence if the licensee contravenes a licence condition, is no longer a fit and proper person to hold a licence or, for a suspension, is uncontactable.

The regulations may provide for certain details relating to licences to be published.

12BImport or export of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft#

(1)This Part and Parts IV and IVA do not apply to the import or export of a CFC, halon, HCFC, HFC or PFC if all of the following conditions are satisfied:

(a)the CFC, halon, HCFC, HFC or PFC is on board a ship or aircraft;

(b)the ship or aircraft has either or both of the following:

(i)refrigeration and air conditioning equipment;

(ii)fire protection equipment;

(c)the CFC, halon, HCFC, HFC or PFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between:

(i)a place in Australia and a place outside Australia; or

(ii)2 places outside Australia.

(2)Refrigeration and air conditioning equipment means equipment, used for the cooling or heating of anything, that uses one or more of the following:

(a)a CFC;

(b)a halon;

(c)an HCFC;

(d)an HFC;

(e)a PFC.

Division 2 · Requirement to have licence

13Prohibition—unlicensed manufacture of scheduled substance or equipment#

Unlicensed manufacture of a scheduled substance

(1)A person contravenes this subsection if:

(a)the person manufactures a substance; and

(b)the substance is a scheduled substance; and

(c)the person does not hold a licence that allows the manufacture.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(2)Subsection (1) does not apply to a person manufacturing an SGG in circumstances, or for a purpose, prescribed by the regulations for the purposes of this subsection. Any such regulations must be consistent with Australia’s international obligations.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed manufacture of equipment containing a scheduled substance

(3)A person contravenes this subsection if:

(a)the person manufactures equipment; and

(b)the equipment contains a substance; and

(c)the substance is a scheduled substance; and

(d)if the equipment is SGG equipment—the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

(e)the person does not hold a licence that allows the manufacture.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(4)Subsection (3) does not apply to a person manufacturing equipment:

(a)of a kind prescribed by the regulations for the purposes of this paragraph; or

(b)in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Unlicensed manufacture of equipment that uses a scheduled substance in its operation

(5)A person contravenes this subsection if:

(a)the person manufactures equipment; and

(b)the equipment uses a substance in its operation; and

(c)the substance is a scheduled substance; and

(d)the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

(e)the person does not hold a licence that allows the manufacture.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(6)Subsection (5) does not apply to a person manufacturing equipment:

(a)of a kind prescribed by the regulations for the purposes of this paragraph; or

(b)in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

13AAProhibition—unlicensed import of scheduled substance or equipment#

Unlicensed import of a scheduled substance

(1)A person contravenes this subsection if:

(a)the person imports a substance; and

(b)the substance is a scheduled substance; and

(c)the person does not hold a licence that allows the importation.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(2)Subsection (1) does not apply to a person importing an SGG (other than an SGG that is a used substance) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this subsection. Any such regulations must be consistent with Australia’s international obligations.

Unlicensed import of equipment containing a scheduled substance

(3)A person contravenes this subsection if:

(a)the person imports equipment; and

(b)the equipment contains a substance; and

(c)the substance is a scheduled substance; and

(d)the person does not hold a licence that allows the importation; and

(e)if the equipment contains an SGG—the person’s importation of the equipment is not covered by the low volume imports exemption under subsection (4).

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

Note 3: For exceptions to this subsection, see subsections (6) to (9).

(4)For the purposes of paragraph (3)(e), a person’s importation of equipment is covered by the low volume imports exemption under this subsection if:

(a)the total amount of SGGs contained in the equipment is not greater than an amount prescribed by the regulations for the purposes of this paragraph; and

(b)any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

Unlicensed import of equipment that uses a scheduled substance in its operation

(5)A person contravenes this subsection if:

(a)the person imports equipment; and

(b)the equipment uses a substance in its operation; and

(c)the substance is a scheduled substance; and

(d)the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

(e)the person does not hold a licence that allows the importation.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

Note 3: For exceptions to this subsection, see subsections (6) to (9).

Equipment exceptions—prescribed equipment, circumstances or purposes

(6)Subsection (3) or (5) does not apply to a person importing equipment:

(a)of a kind prescribed by the regulations for the purposes of this paragraph; or

(b)in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Equipment exceptions—private or domestic use

(7)Subsection (3) or (5) does not apply to a person importing equipment if:

(a)the equipment is kept by the person, or by a member of the person’s household, wholly or principally for private or domestic use; and

(b)the equipment is prescribed by the regulations for the purposes of this paragraph; and

(c)any other conditions prescribed by the regulations for the purposes of this paragraph are satisfied.

Equipment exceptions—temporary imports

(8)Subsection (3) or (5) does not apply to a person importing equipment if:

(a)the equipment is imported:

(i)for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this subparagraph; and

(ii)with the intention of later exporting the equipment within a period not exceeding 12 months, or a longer period prescribed by the regulations for the purposes of this subparagraph; and

(b)any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

Equipment exceptions—returning Australian equipment

(9)Subsection (3) or (5) does not apply to a person importing equipment if:

(a)the equipment is of a kind prescribed by the regulations for the purposes of this paragraph; and

(b)the person had previously exported the equipment for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this paragraph; and

(c)while the equipment was outside Australia, no change was made to the type and quantity of scheduled substances contained in or used in the operation of the equipment, except in circumstances, or for purposes, (if any) prescribed by the regulations for the purposes of this paragraph; and

(d)title to the equipment remains unchanged between the time of export and time of import of the equipment.

Note: A person who wishes to rely on subsection (6), (7), (8) or (9) bears an evidential burden in relation to the matter in that subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

13ABProhibition—unlicensed export of scheduled substance or equipment#

Unlicensed export of a scheduled substance

(1)A person contravenes this subsection if:

(a)the person exports a substance; and

(b)the substance is a scheduled substance; and

(c)the person does not hold a licence that allows the export.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(2)Subsection (1) does not apply to a person exporting a substance if:

(a)the substance is an HCFC and the substance is exported in accordance with a direction given to the person by the CEO under section 35A; or

(b)the substance is an HFC and the substance is exported in accordance with a direction given to the person by the CEO under section 36H; or

(c)the substance is an SGG (other than an SGG that is a used substance) and the substance is exported in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Any regulations made for the purposes of paragraph (c) must be consistent with Australia’s international obligations.

Unlicensed export of equipment containing a scheduled substance

(3)A person contravenes this subsection if:

(a)the person exports equipment; and

(b)the equipment contains a substance; and

(c)the substance is a scheduled substance; and

(d)the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

(e)the person does not hold a licence that allows the export.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(4)Subsection (3) does not apply to a person exporting equipment:

(a)of a kind prescribed by the regulations for the purposes of this paragraph; or

(b)in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Unlicensed export of equipment that uses a scheduled substance in its operation

(5)A person contravenes this subsection if:

(a)the person exports equipment; and

(b)the equipment uses a substance in its operation; and

(c)the substance is a scheduled substance; and

(d)the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

(e)the person does not hold a licence that allows the export.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(6)Subsection (5) does not apply to a person exporting equipment:

(a)of a kind prescribed by the regulations for the purposes of this paragraph; or

(b)in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

13ACPenalties for unlicensed manufacture, import or export of scheduled substances or equipment#

Fault-based offence

(1)A person commits an offence if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5).

Note: The physical elements of an offence against this subsection are set out in the subsection contravened (see subsection 6B(3)).

Penalty: 500 penalty units.

Strict liability offence

(2)A person commits an offence of strict liability if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5).

Penalty: 60 penalty units.

Civil penalty provision

(3)A person is liable to a civil penalty if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5).

Civil penalty: 600 penalty units.

13ALicences and what they allow#

Controlled substances licence

(2)A controlled substances licence allows (subject to subsection (2A)) the licensee to do one of the following:

(a)to carry out whichever one or more of the following activities is specified in it:

(i)manufacture HCFCs;

(ii)import HCFCs;

(iii)export HCFCs;

(b)to carry out whichever one or more of the following activities is specified in it:

(i)manufacture methyl bromide;

(ii)import methyl bromide;

(iii)export methyl bromide;

(c)to carry out whichever one or more of the following activities is specified in it:

(i)manufacture SGGs;

(ii)import SGGs;

(iii)export SGGs.

(2A)A controlled substances licence does not apply to:

(a)scheduled substances that are used substances; or

(b)the import or manufacture of scheduled substances that are used exclusively as a feedstock.

Essential uses licence

(3)An essential uses licence allows (subject to subsection (3A)) the licensee to carry out whichever one or more of the following activities is specified in it:

(a)manufacture specified scheduled substances for essential uses;

(b)import specified scheduled substances for essential uses;

(c)export specified scheduled substances for essential uses.

(3A)An essential uses licence does not apply to:

(a)scheduled substances that are used substances; or

(b)scheduled substances that are used exclusively as a feedstock; or

(c)methyl bromide; or

(d)SGGs other than HFCs.

Note: For paragraph (a), see subsection (4) (about used substances licences). For paragraph (b), see subsection (5) (about feedstock licences).

(3B)An essential use of a scheduled substance is an essential use identified in relation to the substance by a decision made by the parties to the Montreal Protocol that applies to Australia.

Used substances licence

(4)A used substances licence allows (subject to subsection (4A)) the licensee to carry out whichever of the following activities is specified in it:

(a)import specified substances that are used substances;

(b)export specified substances that are used substances.

(4A)A used substances licence does not apply to the import of used substances that are used exclusively as a feedstock.

Feedstock licence

(5)A feedstock licence allows the licensee to carry out whichever one or more of the following activities is specified in it:

(a)manufacture specified scheduled substances exclusively for use as a feedstock;

(b)import specified scheduled substances exclusively for use as a feedstock.

Equipment licence

(6)An equipment licence allows the licensee to carry out whichever one or more of the following activities is specified in it:

(a)manufacture specified ODS equipment;

(b)import specified ODS equipment;

(c)export specified ODS equipment;

(d)manufacture specified SGG equipment;

(e)import specified SGG equipment;

(f)export specified SGG equipment.

13BFit and proper person considerations#

Mandatory considerations

(1)Without limiting the matters that the CEO may take into account in determining whether a person is a fit and proper person for the purposes of this Part, in the exercise of a power listed in column 1 of an item of the following table, the CEO must have regard to the considerations in column 2 of the item.

Fit and proper person considerations
Item	Column 1Power	Column 2Mandatory considerations
1	A power to grant, transfer, suspend or cancel a licence	The following:(a) the person’s history in relation to environmental matters;(b) whether the person is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of remuneration for their benefit;(c) if a statement made by the person in an application or report under this Act or the regulations was false or misleading in a material particular:(i) that fact; and(ii) whether the person knew that the statement was false or misleading;(d) whether the person has complied with a requirement to pay levy under either of the following:(i) the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995;(ii) the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;(e) whether the person has complied with a requirement to give a report under this Act or the regulations
2	A power to grant or transfer a licence	The following:(a) whether the person has contravened a condition of a licence;(b) whether a licence held by the person has been:(i) suspended; or(ii) cancelled under section 20
3	A power to cancel a licence	Whether a licence held by the person has been suspended

Mandatory considerations—bodies corporate

(2)If the person is a body corporate, the CEO:

(a)must also have regard to each consideration in column 2 of the table in subsection (1) in relation to each person who is an executive officer of the body (whether or not the person was an executive officer of the body corporate at the time a matter occurs that relates to the consideration); and

(b)may also have regard to whether the body is a Chapter 5 body corporate within the meaning of the Corporations Act 2001.

Spent conviction scheme not affected

(3)This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Division 3 · Grant of licence

14Application for licence#

(1)A person may apply to the CEO for all or any of the following licences:

(a)a controlled substances licence;

(b)an essential uses licence;

(c)a used substances licence;

(d)an equipment licence;

(e)a feedstock licence.

(2)An application for a licence must:

(a)be in the approved form; and

(aa)be accompanied by the fee prescribed by the regulations (if any), unless the fee has been waived in accordance with the regulations; and

(b)be given to the CEO.

15Request for further information#

The CEO may, within 60 days after an application for a licence is made, give an applicant for a licence written notice requiring the applicant to give the CEO such further information relating to the application as is specified in the notice.

16Grant of licence#

CEO may grant licence

(1)Subject to subsections (3A) to (6A), the CEO may grant a licence to a person who has applied for it in accordance with section 14.

Content and form of licence

(3)A licence (other than an HCFC licence, an SGG licence or an equipment licence):

(a)must specify:

(i)the substance or substances to which it relates; and

(ii)the activities it allows; and

(b)may specify the maximum quantities of any or all of those substances allowed for any or all of those activities.

(3AA)An SGG licence must state that it relates to SGGs, and must specify the activities it allows.

(3AB)An equipment licence must specify whichever one or more of the following activities that the licence allows:

(a)manufacture specified ODS equipment;

(b)import specified ODS equipment;

(c)export specified ODS equipment;

(d)manufacture specified SGG equipment;

(e)import specified SGG equipment;

(f)export specified SGG equipment.

(3AC)Two or more licences granted to the same person may be set out in the same document.

Criteria for granting licence

(3A)In deciding whether or not to grant a licence, the CEO:

(a)must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and

(b)may have regard to any other matters he or she thinks relevant.

(4)The CEO must not grant a licence to a person unless the CEO is satisfied that the person is a fit and proper person to be granted a licence.

Note: The mandatory fit and proper person considerations are set out in section 13B.

(4A)The CEO must not grant a controlled substances licence, or a used substances licence, that allows the manufacture, import or export of a scheduled substance unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the kind of licence, the activity and the relevant type of scheduled substance are satisfied.

(5)The CEO must not grant an equipment licence that allows the manufacture, import or export of SGG equipment unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied.

(6)The CEO must not grant an equipment licence that allows the manufacture, import or export of ODS equipment unless:

(a)for equipment that contains a scheduled substance—subsection (6A) applies in relation to the equipment; and

(b)in any case—the requirements (if any) prescribed by the regulations for the purposes of this paragraph in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied.

(6A)For the purposes of paragraph (6)(a), this subsection applies if the CEO is satisfied that:

(a)both:

(i)the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and

(ii)no practical alternative exists to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose; or

(b)because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment; or

(c)in the case of the import or export of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported or exported; or

(d)in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or

(e)in any case—both:

(i)exceptional circumstances justify granting the licence; and

(ii)granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol; or

(f)in any case—the manufacture, import or export would occur in circumstances prescribed by the regulations for the purposes of this paragraph.

Refusal of application

(7)An application is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.

17Deemed refusal of licence#

(1)If, at the end of 60 days after an application for a licence is made, the CEO has not:

(a)granted a licence; or

(b)refused the application; or

(c)made a request under section 15;

the CEO is taken, subject to subsection (4), to have refused the application on the last of the 60 days.

(2)If:

(a)the CEO gives an applicant notice under section 15 requiring the applicant to give the CEO further information relating to the application; and

(b)at the end of 60 days after the information is given to the CEO, the CEO has not:

(i)granted a licence; or

(ii)refused the application; or

(iii)made a further request under section 15;

the CEO is taken, subject to subsection (4), to have refused the application on the last of those 60 days.

(3)If:

(a)Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of a licence; and

(b)the CEO has not granted the licence at the end of 30 days after he or she received advice under that Subdivision on the proposed grant;

he or she is taken to have refused the application for the licence on the last of those days.

Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, persons considering whether to authorise certain actions must get advice on environmental matters from the Minister administering that Subdivision.

(4)Subsections (1) and (2) do not apply in relation to an application for a licence if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the licence.

Division 4 · Conditions on, and duration of, licence

18Conditions of licences#

(1)A licence is subject to the conditions specified in the applicable item or items (if any) of the following table:

Licence conditions
Item	Column 1Licence	Column 2Conditions
1	A controlled substances licence that allows the licensee to manufacture, import or export HCFCs	(a) the licensee must not engage in a regulated HCFC activity in a quota period unless the licensee has been allocated:(i) an HCFC quota for that period; or(ii) a reserve HCFC quota;that is in force when the licensee engages in the activity; and(b) if the licensee has been allocated an HCFC quota for a quota period—the licensee must ensure that the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the quota period is not more than the total of:(i) that quota; and(ii) any reserve HCFC quotas allocated to the licensee that are in force at any time in the quota period; and(c) if the licensee has been allocated a reserve HCFC quota that is in force for a period (the *reserve period*) in a quota period, but has not been allocated an HCFC quota for that quota period—the licensee must ensure that the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the reserve period is not more than that reserve HCFC quota; and(d) the licensee must comply with any directions the CEO gives to the licensee under section 35A (directions to export HCFCs if quota exceeded).
1A	A controlled substances licence that allows the licensee to manufacture, import or export methyl bromide	The licensee may manufacture, import or export methyl bromide only for one or more of the following purposes, as set out in the licence:(a) critical uses (including laboratory and analytical uses);(b) an emergency use;(c) a QPS use;(d) in the case of export—use as a feedstock.
2	A licence (other than an SGG licence) that allows the licensee to import a scheduled substance	The licensee must only import the substance from a country that is a party to the Montreal Protocol.
3	A licence (other than an SGG licence) that allows the licensee to export a scheduled substance	The licensee must only export the substance to a country that is a party to the Montreal Protocol.
4	An SGG licence	(a) the SGG licensee must not engage in a regulated HFC activity in a calendar year unless the licensee has been allocated:(i) an HFC quota for the year; or(ii) a reserve HFC quota;that is in force when the licensee engages in the activity; and(b) if the SGG licensee has been allocated an HFC quota for a calendar year—the licensee must ensure that the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the year is not more than the total of:(i) that quota; and(ii) any reserve HFC quotas allocated to the licensee that are in force at any time in the year; and(c) if the SGG licensee has been allocated a reserve HFC quota that is in force for a period (the reserve period) in a calendar year, but has not been allocated an HFC quota for the year—the licensee must ensure that the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the reserve period is not more than that reserve HFC quota; and(d) the SGG licensee must comply with any directions the CEO gives to the licensee under section 36H (directions to export HFCs if quota exceeded).
5	An SGG licence that allows the SGG licensee to import HFCs	The SGG licensee must only import HFCs from a country that is a party to the Montreal Protocol.
6	An SGG licence that allows the SGG licensee to export HFCs	The SGG licensee must only export HFCs to a country that is a party to the Montreal Protocol.
7	A licence (other than an equipment licence) that allows the licensee to import a scheduled substance	The licensee must not import the substance in a non-refillable container, unless the conditions (if any) prescribed by the regulations for the purposes of this item in relation to the container and the import are satisfied.
8	A suspended licence	The licensee must comply with any directions the CEO gives to the licensee under either of the following sections:(a) section 35A (directions to export HCFCs if quota exceeded);(b) section 36H (directions to export HFCs if quota exceeded).

Note 1: For the quantity of HCFCs that is taken to be involved in regulated HCFC activities, see subsection 25A(2).

Note 2: For the quantity of HFCs that is taken to be involved in regulated HFC activities, see subsection 36B(2).

(2)The conditions mentioned in items 5 and 6 of the table in subsection (1) do not apply to importing or exporting SGGs before the day the changes to Article 4 of the Montreal Protocol set out in Article I of the Kigali Amendment enter into force for Australia.

(3)The Minister must announce, by notifiable instrument, the day the changes come into force for Australia.

Note: The changes cannot come into force before 1 January 2033.

Other conditions

(4)The CEO may, when granting a licence or at any time afterwards, impose other conditions on the licence.

(5)A condition imposed under subsection (4) has no effect unless it is set out in the licence, or in a written notice given to the licensee.

(6)The following are examples of the kinds of conditions the CEO may impose under subsection (4):

(a)conditions about the quantity of particular scheduled substances that the licensee may manufacture, import or export, as the case may be, during any period while the licence is in force;

(b)conditions prohibiting the licensee from doing anything otherwise covered by the licence unless the licensee also holds another type of licence;

(c)conditions about the purpose or purposes for which particular scheduled substances may be manufactured, imported or exported, as the case may be, under the licence;

(ca)conditions requiring the licensee to enter into an arrangement for the recovery, recycling or destruction of scheduled substances with a person approved by the CEO under regulations made for the purposes of paragraph 45A(1)(ba);

(d)conditions requiring the licensee to give written reports to the CEO.

Fault-based offence

(7)A licensee commits an offence if:

(a)the licensee engages in conduct; and

(b)the conduct contravenes a condition of the licensee’s licence.

Penalty: 500 penalty units.

Strict liability offence

(7A)A licensee commits an offence of strict liability if the licensee contravenes a condition of the licensee’s licence.

Penalty: 60 penalty units.

Civil penalty provision

(7B)A licensee is liable to a civil penalty if the licensee contravenes a condition of the licensee’s licence.

Civil penalty: 600 penalty units.

Varying or revoking conditions

(8)The CEO may, on his or her own initiative or on written application by the licensee, vary or revoke a condition imposed under subsection (4).

(9)A variation or revocation of a condition must be by written notice given to the licensee.

Methyl bromide definitions

(10)For the purposes of this Act, methyl bromide is used:

(a)for critical uses; or

(b)for an emergency use; or

(c)for laboratory and analytical uses;

if the use is:

(d)exempt from a provision of the Montreal Protocol, under any decision made by the parties to the Montreal Protocol that applies to Australia, on account of being critical uses, an emergency use or laboratory and analytical uses (as the case requires); and

(e)in compliance with the conditions of any such decision.

Note: Under the Montreal Protocol, critical uses includes laboratory and analytical uses.

(11)For the purposes of this Act, methyl bromide is used for a QPS use if:

(a)it is applied by, or with the authorisation of, a Commonwealth, State or Territory authority to prevent the introduction, establishment or spread of a pest or disease in Australia, a State or a Territory; or

(b)it is applied to a commodity, before it is exported, to meet the requirements of the importing country or a law of the Commonwealth.

Note: QPS is short for quarantine and pre-shipment.

19Duration of licences#

When a licence comes into force

(1)A licence comes into force on the day specified in it.

When a licence stops being in force

(2)A licence, other than an equipment licence, stays in force until the earlier of:

(a)the end of:

(i)if the licence is not renewed under section 19AC—the licence period in which the licence comes into force under subsection (1) of this section; or

(ii)if the licence is renewed one or more times under section 19AC—the licence period starting immediately after the time the licence would have ended apart from the last renewal; and

(b)if the licence is an essential uses licence, or a used substances licence, that specifies a period that ends before the time that applies under paragraph (a)—the end of that specified period;

unless the licence is cancelled, or stops being in force for any other reason, before then.

Note: An essential uses licence, or a used substances licence, that specifies a period under paragraph (b) cannot be renewed: see subsection 19AC(4).

(3)An equipment licence stays in force until the earlier of:

(a)the end of:

(i)if the licence is not renewed under section 19AC—2 years starting on the day the licence comes into force under subsection (1) of this section; or

(ii)if the licence is renewed one or more times under section 19AC—2 years starting immediately after the time the licence would have ended apart from the last renewal; and

(b)if the licence specifies a period, or a method for ascertaining a period, that ends before the time that applies under paragraph (a)—the end of that period;

unless the licence is cancelled, or stops being in force for any other reason, before then.

Note: A licence does not stop being in force only because it is suspended: see subsection 19D(4).

Division 5 · Renewing licences

19AAApplication for renewal of licence#

(1)The holder of a licence may apply to the CEO for a renewal of the licence, subject to subsection (4).

(2)The application must be made no later than 60 days before the licence ceases to be in force.

(3)The application must:

(a)be in the approved form; and

(b)be accompanied by the fee prescribed by the regulations (if any), unless the fee has been waived in accordance with the regulations; and

(c)be given to the CEO.

(4)The holder of a suspended licence may not apply to the CEO for a renewal of any licence held by the person until the period of suspension ends or the suspension is revoked by the CEO.

19ABRequest for further information#

The CEO may, within 60 days after an application for a renewal of a licence is made under section 19AA, give the applicant written notice requiring the applicant to give to the CEO such further information relating to the application as is specified in the notice.

19ACDecision on application#

(1)If a person applies under section 19AA for a renewal of a licence, the CEO must:

(a)subject to subsections (2) and (4), renew the licence by:

(i)giving the applicant written notice of the renewal; and

(ii)amending the licence as mentioned in subsection (5), if applicable; or

(b)refuse to renew the licence, by giving the applicant written notice of:

(i)the refusal; and

(ii)the reasons for the refusal.

Note: The effect of a renewal of a licence is to extend the period for which the licence is in force: see subparagraphs 19(2)(a)(ii) and (3)(a)(ii).

(2)Subsections 16(3A) to (6A) (about criteria) apply in relation to renewing the licence in the same way as those subsections apply in relation to granting a licence.

(3)In applying subsection (2), the CEO may take into account the CEO’s previous consideration of the matters mentioned in subsections 16(3A) to (6A) in relation to granting or renewing the licence.

Licences in force for a specified period

(4)The CEO must not renew an essential uses licence, or a used substances licence, that specifies a period for the purposes of paragraph 19(2)(b).

Note 1: Paragraph 19(2)(b) allows a licence to specify a period, shorter than a licence period, during which the licence stays in force.

Note 2: The CEO may amend the specified period under section 19C at the request of the licensee.

(5)If the CEO renews an equipment licence that specifies a period or method for the purposes of paragraph 19(3)(b), the CEO must amend the licence to:

(a)remove the specification; or

(b)specify a period, or a method for ascertaining a period, that ends within 2 years after the time the licence would have ended apart from the renewal.

Note: Paragraph 19(3)(b) allows a licence to specify a period, or a method for ascertaining a period, shorter than 2 years, during which the licence stays in force.

19ADDeemed refusal of renewal#

(1)If, at the end of 60 days after an application for a renewal of a licence is made under section 19AA, the CEO has not:

(a)renewed the licence under section 19AC; or

(b)refused the application under section 19AC; or

(c)made a request under section 19AB;

the CEO is taken to have refused the application under section 19AC on the last of the 60 days.

(2)If:

(a)the CEO gives an applicant notice under section 19AB requiring the applicant to give to the CEO further information relating to the application; and

(b)at the end of 60 days after the information is given to the CEO, the CEO has not:

(i)renewed the licence under section 19AC; or

(ii)refused the application under section 19AC; or

(iii)made a further request under section 19AB;

the CEO is taken to have refused the application under section 19AC on the last of the 60 days.

19AEDeemed application for new licence#

If:

(a)a person applies under section 19AA for a renewal of a licence; and

(b)the licence ceases to be in force (other than because it is cancelled or terminated) before the CEO:

(i)renews the licence under section 19AC; or

(ii)refuses the application under section 19AC;

the person is taken to have applied in accordance with section 14 for a licence of the same type on the day after the licence ceased to be in force.

Division 6 · Other changes to licences

19ATermination of licences#

(1)The Minister may, by written notice given to a licensee, terminate all licences (including suspended licences) of the kind specified in the notice that are held by the licensee.

(2)The Minister must not terminate a licence unless satisfied that it is necessary to do so for the purpose of giving effect to an adjustment or amendment of:

(a)the Montreal Protocol; or

(b)the Framework Convention on Climate Change; or

(c)the Kyoto Protocol; or

(d)the Paris Agreement.

(3)A notice terminating a specified kind of licence takes effect on the day specified in the notice.

(4)A notice given on the basis of an adjustment or amendment of the Montreal Protocol that has not entered into force for Australia must not specify a day earlier than the day when the adjustment or amendment enters into force for Australia.

(5)When a notice given to a licensee takes effect, all licences of the kind specified in it that are held by the licensee stop being in force.

19BTransfer of licences#

(1)The CEO may transfer a licence, other than a suspended licence, from the licensee to another person (the transferee) on a joint application by the licensee and the transferee.

(2)An application must:

(a)be in the approved form; and

(b)be signed by both applicants; and

(c)be given to the CEO.

(4)The CEO must not grant an application unless satisfied that the transferee is a fit and proper person to be granted a licence.

Note: The mandatory fit and proper person considerations are set out in section 13B.

(6)A decision by the CEO transferring a licence, or refusing to transfer a licence, must be by written notice given to the applicants.

(7)A notice of a decision refusing to transfer a licence must state the reasons for the decision.

(8)If the CEO transfers a licence, the transferee is taken to be the licensee on and after the date of the transfer.

19CAmendment of licence at request of licensee#

(1)The CEO may amend a licence (including a suspended licence) at the written request of the licensee.

Note: For example, if there is a change in the name of the licensee, the licence could be amended to specify the new name.

(2)Subsection (1) does not allow amendment of a condition of a licence.

Note: Section 18 deals with variation of the conditions of a licence.

19DSuspension of licence#

Circumstances that may lead to suspension

(1)The CEO may suspend a licence if satisfied that the licensee:

(a)is no longer a fit and proper person to hold a licence; or

(b)has contravened a condition of the licence; or

(c)is uncontactable.

Note: The mandatory fit and proper person considerations are set out in section 13B.

(2)A licensee is uncontactable if, and only if, the CEO has made 2 or more reasonable attempts to contact the licensee during a period of 6 months ending immediately before the decision to suspend the licence, but has not been able to contact the licensee.

Suspension notices

(3)The CEO must give the licensee written notice of the suspension (the suspension notice) specifying:

(a)the reasons for the suspension; and

(b)the day the suspension takes effect; and

(c)either or both of the following:

(i)the actions the licensee must take for the suspension to end;

(ii)a fixed period for the suspension.

Effect of suspension

(4)While suspended, the licence does not allow the licensee to carry out any activity that the licence would otherwise allow. However, the licence remains in force despite the suspension.

Suspension notices specifying required actions

(5)If the suspension notice specifies actions the licensee must take for the suspension to end, the CEO must give written notice to the licensee when satisfied that the licensee has taken the specified actions.

When a suspension ends

(6)The suspension ends in accordance with the following table:

When the suspension of a licence ends
Item	Column 1If the suspension notice specifies ...	Column 2the suspension ends ...
1	actions the licensee must take for the suspension to end	at the start of the day the CEO gives notice under subsection (5), subject to item 3
2	a fixed period for the suspension	immediately after the end of the fixed period, subject to item 3
3	both:(a) actions the licensee must take for the suspension to end; and(b) a fixed period for the suspension	at the later of the following times:(a) the start of the day the CEO gives a notice under subsection (5);(b) immediately after the end of the fixed period

Variation and revocation

(7)The CEO may, by written notice given to the licensee, do either of the following if the CEO considers it appropriate to do so:

(a)vary the suspension notice;

(b)revoke the suspension.

20Cancellation of licence#

(1)The CEO may cancel a licence (including a suspended licence) if satisfied that the licensee:

(a)is no longer a fit and proper person to hold a licence; or

(b)has contravened a condition of the licence.

Note: The mandatory fit and proper person considerations are set out in section 13B.

(4)The CEO shall cancel a licence by giving to the licensee a written notice stating that the licence has been cancelled and setting out the reasons for the cancellation.

(5)The cancellation of a licence takes effect 60 days after the notice is given to the licensee under subsection (4).

21Surrender of licence#

(1)A licensee may, at any time, surrender a licence (including a suspended licence) by giving the CEO written notice that the licence is surrendered.

(2)The surrender of a licence takes effect (unless the licence is sooner cancelled):

(a)if a date of effect is stated in the notice of surrender, at the end of that day; or

(b)in any other case, on the day on which the notice is given.

Division 7 · Other provisions

22Publication of information regarding licences etc.#

The regulations may make provision for the periodic publication of details of:

(a)licences granted; and

(b)applications for licences refused; and

(c)licences suspended, cancelled or surrendered.

Part IV · HCFC quotas

22ASimplified outline of this Part#

The CEO may allocate to a licensee:

(a) an HCFC quota for a quota period; or

(b) in exceptional circumstances, a reserve HCFC quota for a specified period (which need not be a quota period).

Under section 18, it is a condition of a controlled substances licence that:

(a) the licensee must not engage in a regulated HCFC activity unless the licensee has been allocated a quota; and

(b) the total quantity of HCFCs involved in regulated HCFC activities engaged in by the licensee is not more than the licensee’s quotas.

Sections 24 and 25 limit how much quota the CEO may allocate.

23Meaning of licenceand licensee#

In this Part:

licence means a controlled substances licence allowing the licensee to manufacture, import or export HCFCs.

licensee means the holder of a controlled substances licence allowing the licensee to manufacture, import or export HCFCs.

23AHCFC quota periods#

(1)A quota period is 2 years, or such longer or shorter period (if any) as is determined under subsection (2).

(2)The Minister may, by legislative instrument, determine a period for the purposes of subsection (1).

(3)The first quota period starts on the 1 January specified by the Minister under section 26.

(4)Each quota period, except the first, starts immediately after the end of the last preceding one.

24How to work out HCFC industry limits#

For the purposes of this Part, the HCFC industry limit for a calendar year specified in column 2 of an item in the following table is the quantity of HCFCs specified in column 3 of that item.

Table of HCFC industry limits
Column 1Item No.	Column 2Calendar year	Column 3HCFC industry limit Quantity of HCFCs in ODP tonnes per year
1	1996, 1997, 1998, 1999	250
2	2000, 2001	220
3	2002, 2003	190
4	2004, 2005	160
5	2006, 2007	130
6	2008, 2009	100
7	2010, 2011	70
8	2012, 2013	40
9	2014, 2015	10
10	2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029	2.5
11	2030	0

25How to work out reserve HCFC quota limits#

For the purposes of this Part, the reserve HCFC quota limit for a calendar year specified in column 2 of an item in the following table is the quantity of HCFCs specified in column 3 of that item.

Table of reserve HCFC quota limits
Column 1Item No.	Column 2Calendar year	Column 3HCFC quota limit Quantity of HCFCs in ODP tonnes per year
1	1996, 1997, 1998, 1999, 2000, 2001	50
2	2002, 2003	40
3	2004, 2005	35
4	2006, 2007	30
5	2008, 2009	20
6	2010, 2011	15
7	2012, 2013	10
8	2014, 2015	2
9	2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029	0.24
10	2030	0

25ARegulated HCFC activities#

(1)A regulated HCFC activity is the manufacture or import of HCFCs under a controlled substances licence.

Note: This Part does not apply to the import of HCFCs for use on board ships or aircraft in certain circumstances: see section 12B.

(2)For the purposes of this Act, the quantity of HCFCs that is taken to be involved in regulated HCFC activities engaged in by a licensee in a period is the greater of the quantity worked out using the following formula and nil:

(3)For the purposes of subsection (2), the quantity of HCFCs exported by a licensee in a period is taken not to include any quantity exported under a direction given to the licensee under section 35A (direction to export HCFCs if quota exceeded).

26Start of first HCFC quota period#

(1)If the Minister becomes aware that in any year (the excess year) the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by licensees is more than 90% of the HCFC industry limit for that year, the Minister must publish a notice in the Gazette.

(2)A notice must:

(a)specify the 1 January next following the date of the notice as the start of the first HCFC quota period; and

(c)specify the base year to be used in allocating HCFC quotas to licensees during the first HCFC quota period.

(3)The base year to be specified in a notice is the last calendar year before the excess year.

(4)A notice under this section is not a legislative instrument.

27Application for quota#

(1)An application for a quota must:

(a)be in the approved form; and

(b)be given to the CEO.

(3)An application may only be made by a licensee.

28Allocation of quota#

(1)Subject to this section and section 29, the CEO may, on an application made in accordance with section 27, allocate a quota to the applicant.

(2)The CEO must determine the size of each quota in accordance with section 31 or 32, as the case requires.

(3)In deciding whether or not to allocate a quota, the CEO:

(b)may have regard to any other matters he or she thinks relevant.

(4)A quota is allocated by written notice given to the applicant.

(5)The notice must:

(a)specify the size of the quota; and

(b)state whether it is an HCFC quota or a reserve HCFC quota; and

(c)in the case of an HCFC quota—specify the quota period for which it is allocated; and

(d)in the case of a reserve HCFC quota—specify the period (not longer than 12 months) for which it is allocated.

(6)If the CEO refuses to allocate a quota, the CEO must notify the applicant in writing of the refusal and of the reasons for it.

29Limits on power to allocate reserve HCFC quotas#

(1)The CEO must not allocate a reserve HCFC quota unless satisfied that exceptional circumstances exist.

(2)For the purposes of subsection (1), exceptional circumstances exist if, and only if:

(a)the use of the relevant HCFC is essential for medical, veterinary, defence or public safety purposes; and

(b)there is no practicable alternative to that use; and

(c)without the allocation, the HCFC will not be available, in the quantities required for that use, within a reasonable period.

(3)The CEO must not allocate a reserve HCFC quota for a year, or part of a year, if the sum of the amounts of all other reserve HCFC quotas allocated for that year, or any part of that year, equals the reserve HCFC quota limit for that year.

30Duration of quotas#

(1)An HCFC quota stays in force until the end of the quota period for which it is allocated, unless it stops being in force for any other reason before then.

(2)A reserve HCFC quota stays in force until the end of the period specified in it under paragraph 28(5)(d), unless it stops being in force for any other reason before then.

31HCFC quota sizes#

(1)The size of an HCFC quota allocated to a licensee for a quota period is to be worked out using the formula:

where:

ALA (amount of licensee’s activities) means the sum of the quantities of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities carried out under the licence during the base year by:

(a)the licensee; or

(b)if the licence was transferred to the licensee—the licensee and the transferor.

AIA (amount of industry activities) means the sum of the quantities of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities carried out by all licensees during the base year.

IL (industry limit) means the sum of the HCFC industry limits for each year of the quota period.

(2)In this section:

base year means:

(a)in relation to an allocation for the first HCFC quota period—the base year specified in the notice under section 26; and

(b)in relation to an allocation for any other HCFC quota period—the penultimate calendar year before the start of that quota period.

32Reserve HCFC quota sizes#

In determining the amount of each reserve HCFC quota allocated for a year, or part of a year, the CEO must ensure that the sum of that amount and the amounts of all other reserve HCFC quotas allocated for that year, or any part of that year, is not more than the reserve HCFC quota limit for that year.

33Reserve HCFC quotas: variation or revocation#

(1)The CEO may vary or revoke a reserve HCFC quota if satisfied that the exceptional circumstances on which its allocation was based have changed or no longer exist.

(2)A variation or revocation takes effect when a written notice of it is given to the licensee to whom the quota was allocated.

(3)The CEO must not vary a reserve HCFC quota allocated to a licensee by increasing the amount of the quota if the increased amount could not have been allocated to the licensee under section 29.

34Quotas cease when licences cease#

A quota allocated to a licensee stops being in force when the licensee’s licence is cancelled, or stops being in force for any other reason.

Note: A licence does not stop being in force only because it is suspended: see subsection 19D(4).

35Transfer of quotas#

(1)If:

(a)a licensee is allocated an HCFC quota; and

(b)the CEO transfers the licence under section 19B;

the unused part of the quota is taken to have been allocated to the transferee on the date of the transfer.

(2)A licensee (including the licensee for a suspended licence) may, without transferring the licensee’s licence, transfer to another licensee the unused part of:

(a)an HCFC quota allocated to the first licensee for a quota period; and

(b)each HCFC quota (if any) allocated to the first licensee for later quota periods.

(2A)A licensee (including the licensee for a suspended licence) may, instead of transferring the whole of the unused parts of the quotas mentioned in subsection (2):

(a)choose a particular percentage; and

(b)without transferring the licensee’s licence, transfer to another licensee the lesser of the following percentages of each of those quotas:

(i)the chosen percentage;

(ii)the percentage of the quota that is unused.

(3)A transfer mentioned in subsection (2) has no effect until the transferor notifies the CEO of the transfer.

(4)A notice must:

(a)state the transferee’s name, address and licence number; and

(b)specify the amount of quota transferred.

(5)After a transfer mentioned in subsection (2) takes effect:

(a)the transferred quota, or part of a quota, is taken to have been allocated to the transferee; and

(b)if part of a quota is transferred—the transferor is taken to have been allocated the untransferred part of the quota.

35ADirection to export HCFCs if quota exceeded#

(1)The CEO may, by written notice given to a licensee (including the licensee for a suspended licence), direct the licensee to export a specified quantity of HCFCs by a specified time if:

(a)both:

(i)the licensee has been allocated an HCFC quota for a quota period; and

(ii)the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the year exceeds the total of that quota and any reserve HCFC quotas allocated to the licensee that are in force at any time in the period; or

(b)both:

(i)the licensee has been allocated a reserve HCFC quota that is in force for a period (the reserve period) in a quota period, but has not been allocated an HCFC quota for the quota period; and

(ii)the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the reserve period exceeds the reserve HCFC quota.

Note: It is a condition of the licence that the licensee comply with the direction: see subsection 18(1).

(1A)Before the time specified in the direction (or a later time specified in a notice under this subsection), the CEO may specify a later time by written notice given to the licensee.

(2)The amount specified in the direction must not be greater than the amount of the excess.

Part IVA · HFC quotas

Division 1 · Outline of this Part

36Simplified outline of this Part#

The CEO may allocate to an SGG licensee:

(a) an HFC quota for a calendar year; or

(b) in prescribed circumstances, a reserve HFC quota for a specified period (which need not be a calendar year).

Under section 18, it is a condition of an SGG licence that:

(a) the licensee must not engage in a regulated HFC activity unless the licensee has been allocated a quota; and

(b) the total quantity of HFCs involved in regulated HFC activities engaged in by the licensee is not more than the licensee’s quotas.

Sections 36A and 36G limit how much quota the CEO may allocate.

Division 2 · HFC quotas

36AHFC industry limit#

(1)The HFC industry limit for a calendar year is the quantity of HFCs, expressed in CO2e megatonnes:

(a)prescribed by the regulations in relation to the year for the purposes of this subsection; or

(b)worked out in accordance with a method prescribed by the regulations in relation to the year for the purposes of this subsection.

(2)The sum of the amounts of all HFC quotas allocated for a calendar year must not exceed the HFC industry limit for the year.

(3)Regulations made for the purposes of subsection (1) must be consistent with Australia’s international obligations.

36BRegulated HFC activities#

(1)A regulated HFC activity is the manufacture or import of HFCs under an SGG licence.

Note 1: A licence is not required for the manufacture or import of HFCs and other SGGs in certain circumstances, or for certain purposes, prescribed by the regulations: see subsections 13(2) and 13AA(2).

Note 2: This Part does not apply to the import or export of HFCs for use on board ships or aircraft in certain circumstances: see section 12B.

(2)For the purposes of this Act, the quantity of HFCs that is taken to be involved in regulated HFC activities engaged in by an SGG licensee in a period is the greater of the amount worked out using the following formula and nil:

(3)For the purposes of subsection (2), the quantity of HFCs exported by an SGG licensee in a period is taken not to include any quantity exported under a direction given to the licensee under section 36H (direction to export HFCs if quota exceeded).

36CApplications, allocation and size of HFC quotas#

(1)The regulations may provide in relation to any of the following:

(a)processes for applying for HFC quotas, including who may apply;

(b)processes for the CEO to:

(i)allocate HFC quotas for calendar years to SGG licensees; or

(ii)vary the size of HFC quotas; or

(iii)stop allocated HFC quotas being in force; or

(iv)cancel allocated HFC quotas, with the effect that the quotas are taken never to have been in force;

(c)the effect on HFC industry limits of the processes mentioned in paragraph (b);

(d)the size of HFC quotas, or the method for working out the size of HFC quotas;

(e)review of decisions made under regulations made for the purposes of this section.

(2)Regulations made for the purposes of subsection (1) may provide in relation to a matter mentioned in that subsection by providing for the matter, or for anything relating to it, to be determined by the Minister or the CEO, including by legislative instrument.

36DDuration of HFC quotas#

An HFC quota stays in force until the end of the calendar year for which it is allocated, unless it stops being in force for any other reason before then.

36EQuotas cease when licences cease#

An HFC quota allocated to an SGG licensee stops being in force when the licensee’s SGG licence is cancelled, or stops being in force for any other reason.

Note: An SGG licence does not stop being in force only because it is suspended: see subsection 19D(4).

36FTransfer of quotas#

Transfer of HFC quota if SGG licence transferred

(1)If the CEO transfers an SGG licensee’s SGG licence under section 19B, the unused part of each HFC quota (if any) allocated to the first licensee for calendar years ending on or after the date of the transfer is taken to have been allocated to the transferee on that date.

Transfer of HFC quota without transferring SGG licence

(2)An SGG licensee (including the licensee for a suspended SGG licence) may, without transferring the licensee’s SGG licence, transfer to another SGG licensee the unused part of:

(a)an HFC quota allocated to the first licensee for a calendar year; and

(b)each HFC quota (if any) allocated to the first licensee for later calendar years.

(3)An SGG licensee (including the licensee for a suspended SGG licence) may, instead of transferring the whole of the unused parts of the HFC quotas mentioned in subsection (2):

(a)choose a particular percentage; and

(b)without transferring the licensee’s SGG licence, transfer to another SGG licensee the lesser of the following percentages of each of those quotas:

(i)the chosen percentage;

(ii)the percentage of the quota that is unused.

(4)A transfer under subsection (2) or (3) has no effect until the transferor notifies the CEO of the transfer.

(5)A notice must:

(a)state the transferee’s name, address and licence number; and

(b)specify the amount of each HFC quota transferred.

(6)After a transfer under subsection (2) or (3) takes effect:

(a)each transferred HFC quota, or each transferred part of an HFC quota, is taken to have been allocated to the transferee; and

(b)if only part of an HFC quota is transferred—the transferor is taken to have been allocated the untransferred part of the quota.

Division 3 · Reserve HFC quotas

36GReserve HFC quotas#

Reserve HFC quotas

(1)The CEO must not allocate a reserve HFC quota unless satisfied that circumstances prescribed by the regulations for the purposes of this subsection exist.

(2)The regulations may provide in relation to any of the following:

(a)processes for applying for reserve HFC quotas, including who may apply;

(b)processes for the CEO to:

(i)allocate reserve HFC quotas; or

(ii)vary the size or period of reserve HFC quotas; or

(iii)stop allocated reserve HFC quotas being in force; or

(iv)cancel allocated reserve HFC quotas, with the effect that the quotas are taken never to have been in force;

(c)processes for transferring reserve HFC quotas between SGG licensees;

(d)the size of reserve HFC quotas, or the method for working out the size of reserve HFC quotas;

(e)the period (not longer than 12 months) during which each reserve HFC quota is in force;

(f)review of decisions made under regulations made for the purposes of this subsection.

Reserve HFC quota limit

(3)The reserve HFC quota limit for a calendar year is the quantity of HFCs, expressed in CO2e megatonnes:

(a)prescribed by the regulations in relation to the year for the purposes of this subsection; or

(b)worked out in accordance with a method prescribed by the regulations in relation to the year for the purposes of this subsection.

(4)The sum of the amounts of all reserve HFC quotas allocated for a calendar year (including any part of that year) must not be more than the reserve HFC quota limit for that year.

(5)Regulations made for the purposes of subsection (3) must be consistent with Australia’s international obligations.

Division 4 · Other provisions

36HDirection to export HFCs if quota exceeded#

(1)The CEO may, by written notice given to an SGG licensee (including the licensee for a suspended SGG licence), direct the licensee to export a specified quantity of HFCs by a specified time if:

(a)both:

(i)the SGG licensee has been allocated an HFC quota for a calendar year; and

(ii)the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the year exceeds the total of that quota and any reserve HFC quotas allocated to the licensee that are in force at any time in the year; or

(b)both:

(i)the SGG licensee has been allocated a reserve HFC quota that is in force for a period (the reserve period) in a calendar year, but has not been allocated an HFC quota for the year; and

(ii)the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the reserve period exceeds the reserve HFC quota.

Note: It is a condition of the SGG licence that the licensee comply with the direction: see subsection 18(1).

(1A)Before the time specified in the direction (or a later time specified in a notice under this subsection), the CEO may specify a later time by written notice given to the licensee.

(2)The amount specified in the direction must not be greater than the amount of the excess.

36JBasis on which quotas are allocated#

An HFC quota or reserve HFC quota is allocated on the basis that:

(a)the quota may be varied under regulations made for the purposes of subsection 36C(1) or 36G(2); and

(b)the quota may stop being in force under section 36F or under regulations made for the purposes of subsection 36C(1) or 36G(2); and

(c)the quota may be cancelled under regulations made for the purposes of subsection 36C(1) or 36G(2); and

(d)the quota may be varied, stop being in force or be cancelled by or under later legislation; and

(e)no compensation is payable if the quota is varied, stops being in force or is cancelled as mentioned in any of the above paragraphs.

Part VIA · Controls on disposal, use etc. of scheduled substances

45AASimplified outline of this Part#

The regulations may make provision for the following:

(a) prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

(b) prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs);

(d) labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances.

A person must not, except in limited circumstances:

(a) discharge a scheduled substance if it is likely to enter the atmosphere; or

(b) use an HCFC that was manufactured or imported on or after 1 January 2020.

45ARegulation of disposal, use etc. of scheduled substances#

(1)The regulations may make provision for the following:

(a)prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

(b)prohibiting or regulating the storage, use or handling of scheduled substances (other than a use of HCFCs that is prohibited under section 45C);

(ba)prohibiting or regulating the recovery, recycling or destruction of scheduled substances;

(c)labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances;

(d)conferring functions on persons or bodies (including non-government bodies) in relation to matters covered by paragraph (a), (b), (ba) or (c);

(e)matters incidental to matters covered by paragraph (a), (b), (ba), (c) or (d).

(2)For the avoidance of doubt, the regulations may make provision for regulating something by providing that it must not be done unless specified conditions are met.

(3)The regulations may make provision for regulating something by providing for it, or anything relating to it, to be determined by the Minister or the CEO, including by legislative instrument.

(4)Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

(5)Regulations made for the purposes of this section must be consistent with Australia’s international obligations.

45BDischarge of scheduled substances#

Prohibition

(1)A person contravenes this subsection if:

(a)the person engages in conduct; and

(b)the conduct results in the discharge of a scheduled substance; and

(c)the discharge occurs in circumstances where it is likely that the scheduled substance will enter the atmosphere; and

(d)the discharge is not in accordance with regulations made for the purposes of this paragraph.

Exception

(2)Subsection (1) does not apply if the discharge occurs as a result of using equipment, that contains a scheduled substance, for the purpose for which the equipment was designed.

(3)For the purposes of subsection (2), the use of a halon fire extinguisher during, or in connection with, a training exercise is taken not to be a use of the extinguisher for the purpose for which it was designed.

Fault-based offence

(4)A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: 300 penalty units.

Strict liability offence

(5)A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(6)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 400 penalty units.

45CUse of HCFC#

(1)A person contravenes this subsection if:

(a)the person uses an HCFC; and

(b)the HCFC was manufactured or imported on or after 1 January 2020; and

(c)the use is not for a purpose prescribed by the regulations for the purposes of this paragraph.

Fault-based offence

(2)A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: 300 penalty units.

Strict liability offence

(3)A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(4)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 400 penalty units.

Part VII · Reports and records

46AASimplified outline of this Part#

A person may have reporting obligations if the person:

(a) manufactures, imports or exports a scheduled substance; or

(b) manufactures, imports or exports equipment under an equipment licence.

Record-keeping obligations relating to the manufacture, import or export of scheduled substances by licensees are provided for by the regulations.

46Periodic reports in relation to scheduled substances#

Requirement to report

(1)A person who carries out any of the following activities during a reporting period must give the CEO a report in relation to the activity, in accordance with subsection (1A) of this section and the regulations:

(a)manufacturing, importing or exporting a scheduled substance;

(b)manufacturing, importing or exporting equipment under an equipment licence.

Note: For paragraph (b)—an equipment licence is not always required for the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation: see (for example) subsections 13(4) and (6), 13AA(4) and (6) to (9), and 13AB(4) and (6).

When report must be given

(1A)The report must be given to the CEO before the 31st day after the end of the reporting period.

Quarterly reporting

(1B)Without limiting subsection (1), a person may comply with that section by giving separate reports in relation to each half of the reporting period.

Strict liability offence

(2)A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(3)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 60 penalty units.

48Records to be kept by licensees#

(1)The regulations may make provision as to the keeping by a licensee (including the licensee for a suspended licence) of records relating to the manufacture, import or export of scheduled substances by the licensee.

(2)Regulations made for the purpose of this section may include provisions relating to the production of records to the CEO on request.

Note: A licensee may also have obligations in relation to the keeping and production of records, in relation to activities covered by section 45A, under regulations made for the purposes of that section.

Part VIII · Enforcement

Division 1 · Preliminary

48ASimplified outline of this Part#

The CEO and inspectors have monitoring, inspection and enforcement powers under the Regulatory Powers Act to ensure this Act and the regulations are being complied with.

The Regulatory Powers Act creates a framework for monitoring and investigating compliance with this Act and the regulations, as well as providing for the enforcement of civil penalty provisions and the use of infringement notices, enforceable undertakings and injunctions.

This Part provides certain monitoring and investigation powers in addition to those provided by the Regulatory Powers Act.

Goods relating to contraventions of certain provisions of this Act or the regulations may be forfeited to the Commonwealth if:

(a) a person is convicted of an offence, or a civil penalty order is made, in relation to the relevant contravention; or

(b) the goods are seized under the Regulatory Powers Act.

The CEO may require a person to give information or produce documents that are relevant for the purposes of investigating or preventing:

(a) an offence against this Act or the regulations; or

(b) a contravention of a civil penalty provision of this Act or the regulations.

49Appointment of inspectors#

(1)The CEO may, by instrument in writing, appoint as an inspector a person who is:

(a)an officer or employee of an authority of the Commonwealth; or

(b)a person engaged under the Public Service Act 1999; or

(c)an officer or employee of the Public Service of a State or Territory; or

(d)a member of the Police Force of a State or Territory.

(2)The CEO must not appoint an officer or employee of the Public Service of a State or Territory, or a member of the Police Force of a State or Territory, as an inspector unless the appointment is in accordance with an arrangement made by the CEO with a Minister of that State or Territory.

(3)The CEO must not appoint a person as an inspector unless the CEO is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an inspector.

49ADirections to inspectors#

(1)An inspector must, in exercising powers as an inspector, comply with any directions of the CEO.

(2)If a direction is given under subsection (1) in writing, the direction is not a legislative instrument.

Division 2 · Monitoring powers

50Monitoring powers#

Provisions subject to monitoring

(1)The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:

(a)each provision of this Act and the regulations;

(b)an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to one or more of the provisions mentioned in paragraph (a).

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions mentioned in this subsection have been complied with. It includes powers of entry and inspection.

Information subject to monitoring

(2)Information given in compliance or purported compliance with a provision of this Act or the regulations is subject to monitoring under Part 2 of the Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

(3)For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):

(a)the following provisions of the Customs Act 1901 are related to the provisions and the information:

(i)subsections 50(4) and (7) (prohibited imports);

(ii)subsections 112(2B) and (2BC) (prohibited exports);

(b)an inspector is an authorised applicant; and

(c)an inspector is an authorised person; and

(d)a magistrate is an issuing officer; and

(e)the CEO is the relevant chief executive; and

(f)a designated court is a relevant court.

Person assisting

(4)An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1), and the information mentioned in subsection (2).

Extension to external Territories

(5)Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), extends to every external Territory.

51Modifications of Part 2 of the Regulatory Powers Act#

Additional monitoring power

(1)For the purposes of determining:

(a)whether a provision mentioned in subsection 50(1) has been, or is being, complied with; or

(b)the correctness of information mentioned in subsection 50(2);

the additional powers mentioned in subsection (2) are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.

(2)The additional monitoring powers are:

(a)the power to take samples of any thing on premises entered under Part 2 of the Regulatory Powers Act; and

(b)the power to remove, test and analyse such samples; and

(c)the power to secure premises entered under Part 2 of the Regulatory Powers Act; and

(d)the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

(e)the power to secure a container on premises entered under Part 2 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing).

Use of force in executing a monitoring warrant

(3)In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection 50(1) and the information mentioned in subsection 50(2) of this Act:

(a)an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

(b)a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Identity cards

(4)A reference to an identity card in sections 25 and 26 and subsection 35(6) of the Regulatory Powers Act, as those provisions apply in relation to the provisions mentioned in subsection 50(1) and information mentioned in subsection 50(2) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or an officer of Customs, as the case may be.

(5)Subsection 35(1) of the Regulatory Powers Act, as that subsection applies in relation to the provisions mentioned in subsection 50(1) and information mentioned in subsection 50(2) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is a member or special member of the Australian Federal Police, or an officer of Customs.

Period during which monitoring warrant may be in force

(6)Paragraph 32(4)(f) of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 50(1) and information mentioned in subsection 50(2) of this Act as if the reference in that paragraph to 3 months were a reference to 6 months.

Division 2A · Investigation powers

52Investigation powers#

Provisions subject to investigation

(1)A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

(a)a provision that creates an offence against this Act or the regulations; or

(b)a civil penalty provision of this Act or the regulations.

Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

Note 2: For paragraph (a), see the definition of offence against this Act or the regulations in section 7.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

(2)For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):

(a)the following provisions of the Customs Act 1901 are related to that evidential material:

(i)subsections 50(4) and (7) (prohibited imports);

(ii)subsections 112(2B) and (2BC) (prohibited exports); and

(b)an inspector is an authorised applicant; and

(c)an inspector is an authorised person; and

(d)a magistrate is an issuing officer; and

(e)the CEO is the relevant chief executive; and

(f)a designated court is a relevant court.

Person assisting

(3)An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).

Extension to external Territories

(4)Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

53Modifications of Part 3 of the Regulatory Powers Act#

Additional investigative powers

(1)The additional powers mentioned in subsection (2) are taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1).

(2)The additional investigation powers are:

(a)the power to take samples of any thing on premises entered under Part 3 of the Regulatory Powers Act; and

(b)the power to remove, test and analyse such samples; and

(c)the power to secure premises entered under Part 3 of the Regulatory Powers Act; and

(d)the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

(e)the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and

(f)if the authorised person has the power to seize a thing (the seizable thing) under Part 3 of the Regulatory Powers Act—the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the inspector reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container.

Return of containers

(3)Despite subsection 66(1) of the Regulatory Powers Act, the requirement under that subsection for the relevant chief executive to take reasonable steps to return a container or other thing, seized under the additional power mentioned in paragraph (2)(f) of this section, applies only from the following time:

(a)subject to paragraph (b) of this subsection—the time that requirement applies in relation to the seizable thing;

(b)if the seizable thing is the subject of a forfeiture notice under section 60A of this Act—the time:

(i)the seizable thing is returned under subsection 60B(5) of this Act; or

(ii)the seizable thing is forfeited to the Commonwealth under section 60C of this Act.

Note: Section 66 of the Regulatory Powers Act may not apply at all in relation to the container or other thing if the container or other thing is the subject of a forfeiture notice under section 60A of this Act: see subsection (4) of this section.

Goods subject to forfeiture notice

(4)Sections 66 to 69 of the Regulatory Powers Act do not apply to a thing seized under Part 3 of that Act if the thing is the subject of a forfeiture notice under section 60A of this Act.

Operating equipment etc. that may contain evidential material

(5)Subsection 50(1) of the Regulatory Powers Act is taken to include the power (subject to subsections 50(3) and (4) of that Act) to:

(a)operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 52(1) of this Act; and

(b)use a disk, tape or other storage device that:

(i)is on those premises; and

(ii)can be used with the equipment or is associated with it;

to find out whether the equipment, disk, tape or other storage device contains such evidential material.

When investigation warrant need not be announced

(6)An additional circumstance in which subsection 56(2) of the Regulatory Powers Act is taken to authorise an authorised person not to comply with subsection 56(1) of that Act, in relation to an entry to premises under an investigation warrant to search for evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is that the authorised person believes on reasonable grounds that immediate entry to the premises is required to prevent serious damage to the environment.

Note: Subsection 56(3) of the Regulatory Powers Act requires the authorised person’s identity card to be shown as soon as practicable after entering the premises if the authorised person does not comply with subsection 56(1) of that Act because of subsection 56(2) of that Act.

Use of force in executing an investigation warrant

(7)In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act:

(a)an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

(b)a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Identity cards

(8)A reference to an identity card in sections 55 and 56 and subsection 76(6) of the Regulatory Powers Act, as those provisions apply in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or an officer of Customs, as the case may be.

(9)Subsection 76(1) of the Regulatory Powers Act, as that subsection applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is a member or special member of the Australian Federal Police, or an officer of Customs.

54Directions about dealing with pressurised containers#

Directions

(1)The CEO may, by writing, direct an inspector to deal with a pressurised container seized under Part 3 of the Regulatory Powers Act (as that Part operates because of this Part), and its contents, in a manner specified in the direction. The inspector must comply with the direction.

(2)A direction under subsection (1) may require the pressurised container and its contents to be destroyed.

(3)A direction under subsection (1) may be given only:

(a)on application by an inspector; and

(b)if the CEO is satisfied that the pressurised container:

(i)constitutes a danger to public health and safety; or

(ii)may cause damage to the environment.

(4)If the CEO gives a direction under subsection (1), then sections 66 to 69 of the Regulatory Powers Act do not apply to the container or its contents.

(5)A direction under subsection (1) is not a legislative instrument.

Compensation

(6)If a pressurised container and its contents are destroyed under this section, the owner of the container may apply to a designated court for compensation.

(7)On application under subsection (6), the designated court must order the Commonwealth to pay compensation if the court is satisfied that the pressurised container is not, or did not contain, forfeitable goods.

(8)The amount of compensation ordered must be the market value of the pressurised container and its contents at the time they were destroyed.

Division 3 · Forfeiture of goods

Subdivision A · Forfeitable goods

57Forfeitable goods#

(1)For the purposes of this Act, the following are forfeitable goods:

(a)scheduled substances in respect of the manufacture of which person has contravened subsection 13(1);

(b)scheduled substances in respect of the import of which a person has contravened subsection 13AA(1);

(c)scheduled substances in respect of the export of which a person has contravened subsection 13AB(1);

(d)equipment that contains a scheduled substance, and the scheduled substance itself, if a person has contravened subsection 13(3), 13AA(3) or 13AB(3) in respect of the manufacture, import or export of the equipment;

(e)equipment that uses a scheduled substance in its operation, if a person has contravened subsection 13(5), 13AA(5) or 13AB(5) in respect of the manufacture, import or export of the equipment;

(f)a non-refillable container, and any scheduled substance it contains, if a person has contravened the licence condition specified in item 7 of the table in subsection 18(1) in respect of the import of the scheduled substance in the container;

(g)prescribed goods in respect of which a person has contravened a prescribed provision of the regulations.

(1A)Without limiting subsection (1), a person is taken to have contravened a provision for the purposes of that subsection if:

(a)the person is convicted of an offence against this Act or the regulations for a contravention of the provision; or

(b)a civil penalty order is made against the person for a contravention of the provision.

(2)For the purposes of this Act, goods are also forfeitable goods if:

(a)the goods are a quantity of scheduled substances or equipment; and

(b)the goods are mixed with another quantity of scheduled substances or equipment (the other quantity) of the same kind or a similar kind; and

(c)the other quantity is forfeitable goods.

Subdivision B · Forfeiture following conviction or making of civil penalty order

58Goods forfeited to Commonwealth#

(1)If a person is convicted of an offence against this Act or the regulations for a contravention of a provision referred to in subsection 57(1), all forfeitable goods to which the offence relates are, by force of the conviction, forfeited to the Commonwealth.

(2)If a civil penalty order is made against a person for a contravention of a provision referred to in subsection 57(1), all forfeitable goods to which the contravention relates are, by force of the order, forfeited to the Commonwealth.

59Power to seize forfeited goods#

(1)An inspector may seize goods that are forfeited under section 58.

(2)Without prejudice to any other method of seizing goods, goods may be seized under subsection (1) by an inspector attaching, or causing to be attached, to the goods, or to the container in which the goods are held, a notice in writing signed by the inspector and:

(a)identifying the goods;

(b)stating that the goods have been seized under this subsection; and

(c)specifying the reason for the seizure.

(3)An inspector who seizes goods in the manner referred to in subsection (2) shall, as soon as practicable, serve on the owner of the goods or the person who had possession, custody or control of the goods immediately before they were seized a copy of the notice under subsection (2).

60Persons not to move etc. seized goods#

Causing seized goods to be moved etc.

(1)A person contravenes this subsection if:

(a)the person engages in conduct; and

(b)the conduct causes goods to be moved, altered or interfered with; and

(c)the goods are the subject of a notice under subsection 59(2).

(2)Subsection (1) does not apply if the person engages in the conduct in accordance with a direction given to the person by the CEO.

Failing to take precautions to prevent moving etc. of seized goods

(3)A person contravenes this subsection if:

(a)the person is given under subsection 59(3) a copy of a notice under subsection 59(2); and

(b)the person fails to take all reasonable precautions, or to exercise all due diligence, to prevent the moving, alteration or interference with the goods to which the notice relates except in accordance with a direction given by the CEO.

Penalties

(4)A person commits an offence if the person contravenes subsection (1) or (3).

Note: The physical elements of an offence against this subsection are set out in the subsection contravened (see subsection 6B(3)).

Penalty: 500 penalty units.

(5)A person commits an offence of strict liability if the person contravenes subsection (1) or (3).

Penalty: 60 penalty units.

(6)A person is liable to a civil penalty if the person contravenes subsection (1) or (3).

Civil penalty: 600 penalty units.

Subdivision C · Forfeiture of seized goods

60AForfeiture notices#

(1)If:

(a)an inspector seizes goods under section 49 or 52 of the Regulatory Powers Act; and

(b)the inspector suspects, on reasonable grounds, that the goods are forfeitable goods;

the inspector may, within 7 days after the seizure, give a written notice (a forfeiture notice) to:

(c)the owner of the goods; or

(d)if the owner of the goods cannot be identified after reasonable inquiry—the person from whom the goods were seized.

(2)The forfeiture notice must:

(a)identify the goods; and

(b)state that the goods have been seized; and

(c)specify the reason for the seizure; and

(d)state that the goods will be forfeited to the Commonwealth unless:

(i)the owner of the thing, or the person from whom the thing was seized, applies to a designated court under section 60B within 60 days after the forfeiture notice is given; and

(ii)the court makes an order that the goods are not forfeitable goods; and

(e)specify the address of the CEO.

60BClaims that seized goods are not forfeitable goods#

(1)If a forfeiture notice is given under section 60A in relation to goods (the identified goods), either of the following persons:

(a)the owner of the goods;

(b)the person from whom the goods were seized;

may apply to a designated court for:

(c)an order that all of the identified goods are not forfeitable goods; or

(d)an order that specified identified goods are not forfeitable goods.

(2)The application must be made within 60 days after forfeiture notice is given.

(3)If a person applies for an order under paragraph (1)(c), the court must:

(a)make the order if it is satisfied that the identified goods are not forfeitable goods; or

(b)refuse to make the order if it is not satisfied that the identified goods are not forfeitable goods.

(4)If a person applies for an order under paragraph (1)(d), the court must:

(a)make the order if it is satisfied that the goods specified in the application are not forfeitable goods; or

(b)refuse to make the order if it is not satisfied that the goods specified in the application are not forfeitable goods.

(5)If the court makes an order under paragraph (3)(a) or (4)(a) in relation to goods, the inspector must take reasonable steps to return the goods to the applicant, unless:

(a)proceedings in respect of which the goods may afford evidence were instituted before the order was made and have not been completed (including an appeal to a court in relation to those proceedings); or

(b)to return the goods could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or

(c)an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the goods.

60CForfeiture of seized goods to the Commonwealth#

(1)If:

(a)a forfeiture notice has been given in relation to seized goods; and

(b)60 days pass after the notice is given, and an application under section 60B has not been made in relation to the goods;

the goods are forfeited to the Commonwealth at the end of the 60th day after the day the forfeiture notice was given.

(2)If:

(a)a forfeiture notice has been given in relation to seized goods; and

(b)within 60 days after the notice is given, an application under section 60B is made to a designated court for an order that the goods are not forfeitable goods; and

(c)the court refuses to make the order;

the goods are forfeited to the Commonwealth when the court refuses to make the order.

60DRight of compensation in certain circumstances#

(1)If:

(a)goods are seized under section 49 or 52 of the Regulatory Powers Act; and

(b)the goods are forfeited to the Commonwealth under section 60C of this Act;

the owner of the goods may apply to a designated court for compensation.

(2)On application under subsection (1), the court must order that the Commonwealth pay compensation to the owner of the goods if the court is satisfied that:

(a)the applicant is the owner of the goods; and

(b)either:

(i)Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, was not complied with in relation to the seizure of the goods; or

(ii)the goods were not forfeitable goods.

(3)The amount of compensation ordered must be the market value of the goods at the time the goods were forfeited.

Subdivision D · General provisions

60EForfeited goods become the property of the Commonwealth#

Goods that are forfeited to the Commonwealth under this Division become the property of the Commonwealth.

61Disposal of forfeited goods#

(1)Goods that are forfeited under section 58 or section 60C shall be dealt with and disposed of in accordance with the directions of the CEO.

(2)The forfeited goods must not be sold.

Note: Sections 66 to 69 of the Regulatory Powers Act do not apply to goods that are the subject of a forfeiture notice under section 60A of this Act: see subsection 53(4) of this Act.

Division 4 · Civil penalties

62Civil penalty provisions#

Enforceable civil penalty provisions

(1)Each civil penalty provision of this Act or the regulations is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

(2)For the purposes of Part 4 of the Regulatory Powers Act, the CEO is an authorised applicant in relation to the civil penalty provisions mentioned in subsection (1).

Relevant court

(3)For the purposes of Part 4 of the Regulatory Powers Act, a designated court is a relevant court in relation to the civil penalty provisions mentioned in subsection (1).

Extension to external Territories

(4)Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions mentioned in subsection (1), extends to every external Territory.

Liability of Crown

(5)To avoid doubt, subsection 5(2) of this Act does not prevent the Crown from being liable to pay a pecuniary penalty under a civil penalty order under Part 4 of the Regulatory Powers Act, as that Part applies in relation to this Act.

Division 5 · Infringement notices

63Infringement notices#

Provisions subject to an infringement notice

(1)The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:

(a)each provision of this Act or the regulations, contravention of which constitutes an offence of strict liability;

(b)each civil penalty provision of this Act or the regulations.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

(2)For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive

(3)For the purposes of Part 5 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to the provisions mentioned in subsection (1).

Extension to external Territories

(4)Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 6 · Enforceable undertakings

64Enforceable undertakings#

Enforceable provisions

(1)The provisions of this Act and the regulations are enforceable under Part 6 of the Regulatory Powers Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

(2)For the purposes of Part 6 of the Regulatory Powers Act, the CEO is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

(3)For the purposes of Part 6 of the Regulatory Powers Act, a designated court is a relevant court in relation to the provisions mentioned in subsection (1).

Extension to external Territories

(5)Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 7 · Injunctions

64AInjunctions#

Enforceable provisions

(1)The provisions of this Act and the regulations are enforceable under Part 7 of the Regulatory Powers Act.

Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

(2)For the purposes of Part 7 of the Regulatory Powers Act, the CEO is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

(3)For the purposes of Part 7 of the Regulatory Powers Act, a designated court is a relevant court in relation to the provisions mentioned in subsection (1).

Extension to external Territories

(4)Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 8 · Notices to produce

64BCEO may require person to provide information etc.#

Scope

(1)This section applies if the CEO believes, on reasonable grounds, that a person is capable of giving information, or producing any document, that is relevant for the purposes of investigating or preventing:

(a)an offence against this Act or the regulations; or

(b)a contravention of a civil penalty provision of this Act or the regulations.

Note: For paragraph (a), see the definition of offence against this Act or the regulations in section 7.

Notice to produce

(2)The CEO may, by written notice, require the person to give the information, or produce the document, to an inspector.

(3)The notice must specify the following:

(a)how the person is to give the information or produce the document;

(b)the period (which must be at least 14 days after the day the notice is given) within which the person is to give the information or produce the document;

(c)the effect of subsection (4) and sections 137.1 and 137.2 of the Criminal Code.

(4)A person contravenes this subsection if:

(a)the person is given a notice under subsection (2); and

(b)the person fails to comply with the notice within the period specified in the notice.

Strict liability offence

(5)A person commits an offence of strict liability if the person contravenes subsection (4).

Penalty: 30 penalty units.

Civil penalty

(6)A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty: 30 penalty units.

Individuals not excused from giving information or producing documents in certain circumstances

(7)An individual is not excused from giving information or producing a document under this section on the ground that giving the information or producing the document might tend to incriminate the individual in relation to an offence.

Note: A body corporate is not entitled to claim the privilege against self-incrimination.

(8)However:

(a)the information given or document produced; and

(b)the giving of the information or the production of the document; and

(c)any information, document or thing obtained as a direct or indirect consequence of the giving of the information or the production of the document;

are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against:

(d)this section; or

(e)section 137.1 or 137.2 of the Criminal Code that relates to this section.

(9)If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving information or producing a document under this section, the individual is not excused from giving the information or producing the document under this section on that ground.

Note: A body corporate is not entitled to claim the privilege against self-exposure to a penalty.

Part VIIIA · Ozone Protection and SGG Account

65Simplified outline of this Part#

This Part continues in existence the Ozone Protection and SGG Account, which is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

Amounts are credited to the Account from the following sources:

(a) application fees received by the Commonwealth under this Act or the regulations;

(b) levy amounts received by the Commonwealth under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 or the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;

(d) interest received by the Commonwealth from the investment of money standing to the credit of the Account.

The purposes of the Account include paying or reimbursing the Commonwealth’s costs associated with the following:

(a) administering this Act and the regulations;

(b) furthering certain programs to phase out or phase down, or minimise emissions of, scheduled substances;

(d) research relating to ozone depleting substances or SGGs.

65ADefinitions#

In this Part:

Account means the Ozone Protection and SGG Account that is continued in existence by subsection 65B(1).

National Halon Bank means the Commonwealth facility known as the National Halon Bank.

65BOzone Protection and SGG Account#

(1)The old account is continued in existence as the Ozone Protection and SGG Account.

(2)The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

(3)In this section:

old account means the account that was in existence immediately before the commencement of this section under the Part VIIIA of this Act that was repealed by the Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Act 2003.

65CAmounts to be credited to the Account#

(1)Amounts equal to the following amounts must be credited to the Account:

(a)amounts received by the Commonwealth under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 or the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;

(b)amounts received by the Commonwealth as fees for applications under this Act or the regulations;

(e)income received by the Commonwealth from the operation of the National Halon Bank;

(f)interest received by the Commonwealth from the investment of money standing to the credit of the Account.

Notional payments and receipts by non-corporate Commonwealth entities

(2)If:

(a)either:

(i)a non-corporate Commonwealth entity makes a notional payment to another non-corporate Commonwealth entity; or

(ii)one part of a non-corporate Commonwealth entity makes a notional payment to another part of that entity; and

(b)the transaction would involve the debiting of an appropriation if the notional payment were a real payment;

then:

(c)this section applies in relation to the notional payment as if it were a real payment; and

(d)this section applies in relation to the notional receipt of the notional payment as if it were a real receipt.

Note: This subsection applies to transactions that do not actually involve payments or receipts, because the parties to the transaction (non-corporate Commonwealth entities) are merely parts of the Commonwealth.

(3)In subsection (2):

non-corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

65DPurposes of the Account#

The following are the purposes of the Account:

(a)paying or reimbursing the Commonwealth’s costs associated with the administration of this Act and the regulations;

(b)paying or reimbursing the Commonwealth’s costs associated with furthering the following programs (including providing information about those programs):

(i)programs to phase out or phase down scheduled substances;

(ii)emission minimisation programs for scheduled substances;

(c)paying or reimbursing the Commonwealth’s costs associated with management of the National Halon Bank;

(ca)paying or reimbursing the Commonwealth’s costs associated with research relating to:

(i)substances that deplete ozone in the atmosphere; or

(ii)synthetic greenhouse gases;

(d)refunding any amounts credited to the Account in error;

(e)refunding or remitting, in accordance with regulations made for the purposes of subsection 70(4), amounts received by the Commonwealth as fees for applications under this Act or the regulations.

Part VIIIB · Information sharing

Division 1 · Outline of this Part

65ESimplified outline of this Part#

This Part regulates the disclosure and use of information (referred to as relevant information) obtained under this Act (or the Regulatory Powers Act as it applies in relation to this Act) by any of the following persons (referred to as entrusted persons):

(a) the Minister;

(b) the Secretary;

(d) any other person employed in, or engaged by, the Department.

The Minister may disclose relevant information to Commonwealth entities, State or Territory government bodies, and certain enforcement bodies, subject to certain conditions. In addition, the Minister may use or disclose relevant information to prevent or lessen a serious risk to human health or the environment.

An entrusted person may use or disclose relevant information for certain other purposes, including for the purposes of this and certain other Acts.

A person may commit an offence or be liable to a civil penalty if the person uses or discloses certain kinds of relevant information other than in accordance with this Part.

Division 2 · Authorised uses and disclosures by Minister

65FDisclosure of relevant information to Commonwealth entities#

The Minister may disclose relevant information to a Commonwealth entity if the Minister is satisfied the disclosure is for the purposes of assisting the entity to perform its functions or exercise its powers.

65GDisclosure of relevant information to State or Territory government body#

The Minister may disclose relevant information to a State or Territory government body if:

(a)the Minister reasonably believes that the disclosure of the information is necessary for the purposes of:

(i)the Minister performing functions, or exercising powers, under this Act; or

(ii)the administration of a State or Territory law; and

(b)the State or Territory government body has undertaken not to use or further disclose the information except in accordance with an agreement that:

(i)is in force between the Commonwealth and the State or Territory; and

(ii)applies in relation to the information; and

(c)the Minister is satisfied that the information will be used and further disclosed only in accordance with the agreement.

65HDisclosure for the purposes of law enforcement#

(1)The Minister may disclose relevant information to an enforcement body if:

(a)the Minister reasonably believes that the disclosure of the information is necessary for:

(i)the enforcement of the criminal law; or

(ii)the enforcement of a law imposing a pecuniary penalty; or

(iii)the protection of public revenue; and

(b)the functions of that body include that enforcement or protection.

(2)Each of the following is an enforcement body:

(a)a Commonwealth entity;

(b)a State or Territory government body;

(c)the Australian Federal Police;

(d)the police force or police service of a State or Territory.

65JUse or disclosure to reduce serious risk to human health#

The Minister may use or disclose relevant information if the Minister reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to human health.

65KUse or disclosure to reduce serious risk to the environment#

The Minister may use or disclose relevant information if the Minister reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to the environment.

Division 3 · Authorised uses and disclosures by entrusted persons

65LUse or disclosure for the purposes of an Act#

An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of this Act or another Act administered by the Minister.

65MPublicly available information#

An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.

65NPerson to whom information relates#

An entrusted person may disclose relevant information to the person to whom the information relates.

65PUse or disclosure with consent#

An entrusted person may use or disclose relevant information that relates to a person if:

(a)the person has consented to the use or disclosure; and

(b)the use or disclosure is in accordance with that consent.

65QPerson who provided information#

An entrusted person may disclose relevant information to the person who provided the information.

65RSummaries or statistics#

An entrusted person may use or disclose:

(a)summaries of relevant information; or

(b)statistics derived from relevant information;

if those summaries or statistics do not enable the identification of a person.

65SDisclosure to a court, tribunal etc.#

An entrusted person may disclose relevant information, or a document containing relevant information:

(a)for the purposes of proceedings before:

(i)a court; or

(ii)a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or

(b)in accordance with an order of a court or such a tribunal, authority or person.

65TUse for the purposes of disclosure#

An entrusted person may use relevant information for the purpose of disclosing the relevant information under this Division.

Division 4 · Offences

65UUnauthorised use or disclosure of protected information—entrusted person#

Unauthorised use or disclosure

(1)A person contravenes this subsection if:

(a)the person is, or has been, an entrusted person; and

(b)the person has obtained relevant information in the person’s capacity as an entrusted person; and

(c)the information is protected information; and

(d)the person uses or discloses the information.

Exceptions

(2)However, subsection (1) does not apply if the use or disclosure is authorised or required by:

(a)this Act; or

(b)any other law of the Commonwealth; or

(c)a prescribed law of a State or a Territory.

Fault-based offence

(3)A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence

(4)A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(5)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.

65VUnauthorised use or disclosure of protected information—official of Commonwealth entity#

(1)A person contravenes this subsection if:

(a)the person is, or has been, an official of a Commonwealth entity; and

(b)the person has obtained relevant information in the person’s capacity as an official of the entity; and

(c)the information is protected information that was disclosed to the entity under section 65F; and

(d)the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.

Fault-based offence

(2)A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence

(3)A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(4)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.

Part VIIIC · Review of decisions

65WSimplified outline of this Part#

Certain decisions made under this Act are reviewable under this Part.

The applicant or licensee in relation to a reviewable decision made by a delegate may apply to the CEO for the decision to be reconsidered. If the decision is to be reconsidered by a delegate, the delegate must not have been involved in making the original decision. After reconsidering the original decision, the CEO or delegate must affirm, vary or set aside the original decision.

Applications may be made to the Administrative Review Tribunal for review of:

(a) a reviewable decision made by the CEO personally; or

(b) a decision made on a reconsideration of a reviewable decision.

65XReviewable decisions#

(1)Each of the following decisions of the CEO is a reviewable decision:

(a)a decision under section 16 to refuse to grant a licence (including a decision that is taken to have been made under section 17);

(b)a decision under section 18 to impose, revoke or vary a licence condition;

(c)a decision under section 19AC to refuse to renew a licence (including a decision that is taken to have been made under section 19AD);

(e)a decision under section 19B to refuse to transfer a licence;

(f)a decision under section 19C to refuse to amend a licence;

(g)a decision under subsection 19D(1) to suspend a licence;

(h)a decision under subsection 19D(3) to specify either or both of the following in a suspension notice given under that subsection:

(i)actions the licensee must take for the suspension to end;

(ii)a fixed period for the suspension;

(i)a decision under paragraph 19D(7)(a) to vary a suspension notice;

(j)a decision under section 20 to cancel a licence;

(k)a decision under section 28 to allocate, or refuse to allocate, a quota;

(l)a decision under section 33 to vary or revoke a reserve HCFC quota;

(m)a decision under section 35A to direct a licensee to export a quantity of HCFCs;

(n)a decision under section 36H to direct an SGG licensee to export a quantity of HFCs.

The CEO is the reviewer for the decision.

(2)A decision of the Minister under section 19A to terminate a licence is also a reviewable decision. The Minister is the reviewer for the decision.

65YNotification of reviewable decisions etc.#

(1)As soon as practicable after a reviewable decision is made, the reviewer must give the applicant or licensee concerned a written notice of the decision containing:

(a)the reasons for the decision; and

(b)details of the applicant’s or licensee’s right to have the decision reconsidered under section 65ZA or to apply for review of the decision under section 65ZC (as the case requires).

(2)A notice is taken to have been given under subsection (1) if the reasons, and details mentioned in paragraph (1)(b), are contained in a written notice of the reviewable decision under another provision of this Act.

(3)Failure to give a notice under subsection (1) (including as mentioned in subsection (2)) in relation to a reviewable decision does not affect the validity of the reviewable decision.

65ZReconsideration of reviewable decisions—application for reconsideration#

(1)An applicant or licensee may apply to the reviewer to reconsider a reviewable decision (the original decision) made in relation to the applicant or licensee, other than:

(a)a reviewable decision made by the reviewer personally; or

(b)a reconsideration decision.

(2)The application must:

(a)be in writing; and

(b)be made within:

(i)21 days after the day on which the original decision is made (or taken to have been made); or

(ii)if, either before or after the end of that 21-day period, the reviewer extends the period within which the application may be made—the extended period; and

(c)set out the reasons why the applicant or licensee wants the original decision reconsidered.

65ZAReconsideration of reviewable decisions—conducting the reconsideration#

Conducting reconsideration

(1)On receiving an application under section 65Z, the reviewer must reconsider the original decision.

(2)If a delegate of the reviewer is to reconsider the original decision, the delegate must:

(a)not have been involved in making the original decision; and

(b)except in the case of a decision taken to have been made under section 17 or 19AD—occupy a position that is at least as senior as that occupied by the person who made the original decision.

Seeking further information

(3)The reviewer may, by written notice, require the applicant or licensee to give the reviewer further information about the application for reconsideration.

(4)If further information is sought, the applicant or licensee must provide the requested information within 30 days after the day notice is given under subsection (3).

65ZBReconsideration of reviewable decisions—reconsideration decision#

Decision on reconsideration

(1)After reconsidering the original decision, the reviewer:

(a)must affirm, vary or set aside the original decision; and

(b)if the original decision is set aside—may make such other decision as the reviewer thinks appropriate.

Notice of reconsideration decision

(2)As soon as practicable after making a decision under subsection (1) (the reconsideration decision), the reviewer must give the applicant or licensee written notice of the reconsideration decision containing:

(a)reasons for the reconsideration decision; and

(b)details of the applicant’s or licensee’s right to apply for review of the reconsideration decision under section 65ZC.

(3)Failure to give a notice under subsection (2) in relation to the reconsideration decision does not affect the validity of the reconsideration decision.

When reconsideration decision takes effect

(4)The reconsideration decision takes effect:

(a)on the day specified in the notice of the reconsideration decision given under subsection (2); or

(b)if a day is not specified—on the day the reconsideration decision is made, or taken to have been made (see subsection (5)).

Original decision taken to be affirmed if no decision made

(5)The reviewer is taken to have made a reconsideration decision affirming the original decision if the reviewer does not make a reconsideration decision on the application before the end of whichever of the following periods is applicable:

(a)the period of 60 days starting on the day after the application for reconsideration was made, unless paragraph (b) or (c) applies;

(b)if the reviewer has requested further information by a notice given under subsection 65ZA(3) and such information is provided—the period of 60 days starting on the day after the information is provided;

(c)if the reviewer has requested further information by a notice given under subsection 65ZA(3) and such information is not provided—the period of 90 days starting on the day after the notice was given under that subsection.

65ZCReview of decisions by Administrative Review Tribunal#

Applications may be made to the Administrative Review Tribunal for review of the following decisions:

(a)a reviewable decision made by the reviewer personally;

(b)a reconsideration decision.

Part IX · Miscellaneous

66Simplified outline of this Part#

This Part deals with miscellaneous matters, such as approved forms, delegations, annual reports, collection of levies, constitutional matters and regulations.

66AApproved forms#

(1)The Minister or CEO may, in writing, approve a form for the purposes of a provision of this Act that confers a power or function on the Minister or CEO, as applicable.

(2)An approved form of an application may provide for verification by statutory declaration of statements made in the application.

67ADelegation by the Minister#

(1)The Minister may, by writing, delegate all or any of his or her powers and functions under this Act or the regulations to:

(aa)the Secretary; or

(a)an SES employee or acting SES employee in the Department; or

(b)an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.

(2)Subsection (1) does not apply to the Minister’s powers under section 19A.

(3)In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

68Annual report#

(1)The Minister shall:

(a)as soon as practicable after the end of each financial year, prepare a report on the operation of this Act during that year; and

(b)cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the preparation of the report is completed.

(2)If this Act does not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of this Act and ending on the next 30 June as if:

(a)if the period is less than 6 months—the period were included in the next financial year; or

(b)in any other case—the period were a financial year.

69Collection of licence levies#

(1)A licence levy is due and payable:

(a)at the end of 90 days after the end of the reporting period to which the levy relates; or

(b)if the CEO allows the licensee concerned a longer period—at the end of that longer period.

(2)A licence levy is:

(a)a debt due to the Commonwealth by the licensee concerned; and

(b)may be recovered by the CEO, on behalf of the Commonwealth, by action in a designated court.

(3)A licence levy in relation to a reporting period is not payable by a licensee if the total of the licence levies that would be payable by the licensee in relation to the reporting period, apart from this subsection, is less than or equal to the amount (if any) prescribed by the regulations for the purposes of this subsection.

(4)In this section:

licence levy means levy payable under:

(a)the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995; or

(b)the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;

and includes any amount payable under either of those Acts as in force before the commencement of the Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Act 2003.

69AImplementation of Montreal Protocol—supplementary regulations#

(1)The regulations may make provision for and in relation to giving effect to an adjustment or amendment of the Montreal Protocol, in so far as the adjustment or amendment relates to a substance other than a scheduled substance (whether that substance exists alone or in a mixture).

(2)Regulations made by virtue of subsection (1) in relation to an adjustment or amendment of the Montreal Protocol that has not entered into force for Australia must not come into operation on a date earlier than the date on which the adjustment or amendment entered into force for Australia.

69BConstitutional basis of this Act#

This Act (other than Part VIIIB) relies on the Commonwealth’s legislative powers under paragraph 51(xxix) (external affairs) of the Constitution as it relates to giving effect to Australia’s obligations under relevant international agreements, in particular:

(a)the Vienna Convention; and

(b)the Montreal Protocol; and

(c)the Framework Convention on Climate Change; and

(d)the Kyoto Protocol; and

(e)the Paris Agreement.

Note: Part VIIIB is about information sharing. That Part relies on a range of legislative powers of the Commonwealth.

69BAAdditional operation of this Act#

Additional operation of this Act in relation to particular activities

(1)In addition to section 69B, this Act also has effect as provided by this section in relation to the following activities:

(a)manufacturing, importing or exporting a substance, scheduled substance or type of scheduled substance;

(b)distributing, disposing of, purchasing or acquiring a substance, scheduled substance or type of scheduled substance;

(c)storing, using or handling a substance, scheduled substance or type of scheduled substance;

(d)engaging in conduct that results in the discharge of a substance, scheduled substance or type of scheduled substance;

(e)recovering, recycling or destroying a substance, scheduled substance or type of scheduled substance.

(2)In addition to section 69B, this Act also has effect as provided by this section in relation to the manufacture, import or export of equipment, or a kind of equipment, that:

(a)uses a scheduled substance in its operation; or

(b)contains a scheduled substance.

Corporations

(3)This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to such an activity carried out by a corporation to which paragraph 51(xx) of the Constitution applies.

Territories

(4)This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to:

(a)such an activity carried out by a body corporate that is incorporated in a Territory; or

(b)such an activity carried out in a Territory.

Trade and commerce

(5)This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to such an activity carried out in the course of:

(a)trade and commerce between Australia and places outside Australia; or

(b)trade and commerce among the States; or

(c)trade and commerce between a State and a Territory.

Agencies of the Commonwealth

(6)This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to:

(a)such an activity carried out in the supply of goods or services to the Commonwealth, or a corporate Commonwealth entity or a Commonwealth company (both within the meaning of the Public Governance, Performance and Accountability Act 2013); or

(b)such an activity carried out by the Commonwealth, or a corporate Commonwealth entity or a Commonwealth company (both within the meaning of that Act).

Communications

(7)This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to such an activity undertaken using a service to which paragraph 51(v) of the Constitution applies.

69CJurisdiction of State courts#

(1)The courts of the States are invested with federal jurisdiction in relation to matters arising under:

(a)this Act; and

(b)the regulations.

(2)Jurisdiction is invested under subsection (1) within the limits (other than limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).

69DJurisdiction of Territory courts#

(1)Jurisdiction is conferred on the courts of the Territories in relation to matters arising under:

(a)this Act; and

(b)the regulations.

(2)Jurisdiction is conferred under subsection (1):

(a)only so far as the Constitution permits; and

(b)within the limits (other than limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).

69ECompensation for acquisition of property#

(1)If the operation of this Act or the regulations, or the Regulatory Powers Act as that Act operates because of this Act, would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

70Regulations#

(1)The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

(a)required or permitted by this Act to be prescribed; or

(b)necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Offences

(2)The regulations may prescribe penalties, not exceeding a fine of 50 penalty units, for offences against the regulations.

Civil penalty provisions

(3)The regulations may prescribe pecuniary penalties, not exceeding 60 penalty units, for contravening civil penalty provisions in the regulations.

Fees

(4)The regulations may provide for:

(a)the charging and recovery of fees for applications under this Act or the regulations (including by non-government bodies); and

(b)the remission, refund or waiver of those fees, or the exemption of persons from payment of those fees.

(5)A fee must not be such as to amount to taxation.

Incorporation etc. of international agreements etc.

(6)Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating any matter contained in the following as in force or existing from time to time:

(a)the Vienna Convention;

(b)the Montreal Protocol;

(c)the Framework Convention on Climate Change;

(d)the Kyoto Protocol;

(e)the Paris Agreement;

(f)a decision adopted or made under an international agreement covered by any of paragraphs (a) to (e).

Schedule 1 · Scheduled substances

Note: See section 7.

1CFCs#

For the purposes of the definitions of CFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

CFCs
Item	Column 1Substance	Column 2Ozone depleting potential
1	Trichlorofluoromethane (CFC-11)	1.0
2	Dichlorodifluoromethane (CFC-12)	1.0
3	CF3Cl (CFC-13)	1.0
4	C2FCl5 (CFC-111)	1.0
5	C2F2Cl4 (CFC-112)	1.0
6	Trichlorotrifluoroethane (CFC-113)	0.8
7	Dichlorotetrafluoroethane (CFC-114)	1.0
8	(Mono) chloropentafluoroethane (CFC-115)	0.6
9	C3FCl7 (CFC-211)	1.0
10	C3F2Cl6 (CFC-212)	1.0
11	C3F3Cl5 (CFC-213)	1.0
12	C3F4Cl4 (CFC-214)	1.0
13	C3F5Cl3 (CFC-215)	1.0
14	C3F6Cl2 (CFC-216)	1.0
15	C3F7Cl (CFC-217)	1.0

2Halons#

For the purposes of the definitions of halon and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

Halons
Item	Column 1Substance	Column 2Ozone depleting potential
1	Bromochlorodifluoromethane (Halon-1211)	3.0
2	Bromotrifluoromethane (Halon-1301)	10.0
3	Dibromotetrafluoroethane (Halon-2402)	6.0

3Carbon tetrachloride#

For the purposes of the definition of scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

Carbon tetrachloride
Item	Column 1Substance	Column 2Ozone depleting potential
1	Carbon tetrachloride (CCl4)	1.1

4Methyl chloroform#

Methyl chloroform
Item	Column 1Substance	Column 2Ozone depleting potential
1	1,1,1-trichloroethane (C2H3Cl3)	0.1

Note: The formula C2H3Cl3 does not refer to 1,1,2-trichloroethane.

5HCFCs#

For the purposes of the definitions of HCFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item and the 100-year global warming potential for the substance (if any) is specified in column 3 of the item.

HCFCs
Item	Column 1Substance	Column 2Ozone depleting potential	Column 3100-year global warming potential
1	CHFCl2 (HCFC-21)	0.04	151
2	CHF2Cl (HCFC-22)	0.055	1,810
3	CH2FCl (HCFC-31)	0.02
4	C2HFCl4 (HCFC-121)	0.04
5	C2HF2Cl3 (HCFC-122)	0.08
6	C2HF3Cl2 (HCFC-123)	0.06
7	CHCl2CF3 (HCFC-123)	0.02	77
8	C2HF4Cl (HCFC-124)	0.04
9	CHFClCF3 (HCFC-124)	0.022	609
10	C2H2FCl3 (HCFC-131)	0.05
11	C2H2F2Cl2 (HCFC-132)	0.05
12	C2H2F3Cl (HCFC-133)	0.06
13	C2H3FCl2 (HCFC-141)	0.07
14	CH3CFCl2 (HCFC-141b)	0.11	725
15	C2H3F2Cl (HCFC-142)	0.07
16	CH3CF2Cl (HCFC-142b)	0.065	2,310
17	C2H4FCl (HCFC-151)	0.005
18	C3HFCl6 (HCFC-221)	0.07
19	C3HF2Cl5 (HCFC-222)	0.09
20	C3HF3Cl4 (HCFC-223)	0.08
21	C3HF4Cl3 (HCFC-224)	0.09
22	C3HF5Cl2 (HCFC-225)	0.07
23	CF3CF2CHCl2 (HCFC-225ca)	0.025	122
24	CF2ClCF2CHClF (HCFC-225cb)	0.033	595
25	C3HF6Cl (HCFC-226)	0.1
26	C3H2FCl5 (HCFC-231)	0.09
27	C3H2F2Cl4 (HCFC-232)	0.1
28	C3H2F3Cl3 (HCFC-233)	0.23
29	C3H2F4Cl2 (HCFC-234)	0.28
30	C3H2F5Cl (HCFC-235)	0.52
31	C3H3FCl4 (HCFC-241)	0.09
32	C3H3F2Cl3 (HCFC-242)	0.13
33	C3H3F3Cl2 (HCFC-243)	0.12
34	C3H3F4Cl (HCFC-244)	0.14
35	C3H4FCl3 (HCFC-251)	0.01
36	C3H4F2Cl2 (HCFC-252)	0.04
37	C3H4F3Cl (HCFC-253)	0.03
38	C3H5FCl2 (HCFC-261)	0.02
39	C3H5F2Cl (HCFC-262)	0.02
40	C3H6FCl (HCFC-271)	0.03

6HBFCs#

For the purposes of the definitions of HBFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

HBFCs
Item	Column 1Substance	Column 2Ozone depleting potential
1	CHFBr2	1.0
2	CHF2Br (HBFC-22B1)	0.74
3	CH2FBr	0.73
4	C2HFBr4	0.8
5	C2HF2Br3	1.8
6	C2HF3Br2	1.6
7	C2HF4Br	1.2
8	C2H2FBr3	1.1
9	C2H2F2Br2	1.5
10	C2H2F3Br	1.6
11	C2H3FBr2	1.7
12	C2H3F2Br	1.1
13	C2H4FBr	0.1
14	C3HFBr6	1.5
15	C3HF2Br5	1.9
16	C3HF3Br4	1.8
17	C3HF4Br3	2.2
18	C3HF5Br2	2.0
19	C3HF6Br	3.3
20	C3H2FBr5	1.9
21	C3H2F2Br4	2.1
22	C3H2F3Br3	5.6
23	C3H2F4Br2	7.5
24	C3H2F5Br	1.4
25	C3H3FBr4	1.9
26	C3H3F2Br3	3.1
27	C3H3F3Br2	2.5
28	C3H3F4Br	4.4
29	C3H4FBr3	0.3
30	C3H4F2Br2	1.0
31	C3H4F3Br	0.8
32	C3H5FBr2	0.4
33	C3H5F2Br	0.8
34	C3H6FBr	0.7

7Methyl bromide#

For the purposes of the definitions of methyl bromide and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

Methyl bromide
Item	Column 1Substance	Column 2Ozone depleting potential
1	CH3Br	0.6

8Bromochloromethane#

Bromochloromethane
Item	Column 1Substance	Column 2Ozone depleting potential
1	CH2BrCl	0.12

9HFCs#

For the purposes of the definitions of HFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The 100-year global warming potential for the substance is specified in column 2 of the item.

HFCs
Item	Column 1Substance	Column 2100-year global warming potential
1	CHF3 (HFC-23)	14,800
2	CH2F2 (HFC-32)	675
3	CH3F (HFC-41)	92
4	CHF2CF3 (HFC-125)	3,500
5	CHF2CHF2 (HFC-134)	1,100
6	CH2FCF3 (HFC-134a)	1,430
7	CHF2CH2F (HFC-143)	353
8	CF3CH3 (HFC-143a)	4,470
9	CH2FCH2F (HFC-152)	53
10	CH3CHF2 (HFC-152a)	124
11	CF3CHFCF3 (HFC-227ea)	3,220
12	CH2FCF2CF3 (HFC-236cb)	1,340
13	CHF2CHFCF3 (HFC-236ea)	1,370
14	CF3CH2CF3 (HFC-236fa)	9,810
15	CH2FCF2CHF2 (HFC-245ca)	693
16	CHF2CH2CF3 (HFC-245fa)	1,030
17	CF3CH2CF2CH3 (HFC-365mfc)	794
18	CF3CHFCHFCF2CF3 (HFC-43-10mee)	1,640

10PFCs#

For the purposes of the definitions of PFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table.

PFCs
Item	Substance
1	CF4 (PFC-14)
2	C2F6 (PFC-116)
3	C3F8 (PFC-218)
4	C4F10 (PFC-3-1-10)
5	c-C4F8 (PFC-318)
6	C5F12 (PFC-4-1-12)
7	C6F14 (PFC-5-1-14)
8	C10F18 (PFC-9-1-18)

11Sulfur hexafluoride#

For the purposes of the definitions of sulfur hexafluoride and scheduled substance in section 7, this clause covers sulfur hexafluoride (SF6).

12Nitrogen trifluoride#

For the purposes of the definitions of nitrogen trifluoride and scheduled substance in section 7, this clause covers nitrogen trifluoride (NF3).

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Connections

Defined terms · 100

History · 1 version

Key facts

1Short title#

2Commencement#

3Objectives#

3ASimplified outline of this Act#

4Saving of certain State and Territory laws#

5Act to bind the Crown#

6Extension to external Territories#

6AApplication of the Criminal Code#

6BContravening an offence provision or a civil penalty provision#

7AASimplified outline of this Part#

7Definitions#

8ALicence periods#

9References to scheduled substances and equipment#

9AAUsed substances#

9AQuantities expressed in CO2e megatonnes#

10Quantities expressed in ODP tonnes#

12Recycling of scheduled substances#

12ASimplified outline of this Part#

12BImport or export of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft#

13Prohibition—unlicensed manufacture of scheduled substance or equipment#

13AAProhibition—unlicensed import of scheduled substance or equipment#

13ABProhibition—unlicensed export of scheduled substance or equipment#

13ACPenalties for unlicensed manufacture, import or export of scheduled substances or equipment#

13ALicences and what they allow#

13BFit and proper person considerations#

14Application for licence#

15Request for further information#

16Grant of licence#

17Deemed refusal of licence#

18Conditions of licences#

19Duration of licences#

19AAApplication for renewal of licence#

19ABRequest for further information#

19ACDecision on application#

19ADDeemed refusal of renewal#

19AEDeemed application for new licence#

19ATermination of licences#

19BTransfer of licences#

19CAmendment of licence at request of licensee#

19DSuspension of licence#

20Cancellation of licence#

21Surrender of licence#

22Publication of information regarding licences etc.#

22ASimplified outline of this Part#

23Meaning of licenceand licensee#

23AHCFC quota periods#

24How to work out HCFC industry limits#

25How to work out reserve HCFC quota limits#

25ARegulated HCFC activities#

26Start of first HCFC quota period#

27Application for quota#

28Allocation of quota#

29Limits on power to allocate reserve HCFC quotas#

30Duration of quotas#

31HCFC quota sizes#

32Reserve HCFC quota sizes#

33Reserve HCFC quotas: variation or revocation#

34Quotas cease when licences cease#

35Transfer of quotas#

35ADirection to export HCFCs if quota exceeded#

36Simplified outline of this Part#

36AHFC industry limit#

36BRegulated HFC activities#

36CApplications, allocation and size of HFC quotas#

36DDuration of HFC quotas#

36EQuotas cease when licences cease#

36FTransfer of quotas#

36GReserve HFC quotas#

36HDirection to export HFCs if quota exceeded#