Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 1)1
Select Legislative Instrument 2012 No. 110
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
Dated 14 June 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
DON FARRELL
Parliamentary Secretary for Sustainability and Urban Water
1 Name of regulation
This regulation is the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 1).
2 Commencement
This regulation commences on 1 July 2012.
3 Amendment of Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995
Schedule 1 amends the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.
Schedule 1 Amendments
(section 3)
[1] After Part 1
insert
Part 2 Terms used in the Act
2A SGG equipment
For paragraph 8D (1) (c) of the Act, the definition of SGG equipment does not include:
(a) imported foam equipment or products (other than expanding polyurethane foam aerosols); or
(b) foam equipment or products (other than expanding polyurethane foam aerosols) included in other imported products or equipment.
[2] Part 3, heading
substitute
Part 3 Licences
Note The numbers of the Parts in these Regulations correspond to those in the Act.
[3] Regulation 3
substitute
3 Circumstances and conditions for unlicensed manufacture, import or export
(1) For subsection 13 (1A) of the Act, the following circumstances are prescribed:
(a) in the case of the manufacture or import of an SGG by a person—that a permit for the manufacture or import of the quantity and kind of the SGG has been granted to the person under regulation 3A;
(b) in the case of the manufacture of an SGG—that the manufacture consists of the formation of the SGG as a by‑product of the manufacture of aluminium.
(2) For subparagraph 13 (6A) (b) (ii) of the Act, the following equipment is prescribed:
(a) any air-conditioning equipment contained in a motor vehicle, watercraft or aircraft;
(b) any other air-conditioning equipment;
(c) a heat pump;
(d) any medical equipment;
(e) a part or component that contains an SGG or a substance referred to in any of Parts I to VIII of Schedule 1 to the Act (other than a separately imported motor vehicle part);
(f) any personal, household or food products;
(g) any refrigeration equipment;
(h) any safety equipment.
(3) For subparagraph 13 (6A) (b) (iii) of the Act, the following conditions are prescribed:
(a) that the person comply with any notice from the Secretary requesting evidence that:
(i) the equipment has been owned for more than 12 months wholly or principally for private or domestic use before importation; and
(ii) the equipment is imported wholly or principally for private or domestic use;
(b) that the person comply within 30 days of receiving the notice.
(4) However, the evidence in subparagraph (3) (a) (i) is not prescribed for equipment mentioned in paragraph (2) (d).
[4] Paragraph 4 (2) (c)
substitute
(c) the conditions (if any) imposed on the licence; and
(d) the date on which the licence was granted, cancelled or surrendered; and
(e) the date on which the licence expires.
[5] Regulation 900
substitute
900 Manufacture, import or export of scheduled substances (other than SGGs and substances in ODS equipment or SGG equipment)
(1) For subsection 46 (1) of the Act, a report given by a person to the Minister, must be prepared in accordance with this regulation.
(2) The person must keep a copy of the report for 5 years from the date the report is submitted to the Minister.
(3) The report must state the following:
(a) the name and address of the person;
(b) the combination of numbers, letters or symbols used to provide a unique identifier for the licence granted to the person under section 16 of the Act;
(c) the quarter to which the report relates;
(d) the kind of scheduled substance, other than SGGs, manufactured, imported or exported;
(e) the amount of scheduled substance, other than SGGs, in metric tonnes manufactured, imported or exported.
[6] Regulation 901
substitute
901 Manufacture, Import or export of SGGs, ODS equipment or SGG equipment
(1) For subsections 46A (1), (2) and (3) of the Act, a report given by a person to the Minister, must be prepared in accordance with this regulation.
(2) The person must keep a copy of the report for 5 years from the date the report is submitted to the Minister.
(3) The report must state the following:
(a) the name and address of the person;
(b) the combination of numbers, letters or symbols used to provide a unique identifier for the licence granted to the person under section 16 of the Act;
(c) the quarter to which the report relates;
(d) the number of units in each category of ODS equipment or SGG equipment that the person manufactured, imported or exported during the quarter;
(e) the total amount of each kind of HFC, PFC or sulfur hexafluoride in metric tonnes, that the person manufactured, imported or exported during the quarter;
(f) for the relevant category of ODS equipment or SGG equipment mentioned in subregulation (4) manufactured, imported or exported by the person during the quarter—the total amount of each kind of the following substances contained in the equipment:
(i) HFC;
(ii) PFC;
(iii) sulfur hexafluoride;
(iv) any substance referred to in any of Parts I to VIII of Schedule 1 to the Act.
(4) For paragraph (3) (f), the categories of ODS equipment or SGG equipment are as follows:
(a) commercial use air-conditioning excluding heat pumps;
(b) domestic use air-conditioning excluding heat pumps;
(c) motor vehicle, watercraft or aircraft air-conditioning;
(d) commercial or domestic use heat pumps;
(e) commercial use refrigeration;
(f) domestic use refrigeration;
(g) motor vehicle, watercraft or aircraft refrigeration;
(h) expanding polyurethane foam aerosols;
(i) food, household and personal use aerosols;
(j) industrial, safety or technical use aerosols excluding fire protection equipment mentioned in paragraph (q) or (r);
(k) metered dose inhalers;
(l) novelty use aerosols or any other aerosol not mentioned in paragraphs (h) to (k);
(m) consumer goods not mentioned in paragraphs (h) to (l);
(n) electrical switchgear;
(o) components and parts that contain ODS equipment or SGG equipment;
(p) medical, scientific, or electrical equipment not mentioned in any other paragraph;
(q) fixed systems and components for fire protection not mentioned in any other paragraph;
(r) portable extinguishers for fire protection not mentioned in any other paragraph.
Part 9 Miscellaneous
920 Application for remission and refund of import levy—SGGs
(1) For paragraphs 69AA (1) (c) and (4) (c) of the Act, a licensee must apply, in writing, to the Minister.
(2) An application must be accompanied by the following information:
(a) evidence the levy imposed by section 3A of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of an SGG by a licensee was paid;
(b) for paragraph 69AA (1) (d) of the Act—evidence that the licensee exported the SGG within 12 months after the import of the SGG;
(c) for paragraph 69AA (4) (d) of the Act—evidence that the licensee sold the SGG to another person and the other person exported the SGG within 12 months after the import of the SGG.
921 Application for remission and refund of import levy—SGG equipment
(1) For paragraphs 69AB (1) (c) and 69AB (5) (c) of the Act, a licensee must apply, in writing, to the Minister.
(2) An application must be accompanied by the following information:
(a) evidence the levy imposed by section 4A of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of SGG equipment by a licensee was paid;
(b) for paragraph 69AB (1) (d)—evidence that the licensee exported the equipment within 12 months after the import of the equipment;
(c) for paragraph 69AB (5) (d) of the Act—evidence that the licensee sold the equipment to another person and the other person exported the equipment within 12 months after the import of the equipment.
922 Application for remission and refund of manufacture levy—SGGs
(1) For paragraphs 69AC (1) (c) and 69AC (4) (c), a licensee must apply, in writing, to the Minister.
(2) An application must be accompanied by the following information:
(a) evidence the levy imposed by section 3A of the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 in respect of the manufacture of an SGG by a licensee was paid;
(b) for paragraph 69AC (1) (d)—evidence that the licensee exported the SGG within 12 months after the manufacture;
(c) for paragraph 69AC (4) (d)—evidence that the licensee sold the SGG to another person and the other person exported the SGG within 12 months after the manufacture of the SGG.
[7] Further amendments
Provision
omit
insert
Paragraph 3C (1) (d)
a pre-charged equipment licence
an ODS/SGG equipment licence
Subregulation 3C (5)
a pre-charged equipment licence
an ODS/SGG equipment licence
Paragraph 3C (5) (a)
pre-charged equipment
ODS equipment or SGG equipment
Paragraph 3C (5) (c)
a pre-charged equipment licence
an ODS/SGG equipment licence
Paragraph 3C (5) (c)
the pre-charged equipment licence
the ODS/SGG equipment licence
Paragraph 6A (b)
a pre-charged equipment licence
an ODS/SGG equipment licence
Paragraph 70 (2) (b)
a pre-charged equipment licence
an ODS/SGG equipment licence
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.
