Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No.64
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
Dated 12 May 2011
MARIE BASHIR
Administrator
By Her Excellency’s Command
DON FARRELL
Parliamentary Secretary for Sustainability and Urban Water
1              Name of Regulations
                These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2011 (No. 1).
2              Commencement
                These Regulations commence on the commencement of Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Act 2010.
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
(regulation 3)
 
[1]           Part 5, note 2
omit
79
insert
69
[2]           Part 5, before regulation 80
insert
70            Exemption for refrigeration and air conditioning equipment
         (1)   This regulation applies until the end of 30 June 2015.
         (2)   For paragraph 10 (1) (a) of Schedule 4 to the Act, the following kinds of equipment are specified:
                (a)    HCFC pre-charged refrigeration equipment;
               (b)    HCFC pre-charged air conditioning equipment imported by the holder of a pre-charged equipment licence who has been granted a partial fee waiver for a one-off low volume import;
                (c)    chillers charged with HCFC-123;
               (d)    replacement parts for existing HCFC air conditioning equipment;
                (e)    components for  existing high static ducted split system air conditioners;
                (f)    equipment insulated with foam manufactured with HCFC;
               (g)    equipment for which the Minister considers it is impracticable:
                          (i)    for the importer or licence holder for the equipment to comply with the ban; and
                         (ii)    to remove or retrofit the equipment because it is incidental to the main import.
Example for subparagraph (g) (ii)
Air conditioning equipment incorporated into a large boat or drilling rig.
         (3)   The Minister may delegate his or her powers under this regulation to an SES employee or acting SES employee in the Department.
         (4)   In exercising powers under a delegation, the delegate must comply with any directions of the Minister.
         (5)   In this regulation:
replacement part does not include a complete, or substantially complete, indoor or outdoor unit of a split system air conditioning unit.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.