Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 4
I, QUENTIN BRYCE, Governor‑General 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 5 February 2009
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
PETER ROBERT GARRETT
Minister for the Environment, Heritage and the Arts
1 Name of Regulations
These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1).
2 Commencement
These Regulations commence on the day after they are registered.
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] Regulation 110, definition of RAC industry permit, paragraph (d)
omit
permit.
insert
permit;
[2] Regulation 110, definition of RAC industry permit, after paragraph (d)
insert
(e) a restricted refrigerant trading authorisation.
[3] Regulation 110, after definition of relevant Board
insert
restricted refrigerant trading authorisation means an authorisation granted under paragraph 140 (1) (c).
[4] Regulation 111
substitute
111 Offence — handling refrigerant
(1) A person commits an offence if the person handles a refrigerant and the person is not:
(a) both:
(i) the holder of a refrigerant handling licence; and
(ii) entitled under the licence to handle the refrigerant in the way in which it was handled; or
(b) both:
(i) engaged in a phase of the manufacture of RAC equipment; and
(ii) supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to manufacture RAC equipment; or
(c) both:
(i) decommissioning RAC equipment; and
(ii) supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to decommission RAC equipment.
Penalty: 10 penalty units.
(2) For subregulation (1), handle a refrigerant means doing anything with the refrigerant, or a component of RAC equipment, that carries the risk of refrigerant being emitted, including:
(a) decanting the refrigerant; or
(b) manufacturing, installing, commissioning, servicing or maintaining RAC equipment, irrespective of whether or not refrigerant is present; or
(c) decommissioning RAC equipment where refrigerant is present.
(3) An offence against subregulation (1) is an offence of strict liability.
[5] After subregulation 113
insert
113A Offence — false representations
(1) A person commits an offence if:
(a) the person makes a representation that the person can provide a service that involves the acquisition, disposal, storage, use or handling of refrigerant; and
(b) at the time of making the representation, the person does not hold an RAC industry permit that entitles the person to provide the service; and
(c) at the time of making the representation, the person does not employ a person who holds a refrigerant handling licence for work of the kind that is necessary to provide the service.
Penalty: 10 penalty units.
(2) A person commits an offence if:
(a) the person makes a representation that the person is the holder of a kind of RAC industry permit; and
(b) at the time of making the representation, the person is not the holder of an RAC industry permit of that kind.
Penalty: 10 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
[6] Subparagraph 120 (1) (e) (i)
omit
identified;
insert
identified, except as provided for in paragraph (ea);
[7] After paragraph 120 (1) (e)
insert
(ea) to keep and make available to the public by electronic means a register that includes the following details for the holder of an RAC industry permit:
(i) the name of the holder of the permit;
(ii) the type of permit held;
(iii) the number allocated to the permit by the relevant authority;
(iv) except for the holder of a refrigerant handling licence — the address and phone number of the holder of the permit;
[8] After subregulation 121 (3)
insert
(4) An applicant is taken to have withdrawn an application if:
(a) the relevant authority asks the applicant for information or consent; and
(b) the applicant does not provide the information or consent within 6 months of the authority’s request.
(5) An applicant may withdraw an application at any time before the relevant authority decides the application.
(6) The fee for an application is not refundable if the applicant withdraws the application or the application is taken to have been withdrawn.
[9] Paragraph 123 (1) (c)
omit
licence.
insert
licence; or
[10] After paragraph 123 (1) (c)
insert
(d) for an authorisation — does not meet the requirements set out in subregulation 140 (3); or
(e) for a halon special permit — does not meet the requirements set out in subregulation 150 (3).
[11] After subregulation 130 (4)
insert
(5) If the authority grants a licence it must:
(a) allocate a unique number to the licence; and
(b) set out the number on the licence.
[12] Subparagraph 131 (2) (b) (ii)
omit
qualification.
insert
qualification; or
[13] After paragraph 131 (2) (b)
insert
(c) a qualification that previously entitled the applicant to hold a licence of the kind to which the application relates.
[14] Table 131, item 1, column 4, paragraph (d)
omit
UEE 31306
insert
UEE 31307
[15] Table 131, item 3, column 4, paragraph (c)
omit
UEE 20106
insert
UEE 20107
[16] Table 131, item 4, column 4, paragraph (d)
omit
UEE 21806
insert
UEE 21807
[17] Table 131, item 4, column 4, paragraph (e)
omit
UEE 30506
insert
UEE 30507
[18] After paragraph 135 (1) (a)
insert
(aa) for licensees that are supervising a refrigeration and air conditioning trainee licensee — ensures that any work carried out by the trainee licensee is in accordance with the standard set out in an item in column 2 of Table 135 that relates to the work; and
[19] Paragraph 135 (1) (d)
omit
licensee.
insert
licensee; and
[20] After paragraph 135 (1) (d)
insert
(e) for the holder of a refrigerant handling licence who is not employed or hired by the holder of a refrigerant trading authorisation — includes the number allocated to the licence by the relevant authority on any invoices, receipts and quotes for work carried out under the licence.
[21] Regulations 136 to 138
substitute
136 Offence — contravention of licence condition
(1) A person commits an offence if the person:
(a) holds a licence granted under this Subdivision; and
(b) engages in conduct; and
(c) that conduct contravenes a condition of the licence.
Penalty: 10 penalty units.
(2) An offence under subregulation (1) is an offence of strict liability.
[22] Subdivision 6A.2.3, heading
substitute
Subdivision 6A.2.3 Refrigerant authorisations
Note Regulation number 139 is intentionally not used.
[23] Paragraph 140 (1) (b)
omit
equipment.
insert
equipment; or
[24] After paragraph 140 (1) (b)
insert
(c) grant a restricted refrigerant trading authorisation to a person, permitting the person to:
(i) recover refrigerant from RAC equipment; and
(ii) store the refrigerant; and
(iii) dispose of the refrigerant by causing it to be given to the operator of a refrigerant destruction facility.
[25] Subregulation 140 (2)
omit
for either or both authorisations
insert
for an authorisation under paragraph (1) (a) or (b) or both
[26] After subregulation 140 (2)
insert
(2A) The application fee for an authorisation under paragraph (1) (c) is $100.
[27] Paragraph 140 (3) (c)
omit
or 133.
insert
or 133; and
[28] Subregulation 140 (3) (c), note
omit
[29] After paragraph 140 (3) (c)
insert
(d) if the application is for a restricted refrigerant trading authorisation — the applicant is able to ensure that, at all times, persons engaged in removing refrigerant from RAC equipment are supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to remove refrigerant from RAC equipment.
Note An applicant who conducts business from a vehicle is eligible for an authorisation under paragraph (3) (a): see definition of premises in subsection 7 (1) of the Act.
[30] Subregulations 140 (4), (5) and (6)
substitute
(4) An authorisation is in force:
(a) from the day on which it is granted, or another day specified by the authority in writing; and
(b) for a period of no more than:
(i) 24 months; or
(ii) if it is granted under subregulation (4) — 12 months;
specified, in writing, by the authority.
(5) If the authority grants an authorisation to a person, it must give the person a document setting out the details of the authorisation.
(6) If the authority grants an authorisation, it must:
(a) allocate a unique number to the authorisation; and
(b) set out the number on the authorisation.
[31] Subregulation 141 (1)
omit everything before paragraph (b), insert
(1) Subject to subregulations (1A) and (1B), an authorisation granted under this Subdivision is subject to the conditions that the holder:
(a) keeps up‑to‑date records showing the amounts, if any, of refrigerant bought, recovered, sold and otherwise disposed of during each quarter; and
[32] Paragraph 141 (1) (k)
omit
refrigerant.
insert
refrigerant; and
[33] After paragraph 141 (1) (k)
insert
(l) for a restricted refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by:
(i) the holder of a licence granted under regulation 131, 133 or 134 that entitles the holder to handle the refrigerant in the way in which it is being handled; or
(ii) if refrigerant is being removed from RAC equipment — a person who is supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to remove refrigerant from RAC equipment; and
(m) keeps records for each quarter that set out the following:
(i) details of any checks, any maintenance and any other action undertaken for paragraphs (c), (d) and (e);
(ii) for each licensee who handles refrigerant that is in the possession of the holder — the licensee’s name and the number allocated to the licensee’s licence by the relevant authority;
(iii) the dates on which cylinders for the storage and transport of compressed gases were tested for paragraph (g); and
(n) if requested by written notice from the relevant authority, sends to the authority, no more than 14 days after receiving the request, a copy of a report that contains the records for the previous quarter; and
(o) for a refrigerant trading authorisation or a restricted refrigerant trading authorisation — includes the number allocated to the authorisation by the relevant authority on:
(i) any advertising placed after 1 July 2009 for services the provision of which would not be permitted without the authorisation; and
(ii) any invoices, receipts and quotes for work carried out under the authorisation.
Note A number of terms included in these Regulations are defined in the Act, including quarter.
[34] Regulations 142 and 143
substitute
142 Offence — contravention of condition on authorisation
(1) A person commits an offence if the person:
(a) holds an authorisation granted under this Subdivision; and
(b) engages in conduct; and
(c) that conduct contravenes a condition of the authorisation.
Penalty: 10 penalty units.
(2) An offence under subregulation (1) is an offence of strict liability.
[35] Subregulation 150 (4), note
omit
[36] After subregulation 150 (4)
insert
(5) If the Minister grants a permit under this regulation, he or she must:
(a) allocate a unique number to the permit; and
(b) set out the number on the permit.
Note Regulation numbers 151 to 199 (inclusive) are reserved for future use.
[37] Paragraph 223 (1) (c)
substitute
(c) the type and amount of chemical or chemicals that the methyl bromide was used to manufacture;
(d) what, if any, measures where taken to minimise methyl bromide emissions.
[38] After paragraph 241 (2) (e)
insert
(ea) a description of the process in which the methyl bromide will be used to manufacture the chemical or chemicals; and
[39] Paragraph 302 (1) (b)
omit
agent; or
insert
agent.
[40] Paragraph 302 (1) (c)
omit
[41] Subparagraph 311 (2) (e) (i)
substitute
(i) allow any individual to be identified, unless the individual’s name is included in a business or trading name.
[42] Paragraph 311 (2) (f)
omit
permit.
insert
permit; and
[43] After paragraph 311 (2) (f)
insert
(g) if requested by an employer of a holder of a fire protection industry permit, disclose to the employer the following information about the holder’s permit:
(i) the type of permit held;
(ii) the expiry date for the permit.
[44] Subparagraph 313 (1) (c) (iii)
omit
permit.
insert
permit; and
[45] After subparagraph 313 (1) (c) (iii)
insert
(iv) the name of the applicant’s employer (if any).
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.
