Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2005 (No. 3)1 Select Legislative Instrument 2005 No. 254
I, PHILIP MICHAEL JEFFERY, 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 10 November 2005 P. M. JEFFERY Governor-General By His Excellency’s Command IAN CAMPBELL Minister for the Environment and Heritage
1              Name of Regulations                 These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2005 (No. 3). 2              Commencement                 These Regulations commence as follows:                 (a)    on the day after they are registered — regulations 1 to 3 and Schedule 1;                (b)    on 1 January 2006 — Schedule 2. 3              Amendment of Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995                 Schedules 1 and 2 amend the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

Schedule 1        Amendments commencing on registration (regulation 3)    [1]           Table 131, item 4, column 4 omit MEM 201 insert MEM 20198 [2]           Subregulation 304 (4), except the note substitute          (4)   This subregulation applies to:                 (a)    equipment that is used by the Defence Force in:                           (i)    a Collins Class submarine; or                          (ii)    an armoured fighting vehicle; or                (b)    equipment (other than a portable fire extinguisher) that is used by the Defence Force in:                           (i)    an FFG7 Class destroyer; or                          (ii)    an ANZAC Class frigate; or                 (c)    equipment that is installed in, or carried in, an aircraft; or                (d)    equipment that is installed in an enclosed space containing machinery, including the pump room, of a vessel:                           (i)    of more than 500 tonnes dead weight; or                          (ii)    that is entered in the Australian Register of Ships established under the Shipping Registration Act 1981.
Schedule 2        Amendments commencing on 1 January 2006 (regulation 3)    [1]           Regulation 200, definition of exempt person substitute exempt person, for a year, means a person who is shown as an exempt person on the Non-QPS Exemption List for the year. [2]           Regulation 200, definition of nominated supplier, paragraph (a) substitute                 (a)    in relation to an exempt person for a year — a person that is shown as a nominated supplier for the exempt person on the Non-QPS Exemption List for the year; and [3]           Regulation 200, definition of Non-QPS Exemption List, including the note substitute Non-QPS Exemption List means:                 (a)    for the year 2005 — the document called Exemption List for Non-QPS Applications of Methyl Bromide, published by the Department, as in force on 1 May 2005; and                (b)    for the year 2006 — the document called Exemption List for Non-QPS Applications of Methyl Bromide in 2006, published by the Department, as in force on 1 January 2006. Note   The Non-QPS Exemption Lists can be viewed on the Internet at www.deh.gov.au/atmosphere/ozone/publications/exemption-list.html. [4]           Regulation 211 substitute
211         Meaning of allocated amount                 The amount of methyl bromide set out in a Non-QPS Exemption List for an exempt person and the person’s nominated supplier (or 1 of the person’s nominated suppliers) is the person’s allocated amount for that supplier for the year to which the Non-QPS Exemption List relates. [5]           Subregulation 212 (1), except the penalty substitute          (1)   A person who uses methyl bromide for a non-QPS application during a year is guilty of an offence if the person is not:                 (a)    an exempt person for the year; or                (b)    acting on behalf of an exempt person for the year. [6]           Regulation 213 substitute
213         Offence — supplying methyl bromide for non-QPS applications          (1)   A person (the supplier), other than an importer, is guilty of an offence if:                 (a)    he or she sells methyl bromide to a buyer during a year; and                (b)    the buyer states, in a declaration for paragraph 220 (1) (e), that the methyl bromide is for a non-QPS application; and                 (c)    subregulations (2), (3) and (4) are not satisfied in relation to the sale. Penalty:   10 penalty units.          (2)   The buyer must be:                 (a)    an exempt person, or acting on behalf of an exempt person, for the year; or                (b)    a nominated supplier for an exempt person for the year.          (3)   If the buyer is, or is acting on behalf of, an exempt person for the year:                 (a)    the supplier must be a nominated supplier for the exempt person; and                (b)    the supplier must ensure that the total amount of methyl bromide sold during the year by the supplier to the exempt person for non-QPS applications is equal to, or less than, the exempt person’s allocated amount for the supplier for the year.          (4)   If the buyer is a nominated supplier for an exempt person for the year:                 (a)    the supplier must be an intermediate supplier for the buyer for the year; and                (b)    the supplier must ensure that the total amount of methyl bromide sold during the year by the supplier to the buyer for non-QPS applications is equal to, or less than, the allocated amounts that the buyer is entitled to supply to exempt persons for non-QPS applications for the year.          (5)   To avoid doubt, if a buyer is an exempt person for a year and also a nominated supplier for an exempt person for the year, the amount of methyl bromide that the supplier may sell to the buyer during the year for non-QPS applications is the sum of the total amounts mentioned in subregulations (3) and (4).          (6)   In this regulation: importer means a licensee who holds a controlled substances licence that:                 (a)    allows the licensee to import methyl bromide; and                (b)    is subject to a condition to the effect that methyl bromide imported for non-QPS applications may only be supplied to a person, or persons, specified in the licence. Note   A licensee must not contravene a condition of his or her licence — see subsection 18 (7) of the Act. intermediate supplier, in relation to a buyer for a year, means a person who is shown as an intermediate supplier for the buyer on the Non-QPS Intermediate Supplier List for the year. Non-QPS Intermediate Supplier List means:                 (a)    for the year 2005 — the document called Intermediate Supplier List for Non-QPS Applications of Methyl Bromide, published by the Department, as in force on 1 January 2005; and                (b)    for the year 2006 — the document called Intermediate Supplier List for Non-QPS Applications of Methyl Bromide in 2006, published by the Department, as in force on 1 January 2006. Note   The Non-QPS Intermediate Supplier Lists can be viewed on the Internet at www.deh.gov.au/atmosphere/ozone/publications/supplier-list.html.          (7)   An offence against subregulation (1) is an offence of strict liability. [7]           Subregulation 231 (1) omit An exempt person must, within 14 days after the end of a report period, insert An exempt person for a year must, within 14 days after the end of a report period in the year,
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.frli.gov.au.