OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992
OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS Section 1. Short title etc. 2. Commencement 3. Definitions 4. Quota periods 5. Scheduled substances and transitional substances not to include manufactured products 6. Insertion of new section: 10A. Quantity - in relation to transitional substances 7. Recycling of scheduled substances and transitional substances 8. Insertion of new section: 12A. Feedstocks 9. Insertion of new section: 12B. Part does not apply to export of CFCs for use on board ships or aircraft 10. Unlicensed manufacture, import or export of scheduled substances 11. Grant of licence 12. Insertion of new section: 17A. Licence may be granted subject to conditions 13. Duration of licence 14. Insertion of new section: 18A. Termination of licence by regulation 15. Cancellation of licence 16. Insertion of new sections: 22A. Quota system does not apply to manufacture, import or export covered by restricted licence 22B. Quota system does not apply to export of CFCs for use on board ships or aircraft 22C. Meaning of `type' of CFCs 17. Manufacture in excess of quota 18. Import in excess of quota 19. Export of stage-1 CFCs in excess of quota 20. Nature of quotas 21. Application for quota 22. Allocation of quota 23. Ascertainment of size of quota - initial allocation in respect of manufacture or import 24. Ascertainment of size of quota - initial allocation in respect of export of AMENDMENTS OF SCHEDULE 1 TO THE PRINCIPAL ACT SCHEDULE 2 SUBSTITUTION OF SCHEDULE 3 TO THE PRINCIPAL ACT SCHEDULE 3 AMENDMENTS RELATING TO PENALTIES OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - LONG TITLE
An Act to amend the Ozone Protection Act 1989, and for related purposes OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 1 Short title etc.
(Assented to 11 June 1992) 1.(1) This Act may be cited as the Ozone Protection Amendment Act 1992. (2) In this Act, "Principal Act" means the Ozone Protection Act 1989.*1*(Minister's second reading speech made in- House of Representatives on 4 March 1992 Senate on 29 April 1992) *1* No. 7, 1989. OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 2 Commencement
2.(1) Subject to this section, this Act commences on a day to be fixed by Proclamation. (2) The day fixed under subsection (1) must not be earlier than the day (in this section called the `Protocol amendment day') on which the amendment of the Protocol adopted on 29 June 1990 at the Second Meeting of the Parties to the Protocol enters into force for Australia. (3) If this Act does not commence under subsection (1) within the period of 6 months beginning on the Protocol amendment day, it commences on the first day after the end of that period. OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 3 Definitions
3. Section 7 of the Principal Act is amended: (a) by inserting in subsection (1) the following definitions: " 'base year' means: (a) in relation to a stage-1 CFC or a halon - 1986; or (b) in relation to a stage-2 CFC, carbon tetrachloride, methyl chloroform or a transitional substance - 1989; 'carbon tetrachloride' means the substance referred to in Part III of Schedule 1, whether existing alone or in a mixture; 'feedstock' means an intermediate substance which is used to manufacture
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other chemicals; 'methyl chloroform' means the substance referred to in Part IV of Schedule 1 (that is, 1,1,1-trichloroethane), whether existing alone or in a mixture; 'methyl chloroform quota' means a quota allocated or renewed under Part IV that permits the manufacture or import of methyl chloroform; 'methyl chloroform quota period' means a methyl chloroform quota period as defined in section 8; 'reduce', in relation to the size of a quota, includes reduce to nil; 'restricted licence' means a licence under section 16 that is subject to conditions; 'stage-1 CFC' means a substance referred to in Division 1 of Part I of Schedule 1, whether existing alone or in a mixture; 'stage-2 CFC' means a substance referred to in Division 2 of Part I of Schedule 1, whether existing alone or in a mixture; 'stage-1 scheduled substance' means: (a) a stage-1 CFC; or (b) a halon; 'stage-2 scheduled substance' means: (a) a stage-2 CFC; or (b) carbon tetrachloride; or (c) methyl chloroform; 'transitional substance' means a substance referred to in Annex C to the Protocol, whether existing alone or in a mixture."; (b) by inserting "stage-1" before "CFCs" in paragraphs (a), (b) and (c) of the definition of "quota activity" in subsection (1); (c) by omitting "or" from the end of paragraph (d) of the definition of "quota activity" in subsection (1); (d) by adding at the end of the definition of "quota activity" in subsection (1) the following paragraphs: "(f) the manufacture of stage-2 CFCs; (g) the import of stage-2 CFCs; (h) the manufacture of methyl chloroform; or (i) the import of methyl chloroform;"; (e) by omitting "or a halon quota period" from the definition of "quota period" in subsection (1) and substituting ", a halon quota period or a methyl chloroform quota period". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 4 Quota periods
4. Section 8 of the Principal Act is amended: (a) by omitting from subsection (1) "or a halon quota period" and substituting ", a halon quota period or a methyl chloroform quota period"; (b) by omitting from subsection (2) "and"; (c) by adding at the end of subsection (2) ", and each methyl chloroform quota period (other than the first) commences at the end of the previous methyl chloroform quota period"; (d) by inserting in subsection (3) "in relation to a stage-1 CFC" after "period"; (e) by inserting after subsection (4) the following subsections: "(4A) The first CFC quota period in relation to a stage-2 CFC commences on the first 1 July after the commencement of the Ozone Protection Amendment Act 1992.
"(4B) The first methyl chloroform quota period commences on the later of the following days: (a) 1 January 1993; (b) the first day of the first quarter commencing after the commencement of the Ozone Protection Amendment Act 1992.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 5 Scheduled substances and transitional substances not to include manufactured products
5. Section 9 of the Principal Act is amended: (a) by inserting in subsection (1) "or a transitional substance" before "does not include"; (b) by adding at the end of paragraph (1)(a) "or a transitional substance, as the case may be"; (c) by inserting in paragraph (1)(b) and subsection (2) "or a transitional substance, as the case may be," after "scheduled substance". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 6
6. After section 10 of the Principal Act the following section is inserted: Quantity - in relation to transitional substances "10A. A reference in this Act to a quantity of a transitional substance or transitional substances is a reference to the mass of the substance or substances expressed in kilograms.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 7 Recycling of scheduled substances and transitional substances
7. Section 12 of the Principal Act is amended: (a) by inserting in subsections (1) and (2) "or transitional substances" after "scheduled substances" (first occurring); (b) by inserting in subsection (1) "or transitional substances, as the case may be," after "scheduled substances" (second and third occurring); (c) by inserting in subsection (2) "or transitional substances, as the case
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may be," after "scheduled substances" (second, third and fourth occurring). OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 8
8. After section 12 of the Principal Act the following section is inserted: Feedstocks "12A. A reference in this Act (other than Part VII) to the manufacture or import of a scheduled substance does not include a reference to the manufacture or import of a scheduled substance exclusively for use as a feedstock.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 9
9. Before section 13 of the Principal Act the following section is inserted: Part does not apply to export of CFCs for use on board ships or aircraft "12B. This Part does not apply to the export of a CFC if all of the following conditions are satisfied: (a) the CFC is on board a ship or aircraft; (b) the ship or aircraft has air conditioning or refrigeration equipment; (c) the CFC 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.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 10 Unlicensed manufacture, import or export of scheduled substances
10. Section 13 of the Principal Act is amended: (a) by inserting in subsection (1) "applicable to a stage-1 CFC" after "period"; (b) by inserting in paragraphs (1)(a), (b) and (c) "stage-1" before "CFC"; (c) by omitting "or" from the end of paragraph (2)(b); (d) by omitting paragraph (2)(c); (e) by adding at the end the following subsections: "(3) A person must not export a halon unless the person holds a restricted licence under section 16. Penalty: $50,000. "(4) After the beginning of the first CFC quota period applicable to a stage-2 CFC, a person must not: (a) manufacture a stage-2 CFC; or (b) import a stage-2 CFC; or (c) export a stage-2 CFC; unless the person holds a licence under section 16. Penalty: $50,000. "(5) A person must not: (a) manufacture carbon tetrachloride; or (b) import carbon tetrachloride; unless the person holds a restricted licence under section 16. Penalty: $50,000. "(6) After the beginning of the first methyl chloroform quota period, a person must not: (a) manufacture methyl chloroform; or (b) import methyl chloroform; unless the person holds a licence under section 16. Penalty: $50,000. "(7) After the beginning of the first methyl chloroform quota period, a person must not export methyl chloroform unless the person holds a restricted licence under section 16. Penalty: $50,000.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 11 Grant of licence
11.(1) Section 16 of the Principal Act is amended: (a) by omitting from subsection (1) "(3)" and substituting "(3C), (3D), (3E)"; (b) by omitting subsection (3) and substituting the following subsections: "(3A) A licence granted after the commencement of this subsection must specify the activity to which it relates (for example: the manufacture of stage-2 CFCs; the export of a halon or the import of carbon tetrachloride).
"(3B) 2 or more licences granted to the same person may be set out in the same document.
"(3C) The Minister must not grant a licence (other than a restricted licence) to a person for the manufacture, import or export of a stage-2 CFC unless: (a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which stage-2 CFCs were manufactured, imported or exported; and (b) the person applies for the licence within 6 months after the commencement of this subsection. "(3D) The Minister must not grant a licence to a person for the manufacture or import of carbon tetrachloride unless: (a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which:
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(i) carbon tetrachloride was manufactured or imported; or (ii) carbon tetrachloride was purchased from an Australian manufacturer of carbon tetrachloride; and (b) the person applies for the licence within 6 months after the commencement of this subsection. "(3E) The Minister must not grant a licence to a person for the manufacture, import or export of methyl chloroform unless: (a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which methyl chloroform was manufactured, imported or exported; and (b) the person applies for the licence within 6 months after the commencement of this subsection."; (c) by adding at the end the following subsections: "(8) A licence that was in force immediately before the commencement of this subsection and which permitted the manufacture, import or export of stage-1 CFCs has effect, after the commencement of this subsection, as if it also permitted the manufacture, import or export, as the case may be, ofstage-2 CFCs.
"(9) A licence that was in force immediately before the commencement of this subsection is taken, after the commencement of this subsection, not to relate to carbon tetrachloride or methyl chloroform.
"(10) A licence that was in force immediately before the commencement of this subsection is taken, after the commencement of this subsection, not to permit the export of a halon.".
(2) The repeal of subsection 16(3) of the Principal Act effected by subsection (1) of this section does not affect a licence granted before the commencement of this section. OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 12
12. After section 17 of the Principal Act the following section is inserted: Licence may be granted subject to conditions "17A.(1) A licence under section 16 may be granted subject to such conditions as are specified in the licence. "(2) Such a licence is in this Act called a 'restricted licence'.
"(3) A restricted licence may relate to any activity mentioned in section 13.
"(4) The Minister may, by written notice given to the holder of a restricted licence: (a) impose one or more further conditions to which the licence is subject; or (b) revoke or vary any condition: (i) imposed under paragraph (a); or (ii) specified in the licence. "(5) Without limiting the kinds of conditions to which a restricted licence may be subject, a restricted licence may be subject to conditions of the following kinds: (a) conditions relating to the nature and quantity of particular scheduled substances that the holder may manufacture, import or export, as the case may be, during a quarter to which the licence relates; (b) in the case of an export licence - conditions relating to the countries to which particular scheduled substances may be exported; (c) in the case of an import licence - conditions relating to the countries from which particular scheduled substances may be imported; (d) conditions prohibiting the person from doing anything that would otherwise be covered by the licence unless the person also holds another type of licence; (e) conditions relating to the purpose or purposes for which particular scheduled substances may be manufactured, imported or exported, as the case may be; (f) conditions requiring the licensee to give written reports to the Minister. "(6) A licensee who, without reasonable excuse, contravenes a condition of a restricted licence is guilty of an offence punishable on conviction by a fine not exceeding $50,000.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 13 Duration of licence
13. Section 18 of the Principal Act is amended: (a) by inserting in subsection (1) "(other than a restricted licence)" after "licence"; (b) by inserting after subsection (1) the following subsection: "(1A) A restricted licence remains in force for such period, not exceeding 10 years, as is specified in the licence."; (c) by inserting in subsection (2) "applicable to stage-1 CFCs" after "period" (first occurring); (d) by adding at the end the following subsections: "(3) A licence relating to stage-2 CFCs that is granted before the beginning of the first CFC quota period applicable tostage-2 CFCs comes into force at the beginning of that quota period.
"(4) A licence relating to methyl chloroform that is granted before the
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beginning of the first methyl chloroform quota period comes into force at the beginning of that quota period.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 14
14. After section 18 of the Principal Act the following section is inserted: Termination of licence by regulation "18A.(1) For the purposes of giving effect to an adjustment or amendment of the Protocol, the regulations may provide that specified kinds of licences: (a) are to cease to be in force on a date that is: (i) specified in the regulations; and (ii) later than 6 months after the regulations are made; and (b) are not to be renewed after that date. "(2) Regulations made by virtue of subsection (1) in relation to an adjustment or amendment of the Protocol that has not entered into force for Australia must not specify a date earlier than the date on which the adjustment or amendment entered into force for Australia.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 15 Cancellation of licence
15. Section 20 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) The Minister may cancel a licence if: (a) in any case - the Minister is satisfied that the licensee is no longer a fit and proper person to hold a licence; or (b) in the case of a restricted licence - there has been a contravention of any of the conditions to which it is subject.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 16
16. Before section 23 of the Principal Act the following sections are inserted: Quota system does not apply to manufacture, import or export covered by restricted licence "22A. This Part does not apply to the manufacture, import or export of scheduled substances if the manufacture, import or export, as the case may be, is permitted under a restricted licence. Quota system does not apply to export of CFCs for use on board ships or aircraft "22B. This Part does not apply to the export of a CFC if all of the following conditions are satisfied: (a) the CFC is on board a ship or aircraft; (b) the ship or aircraft has air conditioning or refrigeration equipment; (c) the CFC 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.Meaning of 'type' of CFCs "22C. For the purposes of this Part, the only types of CFC are as follows: (a) stage-1 CFCs are one type of CFCs; (b) stage-2 CFCs are the other type of CFCs.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 17 Manufacture in excess of quota
17. Section 23 of the Principal Act is amended: (a) by inserting in subsection (1) "particular type of" before "CFC" (first occurring); (b) by inserting in subsection (1) "applicable to that type of CFC" before "unless"; (c) by inserting in paragraph (1)(a) "that type of" before "CFCs"; (d) by inserting in paragraph (1)(b) "type of" before "CFC"; (e) by inserting in paragraph (1)(b) "that type of" before "CFCs" (wherever occurring); (f) by adding at the end the following subsection: "(3) A licensee must not manufacture methyl chloroform in a methyl chloroform quota period unless: (a) the licensee is the holder of a quota permitting the manufacture of methyl chloroform in the quota period; and (b) the quantity of the methyl chloroform manufactured, together with all other quantities of methyl chloroform manufactured by the licensee in the quota period, does not exceed the quota held by the licensee for the manufacture of methyl chloroform in the quota period. Penalty: $50,000.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 18 Import in excess of quota
18. Section 24 of the Principal Act is amended: (a) by inserting in subsection (1) "particular type of" before "CFC" (first occurring); (b) by inserting in subsection (1) "applicable to that type of CFC" before "unless"; (c) by inserting in paragraph (1)(a) "that type of" before "CFCs"; (d) by inserting in paragraph (1)(b) "type of" before "CFC"; (e) by inserting in paragraph (1)(b) "that type of" before "CFCs" (wherever occurring);
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(f) by adding at the end the following subsection: "(3) A licensee must not import methyl chloroform in a methyl chloroform quota period unless: (a) the licensee is the holder of a quota permitting the importation of methyl chloroform in the quota period; and (b) the quantity of the methyl chloroform imported, together with all other quantities of methyl chloroform imported by the licensee in the quota period, does not exceed the quota held by the licensee for the importation of methyl chloroform in the quota period. Penalty: $50,000.". OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 19 Export of stage-1 CFCs in excess of quota
19. Section 25 of the Principal Act is amended: (a) by inserting "stage-1" before "CFC" (first occurring); (b) by inserting "applicable to stage-1 CFCs" before "unless"; (c) by inserting in paragraph (a) "stage-1" before "CFCs"; (d) by inserting in paragraph (b) "stage-1" before "CFC"; (e) by inserting in paragraph (b) "stage-1" before "CFCs" (wherever occurring). OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 20 Nature of quotas
20. Section 26 of the Principal Act is amended: (a) by inserting in paragraphs (1)(a) and (b) and subsection (2) "of a particular type" after "CFCs" (wherever occurring); (b) by inserting in paragraph (1)(c) "stage-1" before "CFCs"; (c) by adding at the end the following subsections: "(5) A methyl chloroform quota may be allocated in respect of one or both of the following: (a) manufacture of methyl chloroform; (b) import of methyl chloroform. "(6) The size of a methyl chloroform quota is the quantity of methyl chloroform that the holder may manufacture or import, as the case may be, during a quota period to which the quota relates.".