{"id":"F2017L01131","name":"Determination of Day Applications for HFC Quotas for the First HFC Quota Allocation Period Must Be Given 2017","slug":"determination-of-day-applications-for-hfc-quotas-for-the-first-hfc-quota-allocation-period-must-be-g","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97021,"registerId":"commonwealth-F2017L01131-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Determination of Day Applications for HFC Quotas for the First HFC Quota Allocation Period Must Be Given 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nDetermination of Day Applications for HFC Quotas for the First HFC Quota Allocation Period Must Be Given 2017\n\n \n\nI, Josh Frydenberg, Minister for the Environment and Energy, under subregulation 44(3) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Regulations), determine 22 September 2017 as the day on or before which applications for HFC quotas for the calendar years in the first HFC quota allocation period must be given.\n\n \n\nNote: Pursuant to regulation 41 of the Regulations:\n\n(a) An HFC quota allocation period is 2 years.\n\n(b) The first HFC quota allocation period starts on 1 January 2018.\n\n \n\nThis instrument commences on the day after it is registered.\n\n \n\nDated 1 September 2017 \n\nJOSH FRYDENBERG\n\nMinister for the Environment and Energy\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination does not change the substantive scope of the HFC quota scheme. It only fixes the procedural deadline for submitting applications for the first two-year quota allocation period (as defined in Regulation 41). The instrument exercises existing ministerial authority under subregulation 44(3) to set a date; it does not alter eligibility, quantities, allocation criteria, or other substantive regulatory settings."},"complexity_factors":["Narrow, single-purpose instrument: it only sets a submission date for applications.","Relies on cross-reference to the Regulations for substantive rules (Regulation 41 and subregulation 44(3)), so full legal effect requires reading other provisions.","Immediate commencement clause means the deadline takes effect without delay, concentrating practical timing constraints.","Ministerial discretion is exercised but confined to a procedural determination (date only), limiting legal ambiguity about scope.","Does not specify consequences of late or missing applications within the instrument; that information is elsewhere in the Regulations, adding a small layer of indirect complexity for users."],"plain_english_summary":"What this instrument does (mechanically)\n\n- The Minister for the Environment and Energy sets a firm deadline: applications for HFC quotas for the calendar years in the first HFC quota allocation period must be given on or before 22 September 2017. (Determination under subregulation 44(3) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.)\n- The instrument takes effect the day after it is registered. (Commencement clause in the instrument.)\n- The Regulations already define an HFC quota allocation period as two years and state that the first such period starts on 1 January 2018. (Regulation 41.)\n\nWho this affects\n\n- Any person or entity that intends to apply for an HFC quota for calendar years in the first HFC quota allocation period (i.e. the two-year period beginning 1 January 2018) must submit their application no later than 22 September 2017.\n\nWhy it matters (official purpose and practical implications)\n\n- The instrument implements a deadline declared by the Minister under the Regulations. The stated mechanism is to fix the day on or before which quota applications for that initial two-year allocation period must be submitted (authority: subregulation 44(3)).\n\n- Who pays / bears the burden: applicants bear the administrative cost and time of preparing and lodging applications by the deadline. Missing the deadline may prevent an applicant from being considered for quotas for that allocation period (effect implied by the instrument’s role in the application process; the Regulations govern the consequences of late or absent applications).\n\n- Who decides: the determination is a Ministerial decision made under an express subregulation (subregulation 44(3) of the Regulations). The instrument exercises that statutory discretion to set a date.\n\nImplementation, compliance and timing trade-offs\n\n- The instrument is narrowly procedural: it does not change the rules for how quotas are allocated or who is eligible. It only fixes when applications must be given for the first allocation period. Full understanding of the consequences of late or no application requires consulting the underlying Regulations.\n\n- Compliance burden and opportunity cost: affected businesses must prepare and submit quota applications earlier than they might otherwise have, which imposes direct preparation costs and may require firms to resolve procurement or planning decisions sooner.\n\n- Implementation risk and timing: the instrument commences the day after registration, so applicants have a hard, ministerially-set deadline that takes effect immediately on commencement. The determination therefore concentrates the timing decision with the Minister (ministerial discretion) while shifting the timing burden onto applicants.\n\nEffect on private enterprise and markets (mechanisms, not judgments)\n\n- The instrument can affect the timing and certainty with which businesses that need HFC quotas plan imports, production, or contracts tied to HFC availability for the first allocation period starting 1 January 2018. That effect operates through the procedural gatekeeping of quota applications: who applies, and when, determines who can be allocated quotas for that period (see Reg 41 and the Determination).\n\n- The instrument does not itself set quota quantities, prices, allocation criteria, or enforcement rules; those substantive matters remain in the Regulations or other instruments. This determination only affects the administrative timetable for applying under the existing regulatory scheme.\n\nRelevant textual anchors\n\n- Authority cited: subregulation 44(3) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (used to make the determination).\n- Definitions cited: regulation 41 (an HFC quota allocation period is 2 years; first period starts 1 January 2018).\n- Operative detail: the Determination sets 22 September 2017 as the day on or before which applications must be given; commences the day after registration."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow administrative function it was designed for: setting an application deadline for the first HFC quota period. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision setting one specific date","No defined terms beyond the existing Regulations","No conditional logic or exceptions","No cross-references to other legislation beyond the enabling regulation","Total length: approximately 150 words","Straightforward ministerial determination with explanatory note"],"plain_english_summary":"This is a short legal instrument made by the Minister for the Environment and Energy, Josh Frydenberg, in September 2017. It sets a deadline for companies to apply for permits to import or manufacture hydrofluorocarbons (HFCs) — a type of synthetic greenhouse gas used in refrigeration and air conditioning.\n\n**What it does:**\n- Sets **22 September 2017** as the final date for businesses to submit applications for HFC quotas\n- These quotas cover the **first allocation period** of 2018–2019 (two calendar years)\n- Without applying by this deadline, companies would not receive a quota for importing or making these gases during that period\n\n**Who it affects:**\n- Companies that import or manufacture HFCs (used in fridges, air conditioners, and industrial cooling)\n- These businesses need a quota (a permitted amount) to legally bring HFCs into Australia or produce them here\n\n**Why it matters:**\n- HFCs are potent greenhouse gases that contribute to climate change\n- Australia limits how much can be imported/manufactured through a quota system to meet international environmental commitments\n- This deadline ensured the quota system could start properly on 1 January 2018"}},"importantCases":[],"_links":{"self":"/api/acts/determination-of-day-applications-for-hfc-quotas-for-the-first-hfc-quota-allocation-period-must-be-g","history":"/api/acts/determination-of-day-applications-for-hfc-quotas-for-the-first-hfc-quota-allocation-period-must-be-g/history","analysis":"/api/acts/determination-of-day-applications-for-hfc-quotas-for-the-first-hfc-quota-allocation-period-must-be-g/analysis","conflicts":"/api/acts/determination-of-day-applications-for-hfc-quotas-for-the-first-hfc-quota-allocation-period-must-be-g/conflicts","importantCases":"/api/acts/determination-of-day-applications-for-hfc-quotas-for-the-first-hfc-quota-allocation-period-must-be-g/important-cases","documents":"/api/acts/determination-of-day-applications-for-hfc-quotas-for-the-first-hfc-quota-allocation-period-must-be-g/documents"}}