{"id":"nsw:act-1989-208","name":"Ozone Protection Act 1989","slug":"ozone-protection-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"208 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106759,"registerId":"nsw-act-1989-208-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Ozone Protection Act 1989](/view/html/inforce/current/act-1989-208).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> The object of this Act is to provide for a system of controls on substances which when released into and dispersed in the atmosphere act as atmospheric pollutants that contribute to depletion of ozone in the stratospheric ozone layer.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > authorised officer means an authorised officer under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n> > \n> > Authority means the Environment Protection Authority.\n> > \n> > controlled article means an article or other thing (including plant and equipment) that—\n> > \n> > > (a) contains a controlled substance, or\n> > \n> > > (b) uses, or is designed or intended to use, a controlled substance in its operation.\n> > \n> > controlled substance means—\n> > \n> > > (a) any substance specified in Schedule 1 (Ozone depleting substances), or\n> > \n> > > (b) any substance prescribed by the regulations as an ozone depleting substance on the recommendation of the Minister under section 5.\n> > \n> > premises includes—\n> > \n> > > (a) a structure, building, aircraft, vehicle or vessel, and\n> > \n> > > (b) land or a place (whether enclosed or built on or not).\n> > \n> > sell means sell by wholesale or retail, and includes barter, supply for profit, offer or expose for sale, receive for sale, have in possession for sale, send, forward or deliver for sale and cause, suffer or allow to be sold, offered or exposed for sale.\n> > \n> > use includes—\n> > \n> > > (a) operate, and\n> > \n> > > (b) use in the course of manufacture, and\n> > \n> > > (c) have in possession for use.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> **s 4:** Am 1991 No 60, Sch 3; 1993 No 46, Sch 1; 1997 No 147, Sch 2.21; 1997 No 156, Sch 4.14 \\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Recommendations concerning prescription of controlled substances","content":"#### 5 Recommendations concerning prescription of controlled substances\n\n5 Recommendations concerning prescription of controlled substances\n\n> The Minister may recommend that a substance be prescribed as an ozone depleting substance if satisfied that the release into and dispersal in the atmosphere of the substance—\n> \n> > (a) will contribute to the depletion of stratospheric ozone, or\n> \n> > (b) is reasonably likely to contribute to the depletion of stratospheric ozone.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Controls","content":"# Part 2 Controls\n\nPart 2 Controls","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"General regulatory provisions","content":"#### 6 General regulatory provisions\n\n6 General regulatory provisions\n\n> > (1) The regulations may make provision for or with respect to—\n> > \n> > > (a) regulating or prohibiting the manufacture, sale, distribution, conveyance, storage, possession and use of controlled substances and controlled articles, and\n> > \n> > > (b) regulating the design, installation, operation, servicing, maintenance, repair, modification or decommissioning of any controlled article or any plant or equipment used to manufacture such an article, and\n> > \n> > > (c) requiring and regulating the recovery, re-cycling, disposal and destruction of controlled substances and controlled articles, and\n> > \n> > > (d) regulating or prohibiting the emission of controlled substances into the atmosphere, and\n> > \n> > > (e) the payment of compensation, out of money to be provided by Parliament, in connection with the operation of this Act.\n> \n> > (2) The other provisions of this Part are examples of the way in which the power in subsection (1) to make regulations can be exercised and are not (unless the provision specifically provides otherwise) intended to limit the operation of that subsection.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Licences and registration","content":"#### 7 Licences and registration\n\n7 Licences and registration\n\n> The regulations may make provision for or with respect to—\n> \n> > (a) the licensing of persons engaged in activities authorised to be regulated by the regulations, and\n> \n> > (b) the registration of premises used for the carrying out of any activity authorised to be regulated by the regulations, and\n> \n> > (c) the registration of any plant or equipment that contains a controlled substance or that uses a controlled substance in its operation, and\n> \n> > (d) the payment of licence and registration fees.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Recovery, re-cycling etc","content":"#### 8 Recovery, re-cycling etc\n\n8 Recovery, re-cycling etc\n\n> The regulations may make provision for or with respect to the recovery, re-cycling, storage, disposal and destruction of controlled substances and controlled articles, including provision—\n> \n> > (a) requiring the manufacturer or seller of any controlled article to take specified steps to recover any controlled substance that the article contains, and\n> \n> > (b) requiring such a manufacturer or seller to institute specified measures to ensure or encourage the recovery of controlled substances (including, for example, measures for the payment and refund of deposits on controlled articles), and\n> \n> > (c) requiring the re-cycling of controlled substances so recovered, and\n> \n> > (d) requiring the destruction or storage of controlled substances, and\n> \n> > (e) authorising the Authority to undertake the recovery, storage and destruction of controlled substances and empowering the Authority to recover its costs in doing so from the manufacturer or seller of any article that contained the controlled substance so recovered, and\n> \n> > (f) specifying the required means of disposal, storage and destruction of controlled substances and standards of the design and operation of, and permissible emissions by, disposal equipment.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Codes of practice","content":"#### 9 Codes of practice\n\n9 Codes of practice\n\n> The regulations may make provision for or with respect to—\n> \n> > (a) the formulation, approval, adoption and revision of industry codes of practice relating to any activity that is authorised to be regulated by the regulations, and\n> \n> > (b) requiring compliance with any such codes of practice as in force for the time being.\n> \n> **s 9:** Am 1991 No 17, Sch 1.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Accreditation of courses etc","content":"#### 10 Accreditation of courses etc\n\n10 Accreditation of courses etc\n\n> The regulations may make provision, in connection with requirements as to the qualifications of persons engaged in the design, installation, operation, servicing, maintenance, repair, modification or decommissioning of plant or equipment, for or with respect to—\n> \n> > (a) for the approval and accreditation by the Authority of training courses, training institutions and examining bodies, and\n> \n> > (b) authorising the Authority to set up examining bodies and conduct examinations.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Records and returns","content":"#### 11 Records and returns\n\n11 Records and returns\n\n> > (1) The regulations may make provision for or with respect to requiring persons who carry on activities that are authorised to be regulated by the regulations to keep specified records and furnish specified returns to the Authority concerning those activities.\n> \n> > (2) The regulations may require such a person to maintain the record for a specified period even if the person ceases to carry on the activities concerned.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Labelling etc","content":"#### 12 Labelling etc\n\n12 Labelling etc\n\n> The regulations may make provision for or with respect to requiring controlled substances or controlled articles to be labelled or identified in a specified manner (including provision for the identification of substances by the addition of colours or odours).","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Exemptions","content":"#### 13 Exemptions\n\n13 Exemptions\n\n> > (1) The regulations may make provision for or with respect to exemptions (whether or not subject to conditions) from compliance with all or specified provisions of the regulations, including provision—\n> > \n> > > (a) authorising the Authority or the Minister to grant such an exemption, and\n> > \n> > > (b) specifying circumstances in which an exemption granted under any law of another State, a Territory or the Commonwealth relating to stratospheric ozone protection is to be considered to be an exemption granted under the regulations.\n> \n> > (2) The regulations may authorise the granting of an exemption by the Minister only if the exemption is—\n> > \n> > > (a) granted on the recommendation of the Authority, or\n> > \n> > > (b) granted to apply for a period not exceeding 60 days.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Enforcement","content":"# Part 3 Enforcement\n\nPart 3 Enforcement","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Powers of Authority to require information etc","content":"#### 14 Powers of Authority to require information etc\n\n14 Powers of Authority to require information etc\n\n> > (1) This section applies to any person who carries on, or who apparently carries on or is in charge of, a business that involves the manufacture, sale or use of a controlled substance or controlled article.\n> \n> > (2) The Authority may, by notice in writing given to a person to whom this section applies, require the person—\n> > \n> > > (a) to furnish to the Authority specified information or information of a specified kind as to the business activities carried on by the person in so far as they relate to controlled substances or controlled articles, and\n> > \n> > > (b) to confer with the Authority in relation to the manner in which the person carries on any such activities.\n> \n> > (3) A person given such a notice must comply with the notice within the time required by the notice.\n> > \n> > Maximum penalty—50 penalty units in the case of a corporation or 20 penalty units in any other case.\n> \n> > (4) Any statement made to the Authority pursuant to a requirement made under this section is not admissible in evidence in any proceedings against any natural person for an offence, except the offence of failing to comply with a requirement made under this section.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Disclosure of information","content":"#### 15 Disclosure of information\n\n15 Disclosure of information\n\n> > (1) A person must not disclose any information relating to any manufacturing or other industrial or commercial secrets or working processes and obtained in connection with the administration or execution of this Act or the regulations, unless the disclosure—\n> > \n> > > (a) is made with the consent of the person from whom the information was obtained, or\n> > \n> > > (b) is made in connection with the administration or execution of this Act or the regulations, or\n> > \n> > > (c) is made with the prior permission of the Minister, or\n> > \n> > > (d) is ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing and determination by that court, body or person of any matter, or\n> > \n> > > (e) is made by an authorised officer to an officer or authority engaged in administering or executing a law of the Commonwealth or of another State or a Territory relating to stratospheric ozone protection.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The Minister is not to grant the permission referred to in subsection (1) (c) unless satisfied that to do so would be in the public interest.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16–20 (Repealed)","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Offence by employee—liability of employer","content":"#### 21 Offence by employee—liability of employer\n\n21 Offence by employee—liability of employer\n\n> > (1) If an employee contravenes any provision of this Act or the regulations, the employer is to be taken to have contravened the same provision (whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions).\n> \n> > (2) It is a defence in proceedings against an employer for such a contravention if it is established—\n> > \n> > > (a) that the employer had no knowledge of the contravention, and\n> > \n> > > (b) that the employer could not, by the exercise of due diligence, have prevented the contravention.\n> \n> > (3) An employer may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the employee has been proceeded against or convicted under that provision.","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Offences by corporations","content":"#### 22 Offences by corporations\n\n22 Offences by corporations\n\n> > (1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.\n> \n> > (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23–25 (Repealed)","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"General","content":"# Part 4 General\n\nPart 4 General","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Act binds Crown","content":"#### 26 Act binds Crown\n\n26 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Service of documents","content":"#### 27 Service of documents\n\n27 Service of documents\n\n> > (1) A document required or permitted by this Act or the regulations to be served on a person, whether the expression “serve”, “give” or “send” or any other expression is used, may be served—\n> > \n> > > (a) on a natural person by delivering it to the person personally or by leaving it at, or by sending it by pre-paid post to, the address of the place of residence or business of the person last known to the person serving the document, or\n> > \n> > > (b) on a body corporate by leaving it at, or sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate.\n> \n> > (2) Nothing in this section—\n> > \n> > > (a) affects the operation of any other law of the State or elsewhere that authorises the service of a document in any other way, or\n> > \n> > > (b) affects the power of a court to authorise service of a document in any other way.","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28 (Repealed)","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Education and research","content":"#### 29 Education and research\n\n29 Education and research\n\n> The Authority may—\n> \n> > (a) conduct research into, and investigate measures to counteract, the depletion of stratospheric ozone, and\n> \n> > (b) conduct and fund the conduct of education and advertising to promote an awareness and understanding of the causes and effects of the depletion of stratospheric ozone and measures to counteract it.","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Regulations","content":"#### 30 Regulations\n\n30 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Penalty","content":"#### 31 Penalty\n\n31 Penalty\n\n> A regulation may create an offence punishable by a penalty not exceeding 200 penalty units in the case of a corporation or, in any other case, 100 penalty units.","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Consultation prior to making of regulations","content":"#### 32 Consultation prior to making of regulations\n\n32 Consultation prior to making of regulations\n\n> > (1) Regulations may only be made on the recommendation of the Minister.\n> \n> > (2) Before recommending that regulations be made, the Minister must consult with a committee consisting of the Minister and the following Ministers—\n> > \n> > > (a) the Minister administering the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n> > \n> > > (b) the Minister administering the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024),\n> > \n> > > (c) the Minister administering the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068),\n> > \n> > > (d) the Minister administering the [Energy and Utilities Administration Act 1987](/view/html/inforce/current/act-1987-103),\n> > \n> > > (e) the Minister administering the [Mining Act 1992](/view/html/inforce/current/act-1992-029),\n> > \n> > > (f) the Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> > \n> > > (g) the Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> **s 32:** Am 2023 No 35, Sch 1.15.","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Relationship to Protection of the Environment Operations Act 1997","content":"#### 33 Relationship to Protection of the Environment Operations Act 1997\n\n33 Relationship to [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156)\n\n> > (1) This Act is to be read and construed as being in addition to and not in derogation of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n> \n> > (2) Chapter 7 (Investigation) and Chapter 8 (Criminal and other proceedings) of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) apply to this Act and the regulations.\n> \n> **s 33:** Am 1997 No 156, Sch 4.14 \\[10\\] \\[11\\].","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":null,"content":"#### 34\n\n34–39 (Repealed)","sortOrder":34},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Ozone depleting substances","content":"# Schedule 1 Ozone depleting substances\n\nSchedule 1 Ozone depleting substances\n\n(Section 4)\n\nTrichlorofluoromethane (CFC-11)  \nDichlorodifluoromethane (CFC-12)  \nTrichlorotrifluoroethane (CFC-113)  \nDichlorotetrafluoroethane (CFC-114)  \n(Mono)chloropentafluoroethane (CFC-115)  \nBromochlorodifluoromethane (Halon-1211)  \nBromotrifluoromethane (Halon-1301)  \nDibromotetrafluoroethane (Halon-2402)","sortOrder":36}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's original 1989 scope was focused purely on ozone protection, reflecting the era's primary concern with CFCs and the Montreal Protocol. Over time, climate change has become a co-equal concern, evidenced by the addition of the Minister for Climate Change as a responsible minister — suggesting the Act's administrative scope has expanded to overlap with broader climate and greenhouse gas policy, even if the text of the Act itself has remained largely unchanged since 1999."},"complexity_factors":["The document provided is largely metadata, status information, and navigation content — the actual substantive provisions of the Act are not included, limiting full analysis","The Act itself is a relatively narrow, single-purpose environmental regulation targeting a specific category of substances","Dual ministerial responsibility (Environment and Climate Change) creates some administrative complexity","Interaction between this NSW state law and the Commonwealth Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 may create jurisdictional overlap for those subject to both","Technical subject matter (ozone-depleting substances and their regulation) requires some scientific and industry-specific knowledge to fully understand obligations"],"plain_english_summary":"## NSW Ozone Protection Act 1989\n\nThis is a **New South Wales state law** originally passed in 1989 to protect the ozone layer — the part of the Earth's atmosphere that shields us from harmful ultraviolet radiation from the sun.\n\n### What does it do?\nThe Act is designed to regulate substances that damage the ozone layer (things like certain refrigerants, aerosol propellants, and industrial chemicals known as CFCs and HCFCs). It sets rules around the use, handling, and trade of these substances within NSW.\n\n### Who does it affect?\n- **Businesses** that use, sell, or handle ozone-depleting substances (e.g., refrigeration and air conditioning companies, manufacturers)\n- **Individuals** who work with these substances\n- **The general public** indirectly benefits through environmental protection\n\n### Who enforces it?\nThe Act is overseen jointly by the **Minister for the Environment** and the **Minister for Climate Change**, and administered by the NSW Environment Protection Authority (the \"Authority\" — the government body responsible for enforcing environmental laws in NSW).\n\n### Key things to know\n- The law has been largely **stable since 1999**, with only minor formatting updates made in October 2023\n- An earlier amendment in 1991 renamed the responsible body from \"Commission\" to \"Authority\" throughout the Act\n- This is a **NSW-specific law** — there is also a separate federal (Commonwealth) Ozone Protection Act that operates nationally\n\n### Why does it matter?\nThe ozone layer protects all living things from skin cancer, eye damage, and harm to ecosystems. Laws like this one helped Australia meet its international obligations under the **Montreal Protocol** — a global agreement to phase out ozone-depleting chemicals."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based solely on the text provided, the Act sets out a framework for controlling ozone‑depleting substances, lists initial controlled chemicals in Schedule 1 and empowers the Minister and the Authority to extend and enforce controls via regulations (ss 3–5, Schedule 1, ss 6–13). The provided text includes amendment citations but contains no provisionary material indicating an expansion or contraction of the Act’s stated object or overall scope relative to its original intent; therefore there is no clear textual evidence here that the statutory scope has changed."},"complexity_factors":["Extensive delegation of substantive measures to regulations (ss 6–13, s 30) so outcomes depend on subordinate instruments","Multiple types of regulatory tools (licensing, registration, labelling, recordkeeping, accreditation, disposal/recovery) increasing compliance dimensions (ss 7, 11, 12, 10, 8)","Interlocking enforcement and disclosure rules with criminal penalties and information powers (s 14, s 15, s 31)","Employer and director vicarious or derivative liability provisions affecting corporate governance and compliance systems (ss 21–22)","Cross-application of investigation and prosecution chapters from another Act (Protection of the Environment Operations Act 1997) requiring cross-legislative interpretation and administrative coordination (s 33)","Ministerial discretion (substance prescription, exemptions, disclosure permission) coupled with mandatory inter-ministerial consultation before regulations (s 5, s 13, s 15, s 32)","Authority’s power to recover costs for recovery/destruction activities introduces financial allocation and enforcement complexity (s 8(e))","Schedule listing specific chemicals that anchor regulatory focus but permit dynamic additions via regulation (Schedule 1, s 4, s 5)"],"plain_english_summary":"### What this law does, in plain terms\n\n- The Act sets up a legal framework to control substances that can cause depletion of the stratospheric ozone layer (the stated object is to provide a system of controls on such substances) (s 3).\n\n- It defines key terms (for example, what counts as a “controlled substance” or a “controlled article”) and lists specific ozone-depleting chemicals in Schedule 1. The Minister can add other substances by recommending they be prescribed in the regulations if the Minister is satisfied the substance will, or is reasonably likely to, contribute to ozone depletion (s 4, Schedule 1, s 5).\n\n- The Act delegates most operational detail to regulations. Regulations may prohibit or regulate the manufacture, sale, storage, possession and use of controlled substances and controlled articles; set rules for design, servicing and disposal of equipment that use these substances; require recovery, recycling or destruction of substances; and create licensing, registration, labelling, recordkeeping and training regimes (ss 6–13, 7, 8, 9, 10, 11, 12).\n\n- The Environment Protection Authority (the Authority) and the Minister are given specific roles: the Authority enforces, can require information from businesses, can be authorised to carry out recovery/destruction and recover costs, can accredit training and run research and education programs; the Minister recommends regulations and can recommend prescription of substances and (in limited cases) grant exemptions (ss 14, 8(e), 10, 14, 29, 5, 13).\n\n- Enforcement and penalties: the Authority may require information from persons carrying on businesses involving controlled substances; failure to comply attracts fines (s 14). The regulations may create offences with maximum penalties up to 200 penalty units for corporations (s 31). The Act also makes employers and company officers liable for breaches by employees or corporations in specified circumstances (ss 21–22). Certain investigation and prosecution provisions of the Protection of the Environment Operations Act 1997 apply to this Act (s 33).\n\n- Administrative architecture and rule-making: the Governor makes regulations on the Minister’s recommendation; before the Minister recommends regulations the Minister must consult a committee of other named Ministers (s 30, s 32). The Act binds the Crown (s 26).\n\n\nWhat the government claims the Act does (and the legal mechanics that implement that claim)\n\n- Official purpose-claim: to control release and dispersal of substances that contribute to stratospheric ozone depletion (s 3). Mechanically, that purpose is implemented by (a) defining controlled substances and listing initial substances (s 4, Schedule 1), (b) enabling the Minister to recommend adding substances (s 5), and (c) delegating detailed controls to regulations that can address manufacture, sale, design, disposal, labelling, licensing, records and training (ss 6–13).\n\n\nWho pays, who decides, and how behaviour changes\n\n- Who pays\n  - Businesses that manufacture, sell, distribute, store, possess or use controlled substances or controlled articles will face compliance costs for licences, registrations, recordkeeping, labelling, training and meeting disposal/recovery requirements if regulations impose them (ss 7, 11, 12, 10, 8).\n  - The Authority may be authorised to recover costs of recovery, storage and destruction of controlled substances from manufacturers or sellers of articles that contained the substances (s 8(e)).\n  - Persons or corporations who fail to comply may pay fines under the regulations or for failing to comply with information notices (s 14(3), s 31).\n  - Parliament may be asked to provide money for compensation connected with the Act’s operation (s 6(1)(e)).\n\n- Who decides\n  - The Governor makes regulations, but only on the recommendation of the Minister (s 30, s 32).\n  - The Minister recommends which substances to prescribe and may (in certain limited circumstances) grant exemptions, generally on the Authority’s recommendation and for limited periods (s 5, s 13(1)–(2)).\n  - The Authority implements and enforces the scheme, can require information, accredit courses, and may be authorised under regulations to perform recovery/destruction and recover costs (ss 14, 10, 8(e), 29).\n\n- How behaviour changes\n  - Firms and individuals involved with listed or prescribed substances can be required to stop or alter manufacture, sale, use, storage and disposal practices; to obtain licences or register premises or equipment; to keep and provide records; to label substances or products; and to meet training/accreditation standards (ss 6–13).\n  - Employers and company officers are exposed to vicarious liability for employee or corporate breaches, creating incentives to supervise and ensure compliance (ss 21–22).\n\n\nCompliance burdens, discretion points and implementation risks\n\n- Compliance burdens\n  - Potential for licence/registration fees, recordkeeping obligations and accreditation requirements (ss 7, 11, 10).\n  - Requirements to recover, recycle or destroy substances and to meet specified disposal and design standards (s 8(a)–(f)).\n  - Labelling or identification obligations and possible restrictions on sale or supply (s 12, s 6(1)(a)).\n  - Exposure to penalties for non-compliance and requirements to respond to information notices (s 14(3), s 31).\n\n- Discretion and decision points\n  - The Minister has discretion to recommend substances for prescription (s 5) and (subject to constraints) to grant exemptions (s 13(2) — exemptions by Minister only on Authority recommendation and for up to 60 days).\n  - The regulations (made by Governor on Minister’s recommendation) can determine the detailed shape of obligations, offences and penalties (ss 30, 32, 6).\n  - The Authority may be empowered by regulations to undertake recovery/destruction and to recover costs from specified private parties (s 8(e)).\n  - The Minister controls whether proprietary industrial or commercial information may be disclosed where the Act otherwise limits disclosure; the Minister may only permit disclosure if satisfied it is in the public interest (s 15(1)(c), s 15(2)).\n\n- Implementation risks and trade-offs\n  - Much of the Act’s effect depends on the content of regulations; the practical scope and cost of controls therefore rest on delegated instruments (ss 6–13, s 30). That creates dependence on the quality and scope of regulatory design and on administrative capacity to enforce rules.\n  - The need for consultation across multiple Ministers before recommending regulations (s 32) creates an inter‑agency coordination requirement that can affect timing and content of rules.\n  - Enforcement relies on the Authority’s information-collection powers and on cross-application of investigation and prosecution chapters from the Protection of the Environment Operations Act 1997 (s 14, s 33); effective enforcement requires resourcing and capable administrative systems.\n\n\nConcentrated benefits, diffuse costs and substitution effects (mechanisms, not judgments)\n\n- The Act creates mechanisms that could concentrate regulatory decisions and adjustment costs on particular firms and industries that produce, sell or use the listed or prescribed substances: licensing/registration, disposal/recovery obligations and potential liability for cost recovery by the Authority (ss 7, 8(e), 21–22).\n\n- Costs from restrictions on particular chemicals can be borne by a relatively small number of firms (manufacturers, equipment suppliers, service businesses) while benefits from reduced emissions (the Act’s stated purpose) would be dispersed. The Act permits, but does not itself specify, mechanisms (in regulations) to manage that distribution via fees, compensation or exemptions (ss 6(1)(e), 13).\n\n- Where substances are restricted, affected businesses may substitute alternative chemicals or technologies; the Act gives regulatory authority to control use and disposal but does not itself set specific substitute technologies (ss 6, 8).\n\n\nKey cross-references and operating detail\n\n- The Act is intended to operate alongside the Protection of the Environment Operations Act 1997; investigation and enforcement chapters of that Act apply to this Act and its regulations (s 33).\n\n- The Schedule lists initial ozone-depleting substances (CFCs and Halons) that are controlled unless regulations state otherwise (Schedule 1, s 4).\n\n\nBottom-line, mechanically\n\n- The Act establishes a framework: lists initial controlled substances, lets the Minister add more, delegates detailed controls to regulations, gives the Environment Protection Authority enforcement and administrative roles, creates recordkeeping/licensing/label/discipline tools and penalties, and exposes businesses, employers and directors to liability for breaches. The practical scope and costs depend largely on the regulations that the Governor may make on the Minister’s recommendation (ss 4–13, 14, 29–33)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope. The object clause in section 3 remains tightly focused on atmospheric pollutants contributing to ozone depletion. While the Act delegates extensive regulatory powers, this was clearly the original intent — the 1989 Parliament deliberately chose a framework approach where technical details would be filled in by regulations. The repeal of enforcement sections (16-20, 23-25) and their replacement with cross-references to the Protection of the Environment Operations Act 1997 in 1997 represents consolidation rather than scope creep — streamlining enforcement by using a single set of procedures across environmental laws. The 2023 amendment updating ministerial titles in section 32 is purely administrative."},"complexity_factors":["Heavy reliance on regulations: Most substantive controls (licensing, prohibitions, labelling requirements) are left to regulations rather than being spelled out in the Act itself — creating a two-layer system where the real rules are invisible without checking subordinate legislation","Cross-referencing to another Act: Section 33 imports entire chapters of the Protection of the Environment Operations Act 1997 for enforcement purposes, requiring readers to consult that legislation for investigation and prosecution procedures","Nested definitions: 'Controlled substance' is defined by reference to Schedule 1 AND future regulations, while 'controlled article' depends on the definition of 'controlled substance'","Broad discretionary powers: Multiple sections grant the Minister or Authority power to make recommendations, grant exemptions, or approve codes of practice with minimal procedural constraints specified in the primary legislation","Repealed sections: Five sections (16-20) and four more (23-25, 28, 34-39) have been repealed, creating gaps in numbering that can confuse navigation","Extended definition of 'sell': The definition spans 47 words and includes 10 distinct activities (barter, supply for profit, offer for sale, expose for sale, receive for sale, have in possession for sale, send for sale, forward for sale, deliver for sale, and causing/suffering/allowing sale)","Mandatory multi-ministerial consultation: Section 32 requires consultation with 7 different ministers before regulations can be made, creating procedural complexity"],"plain_english_summary":"This law is designed to protect the Earth's ozone layer by controlling chemicals that damage it. The ozone layer sits high in the atmosphere and shields us from harmful ultraviolet radiation.\n\n**What it does:**\n- **Bans or restricts** certain chemicals called \"controlled substances\" (like CFCs and halons) that eat away at the ozone layer when released into the air\n- **Regulates equipment** that contains or uses these chemicals — things like old refrigerators, air conditioners, and fire extinguishers\n- **Sets up a licensing system** for businesses that work with these substances\n- **Requires proper handling** — including recovery, recycling, and safe disposal of ozone-depleting chemicals rather than letting them escape into the atmosphere\n- **Mandates record-keeping** so authorities can track where these substances are being used\n\n**Who it affects:**\n- Manufacturers and sellers of equipment containing ozone-depleting substances\n- Businesses that service or dispose of old fridges, air conditioners, or fire suppression systems\n- Importers and distributors of these chemicals\n- Anyone licensed to work with controlled substances\n\n**Why it matters:**\nWithout the ozone layer, we'd face increased skin cancer, eye damage, and harm to crops and ecosystems. This law implements Australia's international commitments (like the Montreal Protocol) to phase out these harmful chemicals. It also piggybacks on NSW's main environmental protection law, using the same enforcement officers and penalties.\n\n**Key features:**\n- The Environment Protection Authority (EPA) runs the show\n- The law works alongside — not instead of — the main NSW pollution control law\n- Penalties can be hefty: up to 200 penalty units for companies (roughly $22,000) and 100 for individuals (roughly $11,000)\n- Eight specific chemicals are named in the Schedule, but the Minister can add more if science shows they harm ozone"}},"importantCases":[],"_links":{"self":"/api/acts/ozone-protection-act-1989","history":"/api/acts/ozone-protection-act-1989/history","analysis":"/api/acts/ozone-protection-act-1989/analysis","conflicts":"/api/acts/ozone-protection-act-1989/conflicts","importantCases":"/api/acts/ozone-protection-act-1989/important-cases","documents":"/api/acts/ozone-protection-act-1989/documents"}}