{"id":"F2023L00774","name":"Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2024-2025) Determination 2023","slug":"ozone-protection-and-synthetic-greenhouse-gas-management-non-grandfathered-quota-2024-2025-determina","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104503,"registerId":"commonwealth-F2023L00774-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"# 1 Name\n\n \n\nThis instrument is the Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2024-2025) Determination 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"# 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"# 3 Authority\n\nThis instrument is made under subregulation 51(4) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.","sortOrder":2},{"sectionNumber":"4","sectionType":"part","heading":"Simplified outline of this instrument","content":"# 4 Simplified outline of this instrument\n\n# ![](image.002.png)","sortOrder":3},{"sectionNumber":"5","sectionType":"part","heading":"Definitions","content":"# 5 Definitions\n\nIn this instrument:\n\nAct means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.\n\nCO2e means carbon dioxide equivalent.\n\nCO2e tonne means 1/1,000,000 of a CO2e megatonne.\n\neligible applicant means a person who is entitled to non-grandfathered quota for the HFC quota allocation period 2024-2025 pursuant to subregulation 51(1) of the Regulations, other than the Commonwealth.\n\nNote: For entitlement to non-grandfathered quota, see subregulation 51(1) of the Regulations\n\neligible applicant entitlement amount means the amount equal to:\n\n(the non-grandfathered HFC industry limit - 130 CO2e tonnes)\n\n÷\n\nthe number of eligible applicants who apply for non-grandfathered quota under section 6(a)\n\nnon-grandfathered HFC industry limit means 0.2625 CO2e megatonnes.\n\nNote: The non-grandfathered HFC industry limit is the non-grandfathered percentage (5%) of the HFC industry limit (5.25 CO2e megatonnes) for the years in the third HFC quota allocation period.\n\nRegulations means the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.\n\nNote 1: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) CO2e megatonnes; and\n (b) HFC quota.\n\nNote 2: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n (a) non-grandfathered quota; and\n (b) HFC quota allocation period.","sortOrder":4},{"sectionNumber":"6","sectionType":"part","heading":"Entitlement","content":"# 6 Entitlement\n\nFor the purposes of paragraph 51(4)(a) of the Regulations, a person is entitled to non-grandfathered quota for each of the years 2024 and 2025 if:\n\n (a) the person is an eligible applicant and that person makes an application for non-grandfathered quota; or\n (b) the person is the Commonwealth, as represented by the Department of Climate Change, Energy, the Environment and Water.","sortOrder":5},{"sectionNumber":"7","sectionType":"part","heading":"Amount","content":"# 7 Amount\n\n \n\nFor the purposes of paragraph 51(4)(b) of the Regulations, the amount of\n\nnon-grandfathered quota to which a person is entitled for each of the years 2024 and 2023 is:\n\n (a) for an eligible applicant – the eligible applicant entitlement amount; or\n (b) for the Commonwealth, as represented by the Department of Climate Change, Energy, the Environment and Water – 130 CO2e tonne","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements allocation mechanics for the 2024–2025 non‑grandfathered HFC quota under existing legislation: it defines eligible applicants, fixes the industry limit (0.2625 CO2e megatonnes), assigns 130 CO2e tonnes to the Commonwealth, and divides the remainder equally among applicants who apply. It does not amend statutory definitions or the overall HFC industry limit; it only specifies entitlement and amounts for the stated quota period (see sections 5–7)."},"complexity_factors":["Short, formulaic allocation but depends on cross‑references to the Act and Regulations (definitions and entitlement rules) (see sections 3, 5, 6)","Numeric calculation involving megatonne/tonne conversion and subtraction of a fixed Commonwealth share (section 5 definitions; section 7)","Allocation depends on the number of eligible applicants who actually apply (section 5 and 6) — administrative uncertainty for share size","Inclusion of the Commonwealth as an automatic recipient creates a non‑market allocation of part of the cap (sections 6(b), 7(b))","Minimal procedural detail on application timing or dispute resolution — reliance on the Regulations and departmental processes (sections 3, 6)"],"plain_english_summary":"Mechanically: this instrument fixes how Australia’s 2024–2025 non‑grandfathered hydrofluorocarbon (HFC) quota is divided. The Commonwealth is allocated 130 CO2e tonnes; the remainder of the non‑grandfathered HFC industry limit (0.2625 CO2e megatonnes) minus 130 CO2e tonnes is split equally among eligible applicants who apply. Who it affects and why it matters: HFC producers/importers entitled under the Regulations must apply to receive a fixed share of quota. The allocation determines who may legally supply HFCs and creates an administrative step and compliance entitlement for participants."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination performs exactly the function intended by its enabling regulation (subregulation 51(4) of the 1995 Regulations) — setting the annual quota amounts for non-grandfathered HFC imports. It has not expanded beyond this specific technical purpose."},"complexity_factors":["Short instrument with only 7 operative sections","Heavily dependent on external definitions — relies on the parent Act and Regulations for core concepts like 'non-grandfathered quota', 'HFC quota allocation period', and 'CO2e megatonnes'","Single mathematical formula for calculating allocations (eligible applicant entitlement amount), but straightforward division","Limited conditional logic — essentially binary eligibility (eligible applicant who applies, or Commonwealth Department)","No nested exceptions or complex cross-referencing within the instrument itself","Clear structure with simplified outline and definition section"],"plain_english_summary":"This Determination allocates the 2024–25 non‑grandfathered import quota for HFCs — new import rights not based on past imports — splitting 0.2625 CO2e megatonnes (5% of the industry limit) between the Commonwealth’s climate department (130 CO2e tonnes) and eligible private applicants. \n\nIt controls how much new HFC import capacity enters Australia, affecting businesses seeking market entry or expansion and helping ensure the nation meets its Kigali Amendment phase‑down commitments."}},"importantCases":[],"_links":{"self":"/api/acts/ozone-protection-and-synthetic-greenhouse-gas-management-non-grandfathered-quota-2024-2025-determina","history":"/api/acts/ozone-protection-and-synthetic-greenhouse-gas-management-non-grandfathered-quota-2024-2025-determina/history","analysis":"/api/acts/ozone-protection-and-synthetic-greenhouse-gas-management-non-grandfathered-quota-2024-2025-determina/analysis","conflicts":"/api/acts/ozone-protection-and-synthetic-greenhouse-gas-management-non-grandfathered-quota-2024-2025-determina/conflicts","importantCases":"/api/acts/ozone-protection-and-synthetic-greenhouse-gas-management-non-grandfathered-quota-2024-2025-determina/important-cases","documents":"/api/acts/ozone-protection-and-synthetic-greenhouse-gas-management-non-grandfathered-quota-2024-2025-determina/documents"}}