Ozone Protection Act 1989

Controlled substance and controlled article. A controlled substance is either a substance listed in Schedule 1 (the enumerated CFCs and halons) or any other substance prescribed by regulation as an ozone depleting substance on the Minister’s recommendation (s 4). A controlled article is any article or thing, including plant and equipment, that contains a controlled substance or uses, or is designed or intended to use, a controlled substance in its operation (s 4). Those two definitions create the core materials and objects to which the regulatory regime can attach obligations.

Regulations as the substantive rulebook. The Act delegates the substantive design and operational detail of controls to the regulations. Section 6(1) lists a catalogue of matters that regulations may address, including regulating or prohibiting manufacture, sale, distribution, conveyance, storage, possession and use of controlled substances and articles; regulating the design, installation and servicing of controlled articles; requiring recovery, recycling, disposal and destruction; regulating emissions; and providing for payment of compensation from Parliament in connection with operation of the Act. The Act explicitly treats the rest of Part 2 as examples of how the regulatory power may be exercised, not an exhaustive limit (s 6(2)).

Licensing, registration and fees. The regulations may create licensing of persons engaged in regulated activities, registration of premises and plant or equipment containing controlled substances, and may provide for licence and registration fees (s 7). The Act therefore contemplates an administrative regime of permissions and cost recovery via fees for regulated participants.

Recovery, recycling and Authority action. The regulations may require manufacturers or sellers to take steps to recover controlled substances contained in articles, institute measures (for example deposits and refunds) to encourage recovery, require recycling, destruction or storage, authorise the Authority to undertake recovery, storage and destruction and to recover its costs from manufacturers or sellers, and specify required means and standards of disposal and permissible emissions by disposal equipment (s 8). Those clauses allocate potential financial liabilities and operational duties between private parties and the Authority.

Codes, accreditation and training. The regulations may provide for industry codes of practice and require compliance with them (s 9). They may also provide for Authority approval and accreditation of training courses, institutions and examining bodies and authorise the Authority to set up examining bodies and conduct examinations (s 10). These provisions create routes for technical competence to be regulated and for conformity standards to be set across providers.

Information, records and confidentiality. The Authority may require persons who carry on businesses involving manufacture, sale or use of controlled substances or articles to furnish specified information and to confer (s 14). The regulations may also require specified records and returns and retention periods, including retention after cessation of activities (s 11). Section 14(4) creates a limited protection: statements made under a requirement are not admissible in evidence in proceedings against a natural person for offences other than the offence of failing to comply with the requirement. Conversely, s 15 restricts disclosure of manufacturing and commercial secrets obtained in administration, with limited statutory exceptions and a penalty for unauthorised disclosure.

Exemptions. Regulations may make provision for exemptions from compliance with regulations, including authorising the Authority or Minister to grant exemptions and recognising exemptions granted under other Australian jurisdictions as exemptions under the regulations (s 13). However, where the Minister grants an exemption, s 13(2) limits that power: the Minister may only grant such an exemption if it is on the Authority’s recommendation or for a period not exceeding 60 days.

Enforcement architecture. The Act contains express offence provisions for particular regulatory instruments (for example, penalties set out in s 14(3) and s 15), allows regulations to create offences up to specified maxima expressed in penalty units (s 31), and provides for employer and director liability for contraventions by employees and corporations respectively (ss 21-22). Critically, s 33(2) imports Chapter 7 (Investigation) and Chapter 8 (Criminal and other proceedings) of the Protection of the Environment Operations Act 1997 into the Act, thereby integrating that Act’s investigatory and prosecutorial procedures into enforcement.

Administrative powers and education. The Authority has explicit power to undertake research into depletion of stratospheric ozone and to conduct and fund education and advertising to promote awareness and measures to counteract ozone depletion (s 29). The Act therefore contemplates both regulatory enforcement and supportive, knowledge‑building activity.

Crown application and service. The Act binds the Crown in right of New South Wales and, so far as legislative power permits, the Crown in other capacities (s 26). Service provisions prescribe ordinary modes for serving documents on individuals and bodies corporate (s 27).

Schedule list and expansion mechanism. Schedule 1 lists a set of specific chlorofluorocarbons and halons. The Act allows additional substances to be prescribed by regulation on the Minister’s recommendation where the Minister is satisfied the substance’s release will or is reasonably likely to contribute to stratospheric ozone depletion (s 5 and s 4(b)). This mechanism creates a two‑step process: ministerial scientific/policy satisfaction followed by regulatory prescription.

Businesses in the manufacture, sale, distribution, storage, possession or use of substances listed in Schedule 1 or prescribed by regulation as controlled substances are directly affected, because the Act and the regulations (once made) can impose licensing, registration, recordkeeping, labelling, recovery, recycling, disposal, and operational standards on those activities (s 6(1), s 7, s 8, s 11, s 12). The Act’s application is explicitly tailored to persons who carry on, or apparently carry on or are in charge of, such businesses for the purpose of certain information powers (s 14(1)-(2)).

Manufacturers and sellers of controlled articles are specifically subject to potential recovery and refund obligations and may be liable to meet Authority cost recovery where the Authority undertakes recovery, storage or destruction of controlled substances (s 8(a)-(e)). Regulation may also require manufacturers to institute measures to ensure or encourage recovery such as deposit‑refund schemes (s 8(b)). Those provisions create direct compliance costs and potential exposure to cost recovery actions by the Authority.

Employers and corporate officers. Employers are statutorily liable for offences committed by employees in the course of carrying out activities regulated by the Act, subject to a due diligence defence (s 21). If a corporation contravenes provisions of the Act or the regulations, directors and persons concerned in management will be taken to have contravened if they knowingly authorised or permitted the contravention (s 22). Therefore corporate governance, compliance systems, and executive oversight are implicated: firms bear residual legal risk for employee actions, and senior officers can attract personal liability if they knowingly permit contraventions.

The Environment Protection Authority. The Authority is a central implementer and enforcer. The Act authorises the Authority to require information, to be the accreditor of training and examining bodies (s 10), to undertake recovery and destruction and to recover costs (s 8(e)), and to conduct research and education (s 29). The Authority also may be authorised by regulation to grant exemptions (s 13(1)(a)). The Act defines an authorised officer as an authorised officer under the Protection of the Environment Operations Act 1997 (s 4), thereby aligning implementation and inspection powers with that Act.

The Minister and Governor. The Minister decides whether to recommend that additional substances be prescribed as controlled (s 5). Regulations require the Minister’s recommendation (s 32(1)) and the Governor makes regulations (s 30). The Minister also has a gatekeeping role over the disclosure of certain commercial secrets obtained under administration of the Act (s 15(1)(c)-(2)) and limited discretion to grant exemptions subject to the constraints in s 13(2).

Other regulators and Ministers. Regulations can only be made by the Governor on the Minister’s recommendation and, before recommending regulations, the Minister must consult a committee of Ministers specified in s 32(2). That committee includes ministers administering health, biosecurity, fair trading, energy and utilities, mining, local government and environmental planning and assessment. The requirement creates a formal inter‑ministerial consultation step upstream of regulatory change.

Courts and authorised bodies. Section 15 includes courts and other bodies authorised by law to examine witnesses as exceptions to confidentiality constraints. Section 33(2) brings Chapters 7 and 8 of the Protection of the Environment Operations Act 1997 to bear, meaning that investigations, powers of authorised officers and criminal and other proceedings under that Act apply to this Act.

Members of the public and third parties. Regulation of labelling (s 12), codes of practice (s 9) and education initiatives (s 29) affect downstream purchasers and service providers who use controlled articles or operate in sectors where controlled substances are used. Exemptions recognised under the regulations can also affect market participants in other Australian jurisdictions if so provided in regulation (s 13(1)(b)).

Parliament and taxpayers. Section 6(1)(e) contemplates payment of compensation out of money provided by Parliament in connection with operation of the Act. That provision indicates the scheme could carry direct fiscal costs for which Parliament must appropriate funds.

Duty to comply with regulations. The Act itself delegates detailed duty content to regulations, and the regulations may impose duties including prohibitions, licensing obligations, registration, technical and operational standards, recovery and disposal duties, labelling, recordkeeping and accreditation obligations (ss 6, 7, 8, 11, 12, 9, 10). Where regulations create offences, s 31 caps the maximum penalty that may be provided in the regulations (up to 200 penalty units for a corporation or 100 penalty units otherwise).

Information and cooperation obligations. The Authority may issue written notices requiring persons who carry on relevant businesses to furnish specified information or to confer with the Authority about how those activities are carried out (s 14(2)). A person must comply within the time required by the notice, and non‑compliance attracts a maximum penalty specified in s 14(3): 50 penalty units for a corporation or 20 penalty units in any other case. Section 14(4) protects persons to a limited extent by making statements given under such a requirement generally inadmissible in evidence against a natural person in proceedings for an offence other than failing to comply with the requirement.

Recordkeeping and returns. The regulations may require persons engaged in regulated activities to keep specified records and furnish returns to the Authority (s 11). Regulations may also require retention for a specified period even if the person ceases the activity. Those obligations are a predictable source of administrative cost and a basis for enforcement action.

Confidentiality limits and disclosure controls. Persons involved in administration or execution of the Act are prohibited from disclosing information relating to manufacturing or other industrial or commercial secrets and working processes obtained under the Act, except in specific circumstances: with consent of the person from whom the information was obtained; in connection with the administration or execution of the Act; with the Minister’s prior permission; by court order or other authorised body for the purposes of a hearing; or by an authorised officer to another officer or authority administering laws relating to stratospheric ozone protection (s 15(1)(a)-(e)). Breach of that prohibition carries a maximum penalty of 20 penalty units. The Minister is constrained to grant permission only when satisfied it is in the public interest (s 15(2)).

Exemptions. Regulations may create exemptions from compliance and may authorise the Authority or the Minister to grant exemptions (s 13(1)). Where the Minister grants an exemption, it must be on the Authority’s recommendation or limited to 60 days (s 13(2)). The Act also allows recognition in regulation of an exemption granted under laws of other Australian jurisdictions (s 13(1)(b)). Those provisions create an administrative discretion to provide temporary or otherwise conditioned relief from regulatory requirements.

Cost recovery and liability. The regulations may authorise the Authority to undertake recovery, storage and destruction of controlled substances and empower the Authority to recover its costs from manufacturers or sellers of the articles that contained the recovered substances (s 8(e)). The Act contemplates that manufacturers or sellers may be required to institute measures to encourage recovery (s 8(b)), and the Authority’s cost recovery power operates as a potential financial duty on those market participants.

Employer and corporate officer liability. Employers are taken to have contravened the same provision if an employee contravenes any provision of the Act or the regulations in the course of carrying on regulated activities, subject to a defence that the employer had no knowledge and could not, by due diligence, have prevented the contravention (s 21). For corporations, directors and persons concerned in management are taken to have contravened if they knowingly authorised or permitted the contravention (s 22). Both provisions permit prosecution of the individual even if the corporate entity has not been proceeded against or convicted (ss 21(3), 22(2)).

Regulatory and procedural rights. The Authority may approve and accredit training courses, institutions and examining bodies and authorise examinations (s 10). The Act also affords persons procedural protections in the sense of confidentiality restrictions (s 15) and the evidentiary protection for statements given under s 14(4). The Act binds the Crown (s 26) and prescribes modes of service (s 27) and the regulation‑making process (ss 30, 32), including consultation obligations that are designed to bring other portfolios into the regulatory decision.

Incorporation of investigatory and prosecutorial machinery. Chapter 7 and Chapter 8 of the Protection of the Environment Operations Act 1997 apply to this Act and the regulations (s 33(2)). That incorporation imports defined investigatory powers, procedures and prosecutorial processes specified in that other Act into the enforcement of this Act.

Express penalty provisions. The Act sets out specific maxima for certain contraventions and enables the regulations to impose offences subject to capped penalties. Section 14(3) prescribes maximum penalties for failure to comply with an information notice: 50 penalty units for a corporation and 20 penalty units for any other person. Section 15 prescribes a maximum penalty of 20 penalty units for unauthorised disclosure of manufacturing or commercial secrets obtained under administration of the Act. Section 31 authorises regulations to create offences with penalties not exceeding 200 penalty units in the case of a corporation or 100 penalty units in any other case.

Employer, director and corporate liability. Employers are taken to have committed the same contravention as an employee acting in the course of carrying on regulated activities, but an employer may rely on a due diligence defence (s 21). For corporations, directors and persons concerned in management are treated as having contravened where they knowingly authorised or permitted the corporate contravention (s 22). The Act allows proceedings against responsible individuals even if the corporation itself has not been proceeded against or convicted (ss 21(3), 22(2)).

Investigatory and prosecutorial framework. The Act imports Chapters 7 and 8 of the Protection of the Environment Operations Act 1997 (s 33(2)). Those chapters provide investigatory powers, procedures for search, seizure and examination, and the criminal and civil enforcement regime applicable to pollution and related offences. Because the Act defines an authorised officer by reference to that Act (s 4), inspection, entry and enforcement powers under the Protection of the Environment Operations Act, where applicable, will be the practical enforcement route.

Authority’s compliance powers. The Authority may require production of information and conferment about operational matters from persons carrying on relevant businesses (s 14(1)-(3)). Regulations may require records and returns (s 11). The Authority is authorised by regulation to undertake recovery, storage and destruction of controlled substances, and to recover its costs from manufacturers or sellers (s 8(e)), thereby creating a direct execution mechanism for disposal obligations, and a means for the Authority to shift some financial burden to industry participants.

Confidentiality and evidentiary protection. Statements provided under an information requirement are not admissible in evidence in proceedings against a natural person for offences, except the offence of failing to comply with the information requirement itself (s 14(4)). This limits the use of compelled information in subsequent prosecutions of individuals, although it does not shield corporations nor prevent other investigative uses under the incorporated Protection of the Environment Operations Act. The confidentiality rule in s 15 protects commercial secrets from disclosure subject to limited exceptions; unauthorised disclosure is an offence.

Regulatory offences via subordinate instruments. Because the substance of the regime is delegated to regulations, most compliance duties and offences will be created in regulations made under s 30. Section 32 requires the Minister to consult a committee of ministers before recommending regulations (s 32(1)-(2)). The combined effect of delegated offence creation and inter‑ministerial consultation means that the substantive criminal law applicable to controlled substances and articles will largely be contained in subordinate legislation rather than in the Act itself.

Remedies and compensation. Section 6(1)(e) contemplates payment of compensation out of money provided by Parliament in connection with the operation of the Act. That clause indicates a legislative mechanism for compensating affected parties where Parliament funds such compensation in respect of actions under the Act, although the Act does not itself specify the conditions or amounts. The Authority’s power to recover costs for recovery and destruction work (s 8(e)) creates a creditor‑type remedy available to the Authority against manufacturers and sellers of the relevant articles.

Service and procedural effect. The Act prescribes ordinary modes of service for documents (s 27) and binds the Crown (s 26), which affects how proceedings and enforcement steps operate against government bodies. The incorporation of the Protection of the Environment Operations Act means courts and prosecutorial agencies will typically use those procedural mechanisms.

Director definition and authorised officers. The Act defines authorised officer by reference to the Protection of the Environment Operations Act 1997 (s 4). That cross‑reference provides a procedural and operational bridge: powers of entry, inspection and enforcement under the Protection of the Environment Operations Act will apply in relation to enforcement of this Act where relevant, because Chapters 7 and 8 of that Act are applied to this Act and the regulations (s 33(2)).

Non‑derogation and supplementary application. Section 33(1) states the 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. This is a statutory statement that the Acts are complementary rather than exclusive: enforcement and investigatory mechanisms in the Protection of the Environment Operations Act may be used to give effect to this Act, rather than replacing or overriding it.

Recognition of other jurisdictions’ exemptions. Regulations may specify 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 an exemption under the regulations (s 13(1)(b)). The Act therefore contemplates inter‑jurisdictional regulatory harmonisation and recognition, to the extent the regulations so provide.

Ministerial consultation with portfolio ministers. Section 32(2) requires that the Minister must consult a committee consisting of the Minister and specific other Ministers before recommending regulations: the ministers administering the Health Services Act 1997, the Biosecurity Act 2015, the Fair Trading Act 1987, the Energy and Utilities Administration Act 1987, the Mining Act 1992, the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979. That consultation obligation embeds cross‑portfolio considerations and may result in regulatory design being shaped to accommodate or be coherent with obligations and policy concerns under those statutes.

Crown application. The Act binds the Crown in right of New South Wales and, to the extent legislative power permits, the Crown in other capacities (s 26). That provision ensures the Act’s obligations and standards can apply to government activities insofar as consistent with constitutional limits, and interacts with other statutory duties the Crown may have under different Acts.

Rules about confidentiality and courts. Section 15 permits disclosure of commercially sensitive information to a court or other body authorised by law to examine witnesses for the purposes of a hearing and determination. That interaction shows the Act defers to court processes and other statutory bodies for adjudicative steps where disclosure of confidential information becomes necessary.

Regulatory hierarchy. The Governor makes regulations under s 30, but those regulations must be made on the recommendation of the Minister (s 32(1)), who must obtain inter‑ministerial consultation (s 32(2)). That layered process interacts with the broader administrative law framework for delegated legislation. The Act therefore embeds political and administrative checks on the use of delegated regulatory power.

Compensatory funding. Section 6(1)(e) contemplates payment of compensation out of parliamentary funds "in connection with the operation of this Act." That interacts with public finance and appropriation law: any compensation scheme will be limited by the availability of parliamentary appropriation.

Regulation of technical competence and overlap with vocational and safety regimes. The Act enables accreditation and examination by the Authority (s 10). Where training, licensing or technical competence also falls within other regulatory regimes (for example, workplace safety or industry licencing under other Acts), those regimes may overlap. The requirement to consult ministers with responsibilities for health, biosecurity, mining, energy and local government (s 32(2)) reflects the cross‑sectoral interactions likely to arise.

The Act contains a number of embedded amendment notations indicating changes to particular sections and repeal of certain sections. Those annotations in the text are the source for the amendment history notes included in the Act itself.

• Section 4 carries amendment notes: "Am 1991 No 60, Sch 3; 1993 No 46, Sch 1; 1997 No 147, Sch 2.21; 1997 No 156, Sch 4.14 [1]." That indicates s 4 was amended on multiple occasions in 1991, 1993 and 1997 under the cited instruments. The precise content of those amendments is not set out in the Act text provided, but the annotations record their occurrence.

• Section 9 includes an amendment note: "s 9: Am 1991 No 17, Sch 1." This shows that s 9 (codes of practice) was amended in 1991.

• Sections 16-20 are shown as repealed with a notation: "s 16: Rep 1997 No 156, Sch 4.14 [2]." Further notes indicate ss 17-20 were repealed by the same or related instruments (s 17 Rep 1997 No 156, Sch 4.14 [3]; s 18 Rep 1997 No 156, Sch 4.14 [4]; s 19 Am 1991 No 92, Sch 2. Rep 1997 No 156, Sch 4.14 [5]; s 20 Rep 1997 No 156, Sch 4.14 [6]). Those notes show a consolidation or overhaul in 1997 that removed several sections.

• Sections 23-25 likewise are recorded as repealed with amendment annotations: "s 23: Am 1991 No 60, Sch 3. Rep 1997 No 156, Sch 4.14 [7]. s 24: Rep 1997 No 156, Sch 4.14 [8]. s 25: Rep 1997 No 156, Sch 4.14 [9]."

• Section 32 includes a recent amendment note: "s 32: Am 2023 No 35, Sch 1.15." That indicates the consultation provision was amended in 2023 by the cited instrument. The text in s 32(2) listing the ministers to be consulted reflects that amendment.

• Section 33 includes amendment notes: "s 33: Am 1997 No 156, Sch 4.14 [10] [11]." That records changes made in 1997 to effect its relationship with the Protection of the Environment Operations Act.

• Sections 34-39 are recorded as repealed: "ss 34-38: Rep 1999 No 85, Sch 4. s 39: Rep 1997 No 156, Sch 4.14 [12]."

The Schedule remains the statutory list of ozone depleting substances and is published as part of the Act (Schedule 1). The Act provides the mechanism for expansion of that list by regulation on Ministerial recommendation (s 5 and s 4(b)). The amendment annotations indicate periodic legislative updates and repeals, including a significant rounding of provisions around 1997 and a consultation provision update in 2023.

The Act itself does not reproduce the full legislative instruments that effected the amendments or repeals. To trace the exact textual changes over time, one must consult the cited amending Acts and schedules (for example, the amending instruments referenced by year and number in the annotations). The Act’s internal annotations, however, make clear that the legislative framework has been modified several times, including removal of multiple sections and later adjustments to the regulatory consultation process.

The text of the Act as supplied contains no case citations, reported decisions or a schedule of litigation. It does not record any judicial interpretation or prosecutions. The only cross‑reference to enforcement mechanisms is the statutory application of Chapters 7 and 8 of the Protection of the Environment Operations Act 1997 to this Act and the regulations (s 33(2)), which means that actual investigative, evidentiary and prosecutorial practice in relation to contraventions of this Act will be pursued under the procedural and enforcement framework in that other Act. That incorporation implies that litigation and enforcement trajectories will typically appear in case law arising under the Protection of the Environment Operations Act 1997 rather than in decisions specifically captioned under the title of this Act.

Absent case materials in the Act text, two practical implications flow from the statutory structure. First, enforcement practice and judicial interpretation relevant to this Act will derive in significant part from how courts construe and apply the investigatory and prosecutorial chapters of the Protection of the Environment Operations Act 1997 when used to prosecute offences or apply remedies under the regulations made pursuant to this Act. Second, evidentiary and confidentiality protections in this Act (for example, s 14(4) limiting admissibility of statements made under compulsion and s 15 restricting disclosure of commercial secrets) will interface with judicial procedures under the incorporated Act and with general evidentiary principles in litigation.

For researchers seeking litigation records, the practical research path is to search proceedings and appeals that proceed under the Protection of the Environment Operations Act 1997’s investigatory and prosecutorial framework where the underlying facts concern controlled substances or controlled articles that fall within the scope of this Act and its regulations. The Act itself does not supply a litigation history or reported authorities.

Delegation of substance control to regulation. The Act itself does not list an exhaustive set of controls beyond enumerating the matters that regulations may address (s 6(1)). That means the real content of prohibitions, licence conditions, fees, technical standards and offences will normally be found in regulations. A reader who looks only at the Act without inspecting current regulations risks missing the operative obligations in force in practice. Regulations can create offences with substantial penalties (s 31), so checking the current regulatory instruments is essential.

Ministerial recommendation plus regulatory step for adding controlled substances. Schedule 1 lists a finite set of CFCs and halons, but the Act allows further substances to be prescribed by regulation only when the Minister makes a recommendation after being satisfied the substance will or is reasonably likely to contribute to ozone depletion (s 5; s 4(b)). That two‑step mechanism means a new substance is not automatically controlled until the Minister’s threshold satisfaction and the making of regulations, so industry must track Ministerial decisions as well as regulatory texts.

Broad regulatory power and consultation. Section 6(1) gives regulations wide scope to regulate manufacture, sale, distribution, storage, use, emissions, recovery, recycling, disposal and to require codes and accreditation. Combined with s 32, which requires the Minister to consult a committee of Ministers before recommending regulations, regulatory outcomes may embed cross‑portfolio tradeoffs and political choices. Practitioners should note the formal consultation list in s 32(2), which can influence regulatory timing and content.

Employer and director exposure. Employers are taken to have contravened for employee contraventions unless the employer proves lack of knowledge and that due diligence would have prevented the contravention (s 21). For corporations, a director or person concerned in management is taken to have contravened if they knowingly authorised or permitted the contravention (s 22). Those provisions shift enforcement focus to compliance systems, supervision and corporate governance. The due diligence defence under s 21 can be available but places the onus on employers to show they exercised appropriate preventive measures.

Authority cost recovery for recovery and destruction. The Authority may undertake recovery, storage and destruction and recover its costs from manufacturers or sellers of the article that contained the recovered substance (s 8(e)). That means regulated parties can be directly charged for Authority‑led disposal activity, so compliance failures leading to Authority action can produce immediate financial liability beyond statutory fines.

Confidentiality and disclosure constraints. Section 15 prohibits disclosure of manufacturing or commercial secrets obtained under administration, with limited statutory exceptions and a penalty (20 penalty units). The Minister may permit disclosure only if satisfied it is in the public interest (s 15(2)). That restricts the ability of parties to use information obtained in administrative processes outside authorised channels and imposes a criminal sanction risk for improper disclosure.

Evidentiary nuance with compelled statements. Statements made to the Authority pursuant to an information requirement are not admissible in evidence in proceedings against a natural person for an offence, except the offence of failing to comply with that information requirement (s 14(4)). That evidentiary protection can have strategic implications for investigators and defence counsel, including limitations on using compelled administrative disclosures to prosecute individuals, while not necessarily preventing other investigative uses or use in corporate prosecutions.

Exemption timing and limits. The Minister may grant exemptions only on the Authority’s recommendation or for a period not exceeding 60 days (s 13(2)), whereas the regulations may authorise the Authority or the Minister to grant exemptions generally (s 13(1)). Practitioners should be alert to the limited scope of ministerial emergency exemptions and to whether regulations authorise longer or different forms of exemption by the Authority.

Interplay with other statutory regimes. Because the Act is to be read as in addition to and not in derogation of the Protection of the Environment Operations Act 1997, enforcement and investigatory practice will typically involve the machinery of that Act (s 33(1)-(2)). Parties should evaluate how those investigatory powers, evidentiary rules and prosecutorial pathways will apply in practice.

Regulations create most penalties. While the Act prescribes some specific penalties (for example s 14 and s 15), most substantive offences and penalties are to be created in regulations (s 31). A compliance practitioner must therefore obtain and review the current regulations to identify the operational offences and penalties.

Records retention after cessation. Regulations may require retention of records for a specified period even after a person ceases the regulated activities (s 11(2)). That imposes an ongoing administrative burden that can survive business discontinuation or sale, and should be accounted for in transaction due diligence and records management systems.

Compensation subject to appropriation. Section 6(1)(e) contemplates payment of compensation out of money provided by Parliament in connection with the operation of the Act. Any such compensation is contingent on parliamentary appropriation and subject to public finance processes; it is not an automatic entitlement created by this Act.

Identify whether your products and activities fall within the Act. Start by checking whether substances you handle are listed in Schedule 1 (CFC‑11, CFC‑12, CFC‑113, CFC‑114, CFC‑115, Halon‑1211, Halon‑1301, Halon‑2402) (Schedule 1; s 4). Also monitor regulatory instruments for any additional substances prescribed under s 4(b) following Ministerial recommendation under s 5. Compliance requires staying current with both the Act and the subordinate regulations.

Implement licensing and registration discipline. If regulations require licensing or registration for persons, premises or plant containing controlled substances (s 7), establish processes to identify licence or registration triggers, prepare and lodge applications on time, and factor licence fees into budgeting. Maintain a register of premises and plant subject to registration to ensure renewal and condition compliance.

Adopt recordkeeping and retention systems. Anticipate regulations that require specified records and returns and retention for specified periods, including after cessation of activities (s 11). Implement an auditable records system that captures manufacture, sale, distribution, storage, use and disposal of controlled substances and that allows timely production of information in response to an Authority notice under s 14.

Prepare for information notices and confidentiality safeguards. Section 14 authorises the Authority to require information about business activities relating to controlled substances or articles. Designate responsible officers to receive and respond to notices, ensure timely compliance with statutory timeframes to avoid penalties (s 14(3)), and establish internal protocols for handling information provided to regulators, taking into account the confidentiality restrictions in s 15 and the limited circumstances in which disclosure is permitted.

Establish training, accreditation and competence. If regulations prescribe qualifications or accreditation requirements for persons who design, install, service, maintain, repair, modify or decommission plant or equipment (s 10), ensure relevant staff undertake approved courses and that your business obtains any required approvals or accreditation from the Authority. Maintain records of employee certifications and revalidation to meet regulatory audits and liability enquiries.

Design product stewardship and recovery arrangements. Prepare to meet regulatory obligations for recovery, recycling, disposal and destruction, including potential deposit‑refund schemes or manufacturer take‑back obligations (s 8(a)-(d)). Document logistical plans, contractual arrangements with waste handlers, and ensure authorised disposal methods meet any standards specified in regulation. Budget for possible Authority cost recovery if the Authority must undertake disposal on your behalf (s 8(e)).

Adopt labelling and codes of practice compliance. Ensure controlled substances and controlled articles are labelled in the manner required by regulation (s 12) and that core operations conform to any current industry codes of practice adopted by regulation (s 9). Keep records of compliance with codes and any internal monitoring to evidence adherence if inspected.

Mitigate corporate and employment liability. Because employers are treated as having contravened for employee contraventions (s 21) and directors are liable where they knowingly authorise contraventions (s 22), establish compliance governance: written policies, supervision, incident reporting, training, internal audits and a mechanism to demonstrate due diligence. Ensure senior management are briefed on statutory exposures and that compliance systems are documented and actively enforced.

Manage disclosure risk. Put in place procedures for managing confidential information obtained in the course of administration, ensuring that any disclosure of manufacturing or commercial secrets is only made within the exceptions in s 15 or with Ministerial permission when in the public interest. Maintain a disclosure log and legal review for any requests that implicate s 15.

Track regulatory change and ministerial recommendations. The addition of new controlled substances requires a Minister’s recommendation (s 5) and subsequent regulation (s 4(b)). Monitor Ministerial statements, consultation processes, and regulatory instruments, and engage in consultation where appropriate, recognising s 32’s inter‑ministerial consultation requirement that may affect regulatory timing and content.

Plan for inspections and integrated enforcement. Because Chapters 7 and 8 of the Protection of the Environment Operations Act 1997 apply (s 33(2)), and authorised officers are as defined in that Act (s 4), prepare for on‑site inspections, evidence collection and investigative processes under that statute. Implement procedures for authorised officers’ visits: designate liaison officers, ensure readily available records, and conduct mock inspections to test readiness.

Address cross‑jurisdictional interactions. If your operations span Australian jurisdictions, identify where regulations may recognise exemptions granted under other States, Territories or Commonwealth law (s 13(1)(b)). Where applicable, harmonise compliance approaches and ensure that cross‑jurisdictional exemptions are recorded and relied on only to the extent the regulations permit.

Budget for fees, penalties and potential cost recovery. Anticipate licence and registration fees (s 7), potential penalties if regulations prescribe offences (s 31), and the possibility that the Authority may recover costs for disposal activities it undertakes (s 8(e)). Include these contingencies in compliance budgeting and risk registers.

Maintain stakeholder and ministerial engagement. Where regulatory proposals are in flight, plan to engage with the Minister’s consultation committee specified in s 32(2), either directly or through industry associations, to influence the content and timing of regulations. Engagement is particularly material in areas where technical standards, safety and cross‑portfolio regulatory concerns intersect.

In sum, compliance is primarily about tracking regulatory content, implementing robust recordkeeping and process controls, ensuring accredited competence where required, preparing for investigatory engagement under the Protection of the Environment Operations Act, and managing corporate governance to mitigate employer and director exposure. The Act creates the framework; the regulations will contain the operative duties and offences that must be complied with in practice.