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Commonwealth act
This Act controls who can make, import, and export substances that damage the ozone layer or contribute to climate change — and the equipment that contains or uses those substances.
Why it exists: Australia signed international agreements (the Montreal Protocol on ozone protection, and the Paris Agreement/Kyoto Protocol on climate change) that require it to phase down and control these chemicals. This Act is how Australia keeps those promises.
This law applies to any business or individual in Australia who:
This includes manufacturers, importers, exporters, and businesses in the refrigeration, air conditioning, fire protection, and industrial sectors.
You cannot make, import, or export these chemicals or equipment containing them without a licence. There are five types:
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Direct links to the current provisions in Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Licensees who deal in HCFCs or HFCs (the most common refrigerants) are subject to strict quantity limits (quotas). The government sets an industry-wide cap each year, then divides it among licence holders. Exceeding your quota is a breach of your licence.
It is generally illegal to discharge a scheduled substance in a way that allows it to enter the atmosphere — for example, venting refrigerant gas when servicing equipment.
HCFCs manufactured or imported on or after 1 January 2020 cannot be used at all (there are narrow exceptions).
Breaching a licence condition is a criminal offence (up to 500 penalty units — roughly $165,000 for an individual) or a civil penalty of up to 600 penalty units (~$198,000).
Some situations are exempt, including:
The law is enforced by inspectors (Australian Federal Police, Customs officers, or departmentally appointed inspectors). Penalties include fines and criminal prosecution. Goods can also be seized and forfeited.
Decisions by the Minister (like refusing or cancelling a licence) can be reviewed internally and then by the courts.
If your business deals in refrigerants, fire suppressants, industrial gases, or equipment using them — you need a licence and must stay within your quota. The government is progressively tightening limits on these substances to meet climate and ozone commitments. Non-compliance carries serious financial and criminal penalties.