Part I
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Commonwealth act
This Act tightly controls who can make, import or export ozone‑depleting and synthetic greenhouse gases (and equipment that contains them), to meet Australia’s international ozone and climate commitments. It affects manufacturers, importers, exporters and businesses in refrigeration, air‑conditioning, fire protection and related industries.
You generally must hold a licence and comply with government quotas, must not vent these substances to atmosphere, and face heavy civil or criminal penalties, inspections, seizures and review rights for licensing decisions.
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Direct links to the current provisions in Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
This Act may be cited as the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
This Act commences on the day on which it receives the Royal Assent.
The objectives of this Act are: (a) to institute, for the purpose of giving effect to Australia’s obligations under the Vienna Convention and the Montreal Protocol, a system of controls on the manufacture, import and export of ozone depleting substances and SGGs; and (b) to institute, and to provide for the institution of, specific controls on the manufacture, import, export, distribution and use of equipment that contains such substances or uses such substances in its operation; and (c) to use the best endeavours to encourage Australian industry to: (i) replace ozone depleting substances and SGGs; and (ii) achieve a faster and greater reduction in the levels of production and use of ozone depleting substances and SGGs than are provided for in the Vienna Convention and the Montreal Protocol; to the extent that such replacements and achievements are reasonably possible within the limits imposed by the availability of suitable alternate substances, and appropriate technology and devices; and (d) to provide controls on the manufacture, import, export and use of SGGs, for the purposes of giving effect to Australia’s obligations under the Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement; and (e) to promote the responsible management of scheduled substances so as to minimise their impact on the atmosphere.
This Act provides for controls on activities involving certain ozone depleting substances and synthetic greenhouse gases (SGGs), collectively referred to as scheduled substances.
A person must not carry out any of the following activities unless the person holds a licence that allows the activity (subject to certain exceptions):
(a) manufacturing, importing or exporting a scheduled substance;
(b) manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation.
In certain cases, the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation, is prohibited only if the equipment or substance (or both) is prescribed by regulations made under this Act.
There are 5 kinds of licence, as follows:
(a) controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs;
(b) essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses;
(c) used substances licences, that allow the import or export of used substances;
(d) feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock;
(e) equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation.
There are certain mandatory licence conditions, including conditions relating to quotas for manufacturing or importing HCFCs or HFCs under controlled substances licences. The Minister may also impose licence conditions.
Regulations made under this Act may make provision for the following:
(a) prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;
(b) prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs);
(c) prohibiting or regulating the recovery, recycling or destruction of scheduled substances;
(d) labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances.
A person must not, except in limited circumstances:
(a) discharge a scheduled substance if it is likely to enter the atmosphere; or
(b) use an HCFC that was manufactured or imported on or after 1 January 2020.
A person may have reporting obligations if the person:
(a) manufactures, imports or exports a scheduled substance; or
(b) manufactures, imports or exports equipment under an equipment licence.
Record‑keeping obligations relating to the manufacture, import or export of scheduled substances by licensees are provided for by the regulations.
This Act and the regulations are enforced by triggering certain provisions of the Regulatory Powers Act. Provision is also made for:
(a) the use and disclosure of information obtained under this Act or the Regulatory Powers Act as it applies in relation to this Act; and
(b) applicants and licensees to seek review of certain decisions made under this Act.
It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the protection of ozone in the atmosphere and is capable of operating concurrently with this Act.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States and of an internal Territory that has been established as a body politic. (2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State or of an internal Territory liable to be prosecuted for an offence.
This Act extends to all the external Territories.
Chapter 2 of the Criminal Code applies to all offences against this Act or the regulations.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty. (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision. (3) For the purposes of applying Chapter 2 of the Criminal Code to the offence, the physical elements of the offence are set out in the conduct provision.
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
This Part is about terms used in this Act.
Section 7 is like a dictionary and contains a list of most terms that are defined in the Act. A term will either be defined in section 7 or in another provision of this Act. If another provision defines the term, section 7 will usually have a signpost to that definition.
The remaining provisions of this Part either define particular terms that are used elsewhere in the Act or affect the meaning of references to particular expressions.
In this Act, unless the contrary intention appears:
100‑year global warming potential of a scheduled substance means the 100‑year global warming potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.
approved form means a form approved under section 66A.
Australia includes all the external Territories.
bulk scheduled substance has the meaning given by section 9.
CFC (short for chlorofluorocarbon) means a substance covered by clause 1 of Schedule 1, whether existing alone or in a mixture.
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
CO2e megatonnes has the meaning given by section 9A.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
containing: equipment containing a scheduled substance has a meaning affected by section 9.
contravene an offence or civil penalty provision has a meaning affected by section 6B.
Note: The meaning of contravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901).
controlled substances licence means a licence referred to in subsection 13A(2).
critical uses, of methyl bromide, has the meaning given by subsection 18(10).
designated court means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the regulations.
Note: For jurisdiction of State and Territory courts, see sections 69C and 69D.
distribution includes sale and supply, whether for consideration or not.
emergency use, of methyl bromide, has the meaning given by subsection 18(10).
engage in conduct has the same meaning as in the Criminal Code.
entrusted person means:
(a) the Minister; or
(b) the Secretary; or
(c) an APS employee in the Department; or
(d) any other person employed in, or engaged by, the Department.
equipment includes products.
equipment licence means a licence referred to in subsection 13A(6).
essential use has the meaning given by subsection 13A(3B).
essential uses licence means a licence referred to in subsection 13A(3).
executive officer of a body corporate means:
(a) a director of the body corporate; or
(b) the chief executive officer (however described) of the body corporate; or
(c) the chief financial officer (however described) of the body corporate; or
(d) the secretary of the body corporate.
export, in relation to goods or a substance, means do an act that constitutes exportation of the goods or substance from Australia within the meaning of section 112 of the Customs Act 1901, or would constitute such exportation if the external Territories were part of Australia for the purposes of that Act.
feedstock means an intermediate substance which is used to manufacture other chemicals.
feedstock licence means a licence referred to in subsection 13A(5).
forfeitable goods has the meaning given by section 57.
forfeiture notice means a notice under subsection 60A(1).
Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as in force for Australia from time to time.
Note: The Framework Convention, as originally in force for Australia, is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
halon means any substance covered by clause 2 of Schedule 1, whether existing alone or in a mixture.
HBFC (short for hydrobromofluorocarbon) means a substance covered by clause 6 of Schedule 1, whether existing alone or in a mixture.
HCFC (short for hydrochlorofluorocarbon) means a substance covered by clause 5 of Schedule 1, whether existing alone or in a mixture.
HCFC industry limit, in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 24.
HCFC licence means a controlled substances licence that relates to HCFCs.
HCFC quota means an HCFC quota allocated for a quota period under section 28.
Note: A reserve HCFC quota is not an HCFC quota.
heel allowance percentage for a substance means the percentage prescribed by the regulations for the substance for the purposes of this definition.
HFC (short for hydrofluorocarbon) means a substance covered by clause 9 of Schedule 1, whether existing alone or in a mixture.
HFC industry limit has the meaning given by section 36A.
HFC quota means an HFC quota allocated for a calendar year under regulations made for the purposes of section 36C.
Note: A reserve HFC quota is not an HFC quota.
import, in relation to goods or a substance, means do an act that constitutes importation of the goods or substance into Australia within the meaning of section 50 of the Customs Act 1901, or would constitute such importation if the external Territories were part of Australia for the purposes of that Act.
inspector means:
(a) a member or special member of the Australian Federal Police; or
(b) an officer of Customs; or
(c) a person appointed by the Secretary as an inspector under section 49.
Kigali Amendment means the Amendment to the Montreal Protocol adopted by Decision XXVIII/1 of the Twenty‑Eighth Meeting of the Parties to the Montreal Protocol at Kigali on 15 October 2016.
Note: In 2017, the Kigali Amendment could be viewed at the United Nations website (www.un.org).
Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.
Note: The Kyoto Protocol, as originally in force for Australia, is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2), and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
laboratory and analytical uses, of methyl bromide, has the meaning given by subsection 18(10).
licence (except when used in Part IV) means a controlled substances licence, an essential uses licence, a used substances licence, an equipment licence or a feedstock licence.
licence period means a period referred to in section 8A.
licensee means a person who holds a licence under section 16.
methyl bromide means the substance covered by clause 7 of Schedule 1, whether existing alone or in a mixture.
Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer done at Montreal on 16 September 1987, as in force for Australia from time to time.
Note: The Montreal Protocol, as originally in force for Australia, is in Australian Treaty Series 1989 No. 18 ([1989] ATS 18) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
nitrogen trifluoride means the substance covered by clause 12 of Schedule 1, whether existing alone or in a mixture.
ODP tonnes has the meaning given in section 10.
ODS equipment means equipment that:
(a) contains a scheduled substance other than an SGG; or
(b) uses a scheduled substance other than an SGG in its operation.
Note: Equipment may be covered by this definition even if the equipment also contains a scheduled substance that is an SGG.
offence against this Act or the regulations includes an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
Note: See also section 11.6 of the Criminal Code.
officer of Customs has the same meaning as in the Customs Act 1901.
official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
ozone depleting potential of a scheduled substance means the ozone depleting potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.
Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement, as originally in force for Australia, is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
PFC (short for perfluorocarbon) means a substance covered by clause 10 of Schedule 1, whether existing alone or in a mixture.
protected information means information of any of the following kinds obtained by an entrusted person:
(a) information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;
(b) information the disclosure of which could reasonably be expected to prejudice the effective working of government;
(c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;
(d) information the disclosure of which could reasonably be expected to endanger a person’s life or physical safety;
(e) information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment.
QPS use, of methyl bromide, has the meaning given by subsection 18(11).
quota means an HCFC quota or a reserve HCFC quota.
quota period has the meaning given by section 23A.
Note: Quota periods relate to HCFC quotas. There are also HFC quotas, which are allocated for calendar years.
reconsideration decision has the meaning given by subsection 65ZB(2).
refrigeration and air conditioning equipment has the meaning given by subsection 12B(2).
regulated HCFC activity has the meaning given by section 25A.
regulated HFC activity has the meaning given by section 36B.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means information obtained by an entrusted person under, or in accordance with, this Act or the Regulatory Powers Act as it applies in relation to this Act.
reporting period means a period of 6 months starting on 1 January or 1 July.
reserve HCFC quota means a reserve HCFC quota allocated under section 28.
Note: A reserve HCFC quota is not an HCFC quota.
reserve HCFC quota limit, in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 25.
reserve HFC quota means a reserve HFC quota allocated under regulations made for the purposes of section 36G.
Note: A reserve HFC quota is not an HFC quota.
reserve HFC quota limit has the meaning given by subsection 36G(3).
reviewable decision has the meaning given by section 65X.
scheduled substance means a substance covered by a clause in Schedule 1, whether existing alone or in a mixture.
Secretary means the Secretary of the Department.
SGG or synthetic greenhouse gas means any of the following:
(a) an HFC;
(b) nitrogen trifluoride;
(c) a PFC;
(d) sulfur hexafluoride.
SGG equipment means equipment that:
(a) contains an SGG and does not contain any scheduled substance that is not an SGG; or
(b) uses an SGG in its operation and does not use any scheduled substance that is not an SGG in its operation.
Note: Equipment that contains a scheduled substance other than an SGG, or that uses a scheduled substance other than an SGG in its operation, is ODS equipment.
SGG licence means a controlled substances licence that relates to SGGs.
SGG licensee means the holder of an SGG licence.
State or Territory government body means:
(a) a Department of State of a State or Territory; or
(b) an agency of a State or Territory; or
(c) an authority of a State or Territory.
sulfur hexafluoride means the substance covered by clause 11 of Schedule 1, whether existing alone or in a mixture.
suspended: a licence is suspended if it is suspended under subsection 19D(1).
used substance has the meaning given by section 9AA.
used substances licence means a licence referred to in subsection 13A(4).
using a scheduled substance in the operation of equipment has a meaning affected by section 9.
Vienna Convention means the Vienna Convention for the Protection of the Ozone Layer done at Vienna on 22 March 1985, as in force for Australia from time to time.
Note: The Vienna Convention, as originally in force for Australia, is in Australian Treaty Series 1988 No. 26 ([1988] ATS 26) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(1) For the purposes of this Act, each licence period is 2 years. (2) The first licence period starts on 1 January 1996. (3) Each licence period, except the first, starts at the end of the last preceding one.
Scheduled substances (1) A reference in this Act to a scheduled substance (or type of scheduled substance) is a reference to a bulk scheduled substance (or a bulk scheduled substance of that type), except if the reference is in relation to equipment that: (a) contains a scheduled substance (or type of scheduled substance); or (b) uses a scheduled substance (or type of scheduled substance) in its operation. (2) A scheduled substance is a bulk scheduled substance unless the substance is: (a) contained in equipment; or (b) used in the operation of equipment.
Note: Example: Paragraph (b)—a scheduled substance that is used as a propellant in an aerosol spray or fire extinguisher is not a bulk scheduled substance.
Note 1: Subsection (3) affects whether a scheduled substance is contained in, or used in the operation of, equipment for the purposes of this subsection.
Note 2: Subsection (4) and regulations made for the purposes of paragraph (5)(a) may also affect whether a substance is a bulk scheduled substance.
Equipment used only for storing or transporting a scheduled substance (3) A reference in this Act to: (a) equipment containing a scheduled substance (or type of scheduled substance); or (b) equipment using a scheduled substance (or type of scheduled substance) in its operation; does not cover equipment that contains a scheduled substance, or is being used, for the sole purpose of storing or transporting the substance.
Note: Subsection (4) and regulations made for the purposes of paragraph (5)(b) or (c) may also affect whether a substance is contained in, or used in the operation of, equipment.
Substances used in the process of manufacturing equipment (4) A scheduled substance that is contained in equipment only because the substance was used in the process of manufacturing the equipment is neither: (a) a bulk scheduled substance; nor (b) contained in, or used in the operation of, the equipment.
Note: Example: A scheduled substance that remains in minute quantities in open cell foam after being used in the production of the foam.
Regulations (5) The regulations may provide that, in prescribed circumstances, a scheduled substance: (a) is taken to be, or not to be, a bulk scheduled substance; or (b) is taken to be, or not to be, contained in equipment; or (c) is taken to be, or not to be, used in the operation of equipment; or (d) is taken to be, or not to be, contained in equipment for the sole purpose of storing or transporting the substance; (e) is taken to be, or not to be, contained in equipment only because the substance was used in the process of manufacturing the equipment. (6) Regulations made for the purposes of subsection (5) have effect despite subsections (2) to (4).
(1) Subject to subsection (2), a scheduled substance is a used substance for the purposes of this Act if it is: (a) collected from a container or other equipment during servicing, or in connection with the disposal, of the container or other equipment; or (b) collected after an emissive use of the substance. (2) The regulations may provide that, in prescribed circumstances, a scheduled substance: (a) is taken to be a used substance; or (b) is taken not to be a used substance.
(1) A reference in this Act to CO2e megatonnes, in relation to an HFC, is a reference to the quantity of the HFC that results from multiplying its mass in megatonnes by its 100‑year global warming potential. (2) If a substance is or contains a mixture of 2 or more HFCs, the quantity of the substance, expressed in CO2e megatonnes, is the quantity that results from adding together the quantities of each of those HFCs, expressed in CO2e megatonnes.
(1) A reference in this Act to ODP tonnes, in relation to an HCFC, is a reference to the quantity of the HCFC that results from multiplying its mass in tonnes by its ozone depleting potential. (2) If a substance is or contains a mixture of 2 or more HCFCs, the quantity of the substance, expressed in ODP tonnes, is the quantity that results from adding together the quantities of each of those HCFCs, expressed in ODP tonnes.
(1) In this Act a reference to the manufacture of scheduled substances does not include a reference to a process by which a quantity of scheduled substances is produced by the recycling of substances containing scheduled substances of that quantity. (2) For the purposes of this Act, where a process for the manufacture of a quantity of scheduled substances involves, in part, the recycling of substances containing scheduled substances of a lesser quantity, the quantity of scheduled substances manufactured in the process shall be taken to be reduced by the quantity of scheduled substances in the substances recycled in the process.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
This Act commences on the day on which it receives the Royal Assent.
The objectives of this Act are: (a) to institute, for the purpose of giving effect to Australia’s obligations under the Vienna Convention and the Montreal Protocol, a system of controls on the manufacture, import and export of ozone depleting substances and SGGs; and (b) to institute, and to provide for the institution of, specific controls on the manufacture, import, export, distribution and use of equipment that contains such substances or uses such substances in its operation; and (c) to use the best endeavours to encourage Australian industry to: (i) replace ozone depleting substances and SGGs; and (ii) achieve a faster and greater reduction in the levels of production and use of ozone depleting substances and SGGs than are provided for in the Vienna Convention and the Montreal Protocol; to the extent that such replacements and achievements are reasonably possible within the limits imposed by the availability of suitable alternate substances, and appropriate technology and devices; and (d) to provide controls on the manufacture, import, export and use of SGGs, for the purposes of giving effect to Australia’s obligations under the Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement; and (e) to promote the responsible management of scheduled substances so as to minimise their impact on the atmosphere.
This Act provides for controls on activities involving certain ozone depleting substances and synthetic greenhouse gases (SGGs), collectively referred to as scheduled substances.
A person must not carry out any of the following activities unless the person holds a licence that allows the activity (subject to certain exceptions):
(a) manufacturing, importing or exporting a scheduled substance;
(b) manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation.
In certain cases, the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation, is prohibited only if the equipment or substance (or both) is prescribed by regulations made under this Act.
There are 5 kinds of licence, as follows:
(a) controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs;
(b) essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses;
(c) used substances licences, that allow the import or export of used substances;
(d) feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock;
(e) equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation.
There are certain mandatory licence conditions, including conditions relating to quotas for manufacturing or importing HCFCs or HFCs under controlled substances licences. The Minister may also impose licence conditions.
Regulations made under this Act may make provision for the following:
(a) prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;
(b) prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs);
(c) prohibiting or regulating the recovery, recycling or destruction of scheduled substances;
(d) labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances.
A person must not, except in limited circumstances:
(a) discharge a scheduled substance if it is likely to enter the atmosphere; or
(b) use an HCFC that was manufactured or imported on or after 1 January 2020.
A person may have reporting obligations if the person:
(a) manufactures, imports or exports a scheduled substance; or
(b) manufactures, imports or exports equipment under an equipment licence.
Record‑keeping obligations relating to the manufacture, import or export of scheduled substances by licensees are provided for by the regulations.
This Act and the regulations are enforced by triggering certain provisions of the Regulatory Powers Act. Provision is also made for:
(a) the use and disclosure of information obtained under this Act or the Regulatory Powers Act as it applies in relation to this Act; and
(b) applicants and licensees to seek review of certain decisions made under this Act.
It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the protection of ozone in the atmosphere and is capable of operating concurrently with this Act.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States and of an internal Territory that has been established as a body politic. (2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State or of an internal Territory liable to be prosecuted for an offence.
This Act extends to all the external Territories.
Chapter 2 of the Criminal Code applies to all offences against this Act or the regulations.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty. (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision. (3) For the purposes of applying Chapter 2 of the Criminal Code to the offence, the physical elements of the offence are set out in the conduct provision.
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
This Part is about terms used in this Act.
Section 7 is like a dictionary and contains a list of most terms that are defined in the Act. A term will either be defined in section 7 or in another provision of this Act. If another provision defines the term, section 7 will usually have a signpost to that definition.
The remaining provisions of this Part either define particular terms that are used elsewhere in the Act or affect the meaning of references to particular expressions.
In this Act, unless the contrary intention appears:
100‑year global warming potential of a scheduled substance means the 100‑year global warming potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.
approved form means a form approved under section 66A.
Australia includes all the external Territories.
bulk scheduled substance has the meaning given by section 9.
CFC (short for chlorofluorocarbon) means a substance covered by clause 1 of Schedule 1, whether existing alone or in a mixture.
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
CO2e megatonnes has the meaning given by section 9A.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
containing: equipment containing a scheduled substance has a meaning affected by section 9.
contravene an offence or civil penalty provision has a meaning affected by section 6B.
Note: The meaning of contravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901).
controlled substances licence means a licence referred to in subsection 13A(2).
critical uses, of methyl bromide, has the meaning given by subsection 18(10).
designated court means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the regulations.
Note: For jurisdiction of State and Territory courts, see sections 69C and 69D.
distribution includes sale and supply, whether for consideration or not.
emergency use, of methyl bromide, has the meaning given by subsection 18(10).
engage in conduct has the same meaning as in the Criminal Code.
entrusted person means:
(a) the Minister; or
(b) the Secretary; or
(c) an APS employee in the Department; or
(d) any other person employed in, or engaged by, the Department.
equipment includes products.
equipment licence means a licence referred to in subsection 13A(6).
essential use has the meaning given by subsection 13A(3B).
essential uses licence means a licence referred to in subsection 13A(3).
executive officer of a body corporate means:
(a) a director of the body corporate; or
(b) the chief executive officer (however described) of the body corporate; or
(c) the chief financial officer (however described) of the body corporate; or
(d) the secretary of the body corporate.
export, in relation to goods or a substance, means do an act that constitutes exportation of the goods or substance from Australia within the meaning of section 112 of the Customs Act 1901, or would constitute such exportation if the external Territories were part of Australia for the purposes of that Act.
feedstock means an intermediate substance which is used to manufacture other chemicals.
feedstock licence means a licence referred to in subsection 13A(5).
forfeitable goods has the meaning given by section 57.
forfeiture notice means a notice under subsection 60A(1).
Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as in force for Australia from time to time.
Note: The Framework Convention, as originally in force for Australia, is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
halon means any substance covered by clause 2 of Schedule 1, whether existing alone or in a mixture.
HBFC (short for hydrobromofluorocarbon) means a substance covered by clause 6 of Schedule 1, whether existing alone or in a mixture.
HCFC (short for hydrochlorofluorocarbon) means a substance covered by clause 5 of Schedule 1, whether existing alone or in a mixture.
HCFC industry limit, in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 24.
HCFC licence means a controlled substances licence that relates to HCFCs.
HCFC quota means an HCFC quota allocated for a quota period under section 28.
Note: A reserve HCFC quota is not an HCFC quota.
heel allowance percentage for a substance means the percentage prescribed by the regulations for the substance for the purposes of this definition.
HFC (short for hydrofluorocarbon) means a substance covered by clause 9 of Schedule 1, whether existing alone or in a mixture.
HFC industry limit has the meaning given by section 36A.
HFC quota means an HFC quota allocated for a calendar year under regulations made for the purposes of section 36C.
Note: A reserve HFC quota is not an HFC quota.
import, in relation to goods or a substance, means do an act that constitutes importation of the goods or substance into Australia within the meaning of section 50 of the Customs Act 1901, or would constitute such importation if the external Territories were part of Australia for the purposes of that Act.
inspector means:
(a) a member or special member of the Australian Federal Police; or
(b) an officer of Customs; or
(c) a person appointed by the Secretary as an inspector under section 49.
Kigali Amendment means the Amendment to the Montreal Protocol adopted by Decision XXVIII/1 of the Twenty‑Eighth Meeting of the Parties to the Montreal Protocol at Kigali on 15 October 2016.
Note: In 2017, the Kigali Amendment could be viewed at the United Nations website (www.un.org).
Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.
Note: The Kyoto Protocol, as originally in force for Australia, is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2), and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
laboratory and analytical uses, of methyl bromide, has the meaning given by subsection 18(10).
licence (except when used in Part IV) means a controlled substances licence, an essential uses licence, a used substances licence, an equipment licence or a feedstock licence.
licence period means a period referred to in section 8A.
licensee means a person who holds a licence under section 16.
methyl bromide means the substance covered by clause 7 of Schedule 1, whether existing alone or in a mixture.
Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer done at Montreal on 16 September 1987, as in force for Australia from time to time.
Note: The Montreal Protocol, as originally in force for Australia, is in Australian Treaty Series 1989 No. 18 ([1989] ATS 18) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
nitrogen trifluoride means the substance covered by clause 12 of Schedule 1, whether existing alone or in a mixture.
ODP tonnes has the meaning given in section 10.
ODS equipment means equipment that:
(a) contains a scheduled substance other than an SGG; or
(b) uses a scheduled substance other than an SGG in its operation.
Note: Equipment may be covered by this definition even if the equipment also contains a scheduled substance that is an SGG.
offence against this Act or the regulations includes an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
Note: See also section 11.6 of the Criminal Code.
officer of Customs has the same meaning as in the Customs Act 1901.
official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
ozone depleting potential of a scheduled substance means the ozone depleting potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.
Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement, as originally in force for Australia, is in Austr
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