The Determination is structured around a small set of interlocking concepts defined in the instrument itself and by reference to the Act and Regulations (see s 5 notes). The central concepts are:

• Non-grandfathered quota and HFC quota: the instrument only allocates non-grandfathered HFC quota. The term "non-grandfathered quota" is referenced but not defined in full inside the Determination; the instrument directs the reader to the Regulations for that definition (s 5 note). The instrument treats HFC quota and the related industry limit as quantities measured in CO2e (carbon dioxide equivalent).

• CO2e and CO2e tonne: CO2e is used as the unit of measurement for quota and limits. A CO2e tonne is defined in the Determination as 1/1,000,000 of a CO2e megatonne (s 5). This allows conversion of the industry limit stated in CO2e megatonnes into CO2e tonnes for arithmetic in the entitlement formula.

• Non-grandfathered HFC industry limit: the Determination fixes the non-grandfathered HFC industry limit at 0.2625 CO2e megatonnes (s 5). The instrument notes that this figure arises as the non-grandfathered percentage (5%) of the HFC industry limit (5.25 CO2e megatonnes) for the years in the third HFC quota allocation period (s 5 note).

• Eligible applicant and eligible applicant entitlement amount: the instrument defines "eligible applicant" by reference to subregulation 51(1) of the Regulations, limited by an express exclusion of the Commonwealth (s 5). The eligible applicant entitlement amount is a derived figure computed as (the non-grandfathered HFC industry limit − 130 CO2e tonnes) divided by the number of eligible applicants who apply under s 6(a) (s 5).

• Entitlement and application: entitlement for eligible applicants is conditional on making an application for non-grandfathered quota; entitlement for the Commonwealth is not conditioned on application (s 6). The equal-share formula means each eligible applicant who applies receives the same CO2e tonne allocation for each year set by the Determination (s 7 and s 5).

• Fixed Commonwealth share: the Determination reserves 130 CO2e tonnes for the Commonwealth (s 7(b)). The remainder of the non-grandfathered industry limit is then split equally among eligible applicants who apply.

The instrument therefore combines a fixed quantum for the Commonwealth with an equal-split rule for eligible private-sector applicants, anchored to a stated industry limit and expressed in CO2e units. The Determination does not specify application timing or administrative procedures; those are matters for the Regulations or administrative practice referenced in the Act and Regulations (s 3, s 5 note).

The Determination directly affects three categories of actors defined or referenced within the instrument:

• Eligible applicants (private persons or entities other than the Commonwealth): "eligible applicant" is defined to mean 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 (s 5). The Determination does not name those persons; it relies on the eligibility criteria set out in subregulation 51(1) of the Regulations. Practically, this means the Determination affects entities that the Regulations label as entitled for the relevant allocation period, provided they apply for non-grandfathered quota (s 6(a)).

• The Commonwealth (Department of Climate Change, Energy, the Environment and Water): the instrument expressly designates the Commonwealth, as represented by that Department, as an entitled recipient for each of the years the Determination covers (s 6(b)). The Commonwealth is allocated a fixed amount of 130 CO2e tonnes for each year (s 7(b)).

• Regulatory administrators and implementers: the Department identified to represent the Commonwealth is named in the Determination (s 6(b), s 7(b)). Additionally, officials administering the Act and Regulations will use this Determination to implement quota allocation for the specified years because the instrument is made under subregulation 51(4) of the Regulations (s 3). The Determination therefore affects departmental allocations, record-keeping, and the administrative process of issuing quota.

Indirectly affected parties include market participants who trade in HFC quota or rely on access to non-grandfathered quota to import, produce or service equipment that uses HFCs, but the Determination itself does not create trading rules, price controls, or enforcement provisions. It fixes allocation quantities that will feed into the broader quota system managed under the Act and Regulations (s 5 notes). The instrument also affects the supply of non-grandfathered quota available to eligible applicants because the equal-split rule means allocation per applicant depends on how many eligible applicants apply (s 5). This creates an endogenous link between applicant behaviour (whether to apply) and the size of entitlement each applicant receives.

The Determination does not specify application procedures, deadlines, or the means by which applicants notify the administering authority, so the administrative burden and practical steps for affected private entities are determined by the Act, the Regulations and departmental guidance referenced but not reproduced in the Determination (s 3 and s 5 notes).

The Determination establishes rights and a narrow duty to apply, rather than a broad set of regulatory obligations. The core rights and duties created or triggered by the instrument are:

Rights

• Right to non-grandfathered quota for the specified years: persons who qualify as eligible applicants and who make an application for non-grandfathered quota are entitled to non-grandfathered quota for each of the years specified (s 6(a)). The Commonwealth, represented by the named Department, is separately entitled to non-grandfathered quota for each of the specified years (s 6(b)). The amount of quota to which each entitled party is entitled for each year is specified in s 7.

• Right to a fixed 130 CO2e tonnes for the Commonwealth: s 7(b) grants a fixed per-year allocation to the Commonwealth, which is a positive legal right in the Determination.

Duties or conditions

• Duty to apply for entitlement (private eligible applicants): the legal entitlement for eligible applicants is conditional on taking the administrative step of making an application for non-grandfathered quota (s 6(a)). The Determination therefore imposes a procedural duty if an eligible applicant wishes to obtain the quota allocated under this Determination.

• Computation rule obligation: the Determination prescribes how to compute the eligible applicant entitlement amount: it is equal to (the non-grandfathered HFC industry limit − 130 CO2e tonnes) divided by the number of eligible applicants who apply under s 6(a) (s 5 definition of eligible applicant entitlement amount and s 7(a)). That computational formula must be applied by administrators and informs applicants of the quantum they can expect, subject to the operative definitions.

Not specified by the Determination

• The Determination does not specify application format, supporting information, verification requirements, deadlines, compliance monitoring, reporting, or transferability conditions for the quota. Those duties, if any, are located in the Regulations or administrative guidance (see s 3 and the s 5 notes referencing the Act and the Regulations).

• The Determination does not create or specify offences, penalties, or compliance processes; those are governed by the underlying Act and Regulations (s 3 and s 5 notes).

Operational effect

• The entitlement mechanism produces per-applicant allocations that vary inversely with the number of applicants who apply: the same fixed remainder is divided equally among the number of applicants. This creates a procedural duty (apply) to obtain the benefit, and an implicit strategic consideration for applicants because the per-applicant entitlement depends on how many other eligible applicants apply (s 5, s 6, s 7).

In summary, rights are positive allocations of quota expressed in CO2e tonnes; duties are mostly administrative (the need to apply). The Determination sets computation rules and a fixed Commonwealth share, but it delegates many procedural and enforcement duties to the Act and the Regulations referenced in the instrument (s 3 and s 5 notes).

The Determination contains no penalty or enforcement provisions within its text. It is an allocation instrument made under subregulation 51(4) of the Regulations and therefore sits inside the regulatory framework established by the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) and the Regulations (s 3 and s 5 notes). Enforcement, compliance monitoring, and penalties for contraventions of quota-related rules are matters for the Act and the Regulations, not for the Determination itself.

Explicitly observable points from the Determination:

• No offence provisions: the Determination does not create offences or prescribe penalties or sanctions for failure to apply, false applications, misuse of quota, or similar conduct. There are no monetary penalties or criminal sanctions in this instrument.
• Implementation authority: the Determination is made under subregulation 51(4) of the Regulations (s 3). That provision in the Regulations is the statutory hook that authorises the instrument to allocate quota. Any enforcement mechanism linked to allocations (for example, recovery of quota, suspension, cancellation or penalties for misuse) would need to be found in the Act or the Regulations and in departmental administrative procedures.
• Administrative process left to underlying law: the Determination’s operational mechanics (who receives what) are specified, but how administrators verify entitlement, how allocations are recorded, how recipients may trade, surrender or use quota, and what enforcement steps apply if allocations are misused are not specified in this instrument. Those matters remain the responsibility of the Act/Regulations and departmental implementation.

Practical implications for readers

• Entities relying on this Determination should consult the Act and the Regulations for enforcement and penalty details and any applicable compliance requirements. The Determination itself provides the entitlement amounts but does not create the enforcement regime that governs use or misuse of the allocated quota (s 3 and s 5 note).
• Administrative uncertainty can arise if an entitlement is misapplied or disputed, because the Determination provides the allocation arithmetic but not the dispute-resolution or remedial mechanisms; those will be found in the Act/Regulations or departmental policies referenced by those instruments.

In short, enforcement and penalty frameworks are outside the Determination; the instrument is a specification of allocation rights and computational rules rather than an enforcement instrument.

The Determination is an implementing instrument within the statutory framework created by the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) and the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Regulations). The instrument repeatedly cross-references those primary instruments and relies on them for definitions, eligibility criteria and the broader legal context (see s 3 and s 5 notes). Interaction points observable in the Determination include:

Statutory authority and subordinate instrument status

• Authority: the Determination is made under subregulation 51(4) of the Regulations (s 3). That identifies the Determination as a subordinate instrument exercising a power conferred by the Regulations. As such, the Determination must operate within the scope of that enabling provision and cannot expand or vary regulatory obligations beyond the power conferred in subregulation 51(4).

Dependency on definitions in the Act and Regulations

• Definitions: the Determination imports definitions by reference. It uses CO2e megatonnes and HFC quota, noting that those expressions are defined in the Act (s 5 note 1) and that other expressions (non-grandfathered quota, HFC quota allocation period) are defined in the Regulations (s 5 note 2). This means the practical meaning of quota units, how they are measured or converted, and the procedural definitions that determine eligibility are set by the Act and Regulations rather than by the Determination.

Eligibility and allocation mechanics

• Eligibility: the Determination defines "eligible applicant" by reference to subregulation 51(1) of the Regulations (s 5). The instrument therefore depends on the eligibility criteria and mechanisms in the Regulations to determine who can be an eligible applicant. The Determination does not alter those criteria; it only sets the allocation outcome for those who meet them and who apply.
• Allocation periods: the Determination applies to the HFC quota allocation period described in the Regulations; it identifies the years 2024 and 2025 as the years to which entitlement applies (s 6). The broader schedule or timing for quota allocation sits in the Regulations and the Act.

Administrative and departmental interaction

• Commonwealth representation: the Determination names the Department of Climate Change, Energy, the Environment and Water as the Commonwealth representative to receive the Commonwealth allocation (s 6(b) and s 7(b)). That links the Determination to administrative arrangements inside government and to departmental processes for receiving, recording and using quota.
• Commencement and registration: the Determination’s commencement is the day after registration (s 2 table). That interacts with any registration and publication requirements under subordinate legislation rules and administrative practice.

Operational interplay and gaps

• The Determination specifies allocations but not application procedures, deadlines, verification steps, trading, surrender or other operational features. Those features must be located in the Regulations or in departmental administrative instruments; absence of those procedural details in the Determination means implementers and applicants must refer to the Regulations and departmental guidance to operationalise entitlement.
• Measurement and conversion: by defining CO2e tonne as a fraction of a CO2e megatonne (s 5), the Determination interacts with how quantities are reported and converted under the Act/Regulations. Any differences in measurement conventions in other laws or international reporting regimes would require reconciliation through the Act/Regulations, not the Determination itself.

In sum, the Determination functions as a narrow implementing instrument that sets allocations under the broader Act/Regulations structure. It relies on those instruments for definitions, eligibility, enforcement and administrative procedure; it neither supplants nor duplicates those primary instruments (s 3, s 5 notes).

The Determination includes a commencement table and an express note that the table relates only to the provisions as originally made and "will not be amended to deal with any later amendments of this instrument" (s 2). From the text supplied, observable amendment-history facts are:

• Original instrument status: the Determination is presented in its original form. The commencement table states the whole instrument commences the day after registration (s 2 table). There are no subsequent amendment provisions in the text provided.

• No recorded amendments in the instrument text: the instrument as provided contains no amendment schedule, no later dates or modifications, and no historical entries indicating the instrument was amended after original registration. The s 2 note explicitly states that the table only relates to the instrument as originally made and will not be amended to deal with later amendments; this is explanatory text about the table, not an amendment history.

• Continuing relevance of the table information: s 2(2) makes clear that information in Column 3 of the commencement table is not part of the instrument and may be edited in published versions; that means published copies may carry non-legally-binding explanatory notes without altering the instrument’s legal text.

Because the supplied text contains no amendment entries and no later variation clauses, the amendment history as reflected in the instrument is blank beyond original registration and commencement. Any later amendments would require an amending instrument and would appear in subsequent registers or consolidated texts outside the present document. The Determination as supplied does not itself record a history of amendment.

Users should therefore treat the instrument as a single-stage delegated allocation determination fixing entitlements for the years specified at the date it commenced. To discover any changes made after registration, practitioners must search official legislative registers or consolidated sources external to this Determination text.

The Determination text supplied contains no references to litigation, court decisions, or disputes concerning its provisions. The instrument is an administrative allocation determination made under subregulation 51(4) of the Regulations and does not itself record any litigation history.

Concretely:

• No cases are named in the Determination.
• No judicial interpretations or references to prior litigation are included.
• There is no internal dispute-resolution mechanism described in the Determination.

If litigation or challenges arise about entitlement, interpretation of definitions, or administration of quotas allocated under this Determination, those matters would be litigated under the Act and the Regulations in the ordinary way. Any judicial interpretations or appellate decisions relevant to how subregulation 51(4) or related provisions operate would be external to this Determination and are not reported within the instrument.

Practitioners seeking litigation history relevant to the Determination should therefore consult legal databases for cases concerning the Act, the Regulations, subregulation 51(4), or allocation of non-grandfathered quota more generally, as none are supplied or relied upon in the Determination itself.

The Determination is short but contains a number of drafting and operational features that can create practical pitfalls for implementers and applicants. The following matters are supported by the instrument’s text and warrant attention:

1. Year inconsistency in s 7

• The instrument’s entitlement provision (s 6) refers to entitlement "for each of the years 2024 and 2025." Section 7 opens by stating the amount to which a person is entitled "for each of the years 2024 and 2023." That mismatch,2025 in s 6 and 2023 in s 7,creates an internal inconsistency. The Determination does not resolve the inconsistency within its text. Practitioners will need to check the registered instrument, any subsequent corrections or amending instruments, or departmental guidance to determine whether s 7 contains a typographical error or whether an alternative interpretation is intended.

2. Division by zero risk

• The eligible applicant entitlement amount is defined as (the non-grandfathered HFC industry limit − 130 CO2e tonnes) divided by the number of eligible applicants who apply for non-grandfathered quota under s 6(a) (s 5 definition). The Determination does not address the scenario where no eligible applicants apply. If zero eligible applicants apply, the denominator is zero, producing a mathematical and administrative problem. The instrument does not provide a fallback rule in that case.

3. Equal-share design versus market footprint

• The Determination divides the remainder equally among applying eligible applicants (s 7(a) read with the eligible applicant entitlement amount in s 5). This equal-split rule does not weight allocations by past emissions, market share, or other metrics. That is a concrete allocation mechanism that may be at odds with how applicants expect quota to be distributed, but the Determination itself makes no provision for proportional allocation. The policy consequence (pressure to apply or not) is embedded in the formula.

4. Commonwealth fixed 130 CO2e tonnes

• The Determination reserves 130 CO2e tonnes for the Commonwealth each year (s 7(b)). That amount is removed from the non-grandfathered HFC industry limit before splitting the remainder among applicants (s 5). The instrument does not explain the administrative use of the Commonwealth’s allocation or whether it is transferable, tradeable, or held for public purposes.

5. Dependency on external definitions and processes

• Key terms and procedural mechanics are defined and controlled by the Act and Regulations (s 5 notes). The Determination does not include application procedures, verification steps, or administrative deadlines. Practitioners must consult the Regulations and departmental processes for those details.

6. Units and conversion must be applied correctly

• The Determination states the non-grandfathered HFC industry limit as 0.2625 CO2e megatonnes (s 5) and defines a CO2e tonne as 1/1,000,000 of a CO2e megatonne (s 5). That implies the industry limit is 262,500 CO2e tonnes. The arithmetic implied by the eligible applicant entitlement amount therefore yields (262,500 − 130) = 262,370 CO2e tonnes to be divided among applicants. Implementers must apply the conversion consistently; the Determination provides the definitions necessary for that conversion (s 5).

7. Column 3 content non-operative

• The commencement table includes a Column 3 with "Date/Details" information. Section 2(2) expressly states any information in Column 3 is not part of the instrument and may be edited in published versions. Users must therefore not rely on Column 3 content as part of the operative law (s 2(2)).

8. Simplified outline is non-substantive

• The Determination contains a "Simplified outline" (s 4) that includes an image reference. That outline is not a source of legal obligations and does not alter the operative provisions.

Each of these points flows from explicit text in the Determination. They are risks or operational issues that require consultation of the registered instrument, the enabling Regulations, departmental guidance or an amending instrument to resolve.

The Determination sets an entitlement that is conditional on an administrative step for eligible applicants: making an application for non-grandfathered quota (s 6(a)). Compliance therefore focuses on confirming eligibility, applying correctly, and understanding the arithmetic of allocation. Steps supported by the Determination are:

1. Confirm eligibility under the Regulations

• The Determination defines "eligible applicant" by reference to subregulation 51(1) of the Regulations and explicitly excludes the Commonwealth from that definition in the Determination (s 5). To comply, an entity should first determine whether it satisfies subregulation 51(1) of the Regulations. The Determination itself does not list eligibility criteria; those are in the Regulations.

2. Make the required application

• Entitlement for eligible applicants is conditional on making an application for non-grandfathered quota (s 6(a)). The Determination does not specify application form, supporting evidence, or filing deadline. To comply, applicants must follow the application procedures set out in the Regulations or by the administering Department. Confirm the correct departmental submission channels and any documentary requirements in the Act/Regulations or departmental guidance.

3. Understand the amount you will receive

• The Determination sets per-year quantities. For the Commonwealth, the amount is fixed at 130 CO2e tonnes per year (s 7(b)). For eligible applicants, the entitlement amount equals (non-grandfathered HFC industry limit − 130 CO2e tonnes) divided by the number of eligible applicants who apply under s 6(a) (s 5 definition and s 7(a)). Apply the unit conversions the Determination supplies: 0.2625 CO2e megatonnes equals 262,500 CO2e tonnes given that a CO2e tonne is 1/1,000,000 of a CO2e megatonne (s 5). Therefore, the aggregate remainder for applicants is 262,370 CO2e tonnes, divided equally among applicants.

4. Account for the internal inconsistency and confirm years

• The Determination contains a year mismatch: s 6 refers to 2024 and 2025, whereas s 7 refers to 2024 and 2023. Before relying on the Determination for multi-year planning, confirm with the Department or the registered instrument whether the intended years are 2024 and 2025 (s 6 and s 7). Do not assume which year is correct based solely on the text without verifying the registered/authoritative version.

5. Plan for the equal-split allocation

• The allocation to each eligible applicant depends on how many eligible applicants apply. Applicants cannot unilaterally secure a larger share by filing only their own application; their per-applicant entitlement will fall if more eligible applicants apply. Consider the strategic and commercial implications of applying or coordinating timing with peers, but follow legal application requirements. The Determination does not provide any priority, pro rata weighting, or market-based allocation; it prescribes an equal division (s 5, s 7).

6. Keep records and check administrative guidance

• The Determination does not contain enforcement or verification procedures. Maintain records of applications, dates, and correspondence with the administering Department. Check departmental guidance for allocation notices, quota registration, transferability rules, surrender requirements and any reporting obligations that apply under the Act and the Regulations.

7. Seek clarification on edge cases

• If there are unusual circumstances,such as no eligible applicants applying, dispute about who is an eligible applicant, or questions about allocation timing,seek clarification from the administering Department or legal advice. The Determination provides no fallback rule for zero applicants or dispute-resolution steps (s 5, s 6, s 7).

8. Monitor for amendments or corrections

• Because the Determination is a subordinate instrument, it can be corrected or amended. Monitor official legislative registers or departmental announcements for corrections to the internal inconsistency and for any administrative notices that affect application timing or practices (s 2).

In practice, compliance under this Determination is a two-part exercise: (a) satisfy the eligibility criteria in the Regulations; and (b) apply in accordance with departmental procedures to secure an allocation computed under the Determination’s formula (s 5-s 7). The Determination supplies the arithmetic and the conditionality (apply to obtain) but not the procedural mechanics, which must be sourced from the Regulations and the administering Department.