Part 1
Preliminary
Part 1—Preliminary
Note: The numbers of the Parts in these Regulations correspond to those in the Act.
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Commonwealth legislation
The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 implements Australia’s Montreal Protocol obligations by controlling manufacture, import/export and use of ozone-depleting substances and synthetic greenhouse gases (notably HFCs). It creates licensing and record‑keeping rules, an HFC import quota that phases down availability, and licensing for refrigeration, fire‑protection and fumigation work (including restricted methyl bromide use). It affects importers, manufacturers, technicians and fumigators and drives Australia’s ozone and climate commitments.
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Direct links to the current provisions in Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.
Note: The numbers of the Parts in these Regulations correspond to those in the Act.
These regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.
Note: A number of expressions used in these Regulations are defined in the Act, including 100‑year global warming potential.
In these Regulations:
ABN (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
base period for an HFC quota allocation period has the meaning given by regulation 46.
covers: an SGG licence covers a period if the licence is in force for the whole of the period.
Note: For when a licence is in force, see section 19 of the Act.
extinguishing agent has the meaning given by regulation 301.
fire protection equipment has the meaning given by regulation 301.
first HFC quota allocation period means the HFC quota allocation period mentioned in subregulation 41(2).
Note: The first HFC quota allocation period starts on 1 January 2018.
grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.
grandfathered quota means an amount to which a person is entitled under regulation 48, 49 or 50 (as affected by Subdivision 4A.3.5).
GWP extinguishing agent has the meaning given by subregulation 2AAB(5).
Note: GWP is short for 100‑year global warming potential.
GWP refrigerant has the meaning given by subregulation 2AAA(5).
HFC quota allocation period has the meaning given by regulation 41.
licensed regulated HCFC activity means a regulated HCFC activity engaged in under a controlled substances licence.
licensed regulated HFC activity means a regulated HFC activity engaged in under an SGG licence.
maximum grandfathered quota has the meaning given by subregulation 58(4).
medical device has the meaning given by the Therapeutic Goods Act 1989.
medicine has the meaning given by the Therapeutic Goods Act 1989.
multi‑head small SGG air conditioning equipment means SGG equipment that:
(a) is the outdoor unit of a multi‑head split system air conditioning system (whether or not the air conditioning system is a variable refrigerant flow system); and
(b) contains, or uses in its operation, an HFC that has a global warming potential of more than 750; and
(c) is designed to be used primarily to cool or heat (or both) for human comfort a stationary space; and
(d) has, or will have when charged, a standard refrigerant charge of 2.6 kilogram or less.
non‑grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.
non‑grandfathered quota means an amount to which a person is entitled under regulation 51.
prohibited extinguishing agent charging has the meaning given by subregulation 2AAB(3).
prohibited refrigerant charging has the meaning given by subregulation 2AAA(3).
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.
replacement part does not include a complete, or substantially complete, indoor or outdoor unit of a split system air conditioning unit.
sampled, for a scheduled substance, has the meaning given by subregulation 400(3).
second HFC quota allocation period means the HFC quota allocation period starting on 1 January 2020.
small SGG air conditioning equipment means SGG equipment that:
(a) is any of the following:
(i) the outdoor unit of a single head split system air conditioning system;
(ii) a portable air conditioning system;
(iii) an air conditioning system that consists of a single unit designed to be mounted on a wall or window; and
(b) contains, or uses in its operation, an HFC that has a global warming potential of more than 750; and
(c) is designed to be used primarily to cool or heat (or both) for human comfort a stationary space; and
(d) has, or will have when charged, a standard refrigerant charge of 2.6 kilogram or less; and
(e) is not multi‑head small SGG air conditioning equipment.
veterinary device means an instrument, apparatus, material or other article (whether used alone or in combination, and including the software necessary for its proper application) that:
(a) is used for animals:
(i) to diagnose, prevent, monitor, treat or alleviate a disease, condition or infestation of the animal by a pest; or
(ii) to test susceptibility to a disease; or
(iii) to diagnose, monitor, treat, alleviate or compensate for an injury or disability; or
(iv) to investigate, replace or modify the anatomy or a physiological process; or
(v) to control conception; or
(vi) to test for pregnancy; and
(b) does not achieve its principal intended action in or on the animal by pharmacological, immunological or metabolic means, but that may be assisted in its function by those means.
veterinary medicine means a veterinary chemical product as defined in the Agricultural and Veterinary Chemicals Code Act 1994.
Scope of this regulation (1) This regulation applies in relation to equipment that is designed: (a) to be used for the heating or cooling of anything; and (b) to operate solely by using a particular refrigerant (the design refrigerant) other than an HCFC refrigerant. (2) For the purposes of paragraph (1)(b), equipment is taken to be designed to operate solely by using a particular refrigerant if: (a) the equipment has a compliance plate that specifies that particular refrigerant; or (b) both of the following subparagraphs apply: (i) a manual, issued by the manufacturer, that relates to the equipment states that the equipment is designed to operate solely by using that particular refrigerant; (ii) the equipment does not have a compliance plate that specifies any particular refrigerant. Meaning of prohibited refrigerant charging (3) A person engages in prohibited refrigerant charging if: (a) the person charges the equipment with a GWP refrigerant (the new refrigerant) other than the design refrigerant; and (b) either: (i) the design refrigerant is not a scheduled substance; or (ii) the design refrigerant is a GWP refrigerant and the new refrigerant has a higher 100‑year global warming potential than the design refrigerant; and (c) subregulation (4) does not apply. (4) This subregulation applies if: (a) the continued functioning of the equipment is essential for health or public safety purposes; and (b) no refrigerant that: (i) is not a GWP refrigerant; or (ii) is the design refrigerant; or (iii) has a 100‑year global warming potential equal to or lower than that of the design refrigerant; is available as an alternative to the new refrigerant to ensure the continued functioning of the equipment. Meaning of GWP refrigerant (5) A GWP refrigerant is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.
Scope of this regulation (1) This regulation applies in relation to fire protection equipment that is designed to operate solely by using a particular extinguishing agent (the design extinguishing agent) other than an HCFC extinguishing agent. (2) For the purposes of subregulation (1), equipment is taken to be designed to operate solely by using a particular extinguishing agent if documentation, issued by the manufacturer, that relates to the operation of the equipment states that the equipment is designed to operate solely by using that particular extinguishing agent. Meaning of prohibited extinguishing agent charging (3) A person engages in prohibited extinguishing agent charging if: (a) the person charges the equipment with a GWP extinguishing agent (the new extinguishing agent) other than the design extinguishing agent; and (b) either: (i) the design extinguishing agent is not a scheduled substance; or (ii) the design extinguishing agent is a GWP extinguishing agent and the new extinguishing agent has a higher 100‑year global warming potential than the design extinguishing agent; and (c) subregulation (4) does not apply. (4) This subregulation applies if: (a) the continued functioning of the equipment is essential: (i) for public safety purposes; or (ii) to protect assets or infrastructure that are critical to the community; and (b) no extinguishing agent that: (i) is not a GWP extinguishing agent; or (ii) is the design extinguishing agent; or (iii) has a 100‑year global warming potential equal to or lower than that of the design extinguishing agent; is available as an alternative to the new extinguishing agent to ensure the continued functioning of the equipment. Meaning of GWP extinguishing agent (5) A GWP extinguishing agent is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.
For the definition of heel allowance percentage in section 7 of the Act, 5% is prescribed for each substance referred to in Schedule 1 to the Act.
For the purposes of subsection 9(5) of the Act, an HCFC or HFC that is in a polyol blend: (a) is taken to be a bulk scheduled substance; and (b) is taken not to be contained in equipment; and (c) is taken not to be used in the operation of equipment.
Note: The numbers of the Parts in these Regulations correspond to those in the Act.
Manufacture of scheduled substances—exempt circumstances (1) For the purposes of subsection 13(2) of the Act, the following circumstances are prescribed: (a) that the SGG is not an HFC and the whole amount of the SGG is used in: (i) a medical device; or (ii) medicine; or (iii) a veterinary device; or (iv) veterinary medicine; (b) that the manufacture of the SGG consists of the formation of the SGG as a by‑product of the manufacture of aluminium. Manufacture of equipment containing a scheduled substance (1A) For the purposes of paragraph 13(3)(d) of the Act, the following equipment is prescribed: (a) small SGG air conditioning equipment; (b) multi‑head small SGG air conditioning equipment. (2) For the purposes of paragraph 13(5)(d) of the Act, the following are prescribed: (a) a scheduled substance other than an SGG; (b) small SGG air conditioning equipment; (c) multi‑head small SGG air conditioning equipment.
Import of scheduled substances—exempt circumstances (1) For the purposes of subsection 13AA(2) of the Act, it is a prescribed circumstance that: (a) the SGG is not an HFC; and (b) the whole amount of the SGG is used in: (i) a medical device; or (ii) medicine; or (iii) a veterinary device; or (iv) veterinary medicine. Import of equipment containing a scheduled substance—low volume imports exemption (2) For the purposes of paragraph 13AA(4)(a) of the Act, the amount of 25 kilograms is prescribed. (3) For the purposes of paragraph 13AA(4)(b) of the Act, it is a condition, in relation to an importation of SGG equipment by a person at a time in a calendar year, that the total amount of SGGs contained in: (a) SGG equipment in the importation; and (b) any other SGG equipment the person imported during the calendar year at or before that time; is not greater than 25 kg. (4) For the purposes of paragraph 13AA(5)(d) of the Act, the following are prescribed: (a) a scheduled substance other than an SGG; (b) small SGG air conditioning equipment; (c) multi‑head small SGG air conditioning equipment. Import of equipment—exempt equipment (5) For the purposes of paragraph 13AA(6)(a) of the Act, the following equipment is prescribed: (a) imported foam equipment (other than expanding polyurethane foam aerosols); (b) foam equipment (other than expanding polyurethane foam aerosols) included in other imported equipment; (c) a medical device or medicine; (d) a veterinary device or veterinary medicine. Import of equipment—exemption for private or domestic use (6) For the purposes of paragraph 13AA(7)(b) of the Act, the following equipment is prescribed: (a) air conditioning equipment, including air conditioning equipment contained in something else (for example, in a motor vehicle, watercraft or aircraft); (b) a heat pump; (c) medical equipment; (d) a part or component that contains a scheduled substance, other than a motor vehicle part or component; (e) personal, household or food equipment; (f) refrigeration equipment; (g) safety equipment. (7) For the purposes of paragraph 13AA(7)(c) of the Act, the following conditions are prescribed: (a) that the person comply with any notice from the Secretary requesting any of the following evidence in relation to the equipment: (i) except if the equipment is medical equipment—evidence that the equipment has been owned for more than 12 months wholly or principally for private or domestic use before importation; (ii) in any case—evidence that the equipment is imported wholly or principally for private or domestic use; (b) that the person comply with the notice within 30 days after receiving the notice. Import of equipment—exemption for temporary imports (8) For the purposes of subparagraph 13AA(8)(a)(i) of the Act, the following purposes are prescribed: (a) a research purpose; (b) if the equipment is a shipping container—the purpose of refrigerating goods during shipping; (c) the purpose of repairing or exchanging the equipment; (d) the purpose of carrying out dredging activities, or activities relating to operating offshore platforms; (e) the purpose of displaying or demonstrating the equipment to promote or advertise the equipment; (f) the purpose of competing in a race or other event using the equipment.
Note: For paragraph (c), equipment imported for the purpose of repairing or exchanging the equipment must be imported for that purpose only: see subregulation (11).
(9) For the purposes of subparagraph 13AA(8)(a)(i) of the Act, the following circumstances are prescribed: (a) both: (i) that the equipment is not intended to remain in Australia; and (ii) that the equipment does not change ownership in Australia; (b) that the equipment is imported in accordance with an international agreement, to which Australia is a party, relating to temporary imports of scheduled substances; (c) that the equipment is on either of the following: (i) a vessel, other than an Australian vessel (within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989), that is temporarily operating in Australia; (ii) an aircraft, other than an Australian aircraft (within the meaning of that Act), that is temporarily operating in Australia. (10) For the purposes of subparagraph 13AA(8)(a)(ii) of the Act, the period of 2 years is prescribed. (11) For the purposes of paragraph 13AA(8)(b) of the Act, if the equipment is imported for the purpose of repairing or exchanging the equipment (see paragraph (8)(c) of this regulation), then it is a condition that the equipment is imported for that purpose only. Import of equipment—exemption for returning Australian equipment (12) For the purposes of paragraph 13AA(9)(a) of the Act, the following equipment is prescribed: (a) ODS equipment; (b) SGG equipment.
(1) For the purposes of paragraph 14(2)(aa) of the Act, the following application fees are prescribed: (a) for a controlled substances licence—$15 000; (b) for an essential uses licence—$3 000; (c) for a used substances licence—$15 000; (d) for an equipment licence—$3 000. (2) The Minister may waive the application fee for a controlled substances licence or a used substances licence if: (a) the purpose of the licence is to allow the manufacture, import or export of less than half a tonne of scheduled substances; and (b) the Minister is satisfied that the manufacture, import or export is for: (i) test purposes; or (ii) monitoring purposes; or (iii) laboratory and analytical purposes. (3) The Minister may waive the application fee for an essential uses licence if the Minister is satisfied that the manufacture, import or export of the scheduled substance to which the licence relates is for test purposes. (4) The Minister may waive the application fee for a controlled substances licence, a used substances licence or an essential uses licence if the Minister is satisfied that: (a) the scheduled substance to which the licence relates will be imported or exported for the purpose of the disposal of the substance; and (b) the disposal will be carried out by a technology approved by the parties to the Montreal Protocol. (5) The Minister may waive the application fee for an equipment licence if the purpose of the licence is to allow the import of equipment containing 25 kilograms or less of HCFCs. (6) The Minister may waive the application fee for any type of licence if the Minister is satisfied that there are exceptional circumstances that justify waiving the fee.
For the purposes of paragraph 19AA(3)(b) of the Act: (a) the application fee for a renewal of a licence of a particular type is the same as the application fee for a licence of that type under subregulation 3C(1); and (b) the Minister may waive the application fee for a renewal of a licence of a particular type in the circumstances in which the Minister could waive the application fee for a licence of that type under subregulation 3C(2), (3), (4), (5) or (6).
(1) For the purposes of subsection 16(5) of the Act, it is a requirement in relation to the SGG equipment that the Minister is satisfied that: (a) the equipment is not small SGG air conditioning equipment or multi‑head small SGG air conditioning equipment; or (b) if the equipment is small SGG air conditioning equipment or multi‑head small SGG air conditioning equipment—one or more of the circumstances mentioned in subregulation (2) applies in relation to the equipment. (2) For the purposes of paragraph (1)(b), the circumstances are as follows: (a) both: (i) the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and (ii) no practical alternative exists to the use of an HFC that has a global warming potential of more than 750 in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose; (b) because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of an HFC that has a global warming potential of more than 750 in the operation of the equipment; (c) in the case of the import of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported; (d) the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; (e) both: (i) exceptional circumstances justify granting the licence in relation to the equipment; and (ii) granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol.
For the purposes of paragraph 16(6)(b) of the Act, it is a requirement in relation to equipment that uses a scheduled substance its operation that the Minister is satisfied that: (a) both: (i) the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and (ii) no practical alternative exists to the use of the scheduled substance in the operation of the equipment if it is to continue to be effective for such a purpose; or (b) because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of the scheduled substance in the operation of the equipment; or (c) in the case of the import or export of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported or exported; or (d) in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or (e) in any case—both: (i) exceptional circumstances justify granting the licence; and (ii) granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol.
Note: For equipment that contains a scheduled substance, see paragraph 16(6)(a) and subsection 16(6A) of the Act.
For the purposes of item 7 of the table in subsection 18(1) of the Act, it is a condition that either or both of the following is satisfied in relation to the import of a scheduled substance in a non‑refillable container: (a) the substance is imported for either of the following purposes: (i) calibration or testing purposes; (ii) laboratory or analytical purposes; (b) there is no practical alternative to importing the substance in a non‑refillable container.
(1) For section 22 of the Act, the Secretary may publish on the Department’s website details of licences granted, suspended, cancelled and surrendered. (2) The details that may be published about a licence are: (a) the kind of licence; and (b) the name of the licensee; and (c) the conditions (if any) imposed on the licence; and (d) the date on which the licence comes into force; and (da) the date on which the suspension, cancellation or surrender of the licence takes effect; and (db) for the suspension of a licence: (i) if the licence is suspended for a fixed period—the end of the period; and (ii) if the licensee must take actions for the suspension to end—the actions the licensee must take; and (e) the date on which the licence expires. (3) The Secretary must ensure that the published details are updated as soon as practicable after any change and, in any event, at least every 6 months.
(1) For the purposes of subsection 48(1) of the Act, a person who is, at any time in a month, a licensee must keep a record in writing of: (a) the quantities of each scheduled substance manufactured, imported and exported by the person in the month; and (b) in respect of each quantity of a scheduled substance that has been imported by the person in the month: (i) the date of importation; and (ii) the country of origin of the scheduled substance; and (iii) the full name and address of the person from whom the scheduled substance was imported; and (iv) the place at which the scheduled substance was discharged from the ship or aircraft on which the scheduled substance was carried; and (v) if the scheduled substance was imported on a ship—the name of the ship; and (vi) if the scheduled substance was imported on an aircraft—the flight number of the aircraft on which the scheduled substance was carried; and (vii) whether the scheduled substance was imported for use as feedstock; and (c) in respect of each quantity of a scheduled substance that has been exported by the person in the month: (i) the date of exportation; and (ii) the country of destination of the scheduled substance; and (iii) the full name and address of the person to whom the scheduled substance was exported; and (iv) the place at which the scheduled substance was loaded on the ship or aircraft on which the scheduled substance was carried; and (v) if the scheduled substance was exported on a ship—the name of the ship; and (vi) if the scheduled substance was exported on an aircraft—the flight number of the flight on which the scheduled substance was carried; and (d) in respect of each quantity of a scheduled substance that has been manufactured by the person in the month—whether the scheduled substance was manufactured for use as feedstock; and (e) the quantity of each scheduled substance destroyed by the person in the month.
Penalty: 10 penalty units.
(2) Records must be retained, on the licensee’s main business premises, for 5 years from the last day of the month to which the records relate.
Penalty: 10 penalty units.
(3) An offence under subregulation (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Subject to the Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for a review of the following decisions: (a) a decision under subregulation 3C(2) to refuse to waive the fee for a controlled substances licence or a used substances licence; (b) a decision under subregulation 3C(3) to refuse to waive the fee for an essential uses licence; (c) a decision under subregulation 3C(4) to refuse to waive the fee for a controlled substances licence, a used substances licence or an essential uses licence; (ca) a decision under subregulation 3C(5) to refuse to waive the fee for an equipment licence; (cb) a decision under subregulation 3C(6) to refuse to waive the fee for a licence; (d) a decision under paragraph 3D(b) to refuse to waive the fee for a renewal of a licence.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Note: The numbers of the Parts in these Regulations correspond to those in the Act.
These regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.
Note: A number of expressions used in these Regulations are defined in the Act, including 100‑year global warming potential.
In these Regulations:
ABN (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
base period for an HFC quota allocation period has the meaning given by regulation 46.
covers: an SGG licence covers a period if the licence is in force for the whole of the period.
Note: For when a licence is in force, see section 19 of the Act.
extinguishing agent has the meaning given by regulation 301.
fire protection equipment has the meaning given by regulation 301.
first HFC quota allocation period means the HFC quota allocation period mentioned in subregulation 41(2).
Note: The first HFC quota allocation period starts on 1 January 2018.
grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.
grandfathered quota means an amount to which a person is entitled under regulation 48, 49 or 50 (as affected by Subdivision 4A.3.5).
GWP extinguishing agent has the meaning given by subregulation 2AAB(5).
Note: GWP is short for 100‑year global warming potential.
GWP refrigerant has the meaning given by subregulation 2AAA(5).
HFC quota allocation period has the meaning given by regulation 41.
licensed regulated HCFC activity means a regulated HCFC activity engaged in under a controlled substances licence.
licensed regulated HFC activity means a regulated HFC activity engaged in under an SGG licence.
maximum grandfathered quota has the meaning given by subregulation 58(4).
medical device has the meaning given by the Therapeutic Goods Act 1989.
medicine has the meaning given by the Therapeutic Goods Act 1989.
multi‑head small SGG air conditioning equipment means SGG equipment that:
(a) is the outdoor unit of a multi‑head split system air conditioning system (whether or not the air conditioning system is a variable refrigerant flow system); and
(b) contains, or uses in its operation, an HFC that has a global warming potential of more than 750; and
(c) is designed to be used primarily to cool or heat (or both) for human comfort a stationary space; and
(d) has, or will have when charged, a standard refrigerant charge of 2.6 kilogram or less.
non‑grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.
non‑grandfathered quota means an amount to which a person is entitled under regulation 51.
prohibited extinguishing agent charging has the meaning given by subregulation 2AAB(3).
prohibited refrigerant charging has the meaning given by subregulation 2AAA(3).
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.
replacement part does not include a complete, or substantially complete, indoor or outdoor unit of a split system air conditioning unit.
sampled, for a scheduled substance, has the meaning given by subregulation 400(3).
second HFC quota allocation period means the HFC quota allocation period starting on 1 January 2020.
small SGG air conditioning equipment means SGG equipment that:
(a) is any of the following:
(i) the outdoor unit of a single head split system air conditioning system;
(ii) a portable air conditioning system;
(iii) an air conditioning system that consists of a single unit designed to be mounted on a wall or window; and
(b) contains, or uses in its operation, an HFC that has a global warming potential of more than 750; and
(c) is designed to be used primarily to cool or heat (or both) for human comfort a stationary space; and
(d) has, or will have when charged, a standard refrigerant charge of 2.6 kilogram or less; and
(e) is not multi‑head small SGG air conditioning equipment.
veterinary device means an instrument, apparatus, material or other article (whether used alone or in combination, and including the software necessary for its proper application) that:
(a) is used for animals:
(i) to diagnose, prevent, monitor, treat or alleviate a disease, condition or infestation of the animal by a pest; or
(ii) to test susceptibility to a disease; or
(iii) to diagnose, monitor, treat, alleviate or compensate for an injury or disability; or
(iv) to investigate, replace or modify the anatomy or a physiological process; or
(v) to control conception; or
(vi) to test for pregnancy; and
(b) does not achieve its principal intended action in or on the animal by pharmacological, immunological or metabolic means, but that may be assisted in its function by those means.
veterinary medicine means a veterinary chemical product as defined in the Agricultural and Veterinary Chemicals Code Act 1994.
Scope of this regulation (1) This regulation applies in relation to equipment that is designed: (a) to be used for the heating or cooling of anything; and (b) to operate solely by using a particular refrigerant (the design refrigerant) other than an HCFC refrigerant. (2) For the purposes of paragraph (1)(b), equipment is taken to be designed to operate solely by using a particular refrigerant if: (a) the equipment has a compliance plate that specifies that particular refrigerant; or (b) both of the following subparagraphs apply: (i) a manual, issued by the manufacturer, that relates to the equipment states that the equipment is designed to operate solely by using that particular refrigerant; (ii) the equipment does not have a compliance plate that specifies any particular refrigerant. Meaning of prohibited refrigerant charging (3) A person engages in prohibited refrigerant charging if: (a) the person charges the equipment with a GWP refrigerant (the new refrigerant) other than the design refrigerant; and (b) either: (i) the design refrigerant is not a scheduled substance; or (ii) the design refrigerant is a GWP refrigerant and the new refrigerant has a higher 100‑year global warming potential than the design refrigerant; and (c) subregulation (4) does not apply. (4) This subregulation applies if: (a) the continued functioning of the equipment is essential for health or public safety purposes; and (b) no refrigerant that: (i) is not a GWP refrigerant; or (ii) is the design refrigerant; or (iii) has a 100‑year global warming potential equal to or lower than that of the design refrigerant; is available as an alternative to the new refrigerant to ensure the continued functioning of the equipment. Meaning of GWP refrigerant (5) A GWP refrigerant is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.
Scope of this regulation (1) This regulation applies in relation to fire protection equipment that is designed to operate solely by using a particular extinguishing agent (the design extinguishing agent) other than an HCFC extinguishing agent. (2) For the purposes of subregulation (1), equipment is taken to be designed to operate solely by using a particular extinguishing agent if documentation, issued by the manufacturer, that relates to the operation of the equipment states that the equipment is designed to operate solely by using that particular extinguishing agent. Meaning of prohibited extinguishing agent charging (3) A person engages in prohibited extinguishing agent charging if: (a) the person charges the equipment with a GWP extinguishing agent (the new extinguishing agent) other than the design extinguishing agent; and (b) either: (i) the design extinguishing agent is not a scheduled substance; or (ii) the design extinguishing agent is a GWP extinguishing agent and the new extinguishing agent has a higher 100‑year global warming potential than the design extinguishing agent; and (c) subregulation (4) does not apply. (4) This subregulation applies if: (a) the continued functioning of the equipment is essential: (i) for public safety purposes; or (ii) to protect assets or infrastructure that are critical to the community; and (b) no extinguishing agent that: (i) is not a GWP extinguishing agent; or (ii) is the design extinguishing agent; or (iii) has a 100‑year global warming potential equal to or lower than that of the design extinguishing agent; is available as an alternative to the new extinguishing agent to ensure the continued functioning of the equipment. Meaning of GWP extinguishing agent (5) A GWP extinguishing agent is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.
For the definition of heel allowance percentage in section 7 of the Act, 5% is prescribed for each substance referred to in Schedule 1 to the Act.
For the purposes of subsection 9(5) of the Act, an HCFC or HFC that is in a polyol blend: (a) is taken to be a bulk scheduled substance; and (b) is taken not to be contained in equipment; and (c) is taken not to be used in the operation of equipment.
Note: The numbers of the Parts in these Regulations correspond to those in the Act.
Manufacture of scheduled substances—exempt circumstances (1) For the purposes of subsection 13(2) of the Act, the following circumstances are prescribed: (a) that the SGG is not an HFC and the whole amount of the SGG is used in: (i) a medical device; or (ii) medicine; or (iii) a veterinary device; or (iv) veterinary medicine; (b) that the manufacture of the SGG consists of the formation of the SGG as a by‑product of the manufacture of aluminium. Manufacture of equipment containing a scheduled substance (1A) For the purposes of paragraph 13(3)(d) of the Act, the following equipment is prescribed: (a) small SGG air conditioning equipment; (b) multi‑head small SGG air conditioning equipment. (2) For the purposes of paragraph 13(5)(d) of the Act, the following are prescribed: (a) a scheduled substance other than an SGG; (b) small SGG air conditioning equipment; (c) multi‑head small SGG air conditioning equipment.
Import of scheduled substances—exempt circumstances (1) For the purposes of subsection 13AA(2) of the Act, it is a prescribed circumstance that: (a) the SGG is not an HFC; and (b) the whole amount of the SGG is used in: (i) a medical device; or (ii) medicine; or (iii) a veterinary device; or (iv) veterinary medicine. Import of equipment containing a scheduled substance—low volume imports exemption (2) For the purposes of paragraph 13AA(4)(a) of the Act, the amount of 25 kilograms is prescribed. (3) For the purposes of paragraph 13AA(4)(b) of the Act, it is a condition, in relation to an importation of SGG equipment by a person at a time in a calendar year, that the total amount of SGGs contained in: (a) SGG equipment in the importation; and (b) any other SGG equipment the person imported during the calendar year at or before that time; is not greater than 25 kg. (4) For the purposes of paragraph 13AA(5)(d) of the Act, the following are prescribed: (a) a scheduled substance other than an SGG; (b) small SGG air conditioning equipment; (c) multi‑head small SGG air conditioning equipment. Import of equipment—exempt equipment (5) For the purposes of paragraph 13AA(6)(a) of the Act, the following equipment is prescribed: (a) imported foam equipment (other than expanding polyurethane foam aerosols); (b) foam equipment (other than expanding polyurethane foam aerosols) included in other imported equipment; (c) a medical device or medicine; (d) a veterinary device or veterinary medicine. Import of equipment—exemption for private or domestic use (6) For the purposes of paragraph 13AA(7)(b) of the Act, the following equipment is prescribed: (a) air conditioning equipment, including air conditioning equipment contained in something else (for example, in a motor vehicle, watercraft or aircraft); (b) a heat pump; (c) medical equipment; (d) a part or component that contains a scheduled substance, other than a motor vehicle part or component; (e) personal, household or food equipment; (f) refrigeration equipment; (g) safety equipment. (7) For the purposes of paragraph 13AA(7)(c) of the Act, the following conditions are prescribed: (a) that the person comply with any notice from the Secretary requesting any of the following evidence in relation to the equipment: (i) except if the equipment is medical equipment—evidence that the equipment has been owned for more than 12 months wholly or principally for private or domestic use before importation; (ii) in any case—evidence that the equipment is imported wholly or principally for private or domestic use; (b) that the person comply with the notice within 30 days after receiving the notice. Import of equipment—exemption for temporary imports (8) For the purposes of subparagraph 13AA(8)(a)(i) of the Act, the following purposes are prescribed: (a) a research purpose; (b) if the equipment is a shipping container—the purpose of refrigerating goods during shipping; (c) the purpose of repairing or exchanging the equipment; (d) the purpose of carrying out dredging activities, or activities relating to operating offshore platforms; (e) the purpose of displaying or demonstrating the equipment to promote or advertise the equipment; (f) the purpose of competing in a race or other event using the equipment.
Note: For paragraph (c), equipment imported for the purpose of repairing or exchanging the equipment must be imported for that purpose only: see subregulation (11).
(9) For the purposes of subparagraph 13AA(8)(a)(i) of the Act, the following circumstances are prescribed: (a) both: (i) that the equipment is not intended to remain in Australia; and (ii) that the equipment does not change ownership in Australia; (b) that the equipment is imported in accordance with an international agreement, to which Australia is a party, relating to temporary imports of scheduled substances; (c) that the equipment is on either of the following: (i) a vessel, other than an Australian vessel (within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989), that is temporarily operating in Australia; (ii) an aircraft, other than an Australian aircraft (within the meaning of that Act), that is temporarily operating in Australia. (10) For the purposes of subparagraph 13AA(8)(a)(ii) of the Act, the period of 2 years is prescribed. (11) For the purposes of paragraph 13AA(8)(b) of the
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