3AUnlicensed import of scheduled substances or equipment

#### 3A Unlicensed import of scheduled substances or 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.