3ECircumstances in which Minister may grant equipment licences—ODS equipment

#### 3E Circumstances in which Minister may grant equipment licences—ODS equipment 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.