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Ozone Protection Amendment Act 1992

  • - C2004A04337
  • No longer in force
Act No. 46 of 1992 as made
An Act to amend the Ozone Protection Act 1989, and for related purposes
Administered by: DEW
Date of Assent 11 Jun 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - TABLE OF PROVISIONS

TABLE OF PROVISIONS
Section
1. Short title etc.
2. Commencement
3. Definitions
4. Quota periods
5. Scheduled substances and transitional substances not to
include manufactured products
6. Insertion of new section:
10A. Quantity - in relation to transitional substances
7. Recycling of scheduled substances and transitional substances
8. Insertion of new section:
12A. Feedstocks
9. Insertion of new section:
12B. Part does not apply to export of CFCs for use on
board ships or aircraft
10. Unlicensed manufacture, import or export of scheduled substances
11. Grant of licence
12. Insertion of new section:
17A. Licence may be granted subject to conditions
13. Duration of licence
14. Insertion of new section:
18A. Termination of licence by regulation
15. Cancellation of licence
16. Insertion of new sections:
22A. Quota system does not apply to manufacture, import or
export covered by restricted licence
22B. Quota system does not apply to export of CFCs for use
on board ships or aircraft
22C. Meaning of `type' of CFCs
17. Manufacture in excess of quota
18. Import in excess of quota
19. Export of stage-1 CFCs in excess of quota
20. Nature of quotas
21. Application for quota
22. Allocation of quota
23. Ascertainment of size of quota - initial allocation in
respect of manufacture or import
24. Ascertainment of size of quota - initial allocation in
respect of export of
AMENDMENTS OF SCHEDULE 1 TO THE PRINCIPAL ACT
SCHEDULE 2
SUBSTITUTION OF SCHEDULE 3 TO THE PRINCIPAL ACT
SCHEDULE 3
AMENDMENTS RELATING TO PENALTIES

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - LONG TITLE

An Act to amend the Ozone Protection Act 1989,
and for related purposes

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 1
Short title etc.

(Assented to 11 June 1992)
1.(1) This Act may be cited as the Ozone Protection Amendment Act 1992.

(2) In this Act, "Principal Act" means the Ozone Protection Act 1989.*1*

(Minister's second reading speech made in-
House of Representatives on 4 March 1992
Senate on 29 April 1992)
*1* No. 7, 1989.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 2
Commencement

2.(1) Subject to this section, this Act commences on a day to be fixed by Proclamation.

(2) The day fixed under subsection (1) must not be earlier than the day (in this section called the `Protocol amendment day') on which the amendment of the Protocol adopted on 29 June 1990 at the Second Meeting of the Parties to the Protocol enters into force for Australia.

(3) If this Act does not commence under subsection (1) within the period of 6 months beginning on the Protocol amendment day, it commences on the first day after the end of that period.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 3
Definitions

3. Section 7 of the Principal Act is amended:
(a) by inserting in subsection (1) the following definitions:
" 'base year' means:
(a) in relation to a stage-1 CFC or a halon - 1986; or
(b) in relation to a stage-2 CFC, carbon tetrachloride, methyl chloroform or a transitional substance - 1989;
'carbon tetrachloride' means the substance referred to in Part III of Schedule 1, whether existing alone or in a mixture;
'feedstock' means an intermediate substance which is used to manufacture
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other chemicals;
'methyl chloroform' means the substance referred to in Part IV of Schedule 1 (that is, 1,1,1-trichloroethane), whether existing alone or in a mixture;
'methyl chloroform quota' means a quota allocated or renewed under Part IV that permits the manufacture or import of methyl chloroform;
'methyl chloroform quota period' means a methyl chloroform quota period as defined in section 8;
'reduce', in relation to the size of a quota, includes reduce to nil;
'restricted licence' means a licence under section 16 that is subject to conditions;
'stage-1 CFC' means a substance referred to in Division 1 of Part I of Schedule 1, whether existing alone or in a mixture;
'stage-2 CFC' means a substance referred to in Division 2 of Part I of Schedule 1, whether existing alone or in a mixture;
'stage-1 scheduled substance' means:
(a) a stage-1 CFC; or
(b) a halon;
'stage-2 scheduled substance' means:
(a) a stage-2 CFC; or
(b) carbon tetrachloride; or
(c) methyl chloroform;
'transitional substance' means a substance referred to in Annex C to the Protocol, whether existing alone or in a mixture.";
(b) by inserting "stage-1" before "CFCs" in paragraphs (a), (b) and (c) of the definition of "quota activity" in subsection (1);
(c) by omitting "or" from the end of paragraph (d) of the definition of "quota activity" in subsection (1);
(d) by adding at the end of the definition of "quota activity" in subsection (1) the following paragraphs:
"(f) the manufacture of stage-2 CFCs;
(g) the import of stage-2 CFCs;
(h) the manufacture of methyl chloroform; or
(i) the import of methyl chloroform;";
(e) by omitting "or a halon quota period" from the definition of "quota period" in subsection (1) and substituting ", a halon quota period or a methyl chloroform quota period".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 4
Quota periods

4. Section 8 of the Principal Act is amended:
(a) by omitting from subsection (1) "or a halon quota period" and substituting ", a halon quota period or a methyl chloroform quota period";
(b) by omitting from subsection (2) "and";
(c) by adding at the end of subsection (2) ", and each methyl chloroform quota period (other than the first) commences at the end of the previous methyl chloroform quota period";
(d) by inserting in subsection (3) "in relation to a stage-1 CFC" after "period";
(e) by inserting after subsection (4) the following subsections:

"(4A) The first CFC quota period in relation to a stage-2 CFC commences on the first 1 July after the commencement of the Ozone Protection Amendment Act 1992.

"(4B) The first methyl chloroform quota period commences on the later of the following days:
(a) 1 January 1993;
(b) the first day of the first quarter commencing after the commencement of the Ozone Protection Amendment Act 1992.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 5
Scheduled substances and transitional substances not to include manufactured products

5. Section 9 of the Principal Act is amended:
(a) by inserting in subsection (1) "or a transitional substance" before "does not include";
(b) by adding at the end of paragraph (1)(a) "or a transitional substance, as the case may be";
(c) by inserting in paragraph (1)(b) and subsection (2) "or a transitional substance, as the case may be," after "scheduled substance".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 6

6. After section 10 of the Principal Act the following section is inserted:
Quantity - in relation to transitional substances
"10A. A reference in this Act to a quantity of a transitional substance or transitional substances is a reference to the mass of the substance or substances expressed in kilograms.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 7
Recycling of scheduled substances and transitional substances

7. Section 12 of the Principal Act is amended:
(a) by inserting in subsections (1) and (2) "or transitional substances" after "scheduled substances" (first occurring);
(b) by inserting in subsection (1) "or transitional substances, as the case may be," after "scheduled substances" (second and third occurring);
(c) by inserting in subsection (2) "or transitional substances, as the case
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may be," after "scheduled substances" (second, third and fourth occurring).

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 8

8. After section 12 of the Principal Act the following section is inserted:
Feedstocks
"12A. A reference in this Act (other than Part VII) to the manufacture or import of a scheduled substance does not include a reference to the manufacture or import of a scheduled substance exclusively for use as a feedstock.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 9

9. Before section 13 of the Principal Act the following section is inserted:
Part does not apply to export of CFCs for use on board ships or aircraft
"12B. This Part does not apply to the export of a CFC if all of the following conditions are satisfied:
(a) the CFC is on board a ship or aircraft;
(b) the ship or aircraft has air conditioning or refrigeration equipment;
(c) the CFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between:
(i) a place in Australia and a place outside Australia; or
(ii) 2 places outside Australia.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 10
Unlicensed manufacture, import or export of scheduled substances

10. Section 13 of the Principal Act is amended:
(a) by inserting in subsection (1) "applicable to a stage-1 CFC" after "period";
(b) by inserting in paragraphs (1)(a), (b) and (c) "stage-1" before "CFC";
(c) by omitting "or" from the end of paragraph (2)(b);
(d) by omitting paragraph (2)(c);
(e) by adding at the end the following subsections:

"(3) A person must not export a halon unless the person holds a restricted licence under section 16.
Penalty: $50,000.

"(4) After the beginning of the first CFC quota period applicable to a stage-2 CFC, a person must not:
(a) manufacture a stage-2 CFC; or
(b) import a stage-2 CFC; or
(c) export a stage-2 CFC;
unless the person holds a licence under section 16.
Penalty: $50,000.

"(5) A person must not:
(a) manufacture carbon tetrachloride; or
(b) import carbon tetrachloride;
unless the person holds a restricted licence under section 16.
Penalty: $50,000.

"(6) After the beginning of the first methyl chloroform quota period, a person must not:
(a) manufacture methyl chloroform; or
(b) import methyl chloroform;
unless the person holds a licence under section 16.
Penalty: $50,000.

"(7) After the beginning of the first methyl chloroform quota period, a person must not export methyl chloroform unless the person holds a restricted licence under section 16.
Penalty: $50,000.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 11
Grant of licence

11.(1) Section 16 of the Principal Act is amended:
(a) by omitting from subsection (1) "(3)" and substituting "(3C), (3D), (3E)";
(b) by omitting subsection (3) and substituting the following subsections:

"(3A) A licence granted after the commencement of this subsection must specify the activity to which it relates (for example: the manufacture of stage-2 CFCs; the export of a halon or the import of carbon tetrachloride).

"(3B) 2 or more licences granted to the same person may be set out in the same document.

"(3C) The Minister must not grant a licence (other than a restricted licence) to a person for the manufacture, import or export of a stage-2 CFC unless:
(a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which stage-2 CFCs were manufactured, imported or exported; and
(b) the person applies for the licence within 6 months after the commencement of this subsection.

"(3D) The Minister must not grant a licence to a person for the manufacture or import of carbon tetrachloride unless:
(a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which:

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(i) carbon tetrachloride was manufactured or imported; or
(ii) carbon tetrachloride was purchased from an Australian
manufacturer of carbon tetrachloride; and
(b) the person applies for the licence within 6 months after the commencement of this subsection.

"(3E) The Minister must not grant a licence to a person for the manufacture, import or export of methyl chloroform unless:
(a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which methyl chloroform was manufactured, imported or exported; and
(b) the person applies for the licence within 6 months after the commencement of this subsection.";
(c) by adding at the end the following subsections:

"(8) A licence that was in force immediately before the commencement of this subsection and which permitted the manufacture, import or export of stage-1 CFCs has effect, after the commencement of this subsection, as if it also permitted the manufacture, import or export, as the case may be, ofstage-2 CFCs.

"(9) A licence that was in force immediately before the commencement of this subsection is taken, after the commencement of this subsection, not to relate to carbon tetrachloride or methyl chloroform.

"(10) A licence that was in force immediately before the commencement of this subsection is taken, after the commencement of this subsection, not to permit the export of a halon.".

(2) The repeal of subsection 16(3) of the Principal Act effected by subsection (1) of this section does not affect a licence granted before the commencement of this section.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 12

12. After section 17 of the Principal Act the following section is inserted:
Licence may be granted subject to conditions
"17A.(1) A licence under section 16 may be granted subject to such conditions as are specified in the licence.

"(2) Such a licence is in this Act called a 'restricted licence'.

"(3) A restricted licence may relate to any activity mentioned in section 13.

"(4) The Minister may, by written notice given to the holder of a restricted licence:
(a) impose one or more further conditions to which the licence is subject; or
(b) revoke or vary any condition:
(i) imposed under paragraph (a); or
(ii) specified in the licence.

"(5) Without limiting the kinds of conditions to which a restricted licence may be subject, a restricted licence may be subject to conditions of the following kinds:
(a) conditions relating to the nature and quantity of particular scheduled substances that the holder may manufacture, import or export, as the case may be, during a quarter to which the licence relates;
(b) in the case of an export licence - conditions relating to the countries to which particular scheduled substances may be exported;
(c) in the case of an import licence - conditions relating to the countries from which particular scheduled substances may be imported;
(d) conditions prohibiting the person from doing anything that would otherwise be covered by the licence unless the person also holds another type of licence;
(e) conditions relating to the purpose or purposes for which particular scheduled substances may be manufactured, imported or exported, as the case may be;
(f) conditions requiring the licensee to give written reports to the Minister.

"(6) A licensee who, without reasonable excuse, contravenes a condition of a restricted licence is guilty of an offence punishable on conviction by a fine not exceeding $50,000.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 13
Duration of licence

13. Section 18 of the Principal Act is amended:
(a) by inserting in subsection (1) "(other than a restricted licence)" after "licence";
(b) by inserting after subsection (1) the following subsection:

"(1A) A restricted licence remains in force for such period, not exceeding 10 years, as is specified in the licence.";
(c) by inserting in subsection (2) "applicable to stage-1 CFCs" after "period" (first occurring);
(d) by adding at the end the following subsections:

"(3) A licence relating to stage-2 CFCs that is granted before the beginning of the first CFC quota period applicable tostage-2 CFCs comes into force at the beginning of that quota period.

"(4) A licence relating to methyl chloroform that is granted before the

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beginning of the first methyl chloroform quota period comes into force at the beginning of that quota period.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 14

14. After section 18 of the Principal Act the following section is inserted:
Termination of licence by regulation
"18A.(1) For the purposes of giving effect to an adjustment or amendment of the Protocol, the regulations may provide that specified kinds of licences:
(a) are to cease to be in force on a date that is:
(i) specified in the regulations; and
(ii) later than 6 months after the regulations are made; and
(b) are not to be renewed after that date.

"(2) Regulations made by virtue of subsection (1) in relation to an adjustment or amendment of the Protocol that has not entered into force for Australia must not specify a date earlier than the date on which the adjustment or amendment entered into force for Australia.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 15
Cancellation of licence

15. Section 20 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:
"(1) The Minister may cancel a licence if:
(a) in any case - the Minister is satisfied that the licensee is no longer a fit and proper person to hold a licence; or
(b) in the case of a restricted licence - there has been a contravention of any of the conditions to which it is subject.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 16

16. Before section 23 of the Principal Act the following sections are inserted:
Quota system does not apply to manufacture, import or export covered by restricted licence
"22A. This Part does not apply to the manufacture, import or export of scheduled substances if the manufacture, import or export, as the case may be, is permitted under a restricted licence.

Quota system does not apply to export of CFCs for use on board ships or aircraft
"22B. This Part does not apply to the export of a CFC if all of the following conditions are satisfied:
(a) the CFC is on board a ship or aircraft;
(b) the ship or aircraft has air conditioning or refrigeration equipment;
(c) the CFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between:
(i) a place in Australia and a place outside Australia; or
(ii) 2 places outside Australia.

Meaning of 'type' of CFCs
"22C. For the purposes of this Part, the only types of CFC are as follows:
(a) stage-1 CFCs are one type of CFCs;
(b) stage-2 CFCs are the other type of CFCs.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 17
Manufacture in excess of quota

17. Section 23 of the Principal Act is amended:
(a) by inserting in subsection (1) "particular type of" before "CFC" (first occurring);
(b) by inserting in subsection (1) "applicable to that type of CFC" before "unless";
(c) by inserting in paragraph (1)(a) "that type of" before "CFCs";
(d) by inserting in paragraph (1)(b) "type of" before "CFC";
(e) by inserting in paragraph (1)(b) "that type of" before "CFCs" (wherever occurring);
(f) by adding at the end the following subsection:

"(3) A licensee must not manufacture methyl chloroform in a methyl chloroform quota period unless:
(a) the licensee is the holder of a quota permitting the manufacture of methyl chloroform in the quota period; and
(b) the quantity of the methyl chloroform manufactured, together with all other quantities of methyl chloroform manufactured by the licensee in the quota period, does not exceed the quota held by the licensee for the manufacture of methyl chloroform in the quota period.
Penalty: $50,000.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 18
Import in excess of quota

18. Section 24 of the Principal Act is amended:
(a) by inserting in subsection (1) "particular type of" before "CFC" (first occurring);
(b) by inserting in subsection (1) "applicable to that type of CFC" before "unless";
(c) by inserting in paragraph (1)(a) "that type of" before "CFCs";
(d) by inserting in paragraph (1)(b) "type of" before "CFC";
(e) by inserting in paragraph (1)(b) "that type of" before "CFCs" (wherever occurring);

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(f) by adding at the end the following subsection:

"(3) A licensee must not import methyl chloroform in a methyl chloroform quota period unless:
(a) the licensee is the holder of a quota permitting the importation of methyl chloroform in the quota period; and
(b) the quantity of the methyl chloroform imported, together with all other quantities of methyl chloroform imported by the licensee in the quota period, does not exceed the quota held by the licensee for the importation of methyl chloroform in the quota period.
Penalty: $50,000.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 19
Export of stage-1 CFCs in excess of quota

19. Section 25 of the Principal Act is amended:
(a) by inserting "stage-1" before "CFC" (first occurring);
(b) by inserting "applicable to stage-1 CFCs" before "unless";
(c) by inserting in paragraph (a) "stage-1" before "CFCs";
(d) by inserting in paragraph (b) "stage-1" before "CFC";
(e) by inserting in paragraph (b) "stage-1" before "CFCs" (wherever occurring).

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 20
Nature of quotas

20. Section 26 of the Principal Act is amended:
(a) by inserting in paragraphs (1)(a) and (b) and subsection (2) "of a particular type" after "CFCs" (wherever occurring);
(b) by inserting in paragraph (1)(c) "stage-1" before "CFCs";
(c) by adding at the end the following subsections:

"(5) A methyl chloroform quota may be allocated in respect of one or both of the following:
(a) manufacture of methyl chloroform;
(b) import of methyl chloroform.

"(6) The size of a methyl chloroform quota is the quantity of methyl chloroform that the holder may manufacture or import, as the case may be, during a quota period to which the quota relates.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 21
Application for quota

21. Section 27 of the Principal Act is amended by omitting from subsection (4) all the words after "CFC quota" and substituting "relating to a particular type of CFC, an application for a halon quota and an application for a methyl chloroform quota must be made separately".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 22
Allocation of quota

22. Section 28 of the Principal Act is amended:
(a) by omitting from paragraphs (1)(a) and (4)(a) "commencement of this Act" and substituting "relevant commencing time";
(b) by omitting from paragraph (3)(a) "or a halon quota" and substituting ", a halon quota or a methyl chloroform quota";
(c) by inserting after paragraph (3)(a) the following paragraph:
"(aa) if the quota is a CFC quota allocated after the commencement of this paragraph - the type of CFCs to which the quota relates;";
(d) by omitting from paragraph (3)(c) "or (4)" and substituting(e) by inserting in paragraphs (5)(a) and (b) "stage-1" before "CFCs";
(f) by adding at the end the following subsections:

"(7) A CFC quota allocated or renewed before the commencement of this subsection is taken, after the commencement of this subsection, not to relate to stage-2 CFCs.
"(8) In this section:
'relevant commencing time' means:
(a) in relation to stage-1 CFCs or halons - the beginning of 16 March 1989; or
(b) in relation to stage-2 CFCs or methyl chloroform - the commencement of the Ozone Protection Amendment Act 1992.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 23
Ascertainment of size of quota - initial allocation in respect of manufacture or import

23. Section 29 of the Principal Act is amended:
(a) by inserting in subsection (1) "of a particular type" after "CFCs" (first occurring);
(b) by inserting in subsection (1) "applicable to CFCs of that type" after "period" (first occurring);
(c) by inserting in subsection (1) "of that type" after "CFCs" (second and third occurring);
(d) by omitting from subsections (1), (2) and (5) "during 1986" and substituting "during the base year";
(e) by adding at the end of subsection (1) "or 46A(2), as the case requires";
(f) by inserting after subsection (2) the following subsection:

"(2A) The size of quotas in respect of the manufacture or import of methyl chloroform during the first methyl chloroform quota period is to be worked out under this section in such manner that the total quantity of methyl chloroform represented by the quotas does not exceed the total quantity of methyl

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chloroform manufactured in Australia or imported, as the case may be, during the base year, being the total quantity specified in respect of such manufacture or import, as the case may be, in the report published under subsection 46A(2).";
(g) by omitting from subsection (3) "The size" and substituting "Subject to subsection (10) (which deals with general reductions), the size";
(h) by omitting from subsections (3), (5) and (6) "the 1986" and substituting "the base year";
(i) by omitting from subsections (4), (5) and (8) "CFCs or halons" and substituting "CFCs of a particular type, halons or methyl chloroform";
(j) by omitting from subsections (5) and (9) "commencement of this Act" and substituting "relevant commencing time";
(k) by omitting from subsection (6) "1986 components" and substituting "the base year components";
(l) by omitting from subsection (7) "1986 components" and substituting "The base year components";
(m) by omitting from subsection (7) "each 1986" and substituting "each base year";
(n) by omitting from subsection (8) "and (2)" and substituting(o) by omitting from subsection (9) "1986" and substituting "the base year";
(p) by adding at the end the following subsections:

"(10) The Minister may reduce the size of a quota mentioned in subsection (3) where the quota relates to stage-2 CFCs or methyl chloroform.

"(11) The Minister, in exercising the powers conferred by subsection (10):
(a) must have regard to:
(i) Australia's international obligations in relation to the
manufacture, importation or consumption of scheduled substances; and
(ii) the policies of the Commonwealth Government in relation to the
manufacture, importation or consumption of scheduled substances; and
(b) may have regard to such other matters (if any) as the Minister considers relevant.

"(12) In this section:
'relevant commencing time' means:
(a) in relation to a stage-1 CFC or a halon - the beginning of 16 March 1989; or
(b) in relation to a stage-2 CFC or methyl chloroform - the commencement of the Ozone Protection Amendment Act 1992.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 24
Ascertainment of size of quota - initial allocation in respect of export of stage-1 CFCs

24. Section 30 of the Principal Act is amended:
(a) by inserting in subsections (1), (2), (3), (4) and (5) "stage-1" before "CFCs" (wherever occurring);
(b) by omitting from subsection (1) "the first CFC quota period" and substituting "the first CFC quota period applicable tostage-1 CFCs";
(c) by omitting from subsections (2) and (3) "1986 component" and substituting "base year component";
(d) by omitting from subsection (3) "during 1986" and substituting "during the base year";
(e) by omitting from subsection (5) "1986" and substituting "the base year".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 25
Renewal of quota

25. Section 31 of the Principal Act is amended:
(a) by omitting from subsection (4) all the words after "CFC quota" and substituting "of a particular type, an application for renewal of a halon quota and an application for renewal of a methyl chloroform quota must be made separately";
(b) by adding "and" at the end of paragraph (5)(b);
(c) by inserting after paragraph (5)(b) the following paragraph:
"(c) the size of the current quota held by the applicant exceeds nil;";
(d) by omitting from paragraph (7)(a) "or a halon quota" and substituting ", a halon quota or a methyl chloroform quota";
(e) by inserting after paragraph (7)(a) the following paragraph:
"(aa) if the quota is a CFC quota renewed after the commencement of this paragraph - the type of CFCs to which the quota relates;";
(f) by omitting from paragraph (7)(c) "or (4)" and substituting(g) by inserting in paragraphs (9)(a) and (b) "stage-1" before "CFCs".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 26
Ascertainment of size of quota on renewal

26.(1) Section 32 of the Principal Act is amended:
(a) by omitting from subsection (1) "The size" and substituting "Subject to subsection (7) (which deals with general reductions and increases), the size";
(b) by omitting from subsections (2) and (3) "or halons" and substituting "of a particular type, halons or methyl chloroform";
(c) by adding at the end the following subsections:

"(7) The Minister may reduce or increase the size of a quota mentioned in subsection (1).
"(8) The Minister, in exercising the powers conferred by subsection (7):

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(a) must have regard to:
(i) Australia's international obligations in relation to the
manufacture, importation or consumption of scheduled substances; and
(ii) the policies of the Commonwealth Government in relation to
the manufacture, importation or consumption of scheduled substances; and
(b) may have regard to:
(i) the likely effect of the size of the quota on Australian
demand for individual scheduled substances (insofar as that likely effect is not covered by subparagraph (a)(i) or (ii)); and
(ii) such other matters (if any) as the Minister considers
relevant.".

(2) The amendments made by paragraphs (1)(a) and (c) apply in relation to quota periods commencing after the commencement of this subsection.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 27
Ascertainment of size of quota in respect of export of stage-1 CFCs on renewal

27.(1) Section 33 of the Principal Act is amended:
(a) by omitting "The" and substituting "Subject to subsection (2) (which deals with general reductions and increases), the";
(b) by inserting "stage-1" before "CFCs" (wherever occurring);
(c) by adding at the end the following subsections:

"(2) The Minister may reduce or increase the size of a quota mentioned in subsection (1).

"(3) The Minister, in exercising the powers conferred by subsection (2):
(a) must have regard to:
(i) Australia's international obligations in relation to the
export or consumption of scheduled substances; and
(ii) the policies of the Commonwealth Government in relation to
the export or consumption of scheduled substances; and
(b) may have regard to such other matters (if any) as the Minister considers relevant.".

(2) The amendments made by paragraphs (1)(a) and (c) apply in relation to quota periods commencing after the commencement of this subsection.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 28
Publishing of quota levels

28. Section 36 of the Principal Act is amended by adding at the end the following subsection:

"(3) Within one month after the beginning of each methyl chloroform quota period, the Minister must cause to be published in the Gazette a notice setting out:
(a) the total quantity of methyl chloroform permitted to be manufactured under methyl chloroform quotas during the period; and
(b) the total quantity of methyl chloroform permitted to be manufactured under methyl chloroform quotas during the period as part of an activity that is essential for purposes connected with Australia's defence; and
(c) the total quantity of methyl chloroform permitted to be imported under methyl chloroform quotas during the period; and
(d) the total quantity of methyl chloroform permitted to be imported under methyl chloroform quotas during the period as part of an activity that is essential for purposes connected with Australia's defence.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 29
Exemptions

29. Section 40 of the Principal Act is amended:
(a) by inserting after subsection (6) the following subsection:

"(6A) An exemption may be granted subject to such conditions as are specified in the notice.";
(b) by adding at the end the following subsections:

"(9) The Minister may, by written notice given to the holder of an exemption, cancel the exemption if there has been a contravention of any of the conditions to which it is subject.

"(10) It is not an offence to contravene a condition to which an exemption is subject.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 30
Protocol countries

30. Section 41 of the Principal Act is amended:
(a) by omitting from subsection (7) "this section" and substituting "subsection (2) or (4)";
(b) by adding at the end the following subsection:

"(8) The regulations may specify countries that, although parties to the Protocol, are taken, for the purposes of this Part, not to be parties to the Protocol.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 31
Import of scheduled substances from non-Protocol countries

31. Section 42 of the Principal Act is amended:
(a) by omitting from subsection (1) "this section" and substituting "this subsection";
(b) by inserting in subsection (1) "stage-1" before "scheduled substance";
(c) by omitting from subsection (2) "this section" and substituting "subsection (1)";
(d) by adding at the end the following subsection:

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"(4) On and after the first anniversary of the commencement of this subsection, a person must not import a stage-2 scheduled substance from a non-Protocol country.
Penalty: $10,000.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 32
Export of scheduled substances to non-Protocol countries

32. Section 43 of the Principal Act is amended:
(a) by inserting "stage-1" before "scheduled substance";
(b) by adding at the end the following subsection:

"(2) On and after the first anniversary of the commencement of this subsection, a person must not export a stage-2 scheduled substance to a non-Protocol country.
Penalty: $10,000.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 33
Import of products containing scheduled substances from non-Protocol countries

33.(1) Section 44 of the Principal Act is amended:
(a) by omitting from subsection (1) "this section" (first occurring) and substituting "this subsection";
(b) by inserting in subsection (1) "from a non-Protocol country" after "import";
(c) by inserting in subsection (1) "stage-1" before "scheduled substance";
(d) by omitting from subsection (1) ", being a product to which this section applies, from a non-Protocol country";
(e) by omitting from subsection (2) "this section" and substituting "subsection (1)";
(f) by omitting from subsection (3) "A product to which this section applies is" and substituting "Subsection (1) applies to";
(g) by omitting from subsection (3) "this section" (last occurring) and substituting "subsection (1)";
(h) by adding at the end the following subsections:

"(5) On and after the 3rd anniversary of the commencement of this subsection, a person must not import from a non-Protocol country a product containing a stage-2 scheduled substance.
Penalty: $10,000.

"(6) Subsection (5) applies to a product declared by the Minister to be a product to which subsection (5) applies, being a product listed in the annex referred to in paragraph 3 bis of Article 4 of the Protocol.

"(7) The declaration of a product under subsection (6) is to be by notice published in the Gazette.".

(2) A declaration of a product under subsection 44(3) of the Principal Act that was in force immediately before the commencement of this section has effect, after the commencement of this subsection, as if it were a declaration that the product is to be a product to which subsection 44(1) of the Principal Act as amended by this Act applies.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 34
Import of products manufactured using scheduled substances from non-Protocol countries

34.(1) Section 45 of the Principal Act is amended:
(a) by omitting from subsection (1) "this section" (first occurring) and substituting "this subsection";
(b) by inserting in subsection (1) "from a non-Protocol country" after "import";
(c) by inserting in subsection (1) "stage-1" before "scheduled substance";
(d) by omitting from subsection (1) ", being a product to which this section applies, from a non-Protocol country";
(e) by omitting from subsection (2) "this section" and substituting "subsection (1)";
(f) by omitting from subsection (3) "A product to which this section applies is" and substituting "Subsection (1) applies to";
(g) by omitting from subsection (3) "this section" (last occurring) and substituting "subsection (1)";
(h) by inserting after subsection (3) the following subsections:

"(3A) On and after the 5th anniversary of the commencement of this subsection, a person must not import from anon-Protocol country a product in the manufacture of which a stage-2 scheduled substance was used.
Penalty: $10,000.

"(3B) Subsection (3A) applies to a product declared by the Minister to be a product to which subsection (3A) applies, being a product listed in the annex referred to in paragraph 4 bis of Article 4 of the Protocol.";
(i) by omitting from subsection (4) "Subsection (1) does not" and substituting "Subsections (1) and (3A) do not";
(j) by omitting from subsection (4) "(1)" (last occurring) and substituting "(3) or (3B), as the case requires";
(k) by inserting in subsection (6) "or (3B)" after "(3)".

(2) A declaration of a product under subsection 45(3) of the Principal Act that was in force immediately before the commencement of this section has effect, after the commencement of this subsection, as if it were a declaration that the product is to be a product to which subsection 45(1) of the Principal Act as amended by this Act applies.

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OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 35
Initial report on base year activity - stage-1 scheduled substances

35. Section 46 of the Principal Act is amended:
(a) by omitting "1986" (wherever occurring) and substituting "the base year";
(b) by omitting from subsection (1) "scheduled substance" and substituting "stage-1 scheduled substance";
(c) by inserting "stage-1" before "CFCs" (wherever occurring).

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 36

36. After section 46 of the Principal Act the following section is inserted:
Initial report on base year activity - stage-2 scheduled substances and transitional substances

"46A.(1) Each person who, during the base year, manufactured, imported or exported any stage-2 scheduled substance or any transitional substance must, within one month after the commencement of this section, give the Minister a written report:
(a) stating which of the following activities the person engaged in during the base year:
(i) the manufacture of stage-2 CFCs;
(ii) the import of stage-2 CFCs;
(iii) the export of stage-2 CFCs;
(iv) the destruction of stage-2 CFCs;
(v) the manufacture of carbon tetrachloride;
(vi) the import of carbon tetrachloride;
(vii) the export of carbon tetrachloride;
(viii) the destruction of carbon tetrachloride;
(ix) the manufacture of methyl chloroform;
(x) the import of methyl chloroform;
(xi) the export of methyl chloroform;
(xii) the destruction of methyl chloroform;
(xiii) the manufacture of transitional substances;
(xiv) the import of transitional substances;
(xv) the export of transitional substances;
(xvi) the destruction of transitional substances; and
(b) in respect of each activity so engaged in, stating the quantity of stage-2 CFCs, carbon tetrachloride, methyl chloroform or transitional substances, as the case may be, that the person manufactured, imported, exported or destroyed, as the case may be, during the base year.
Penalty:
(c) if the offence relates solely to one or more transitional substances - $5,000; or
(d) in any other case - $10,000.

"(2) Within 2 months after the commencement of this section, the Minister must publish in the Gazette a notice that, using the information given under subsection (1) and any other relevant information available to the Minister, specifies, in respect of each activity mentioned in paragraph (1)(a), the total quantity of stage-2 CFCs, carbon tetrachloride, methyl chloroform or transitional substances, as the case may be, that was manufactured, imported, exported or destroyed during the base year in the course of that activity.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 37

37.(1) Section 47 of the Principal Act is repealed and the following section is substituted:
Quarterly reports by manufacturers, importers or exporters of scheduled substances

"47.(1) Each person who, during a quarter, manufactured, imported or exported a scheduled substance must give to the Minister a written report specifying:
(a) both:
(i) the quantity of CFCs manufactured by the person during the
quarter; and
(ii) the quantity of CFCs manufactured by the person during the
quarter for use as feedstock; and
(b) each of the following:
(i) the quantity of CFCs imported by the person during the
quarter;
(ii) the quantity of CFCs imported by the person during the
quarter, broken down by country of origin;
(iii) the quantity of CFCs imported by the person during the
quarter for use as feedstock; and
(c) both:
(i) the quantity of CFCs exported by the person during the
quarter; and
(ii) the quantity of CFCs exported by the person during the
quarter, broken down by country of destination; and
(d) the quantity of CFCs destroyed by the person during the quarter; and
(e) both:
(i) the quantity of halons manufactured by the person during the
quarter; and
(ii) the quantity of halons manufactured by the person during the

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quarter for use as feedstock; and
(f) each of the following:
(i) the quantity of halons imported by the person during the
quarter;
(ii) the quantity of halons imported by the person during the
quarter, broken down by country of origin;
(iii) the quantity of halons imported by the person during the
quarter for use as feedstock; and
(g) both:
(i) the quantity of halons exported by the person during the
quarter; and
(ii) the quantity of halons exported by the person during the
quarter, broken down by country of destination; and
(h) the quantity of halons destroyed by the person during the quarter; and
(i) both:
(i) the quantity of carbon tetrachloride manufactured by the
person during the quarter; and
(ii) the quantity of carbon tetrachloride manufactured by the
person during the quarter for use as feedstock; and
(j) each of the following:
(i) the quantity of carbon tetrachloride imported by the person
during the quarter;
(ii) the quantity of carbon tetrachloride imported by the person
during the quarter, broken down by country of origin;
(iii) the quantity of carbon tetrachloride imported by the person
during the quarter for use as feedstock; and
(k) both:
(i) the quantity of carbon tetrachloride exported by the person
during the quarter; and
(ii) the quantity of carbon tetrachloride exported by the person
during the quarter, broken down by country of destination; and
(l) the quantity of carbon tetrachloride destroyed by the person during the quarter; and
(m) both:
(i) the quantity of methyl chloroform manufactured by the person
during the quarter; and
(ii) the quantity of methyl chloroform manufactured by the person
during the quarter for use as feedstock; and
(n) each of the following:
(i) the quantity of methyl chloroform imported by the person
during the quarter;
(ii) the quantity of methyl chloroform imported by the person
during the quarter, broken down by country of origin;
(iii) the quantity of methyl chloroform imported by the person
during the quarter for use as feedstock; and
(o) both:
(i) the quantity of methyl chloroform exported by the person
during the quarter; and
(ii) the quantity of methyl chloroform exported by the person
during the quarter, broken down by country of destination; and
(p) the quantity of methyl chloroform destroyed by the person during the quarter.
Penalty: $10,000.

"(2) A report must be given to the Minister within 15 days after the end of the quarter to which it relates.

"(3) For the purposes of subsection (1), if the quantity of a particular thing is a nil amount, the report concerned must state that fact.

"(4) This section applies as follows:
(a) in the case of stage-1 CFCs and halons - to quarters commencing after the commencement of this section;
(b) in the case of stage-2 CFCs and carbon tetrachloride - to quarters commencing on or after the first 1 July after the commencement of this section;
(c) in the case of methyl chloroform - to quarters included in a methyl chloroform quota period.".

(2) In spite of the repeal of section 47 of the Principal Act effected by subsection (1), that section continues to have effect, in relation to a quarter commencing at or before the commencement of this subsection, as if that repeal had not been effected.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 38

38. Before section 48 of the Principal Act the following section is inserted:
Annual reports by manufacturers, importers or exporters of transitional substances

"47A.(1) Each person who, during the year commencing on the first 1 January after the commencement of this section or during a later year, manufactured, imported or exported any transitional substance must give to the Minister a written report specifying:
(a) both:
(i) the quantity of transitional substances manufactured by the

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person during the year; and
(ii) the quantity of transitional substances manufactured by the
person during the year for use as feedstock; and
(b) each of the following:
(i) the quantity of transitional substances imported by the person
during the year;
(ii) the quantity of transitional substances imported by the
person during the year, broken down by country of origin;
(iii) the quantity of transitional substances imported by the
person during the year for use as feedstock; and
(c) both:
(i) the quantity of transitional substances exported by the person
during the year; and
(ii) the quantity of transitional substances exported by the
person during the year, broken down by country of destination; and
(d) the quantity of transitional substances destroyed by the person during the year.
Penalty: $5,000.

"(2) A report must be given to the Minister within 15 days after the end of the year to which it relates.

"(3) For the purposes of subsection (1), if the quantity of a particular thing is a nil amount, the report concerned must state that fact.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 39

39. Before section 49 of the Principal Act the following section is inserted:
Division does not apply to obligations relating to transitional substances

"48A. A reference in this Division to this Act does not include a reference to:
(a) section 46A or 62, in so far as that section relates to transitional substances; or
(b) section 47A.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 40
Forfeitable goods

40. Section 57 of the Principal Act is amended:
(a) by inserting in paragraph (1)(a) ", 17A" after "13";
(b) by inserting in paragraph (1)(b) "17A," after "13,";
(c) by inserting in paragraph (1)(c) "17A," after "13,".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 41
False statements

41. Section 62 of the Principal Act is amended by adding at the end the following subsection:

"(4) A person must not knowingly or recklessly include in a report given to the Minister in accordance with a condition of a restricted licence a statement that is false or misleading in a material particular.
Penalty: imprisonment for 2 years.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 42
Review of decisions

42. Section 66 of the Principal Act is amended:
(a) by inserting after paragraph (a) the following paragraph:
"(aa) a decision to specify, impose, revoke or vary a licence condition under section 17A;";
(b) by inserting after paragraph (f) the following paragraph:
"(fa) a decision reducing or increasing the size of a quota under subsection 29(10), 32(7) or 33(2);";
(c) by adding at the end the following paragraphs:
"(h) a decision to specify an exemption condition under section 40;
(i)
a decision to cancel an exemption under section 40.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 43

43. After section 67 of the Principal Act the following section is inserted:
Delegation
"67A.(1) The Minister may, by writing, delegate to a person holding or performing the duties of a Senior Executive Service office in the Department all or any of the Minister's powers under section 19, 34, 49, 50 or 61.

"(2) Subsection (1) does not apply to the power conferred on the Minister by section 34 to increase the size of a quota.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 44

44. After section 69 of the Principal Act the following sections are inserted:
Implementation of Protocol - supplementary regulations
"69A.(1) The regulations may make provision for and in relation to giving effect to an adjustment or amendment of the Protocol, in so far as the adjustment or amendment relates to a substance other than a scheduled substance (whether that substance exists alone or in a mixture).

"(2) Regulations made by virtue of subsection (1) in relation to an adjustment or amendment of the Protocol that has not entered into force for Australia must not come into operation on a date earlier than the date on which the adjustment or amendment entered into force for Australia.

Severability

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"69B.(1) This section applies if the enactment of one or more provisions of this Act (other than Part V or VI) goes beyond giving effect to the Convention and the Protocol.

"(2) The provisions are to be read so that their application is limited to, or in relation to:
(a) giving effect to the Convention and the Protocol; or
(b) matters external to Australia; or
(c) matters of international concern; or
(d) conduct engaged in by a corporation of a kind mentioned in paragraph 37(1)(a), (b), (c) or (d); or
(e) activities of a kind mentioned in paragraph 37(2)(a), (b), (c), (d), (e) or (f).".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 45
Schedule 1

45. Schedule 1 to the Principal Act is amended as set out in Schedule 1 to this Act.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 46
Schedule 3

46. Schedule 3 to the Principal Act is repealed and the Schedule set out in Schedule 2 to this Act is substituted.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 47
Schedule 4

47. Schedule 4 to the Principal Act is amended:
(a) by omitting from clause 1 "After the commencement of this Act, a" and substituting "A";
(b) by adding at the end of clause 1 the following subclause:

"(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or import of machinery after the commencement of this Act;
(b) in the case of a stage-2 scheduled substance - to the manufacture or import of machinery after the commencement of the Ozone Protection Amendment Act 1992.";
(c) by omitting from clause 2 "After 31 January 1989, a" and substituting "A";
(d) by adding at the end of clause 2 the following subclause:

"(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or import of equipment after 31 January 1989;
(b) in the case of a stage-2 scheduled substance - to the manufacture or import of equipment after the commencement of the Ozone Protection Amendment Act 1992.";
(e) by omitting from clause 3 "After 30 June 1989, a" and substituting "A";
(f) by adding at the end of clause 3 the following subclause:

"(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or import of products after 30 June 1989;
(b) in the case of a stage-2 scheduled substance - to the manufacture or import of products after the commencement of the Ozone Protection Amendment Act 1992.";
(g) by omitting from clause 4 "After 31 December 1989, a" and substituting "A";
(h) by inserting in paragraph 4(b) "thermal" before "insulating";
(i) by adding at the end of clause 4 the following subclause:

"(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or import of products after 31 December 1989;
(b) in the case of a stage-2 scheduled substance - to the manufacture or import of products after the commencement of the Ozone Protection Amendment Act 1992.";
(j) by omitting from clause 5 "After 31 December 1989, a" and substituting "A";
(k) by adding at the end of clause 5 the following subclause:

"(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or import of products after 31 December 1989;
(b) in the case of a stage-2 scheduled substance (other than methyl chloroform) - to the manufacture or import of products after the commencement of the Ozone Protection Amendment Act 1992;
(c) in the case of methyl chloroform - to the manufacture or import of products after whichever is the later of the following times:
(i) the commencement of the Ozone Protection Amendment Act 1992;
(ii) the end of 31 December 1992.".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SECT 48
Amendments relating to penalties

48. The Principal Act is amended as set out in Schedule 3 to this Act.

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SCHEDULE 1

SCHEDULE 1 Section 45
AMENDMENTS OF SCHEDULE 1 TO THE PRINCIPAL ACT
Heading to Part I:

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Omit "CFCs", substitute "Division 1 - Stage-1 CFCs".
Part I:
Add at the end:
"Division 2 - Stage-2 CFCs
Column 1 Column 2 Ozone depleting potential
Substance
CF3Cl (CFC-13) 1.0
C2FCl5 (CFC-111) 1.0
C2F2Cl4 (CFC-112) 1.0
C3FCl7 (CFC-211) 1.0
C3F2Cl6 (CFC-212) 1.0
C3F3Cl5 (CFC-213) 1.0
C3F4Cl4 (CFC-214) 1.0
C3F5Cl3 (CFC-215) 1.0
C3F6Cl2 (CFC-216) 1.0
C3F7Cl (CFC-217) 1.0 ".
After Part II:
Insert the following Parts:
"PART III
Carbon tetrachloride
Column 1 Column 2 Ozone depleting potential
Substance
Carbon tetrachloride (CC14) 1.1
PART IV
Methyl chloroform
Column 1 Column 2 Ozone deleting potential
Substance
1,1,1-trichloroethane (C2H3C13*) 1.1
* This formula does not refer to 1,1,2-trichloroethane".

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SCHEDULE 2

SCHEDULE 2 Section 46
SUBSTITUTION OF SCHEDULE 3 TO THE PRINCIPAL ACT
"SCHEDULE 3 Section 7
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER AS
ADJUSTED AND AMENDED BY THE SECOND MEETING OF THE PARTIES
LONDON, 27-29 JUNE 1990
The parties to this Protocol,
Being Parties to the Vienna Convention for the Protection of the
Ozone Layer,

Mindful of their obligation under that Convention to take appropriate
measures to protect human health and the environment against adverse
effects resulting or likely to result from human activities which
modify or are likely to modify the ozone layer,

Recognizing that world-wide emissions of certain substances can
significantly deplete and otherwise modify the ozone layer in a manner
that is likely to result in adverse effects on human health and the
environment,
Conscious of the potential climatic effects of emissions of these
substances,
Aware that measures taken to protect the ozone layer from depletion
should be based on relevant scientific knowledge, taking into account
technical and economic considerations,
Determined to protect the ozone layer by taking precautionary
measures to control equitably total global emissions of substances that
deplete it, with the ultimate objective of their elimination on the
basis of developments in scientific knowledge, taking into account
technical and economic considerations and bearing in mind the
developmental needs of developing countries,
Acknowledging that special provision is required to meet the needs of
developing countries, including the provision of additional financial
resources and access to relevant technologies, bearing in mind that the
magnitude of funds necessary is predictable, and the funds can be
expected to make a substantial difference in the world's ability to
address the scientifically established problem of ozone depletion and
its harmful effects,

Noting the precautionary measures for controlling emissions of
certain chlorofluorocarbons that have already been taken at national
and regional levels,
Considering the importance of promoting international co-operation in
the research, development and transfer of alternative technologies
relating to the control and reduction of emissions of substances that
deplete the ozone layer, bearing in mind in particular the needs of
developing countries,
HAVE AGREED AS FOLLOWS:
ARTICLE 1: DEFINITIONS
For the purposes of this Protocol:
1. "Convention" means the Vienna Convention for the Protection of the
Ozone Layer, adopted on 22 March 1985.
2. "Parties" means, unless the text otherwise indicates, Parties to
this Protocol.

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3. "Secretariat" means the secretariat of the Convention.
4. "Controlled substance" means a substance in Annex A or in Annex B to
this Protocol, whether existing alone or in a mixture. It includes the
isomers of any such substance, except as specified in the relevant
Annex, but excludes, any controlled substance or mixture which is in a
manufactured product other than a container used for the transportation
or storage of that substance.
5. "Production" means the amount of controlled substances produced,
minus the amount destroyed by technologies to be approved by the
Parties and minus the amount entirely used as feedstock in the
manufacture of other chemicals. The amount recycled and reused is not
to be considered as "production".
6. "Consumption" means production plus imports minus exports of
controlled substances.
7. "Calculated levels" of production, imports, exports and consumption
means levels determined in accordance with Article 3.
8. "Industrial rationalization" means the transfer of all or a portion
of the calculated level of production of one Party to another, for the
purpose of achieving economic efficiencies or responding to anticipated
shortfalls in supply as a result of plant closures.
9. "Transitional substance" means a substance in Annex C to this
Protocol, whether existing alone or in a mixture. It includes the
isomers of any such substance, except as may be specified in Annex C,
but excludes any transitional substance or mixture which is in a
manufactured product other than a container used for the transportation
or storage of that substance.

ARTICLE 2: CONTROL MEASURES
1. (Incorporated in Article 2A as per the adjustments made in Second
Meeting of the Parties in London in 1990).
2. Replaced by Article 2B.
3 and 4. Replaced in Article 2A.
5. Any Party may, for one or more control periods, transfer to another
Party any portion of its calculated level of production set out in
Articles 2A to 2E, provided that the total combined calculated levels
of production of the Parties concerned for any group of controlled
substances do not exceed the production limits set out in those
Articles for that group. Such transfer of production shall be notified
to the Secretariat by each of the Parties concerned, stating the terms
of such transfer and the period for which it is to apply.
6. Any Party not operating under Article 5, that has facilities for the
production of Annex A or Annex B controlled substances under
construction, or contracted for, prior to 16 September 1987, and
provided for in national legislation prior to 1 January 1987, may add
the production from such facilities to its 1986 production of such
substances for the purposes of determining its calculated level of
production for 1986, provided that such facilities are completed by 31
December 1990 and that such production does not raise that Party's
annual calculated level of consumption of the controlled substances
above 0.5 kilograms per capita.
7. Any transfer of production pursuant to paragraph 5 or any addition
of production pursuant to paragraph 6 shall be notified to the
secretariat, no later than the time of the transfer or addition.
8. (a) Any Parties which are Members States of a regional economic
integration organization as defined in Article 1 (6) of the Convention
may agree that they shall jointly fulfil their obligations respecting
consumption under this Article and Articles 2A to 2E provided that
their total combined calculated level of consumption does not exceed
the levels required by this Article and Articles 2A to 2E.
(b) The Parties to any such agreement shall inform the secretariat of
the terms of the agreement before the date of the reduction in
consumption with which the agreement is concerned.
(c) Such agreement will become operative only if all Members States
of the regional economic integration organization and the organization
concerned are Parties to the Protocol and have notified the secretariat
of their manner of implementation.
9. (a) Based on the assessments made pursuant to Article 6, the Parties
may decide whether:
(i) Adjustments to the ozone depleting potentials specified in Annex
A and/or Annex B should be made and, if so, what the adjustments should
be; and
(ii) Further adjustments and reductions of production or consumption
of the controlled substances should be undertaken and, if so, what the
scope, amount and timing of any such adjustments and reductions should
be;
(b) Proposals for such adjustments shall be communicated to the
Parties by the secretariat at least six months before the meeting of
the Parties at which they are proposed for adoption;
(c) In taking such decisions, the Parties shall make every effort to
reach agreement by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, such decisions shall, as a last

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resort, be adopted by a two-thirds majority vote of the Parties present
and voting representing a majority of the Parties operating under
Paragraph 1 of Article 5 present and voting and a majority of the
Parties not so operating present and voting.
(d) The decisions, which shall be binding on all Parties, shall
forthwith be communicated to the Parties by the Depositary. Unless
otherwise provided in the decisions, they shall enter into force on the
expiry of six months from the date of the circulation of the
communication by the Depositary.
10. Based on the assessments made pursuant to Article 6 of this
Protocol and in accordance with the procedure set out in Article 9 of
the Convention, the Parties may decide:
(i) Whether any substances, and if so which, should be added to or
removed from any annex to this Protocol; and
(ii) The mechanism, scope and timing of the control measures that
should apply to those substances.
11. Notwithstanding the provisions contained in this Article and
Articles 2A to 2E Parties may take more stringent measures than those
required by this Article and Articles 2A to 2E.

ARTICLE 2A: CFCs
1. Each Party shall ensure that for the twelve-month period commencing
on the first day of the seventh month following the date of entry into
force of this Protocol, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed its calculated level of consumption in 1986.
By the end of the same period, each Party producing one or more of
these substances shall ensure that its calculated level of production
of the substances does not exceed its calculated level of production in
1986, except that such level may have increased by no more than ten per
cent based on the 1986 level. Such increase shall be permitted only so
as to satisfy the basic domestic needs of the Parties operating under
Article 5 and for the purposes of industrial rationalization between
Parties.
2. Each Party shall ensure that for the period from 1 July 1991 to 31
December 1992 its calculated levels of consumption and production of
the controlled substances in Group I of Annex A do not exceed 150 per
cent of its calculated levels of production and consumption of those
substances in 1986; with effect from 1 January 1993, the twelve-month
control period for these controlled substances shall run from 1 January
to 31 December each year.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed, annually, fifty per cent of its calculated
level of consumption in 1986. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed, annually, fifty
per cent of its calculated level of production in 1986. However, in
order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of
production in 1986.

4. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1997, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed, annually, fifteen per cent of its
calculated level of consumption in 1986. Each Party producing one or
more of these substances shall, for the same periods, ensure that its
calculated level of production of the substances does not exceed,
annually, fifteen per cent of its calculated level of production in
1986. However, in order to satisfy the basic domestic needs to the
Parties operating under paragraph 1 of Article 5, its calculated level
of production in 1986.
5. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed zero. Each Party producing one or more of
these substances shall, for the same periods, ensure that its
calculated level of production of the substances does not exceed zero.
However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of the
production may exceed that limit by up to fifteen per cent of its
calculated level of production in 1986.
6. In 1992, the Parties will review the situation with the objective of
accelerating the reduction schedule.

ARTICLE 2B: HALONS
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1992, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group
II of Annex A does not exceed, annually, its calculated level of

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consumption in 1986. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed, annually, its
calculated level of production in 1986. However, in order to satisfy
the basic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to
tenper cent of its calculated level of production in 1986.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group
II of Annex A does not exceed, annually, fifty per cent of its
calculated level of consumption in 1986. Each Party producing one or
more of these substances shall, for the same periods, ensure that its
calculated level of production of the substances does not exceed,
annually, fifty per cent of its calculated level of production in 1986.
However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten per cent of its
calculated level of production in 1986. This paragraph will apply save
to the extent that the Parties decide to permit the level of production
or consumption that is necessary to satisfy essential uses for which no
adequate alternatives are available.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group
II of Annex A does not exceed zero. Each Party producing one or more of
these substances shall, for the same periods, ensure that its
calculated level of production of the substances does not exceed zero.
However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to fifteen per cent of its
calculated level of production in 1986. This paragraph will apply save
to the extent that the Parties decide to permit the level of production
or consumption that is necessary to satisfy essential uses for which no
adequate alternatives are available.
4. By 1 January 1993, the Parties shall adopt a decision identifying
essential uses, if any, for the purposes of paragraphs 2 and 3 of this
Article. Such decision shall be reviewed by the Parties at their
subsequent meetings.

ARTICLE 2C: OTHER FULLY HALOGENATED CFCs
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1993, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex B does not exceed, annually, eighty per cent of its calculated
level of consumption in 1989. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed, annually, eighty
per cent of its calculated level of production in 1989. However, in
order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of
production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1997, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex B does not exceed, annually, fifteen per cent of its
calculated level of consumption in 1989. Each Party producing one or
more of these substances shall, for the same periods, ensure that its
calculated level of production of the substances does not exceed,
annually, fifteen per cent of its calculated level of production in
1989. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph 1 of Article 5, its calculated level
of production may exceed that limit by up to ten per cent of its
calculated level of production in 1989.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex B does not exceed zero. Each Party producing one or more of
these substances shall, for the same periods, ensure that its
calculated level of production of the substances does not exceed zero.
However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to fifteen per cent of its
calculated level of production in 1989.

ARTICLE 2D: CARBON TETRACHLORIDE
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group II
of Annex B does not exceed, annually, fifteen per cent of its
calculated level of consumption in 1989. Each Party producing the

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substance shall, for the same periods, ensure that its calculated level
of production of the substance does not exceed, annually, fifteen per
cent of its calculated level of production in 1989. However, in order
to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production
in 1989.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group II
of Annex B does not exceed zero. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of
production of the substance does not exceed zero. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to fifteen per cent of its calculated level of
production in 1989.

ARTICLE 2E: 1,1,1-TRICHLOROETHANE (METHYL CHLOROFORM)
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1993, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group
III of Annex B does not exceed, annually, its calculated level of
consumption in 1989. Each Party producing the substance shall, for the
same periods, ensure that its calculated level of production of the
substance does not exceed, annually, its calculated level of production
in 1989. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph 1 of Article 5, its calculated level
of production may exceed that limit by up to ten per cent of its
calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group
III of Annex B does not exceed, annually, seventy per cent of its
calculated level of consumption in 1989. Each Party producing the
substance shall, for the same periods, ensure that its calculated level
of production of the substance does not exceed, annually, seventy per
cent of its calculated level of consumption in 1989. However, in order
to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production
in 1989.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group
III of Annex B does not exceed, annually, thirty per cent of its
calculated level of consumption in 1989. Each Party producing the
substance shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, thirty per
cent of its calculated level of production in 1989. However, in order
to satisfy the basic domestic needs of Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production
in 1989.
4. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2005, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group
III of Annex B does not exceed zero. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of
production of the substance does not exceed zero. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to fifteen per cent of its calculated level of
production in 1989.
5. The Parties shall review, in 1992, the feasibility of a more rapid
schedule of reductions than that set out in this Article.

ARTICLE 3: CALCULATION OF CONTROL LEVELS
For the purposes of Articles 2, 2A to 2E and 5, each Party shall, for
each group of substances in Annex A or Annex B, determine its
calculated levels of:
(a) Production by:
(i) Multiplying its annual production of each controlled substance
by the ozone depleting potential specified in respect of it in Annex A
or Annex B;
(ii) Adding together, for each such Group, the resulting figures;
(b) Imports and exports, respectively, by following, mutatis
mutandis, the procedure set out in subparagraph (a); and
(c) Consumption by adding together its calculated levels of
production and imports and subtracting its calculated level of exports
as determined in accordance with subparagraphs (a) and (b). However,
beginning on 1 January 1993, any export of controlled substances to

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non-Parties shall not be subtracted in calculating the consumption
level of the exporting Party.

ARTICLE 4: CONTROL OF TRADE WITH NON-PARTIES
1. As of 1 January 1990, each Party shall ban the import of the
controlled substances in Annex A from any State not Party to this
Protocol.
1 bis. Within one year of the date of the entry into force of this
paragraph, each Party shall ban the import of the controlled substances
in Annex B from any State not party to this Protocol.
2. As of 1 January 1993, each Party shall ban the export of any
controlled substances in Annex A to any State not party to this
Protocol.
2 bis. Commencing one year after the date of entry into force of this
paragraph, each Party shall ban the export of any controlled substances
in Annex B to any State not party to this Protocol.
3. By 1 January 1992, the Parties shall, following the procedures in
Article 10 of the Convention, elaborate in an annex a list of products
containing controlled substances in Annex A. Parties that have not
objected to the annex in accordance with those procedures shall ban,
within one year of the annex having become effective, the import of
those products from any State not party to this Protocol.
3 bis. Within three years of the date of the entry into force of this
paragraph, the Parties shall, following the procedures in Article 10 of
the Convention, elaborate in an annex a list of products containing
controlled substances in Annex B. Parties that have not objected to the
annex in accordance with those procedures shall ban, within one year of
the annex having become effective, the import of those products from
any State not party to this Protocol.
4. By 1 January 1994, the Parties shall determine the feasibility of
banning or restricting, from States not party to this Protocol, the
import of products produced with, but not containing, controlled
substances in Annex A. If determined feasible, the Parties shall,
following the procedures in Article 10 of the Convention, elaborate in
an annex a list of such products. Parties that have not objected to the
annex in accordance with those procedures shall ban, within one year of
the annex having become effective, the import of those products from
any State not party to this Protocol.
4 bis. Within five years of the date of the entry into force of this
paragraph, the Parties shall determine the feasibility of banning or
restricting, from States not party to this Protocol, the import of
products produced with, but not containing, controlled substances in
Annex B. If determined feasible, the Parties shall, following the
procedures in Article 10 of the Convention, elaborate in an annex a
list of such products. Parties that have not objected to the annex in
accordance with those procedures shall ban or restrict, within one year
of the annex having become effective, the import of those products from
any State not party to this Protocol.
5. Each Party undertakes to the fullest practicable extent to
discourage the export to any State not party to this Protocol of
technology for producing and for utilizing controlled substances.
6. Each Party shall refrain from providing new subsidies, aid, credits,
guarantees or insurance programmes for the export to States not party
to this Protocol of products, equipment, plants or technology that
would facilitate the production of controlled substances.
7. Paragraphs 5 and 6 shall not apply to products, equipment, plants or
technology that improve the containment, recovery, recycling or
destruction of controlled substances, promote the development of
alternative substances, or otherwise contribute to the reduction of
emissions of controlled substances.
8. Notwithstanding the provisions of this Article, imports referred to
in paragraphs 1, 1 bis, 3, 3 bis, 4, and 4 bis and exports referred to
in paragraphs 2 and 2 bis may be permitted from, or to, any State not
party to this Protocol if that State is determined, by a meeting of the
Parties, to be in full compliance with Article 2, Articles 2A to 2E and
this Article, and have submitted data to that effect as specified in
Article 7.
9. For the purposes of this Article, the term ``State not Party to this
Protocol'' shall include, with respect to a particular controlled
substance, a State or regional economic integration organization that
has not agreed to be bound by the control measures in effect for that
substance.

ARTICLE 5: SPECIAL SITUATION OF DEVELOPING COUNTRIES
1. Any Party that is a developing country and whose annual calculated
level of consumption of the controlled substances in Annex A is less
than 0.3 kilograms per capita on the date of the entry into force of
the Protocol for it, or any time thereafter until 1 January 1999 shall,
in order to meet its basic domestic needs, be entitled to delay for ten
years its compliance with the control measures set out in Articles 2A
to 2E.
2. However, any Party operating under paragraph 1 of this Article shall

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exceed neither an annual calculated level of consumption of the
controlled substances in Annex A of 0.3 kilograms per capita nor an
annual calculated level of consumption of controlled substances of
Annex B of 0.2 kilograms per capita.
3. When implementing the control measures set out in Articles 2A to 2E,
any Party operating under paragraph 1 of this Article shall be entitled
to use:
(a) For controlled substances under Annex A, either the average of
its annual calculated level of consumption for the period 1995 to 1997
inclusive or a calculated level of consumption of 0.3 kilograms per
capita, whichever is the lower, as the basis for determining its
compliance with the control measures.
(b) For controlled substances under Annex B, the average of its
annual calculated level consumption for the period 1998 to 2000
inclusive or a calculated level of consumption of 0.2 kilograms per
capita, whichever is the lower, as the basis for determining its
compliance with the control measures.
4. If a Party operating under paragraph 1 of this Article, at any time
before the control measures obligations in Articles 2A to 2E become
applicable to it, finds itself unable to obtain an adequate supply of
controlled substances, it may notify this to the Secretariat. The
Secretariat shall forthwith transmit a copy of such notification to the
Parties, which shall consider the matter at their next Meeting, and
decide upon appropriate action to be taken.
5. Developing the capacity to fulfil the obligations of the Parties
operating under paragraph 1 of this Article to comply with the control
measures set out in Articles 2A to 2E and their implementation by those
same Parties will depend upon the effective implementation of the
financial co-operation as provided by Article 10 and the transfer of
technology as provided by Article 10A.
6. Any Party operating under paragraph 1 of this Article may, at any
time, notify the Secretariat in writing that, having taken all
practicable steps it is unable to implement any or all of the
obligations laid down in Articles 2A to 2E due to the inadequate
implementation of Articles 10 and 10A. The Secretariat shall forthwith
transmit a copy of the notification to the Parties, which shall
consider the matter at their next Meeting, giving due recognition to
paragraph 5 of this Article and shall decide upon appropriate action to
be taken.
7. During the period between notification and the Meeting of the
Parties at which the appropriate action referred to in paragraph 6
above is to be decided, or for a further period if the Meeting of the
Parties so decides, the non-compliance procedures referred to in
Article 8 shall not be invoked against the notifying Party.
8. A Meeting of the Parties shall review, not later than 1995, the
situation of the Parties operating under paragraph 1 of this Article,
including the effective implementation of financial co-operation and
transfer of technology to them, and adopt such revisions that may be
deemed necessary regarding the schedule of control measures applicable
to those Parties.
9. Decisions of the Parties referred to in paragraph 4, 6 and 7 of this
Article shall be taken according to the same procedure applied to
decision-making under Article 10.

ARTICLE 6: ASSESSMENT AND REVIEW OF CONTROL MEASURES
Beginning in 1990, and at least every four years thereafter, the
Parties shall assess the control measures provided for in Article 2 and
Articles 2A to 2E, and the situation regarding production, imports and
exports of the transitional substances in Group I of Annex C on the
basis of available scientific, environmental, technical and economic
information. At least one year before each assessment, the Parties
shall convene appropriate panels of experts qualified in the fields
mentioned and determine the composition and terms of reference of any
such panels. Within one year of being convened, the panels will report
their conclusions, through the Secretariat, to the Parties.

ARTICLE 7: REPORTING OF DATA
1. Each Party shall provide to the Secretariat, within three months of
becoming a Party, statistical data on its production, imports and
exports of each of the controlled substances in Annex A for the year
1986, or the best possible estimates of such data where actual data are
not available.
2. Each Party shall provide to the Secretariat statistical data on its
production, imports and exports of each of the controlled substances in
Annex B and each of the transitional substances in Group I of Annex C,
for the year 1989, or the best possible estimates of such data where
actual data are available, not later than three months after the date
when the provision set out in the Protocol with regard to the
substances in Annex B enter into force for that Party.
3. Each Party shall provide statistical data to the Secretariat on its
annual production (as defined in paragraph 5 of Article 1), and,
separately,

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- amounts used for feedstocks,
- amounts destroyed by technologies approved by the Parties,
- imports and exports to Parties and non-Parties respectively,
of each of the controlled substances listed in Annexes A and B as well
as of the transitional substances in Group I of Annex C, for the year
during which provisions concerning the substances in Annex B entered
into force for that Party and for each year thereafter. Data shall be
forwarded not later than nine months after the end of the year to which
the data relate.
4. For parties operating under the provisions of paragraph 8 (a) of
Article 2, the requirements in paragraphs 1, 2 and 3 of this Article in
respect of statistical data on imports and exports shall be satisfied
if the regional economic integration organization concerned provides
data on imports and exports between the organization and States that
are not members of that organization.

ARTICLE 8: NON-COMPLIANCE
The Parties, at their first meeting, shall consider and approve
procedures and institutional mechanisms for determining non-compliance
with the provisions of this Protocol and for treatment of Parties found
to be in non-compliance.

ARTICLE 9: RESEARCH, DEVELOPMENT, PUBLIC AWARENESS AND
EXCHANGE OF INFORMATION
1. The Parties shall co-operate, consistent with their national laws,
regulations and practices and taking into account in particular the
needs of developing countries, in promoting, directly or through
competent international bodies, research, development and exchange of
information on:
(a) Best technologies for improving the containment, recovery,
recycling, or destruction of controlled and transitional substances or
otherwise reducing their emissions;
(b) Possible alternatives to controlled substances, to products
containing such substances, and to products manufactured with them; and
(c) Costs and benefits of relevant control strategies.
2. The Parties, individually, jointly or through competent
international bodies, shall co-operate in promoting public awareness of
the environmental effects of the emissions of controlled substances and
other substances that deplete the ozone layer.
3. Within two years of the entry into force of this Protocol and every
two years thereafter, each Party shall submit to the Secretariat a
summary of the activities it has conducted pursuant to this Article.

ARTICLE 10: FINANCIAL MECHANISM
1. The Parties shall establish a mechanism for the purposes of
providing financial and technical co-operation, including the transfer
of technologies, to Parties operating under paragraph 1 of Article 5 of
this Protocol to enable their compliance with the control measures set
out in Articles 2A to 2E of the Protocol. The mechanism, contributions
to which shall be additional to other financial transfers to Parties
operating under that paragraph, shall meet all agreed incremental costs
of such Parties in order to enable their compliance with the control
measures of the Protocol. An indicative list of the categories of
incremental costs shall be decided by the meeting of the Parties.
2. The mechanism established under paragraph 1 shall include a
Multilateral Fund. It may also include other means of multilateral,
regional and bilateral co-operation.
3. The Multilateral Fund shall:
(a) Meet, on a grant or concessional basis as appropriate, and
according to criteria to be decided upon by the Parties, the agreed
incremental costs;
(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of Article 5, through
country specific studies and other technicalco-operation, to identify
their needs for co-operation;
(ii) Facilitate technical co-operation to meet these identified
needs;
(iii) Distribute, as provided for in Article 9, information and
relevant materials, and hold workshops, training sessions, and other
related activities, for the benefit of Parties that are developing
countries; and
(iv) Facilitate and monitor other multilateral, regional and
bilateral co-operation available to Parties that are developing
countries;
(c) Finance the secretarial services of the Multilateral Fund and
related support costs.
4. The Multilateral Fund shall operate under the authority of the
Parties who shall decide on its overall policies.
5. The Parties shall establish an Executive Committee to develop and
monitor the implementation of specific operational policies, guidelines
and administrative arrangements, including the disbursement of
resources, for the purpose of achieving the objectives of the
Multilateral Fund. The Executive Committee shall discharge its tasks

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and responsibilities, specified in its terms of reference as agreed by
the Parties, with the co-operation and assistance of the International
Bank for Reconstruction and Development (World Bank), the United
Nations Environment Programme, the United Nations Development Programme
or other appropriate agencies depending on their respective areas of
expertise. The members of the Executive Committee, which shall be
selected on the basis of a balanced representation of the Parties
operating under paragraph 1 of Article 5 and of the Parties not so
operating, shall be endorsed by the Parties.
6. The Multilateral Fund shall be financed by contributions from
Parties not operating under paragraph 1 of Article 5 in convertible
currency or, in certain circumstances, in kind and/or in national
currency, on the basis of the United Nations scale of assessments.
Contributions by other Parties shall be encouraged. Bilateral and, in
particular cases agreed by a decision of the Parties, regional
co-operation may, up to a percentage and consistent with any criteria
to be specified by decision of the Parties, be considered as a
contribution to the Multilateral Fund, provided that such
co-operation, as a minimum:
(a) Strictly relates to compliance with the provisions of this
Protocol;
(b) Provides additional resources; and
(c) Meets agreed incremental costs.
7. The Parties shall decide upon the programme budget of the
Multilateral Fund for each fiscal period and upon the percentage of
contributions of the individual Parties thereto.
8. Resources under the Multilateral Fund shall be disbursed with the
concurrence of the beneficiary Party.
9. Decisions by the Parties under this Article shall be taken by
consensus whenever possible. If all efforts at consensus have been
exhausted and no agreement reached, decisions shall be adopted by a
two-thirds majority vote of the Parties present and voting,
representing a majority of the Parties operating under paragraph 1 of
Article 5 present and voting and a majority of the Parties not so
operating present and voting.
10. The financial mechanism set out in this Article is without
prejudice to any future arrangements that may be developed with respect
to other environmental issues.

ARTICLE 10A: TRANSFER OF TECHNOLOGY
Each Party shall take every practicable step, consistent with the
programmes supported by the financial mechanism, to ensure:
(a) That the best available, environmentally safe substitutes and
related technologies are expeditiously transferred to Parties operating
under paragraph 1 of Article 5; and
(b) That the transfers referred to in subparagraph (a) occur under
fair and most favourable conditions.

ARTICLE 11: MEETINGS OF THE PARTIES
1. The Parties shall hold meetings at regular intervals. The
Secretariat shall convene the first meeting of the Parties not later
than one year after the date of the entry into force of this Protocol
and in conjunction with a meeting of the Conference of the Parties to
the Convention, if a meeting of the latter is scheduled within that
period.
2. Subsequent ordinary meetings of the parties shall be held, unless
the Parties otherwise decide, in conjunction with meetings of the
Conference of the Parties to the Convention. Extraordinary meetings of
the Parties shall be held at such other times as may be deemed
necessary by a meeting of the Parties, or at the written request of any
Party, provided that within six months of such a request being
communicated to them by the Secretariat, it is supported by at least
one third of the Parties.
3. The Parties, at their first meeting, shall:
(a) Adopt by consensus rules of procedure for their meetings;
(b) Adopt by consensus the financial rules referred to in paragraph
2 of Article 13;
(c) Establish the panels and determine the terms of reference
referred to in Article 6;
(d) Consider and approve the procedures and institutional mechanisms
specified in Article 8; and
(e) Begin preparation of workplans pursuant to paragraph 3 of Article
10.
4. The functions of meetings of the Parties shall be to:
(a) Review the implementation of this Protocol;
(b) Decide on any adjustments or reductions referred to in paragraph
9 of Article 2;
(c) Decide on any addition to, insertion in or removal from any annex
of substances and on related control measures in accordance with
paragraph 10 of Article 2;
(d) Establish, where necessary, guidelines or procedures for
reporting of information as provided for in Article 7 and paragraph 3

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of Article 9;
(e) Review requests for technical assistance submitted pursuant to
paragraph 2 of Article 10;
(f) Review reports prepared by the Secretariat pursuant to
subparagraph (c) of Article 12;
(g) Assess, in accordance with Article 6, the control measures and
the situation regarding transitional substances;
(h) Consider and adopt, as required, proposals for amendment of this
Protocol or any annex and for any new annex;
(i) Consider and adopt the budget for implementing this Protocol; and
(j) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Protocol.
5. The United Nations, its specialized agencies and the International
Atomic Energy Agency, as well as any State not party to this Protocol,
may be represented at meetings of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
qualified in fields relating to the protection of the
ozone layer which has informed the Secretariat of its wish to be
represented at a meeting of the Parties as an observer may be admitted
unless at least one third of the Parties present object. The admission
and participation of observers shall be subject to the rules of
procedure adopted by the Parties.

ARTICLE 12: SECRETARIAT
For the purposes of this Protocol, the Secretariat shall:
(a) Arrange for and service meetings of the Parties as provided for
in Article 11;
(b) Receive and make available, upon request by a Party, data
provided pursuant to Article 7;
(c) Prepare and distribute regularly to the Parties reports based on
information received pursuant to Articles 7 and 9;
(d) Notify the Parties of any request for technical assistance
received pursuant to Article 10 so as to facilitate the provision of
such assistance;
(e) Encourage non-Parties to attend the meetings of the Parties as
observers and to act in accordance with the provisions of this
Protocol;
(f) Provide, as appropriate, the information and requests referred to
in subparagraphs (c) and (d) to such non-party observers; and
(g) Perform such other functions for the achievement of the purposes
of this Protocol as may be assigned to it by the Parties.

ARTICLE 13: FINANCIAL PROVISIONS
1. The funds required for the operation of this Protocol, including
those for the functioning of the Secretariat related to this Protocol,
shall be charged exclusively against contributions from the Parties.
2. The Parties, at their first meeting, shall adopt by consensus
financial rules for the operation of this Protocol.

ARTICLE 14: RELATIONSHIP OF THIS PROTOCOL TO THE CONVENTION
Except as otherwise provided in this Protocol, the provisions of the
Convention relating to its protocols shall apply to this Protocol.

ARTICLE 15: SIGNATURE
This Protocol shall be open for signature by States and by regional
economic integration organizations in Montreal on 16 September 1987, in
Ottawa from 17 September 1987 to 16 January 1988, and at United Nations
Headquarters in New York from 17 January 1988 to 15 September 1988.

ARTICLE 16: ENTRY INTO FORCE
1. This Protocol shall enter into force on 1 January 1989, provided
that at least eleven instruments of ratification, acceptance, approval
of the Protocol or accession thereto have been deposited by States or
regional economic integration organizations representing at least two-thirds of 1986 estimated global consumption of the controlled
substances, and the provisions of paragraph 1 of Article 17 of the
Convention have been fulfilled. In the event that these conditions have
not been fulfilled by that date, the Protocol shall enter into force on
the ninetieth day following the date on which the conditions have been
fulfilled.
2. For the purposes of paragraph 1, any such instrument deposited by a
regional economic integration organization shall not be counted as
additional to those deposited by member States of such organization.
3. After the entry into force of this Protocol, any State or regional
economic integration organization shall become a Party to it on the
ninetieth day following the date of deposit of its instrument of
ratification, acceptance, approval or accession.

ARTICLE 17: PARTIES JOINING AFTER ENTRY INTO FORCE
Subject to Article 5, any State or regional economic integration
organization which becomes a Party to this Protocol after the date of
its entry into force, shall fulfil forthwith the sum of the obligations
under Article 2, as well as under Articles 2A to 2E, and Article 4,
that apply at that date to the States and regional economic integration
organizations that became Parties on the date the Protocol entered into
force.

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ARTICLE 18: RESERVATIONS
No reservations may be made to this Protocol

ARTICLE 19: WITHDRAWAL
Any Party may withdraw from this Protocol by giving written
notification to the Depositary at any time after four years of assuming
the obligations specified in paragraph 1 of Article 2A. Any such
withdrawal shall take effect upon expiry of one year after the date of
its receipt by the Depositary, or on such later date as may be
specified in the notification of the withdrawal.

ARTICLE 20: AUTHENTIC TEXTS
The original of this Protocol, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED TO THAT
EFFECT, HAVE SIGNED THIS PROTOCOL.
DONE AT MONTREAL THIS SIXTEENTH DAY OF SEPTEMBER, ONE THOUSAND NINE
HUNDRED AND EIGHTY SEVEN.
Annex A
CONTROLLED SUBSTANCES
Group Substance Ozone Depleting
Potential*/
Group I
CFCl3 (CFC-11) 1.0
CF2Cl2 (CFC-12) 1.0
C2F3Cl3 (CFC-113) 0.8
C2F4Cl2 (CFC-114) 1.0
C2F5Cl (CFC-115) 0.6
Group II
CF2BrCl (halon-1211) 3.0
CF3Br (halon-1301) 10.0
C2F4Br2 (halon-2402) 6.0
*/ These ozone depleting potentials are estimates based on existing
knowledge and will be reviewed and revised periodically.
Annex B
Controlled substances
Group Substance Ozone-depleting
potential
Group I
CF3Cl (CFC-13) 1.0
C2FCl5 (CFC-111) 1.0
C2F2Cl4 (CFC-112) 1.0
C3FCl7 (CFC-211) 1.0
C3F2Cl6 (CFC-212) 1.0
C3F3Cl5 (CFC-213) 1.0
C3F4Cl4 (CFC-214) 1.0
C3F5Cl3 (CFC-215) 1.0
C3F6Cl2 (CFC-216) 1.0
C3F7Cl (CFC-217) 1.0
Group II
CCl4 carbon tetrachloride 1.1
Group III
C2H3Cl3* 1,1,1-trichloroethane
(methyl chloroform) 0.1
* This formula does not refer to 1,1,2-trichloroethane.
Annex C
Transitional substances
Group Substance
Group I
CHFCl2 (HCFC-21)
CHF2Cl (HCFC-22)
CH2FCl (HCFC-31)
C2HFCl4 (HCFC-121)
C2HF2Cl3 (HCFC-122)
C2HF3Cl2 (HCFC-123)
C2HF4Cl (HCFC-124)
C2H2FCl3 (HCFC-131)
C2H2F2Cl2 (HCFC-132)
C2H2F3Cl (HCFC-133)
C2H3FCl2 (HCFC-141)
C2H3F2Cl (HCFC-142)
C2H4FCl (HCFC-151)
C3HFCl6 (HCFC-221)
C3HF2Cl5 (HCFC-222)
C3HF3Cl4 (HCFC-223)
C3HF4Cl3 (HCFC-224)
C3HF5Cl2 (HCFC-225)
C3HF6Cl (HCFC-226)
C3H2FCl5 (HCFC-231)
C3H2F2Cl4 (HCFC-232)
C3H2F3Cl3 (HCFC-233)
C3H2F4Cl2 (HCFC-234)
C3H2F5Cl (HCFC-235)
C3H3FCl4 (HCFC-241)
C3H3F2Cl3 (HCFC-242)
C3H3F3Cl2 (HCFC-243)
C3H3F4Cl (HCFC-244)
C3H4FCl3 (HCFC-251)
C3H4F2Cl2 (HCFC-252)
C3H4F3Cl (HCFC-253)
C3H5FCl2 (HCFC-261)
C3H5F2Cl (HCFC-262)
C3H6FCl (HCFC-271) "

OZONE PROTECTION AMENDMENT ACTR 1992 No. 46, 1992 - SCHEDULE 3

SCHEDULE 3 Section 48
AMENDMENTS RELATING TO PENALTIES
Subsections 13(1) and (2):
Omit the penalty, substitute:
"Penalty: $50,000.".
Subsections 23(1) and (2):
Omit the penalty, substitute:
"Penalty: $50,000.".
Subsections 24(1) and (2):
Omit the penalty, substitute:
"Penalty: $50,000.".
Section 25:
Omit the penalty, substitute:
"Penalty: $50,000.".
Subsections 38(1) and (2):
Omit the penalty, substitute:
"Penalty: $5,000.".
Subsection 42(1):
Omit the penalty, substitute:
"Penalty: $10,000.".
Section 43:
Omit the penalty, substitute:
"Penalty: $10,000.".
Subsection 44(1):
Omit the penalty, substitute:
"Penalty: $10,000.".
Subsection 45(1):
Omit the penalty, substitute:
"Penalty: $10,000.".
Subsection 46(1):
Omit the penalty, substitute:
"Penalty: $10,000.".
Subsections 60(1) and (2):
Omit the penalty, substitute:
"Penalty: imprisonment for 2 years.".
Subsection 62(1):
Omit the penalty, substitute:
"Penalty: imprisonment for 2 years.".
Subsection 62(2):
Omit the penalty, substitute:
"Penalty: imprisonment for 12 months.".
Subsection 62(3):
Omit the penalty, substitute:
"Penalty:
(a) if the offence relates solely to one or more transitional
substances - $5,000; or
(b) any other case - imprisonment for 2 years.".
Section 63:
Omit the penalty, substitute:
"Penalty: imprisonment for 6 months.".
Subsection 64(1):
Omit the penalty, substitute:
"Penalty: imprisonment for 12 months.".