Federal Register of Legislation - Australian Government

Primary content

Act No. 126 of 1995 as amended, taking into account amendments up to Act No. 124 of 2003
An Act to impose a levy on the import of HCFCs, methyl bromide and SGGs under licences granted under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Administered by: Sustainability, Environment, Water, Population and Communities
Start Date 05 Dec 2003
End Date 30 Jun 2012

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS (IMPORT LEVY) ACT 1995



Compilation Information

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Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 Act No. 126 of 1995

This compilation was prepared on 11 December 2003
taking into account amendments up to Act No. 124 of 2003
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra



Long Title

An Act to impose a levy on the import of HCFCs, methyl bromide and SGGs under licences granted under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS (IMPORT LEVY) ACT 1995
- SECT 1
Short title [see Note 1]

This Act may be cited as the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995.

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS (IMPORT LEVY) ACT 1995
- SECT 2
Commencement

This Act commences on 1 January 1996.

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS (IMPORT LEVY) ACT 1995
- SECT 3
Interpretation

Expressions used in this Act have the same meanings as in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS (IMPORT LEVY) ACT 1995
- SECT 4
Import levy

(1)
If:

(a) a controlled substances licence allows the licensee to import a substance or substances; and
(b) the licensee imports any such substance during a quarter during which the licence is in force;

then levy is imposed on the licensee in respect of that import at the rate prescribed by the regulations.

(2)
Subsection (1) does not apply to the import of an SGG in circumstances that are prescribed for the purposes of subsection 13(1A) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

(3)
If the licensee of a pre-charged equipment licence imports any pre-charged equipment during a quarter during which the licence is in force, then levy is imposed on the licensee in respect of that import at the rate prescribed by the regulations in respect of the scheduled substance contained in the pre-charged equipment.

(4)
For the purposes of this section, if a licence is in force for only part of a particular quarter, that part is taken to be a quarter.

(5)
The rate of levy prescribed by the regulations cannot exceed:

(a) for HCFCs—$3,000 per ODP tonne; and
(b) for SGGs—$165 per tonne; and
(c) for methyl bromide—$135 per tonne.

Note: For the purposes of paragraph (a), the method of calculating ODP tonnes is set out in section 10 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.


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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS (IMPORT LEVY) ACT 1995
- SECT 5
Regulations

The Governor-General may make regulations for the purposes of section 4.

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS (IMPORT LEVY) ACT 1995
Notes to the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995

Note 1

The Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 as shown in this compilation comprises Act No. 126, 1995 amended as indicated in the Tables below.

Table of Acts

Act


Number
and year


Date
of Assent


Date of commencement


Application, saving or transitional provisions


Ozone Protection (Licence Fees—Imports) Act 1995


126, 1995


2 Nov 1995


1 Jan 1996



Ozone Protection (Licence Fees—Imports) Amendment Act 2003


124, 2003


5 Dec 2003


5 Dec 2003



Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted


Provision affected


How affected


Title


rs. No. 124, 2003


S. 1


am. No. 124, 2003


S. 3


am. No. 124, 2003


S. 4


rs. No. 124, 2003


S. 5


am. No. 124, 2003