Federal Register of Legislation - Australian Government

Primary content

SLI 2005 No. 71 Regulations as made
These Regulations introduce regulations to permit publication of licences issued under the Act, introduces regulations for the fire protection industry and amends existing regulations for the supply and use of methyl bromide.
Administered by: DEW
Registered 29 Apr 2005
Tabling HistoryDate
Tabled HR10-May-2005
Tabled Senate10-May-2005
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2005 (No. 1)1

Select Legislative Instrument 2005 No. 71

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

Dated 22 April 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN CAMPBELL


1              Name of Regulations

                These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2005 (No. 1).

2              Commencement

                These Regulations commence on 1 May 2005.

3              Amendment of Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

                Schedule 1 amends the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.


Schedule 1        Amendments

(regulation 3)

  

[1]           After regulation 3C

insert

4              Publication of information regarding licences (Act s 22)

         (1)   For section 22 of the Act, the Secretary may publish in the Gazette, in March and September each year, details of licences granted and licences cancelled.

         (2)   The details that may be published in relation to a licence are:

                (a)    the kind of licence; and

               (b)    the name of the licensee; and

                (c)    the date on which the licence was granted or cancelled.

[2]           Subparagraphs 100 (a) (i) and (b) (i)

omit

air conditioning; and

insert

air conditioning, and fire protection; and

[3]           Regulation 200, after definition of exempt person

insert

feedstock permit means a permit granted under regulation 242.

[4]           Regulation 200, definition of nominated supplier

substitute

nominated supplier means:

                (a)    in relation to an exempt person — a person that is shown as a nominated supplier for the exempt person on the Non-QPS Exemption List; and

               (b)    in relation to the holder of a feedstock permit — a person that is shown as a nominated supplier on the holder’s permit.

[5]           Regulation 200, definition of Non-QPS Exemption List

omit

1 January 2005.

insert

1 May 2005.

[6]           Regulation 201

substitute

201         Uses of methyl bromide

         (1)   For this Division, the uses of methyl bromide are:

                (a)    for QPS applications; and

               (b)    for non-QPS applications; and

                (c)    as a feedstock.

Note   Section 7 of the Act provides that feedstock means an intermediate substance which is used to manufacture other chemicals.

         (2)   For this Division, methyl bromide is used for a QPS application (or quarantine and pre-shipment application) if:

                (a)    it is applied by, or with the authorisation of, a Commonwealth, State or Territory authority to prevent the introduction, establishment or spread of a pest or disease in Australia, a State or a Territory; or

               (b)    it is applied to a commodity, before it is exported, to meet the requirements of the importing country or a law of the Commonwealth.

         (3)   For this Division, methyl bromide is used for a non-QPS application (or non-quarantine and pre-shipment application) if it is used:

                (a)    for an application that is not a QPS application; and

               (b)    other than as a feedstock.

[7]           After regulation 213

insert in Subdivision 6A.3.2

214         Offence — using methyl bromide as a feedstock

         (1)   A person who uses methyl bromide as a feedstock is guilty of an offence if the person is not:

                (a)    the holder of a feedstock permit; or

               (b)    acting on behalf of the holder of a feedstock permit.

Penalty:   10 penalty units.

         (2)   The holder of a feedstock permit is guilty of an offence if, during a year, the amount of methyl bromide that the holder uses, or that is used on the holder’s behalf, as a feedstock is more than the amount that the holder is permitted to use during the year under the permit.

Penalty:   10 penalty units.

         (3)   The holder of a feedstock permit is guilty of an offence if the holder, or a person acting on behalf of the holder, uses methyl bromide to manufacture a chemical other than a chemical that the holder is permitted to manufacture under the permit.

Penalty:   10 penalty units.

         (4)   The holder of a feedstock permit is guilty of an offence if:

                (a)    the holder, or a person acting on behalf of the holder, buys methyl bromide and states, in a declaration for paragraph 220 (1) (e), that it is for use as a feedstock; and

               (b)    some, or all, of the methyl bromide is used other than as a feedstock.

Penalty:   10 penalty units.

         (5)   An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

215         Offence — supplying methyl bromide for use as a feedstock

         (1)   A person (the supplier), other than an importer, is guilty of an offence if:

                (a)    he or she sells methyl bromide to a buyer; and

               (b)    the buyer states, in a declaration for paragraph 220 (1) (e), that the methyl bromide is for use as a feedstock; and

                (c)    the buyer is not:

                          (i)    the holder of a feedstock permit; or

                         (ii)    acting on behalf of the holder of a feedstock permit; and

               (d)    if the buyer is, or is acting on behalf of, the holder of a feedstock permit, the supplier:

                          (i)    is not a nominated supplier for the holder; or

                         (ii)    does not ensure that, if the sale is made in a particular year, the total amount of methyl bromide sold during the year by the supplier to the holder for use as a feedstock is equal to or less than the amount that the holder is permitted, under the permit, to buy from the supplier during the year.

Penalty:   10 penalty units.

         (2)   In this regulation:

importer means a licensee who holds a controlled substances licence that:

                (a)    allows the licensee to import methyl bromide; and

               (b)    is subject to a condition to the effect that methyl bromide imported for use as a feedstock may only be supplied to a person, or persons, specified in the licence.

Note   A licensee must not contravene a condition of his or her licence — see subsection 18 (7) of the Act.

         (3)   An offence against subregulation (1) is an offence of strict liability.

[8]           Subdivision 6A.3.3, heading, note

substitute

Note   Regulation numbers 216 to 219 (inclusive) are intentionally not used.

[9]           Subparagraph 220 (1) (e) (ii)

omit

applications.

insert

applications;

[10]         After subparagraph 220 (1) (e) (ii)

insert

                         (iii)    how much is to be used as a feedstock.

[11]         Regulation 221, heading

substitute

221         Records of use — QPS and non-QPS applications

[12]         Subregulation 221 (1)

after

methyl bromide

insert

for a QPS or non-QPS application

[13]         Subregulation 221 (2)

omit

person:

insert

person for a QPS or non-QPS application:

[14]         Regulation 222, heading

substitute

222         Summary records of use — QPS and non-QPS applications

[15]         Subregulation 222 (1), except the note

substitute

         (1)   A person who uses methyl bromide for a QPS or non-QPS application must keep a record, in an approved form and signed by the person, of the following information in relation to each day on which the person uses methyl bromide for the application:

                (a)    the date;

               (b)    the total amount of methyl bromide used by the person for QPS and non-QPS applications on the day.

Penalty:   10 penalty units.

[16]         After regulation 222

insert in Subdivision 6A.3.3

223         Records of use — feedstock

         (1)   A person who uses methyl bromide as a feedstock must keep a record of the following information in relation to each day on which the person uses methyl bromide as a feedstock:

                (a)    the date;

               (b)    the amount of methyl bromide used by the person as a feedstock on the day;

                (c)    what chemical, or chemicals, the methyl bromide was used to manufacture.

Penalty:   10 penalty units.

         (2)   The person must retain the record for 5 years from the day to which the record relates.

Penalty:   10 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

[17]         Subdivision 6A.3.4, heading, note

substitute

Note   Regulation numbers 224 to 229 (inclusive) are intentionally not used.

[18]         Subparagraph 230 (1) (b) (iv)

substitute

                        (iv)    from the declaration made by the buyer for paragraph 220 (1) (e) — how much of the methyl bromide is to be used for QPS applications, for non-QPS applications and as a feedstock; and

[19]         Subregulation 232 (2), note

omit

[20]         After regulation 232

insert in Part 6A

233         Reports to be given by holders of feedstock permits

         (1)   A person who is the holder of a feedstock permit during a year must, within 21 days after the end of the year, give the Minister a report that sets out:

                (a)    the amount of methyl bromide used by, or on behalf of, the person as a feedstock in the year; and

               (b)    what chemical, or chemicals, the methyl bromide was used to manufacture; and

                (c)    if no methyl bromide was used by, or on behalf of, the person as a feedstock in the year, a statement to that effect.

Penalty:   10 penalty units.

Note   It is an offence to give false or misleading information to a Commonwealth entity — see section 137.1 of the Criminal Code.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Subdivision 6A.3.5     Feedstock permits

Note   Regulation numbers 234 to 239 (inclusive) are intentionally not used.

240         Definition for Subdivision 6A.3.5

                In this Subdivision:

permit year, in relation to a feedstock permit, means the calendar year for which the permit is granted.

241         Applications for feedstock permits

         (1)   An application for a feedstock permit must:

                (a)    be made to the Secretary in an approved form; and

               (b)    set out the information mentioned in subregulation (2); and

                (c)    be signed by the applicant.

         (2)   For paragraph (1) (b), the information is:

                (a)    the name, address and ABN (if any) of the applicant; and

               (b)    the name, address, telephone number, facsimile number and e-mail address of a contact person for the applicant; and

                (c)    the permit year for which the applicant is seeking the permit; and

               (d)    the amount of methyl bromide that the applicant intends to use as a feedstock during the permit year; and

                (e)    what chemical, or chemicals, the applicant will use the methyl bromide to manufacture; and

                (f)    an estimate of the methyl bromide emissions that will result from the applicant’s use of the methyl bromide; and

                (g)    in relation to any methyl bromide that the applicant intends to buy during the permit year for use as a feedstock:

                          (i)    the name, address and ABN (if any) of each intended supplier of the methyl bromide; and

                         (ii)    the amount of methyl bromide that the applicant intends to buy from each supplier; and

                (h)    the amount of methyl bromide that the applicant already possesses for use as a feedstock during the permit year; and

                 (i)    evidence that the applicant is a fit and proper person to hold the permit.

         (3)   If an applicant does not provide all the information mentioned in subregulation (2), the Secretary:

                (a)    may ask the applicant for the missing information; and

               (b)    need not consider the application until the applicant provides the information.

         (4)   If, 30 days after an application is made, and any information sought under subregulation (3) is provided, the Secretary has not made a decision about the application, the Secretary is taken to have refused the application.

242         Grant of feedstock permits

         (1)   The Secretary must grant a feedstock permit to a person who makes an application under regulation 241 if the Secretary is satisfied that:

                (a)    methyl bromide can be used as a feedstock for the chemical, or chemicals, mentioned in the person’s application; and

               (b)    the proposed use of methyl bromide by the person will result in minimum methyl bromide emissions; and

                (c)    the person is a fit and proper person to hold the permit.

         (2)   The permit must set out, in writing, the details of the permit and must state:

                (a)    the permit year; and

               (b)    the conditions of the permit, including:

                          (i)    the amount of methyl bromide that the person may use; and

                         (ii)    what chemical, or chemicals, the person may use the methyl bromide to manufacture; and

                         (iii)    the amount of methyl bromide that the person may buy; and

                        (iv)    the nominated supplier, or suppliers, of the methyl bromide; and

                (c)    that the holder of the permit must not contravene a condition of the permit.

         (3)   A permit is in force:

                (a)    from the later of:

                          (i)    1 January in the permit year; and

                         (ii)    the day on which it is granted; and

               (b)    until the end of the permit year.

         (4)   For paragraph (1) (b), a use of methyl bromide results in minimum methyl bromide emissions if no more than 2% of the methyl bromide used is emitted.

243         Decision whether applicant is a fit and proper person

                When the Secretary is deciding whether a person who holds, or is applying for, a feedstock permit is a fit and proper person to hold the permit, the Secretary must take into account matters including the following:

                (a)    any conviction of the person for an offence against the Act or these Regulations;

               (b)    in the case of an individual:

                          (i)    any conviction of the person for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer; and

                         (ii)    whether the person is bankrupt;

                (c)    in the case of a corporation:

                          (i)    any conviction of the corporation for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed at a time when a person who is a director, officer or shareholder of the corporation was a director, officer or shareholder of the corporation; and

                         (ii)    whether the corporation is an externally administered body corporate (within the meaning of the Corporations Act 2001);

               (d)    if any statement by the person in an application was false or misleading in a material particular — whether the person knew that the statement was false or misleading;

                (e)    whether the person has contravened a condition of a feedstock permit held by the person;

                (f)    whether the person held a feedstock permit that was cancelled.

244         Cancellation and suspension of feedstock permits

         (1)   The Secretary may cancel or suspend a feedstock permit if he or she:

                (a)    is satisfied that the holder is no longer a fit and proper person to hold the permit; or

               (b)    is notified, by the holder in writing, that the holder no longer intends to use methyl bromide as a feedstock.

         (2)   The Secretary cancels or suspends a feedstock permit by giving the holder a notice:

                (a)    stating that the permit has been cancelled or suspended; and

               (b)    setting out the reasons for the cancellation or suspension; and

                (c)    in the case of a suspension — stating the period of the suspension.

         (3)   A feedstock permit is not in force during any period of suspension.

245         Review of decisions

                An application may be made to the Administrative Appeals Tribunal for review of a decision by the Secretary:

                (a)    under regulation 242:

                          (i)    not to grant a feedstock permit; or

                         (ii)    to grant a permit to use a particular amount of methyl bromide; or

                         (iii)    not to grant a permit to use methyl bromide to manufacture a particular chemical; or

                        (iv)    to grant a permit to buy a particular amount of methyl bromide from a particular supplier; or

               (b)    to cancel or suspend a permit under paragraph 244 (1) (a).

Note   Regulation numbers 246 to 300 (inclusive) are intentionally not used.

[21]         After Division 6A.3

insert

Division 6A.4        Fire protection

Subdivision 6A.4.1     Preliminary

301         Definitions for Division 6A.4

                In this Division:

approved extinguishing agent destruction facility means a facility of a kind mentioned in regulation 306, operated by a person who holds a current approval under that regulation.

extinguishing agent means a scheduled substance that can be used to prevent, control or extinguish a fire, or suppress an explosion.

extinguishing agent handling licence means a licence granted under Subdivision 6A.4.3.

extinguishing agent trading authorisation means an authorisation granted under regulation 331.

fire protection equipment means equipment that releases an extinguishing agent to prevent, control or extinguish a fire, or suppress an explosion.

Fire Protection Industry (Ozone Depleting Substances and Synthetic Greenhouse Gas) Board (or Fire Protection Industry (ODS & SGG) Board) means the Board appointed under paragraph 311 (1) (a).

fire protection industry permit means any of the following:

                (a)    an extinguishing agent handling licence;

               (b)    an extinguishing agent trading authorisation;

                (c)    a halon special permit.

halon special permit has the meaning given by regulation 341.

special circumstances exemption has the meaning given by regulation 342.

302         Offence — handling extinguishing agent

         (1)   On or after 1 November 2005, a person must not handle an extinguishing agent that is, or has been, for use in fire protection equipment unless he or she holds:

                (a)    an extinguishing agent handling licence; or

               (b)    a special circumstances exemption that covers the handling of the agent; or

                (c)    if the extinguishing agent is halon — a halon special permit.

Penalty:   10 penalty units.

         (2)   For subregulation (1), handle an extinguishing agent means to do anything with the extinguishing agent (other than use it to prevent, control or extinguish a fire, or suppress an explosion) that carries the risk of its emission, including:

                (a)    decanting the extinguishing agent; or

               (b)    installing or maintaining fire protection equipment; or

                (c)    decommissioning or disposing of fire protection equipment.

303         Offence — possessing or trading in extinguishing agent

         (1)   In this regulation:

bulk extinguishing agent means an extinguishing agent, other than halon, that is, or has been, for use in fire protection equipment, but does not include an agent that is contained in fire protection equipment.

         (2)   On or after 1 November 2005, a person must not acquire, possess, or dispose of bulk extinguishing agent unless the person is:

                (a)    the operator of an approved extinguishing agent destruction facility; or

               (b)    the holder of an extinguishing agent trading authorisation; or

                (c)    the holder of a special circumstances exemption that is appropriate for the acquisition, possession or disposition of the agent; or

               (d)    the officer in charge of a fire station.

Penalty:   10 penalty units.

         (3)   It is a defence to a charge of contravening subregulation (2) that the defendant, as soon as practicable after becoming aware that he or she possessed bulk extinguishing agent, gave it to:

                (a)    the operator of an approved extinguishing agent destruction facility; or

               (b)    the holder of an extinguishing agent trading authorisation; or

                (c)    the officer in charge of a fire station.

         (4)   An offence against subregulation (2) is an offence of strict liability.

304         Offence — possessing halon

         (1)   On or after 1 November 2005, a person must not possess halon that is, or has been, for use in fire protection equipment unless:

                (a)    subregulation (4) applies to the equipment; or

               (b)    the halon is for use in fire protection equipment and the person is the holder of a halon special permit; or

                (c)    the person is the holder of a special circumstances exemption that covers the possession of the halon; or

               (d)    the person is the operator of an approved extinguishing agent destruction facility.

Penalty:   10 penalty units.

         (2)   It is a defence to a charge of contravening subregulation (1) that the defendant:

                (a)    in the case of a defendant who is the officer in charge of a fire station or the holder of an extinguishing agent trading authorisation — acquired the halon for transfer to an approved extinguishing agent destruction facility; or

               (b)    as soon as practicable after becoming aware that he or she possessed halon, gave it to:

                          (i)    the officer in charge of a fire station; or

                         (ii)    the holder of an extinguishing agent trading authorisation; or

                         (iii)    the operator of an approved extinguishing agent destruction facility.

         (3)   An offence against subregulation (1) is an offence of strict liability.

         (4)   This subregulation applies to equipment that:

                (a)    is used by the Defence Force in:

                          (i)    a Collins Class submarine; or

                         (ii)    an FFG7 Class destroyer; or

                         (iii)    an ANZAC Class frigate; or

                        (iv)    an Assault Landing Vehicle; or

               (b)    is installed in, or carried in, an aircraft; or

                (c)    is installed in an enclosed space containing machinery, including the pump room, of a vessel:

                          (i)    of more than 500 tonnes dead weight; or

                         (ii)    that is entered in the Australian Register of Ships established under the Shipping Registration Act 1981.

Note   If halon ceases to be essential for use with a particular item of equipment mentioned in subregulation (4), the subregulation will be amended to omit the item.

305         Discharge of scheduled substances (Act s 45B)

         (1)   For paragraph 45B (1) (e) of the Act, a person may discharge a scheduled substance if:

                (a)    the discharge is to:

                          (i)    test the design of a fire extinguishing system or a fire extinguisher; or

                         (ii)    calibrate equipment used to detect extinguishing agent leaks; and

               (b)    the person is granted a permit by the Fire Protection Industry (ODS & SGG) Board, allowing the discharge.

         (2)   A person may apply in writing to the Board for a permit.

         (3)   An application must include:

                (a)    the name and address of the applicant; and

               (b)    information about each proposed discharge, including:

                          (i)    the location of the discharge; and

                         (ii)    if more than 1 discharge is proposed — the number of discharges; and

                         (iii)    the quantity of substance in each discharge; and

                        (iv)    the reason it is necessary to discharge the substance; and

                (c)    any other information relevant to any proposed discharge.

         (4)   The Board may grant a permit if, in its opinion:

                (a)    the applicant, because of his or her training and experience, is able to carry out the discharge in a way that minimises the amount of the substance discharged; and

               (b)    the discharge is to test the design of a system that is necessary to protect human life or critical to the community; and

                (c)    there is no alternative to the discharge that is:

                          (i)    practicable; and

                         (ii)    available at a reasonable cost; and

                         (iii)    safe; and

                        (iv)    likely to result in less damage to the environment.

306         Extinguishing agent destruction facilities

         (1)   The Minister may, on application, give approval in writing for a person to operate an extinguishing agent destruction facility.

         (2)   An application must be in writing and must include:

                (a)    the name and address of the applicant; and

               (b)    the address of the facility; and

                (c)    enough information about the facility to enable the Minister to decide the application; and

               (d)    evidence that the equipment to be used by the applicant for the destruction of extinguishing agents (the destruction equipment) was, no more than 2 years before the date of the application, tested and approved by a person accredited by the National Association of Testing Authorities, Australia to conduct the testing.

         (3)   The application fee for an approval is $300.

         (4)   The Minister may approve a facility only if he or she is satisfied that the facility is able to operate in a way that is consistent with Australia’s obligations under the Montreal Protocol.

         (5)   An approval is subject to the condition that:

                (a)    the destruction equipment is fit for the purpose for which it is to be used; and

               (b)    of each batch of an extinguishing agent given to the facility for destruction, at least 99.99% is converted into something that is not a scheduled substance.

         (6)   An approval granted under this regulation is effective for 2 years.

Subdivision 6A.4.2     Fire protection industry permits

Note   Regulation numbers 307 to 310 (inclusive) are intentionally not used.

311         Fire Protection Industry (ODS & SGG) Board

         (1)   The Minister may:

                (a)    appoint a body that is incorporated under the Corporations Act 2001 as the Fire Protection Industry (ODS & SGG) Board; and

               (b)    authorise the Board to exercise any or all of the powers and functions mentioned in subregulation (2).

         (2)   The powers and functions are to:

                (a)    receive applications for fire protection industry permits; and

               (b)    collect, on behalf of the Commonwealth, the fees that are payable for those applications; and

                (c)    grant fire protection industry permits; and

               (d)    collect information:

                          (i)    supplied by applicants for industry permits; and

                         (ii)    supplied in response to any request made by the Board under paragraph 332 (1) (b); and

                (e)                publish the information mentioned in paragraph (d) in a way that does not:

                          (i)    allow any person to be identified; or

                         (ii)    disclose confidential information; and

                (f)    inspect, with the occupier’s permission, premises used for activities conducted under a fire protection industry permit.

312         Minister may exercise Board’s powers and functions

         (1)   This regulation applies if the Minister:

                (a)    does not appoint a body under subregulation 311 (1); or

               (b)    appoints a body as the Fire Protection Industry (ODS & SGG) Board but authorises it to exercise only some of the powers and functions mentioned in subregulation 311 (2); or

                (c)    revokes, or suspends, the appointment of the Board; or

               (d)    revokes or suspends some of the powers and functions of the Board.

         (2)   The Minister may:

                (a)    exercise any powers and functions mentioned in subregulation 311 (2) not being exercised by the Board; or

               (b)    if there is no Board — exercise any or all of the powers and functions mentioned in subregulation 311 (2).

         (3)   A reference in this Division to the Board, in relation to a power or function that is being exercised by the Minister, is a reference to the Minister.

313         Applications for fire protection industry permits — general

         (1)   An application for a fire protection industry permit must:

                (a)    be made to the Fire Protection Industry (ODS & SGG) Board in a form approved by the Minister; and

               (b)    include the appropriate fee; and

                (c)    include the information needed by the Board to decide the application, including:

                          (i)    details about the applicant’s relevant training and experience; and

                         (ii)    in the case of an application by an individual — evidence about the applicant’s knowledge about this Division, the Act and any standard that is relevant to the work to be carried out under the permit; and

                         (iii)    evidence that the applicant is a fit and proper person to hold the permit.

         (2)   If an applicant has not provided all the information mentioned in paragraph (1) (c) the Board:

                (a)    may ask the applicant for the missing information; and

               (b)    need not consider the application until the applicant provides the information.

         (3)   If, 30 days after an application is made and any information sought under subregulation (2) is provided, the Board has not made a decision about the application, the Board is taken to have refused the application.

314         Decision whether applicant is a fit and proper person

                When the Fire Protection Industry (ODS & SGG) Board is deciding whether a person who holds, or is applying for, a fire protection industry permit is a fit and proper person to hold the permit, the Board must take into account matters including the following:

                (a)    any conviction of the person for an offence against the Act or these Regulations;

               (b)    in the case of an individual:

                          (i)    any conviction of the person for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer; and

                         (ii)    whether the person is bankrupt;

                (c)    in the case of a corporation:

                          (i)    any conviction of the corporation for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed at a time when a person who is a director, officer or shareholder of the corporation was a director, officer or shareholder of the corporation; and

                         (ii)    whether the corporation is an externally administered body corporate (within the meaning of the Corporations Act 2001);

               (d)    if any statement by the person in an application was false or misleading in a material particular — whether the person knew that the statement was false or misleading;

                (e)    whether the person has contravened a condition of a fire protection industry permit;

                (f)    whether the person held a fire protection industry permit that was cancelled.

315         Minister may cancel or suspend permit

         (1)   The Minister may cancel or suspend a fire protection industry permit if he or she is satisfied that the holder:

                (a)    is no longer a fit and proper person to hold the permit; or

               (b)    has contravened a condition to which the permit was subject.

         (2)   The Minister cancels or suspends a fire protection industry permit by giving the holder a notice:

                (a)    stating that the permit has been cancelled or suspended; and

               (b)    setting out the reasons for the cancellation or suspension; and

                (c)    in the case of a suspension — stating the period of the suspension.

316         Reconsideration of decisions

         (1)   Application may be made:

                (a)    to the Fire Protection Industry (ODS & SGG) Board for reconsideration of any of the following:

                          (i)    a refusal of an application for a fire protection industry permit;

                         (ii)    a decision about the period for which a permit is in force;

                         (iii)    a decision imposing a condition on a permit; or

               (b)    to the Minister for reconsideration of a decision to suspend or cancel a permit.

         (2)   An application for reconsideration of a decision must:

                (a)    be made within 21 days of the day on which the person received notice of the decision; and

               (b)    set out the reasons why the person wants the decision reconsidered.

         (3)   If the Board or Minister receives an application, the Board or Minister may:

                (a)    confirm the decision; or

               (b)    vary or reverse the decision.

         (4)   If the Board or Minister does not confirm, vary or reverse a decision within 30 days after the application for reconsideration of the decision was received, the Board or Minister is taken to have confirmed the decision.

317         Review of decisions

                Application may be made to the Administrative Appeals Tribunal for the review of a decision that was confirmed or varied by the Board or Minister under subregulation 316 (3).

318         Permit not in force if suspended

                A fire protection industry permit is not in force during any period of suspension.

319         Powers of inspectors

                An inspector appointed under section 49 of the Act may exercise the powers given to him or her under Part VIII of the Act at premises used, by the holder of a fire protection industry permit, for:

                (a)    activities permitted by the permit; or

               (b)    storage of records relating to activities permitted by the permit.

Subdivision 6A.4.3     Extinguishing agent handling licences

Note   Regulation number 320 is intentionally not used.

321         Grant of extinguishing agent handling licences — general

         (1)   The fee to apply for 1 or more licences under this Subdivision is $200.

         (2)   However, if the application is for 1 licence which is to be in force for 12 months or less, the fee is $100.

         (3)   A licence granted under this Subdivision is in force:

                (a)    from the day on which it is granted, or another day specified, in writing, by the Fire Protection Industry (ODS & SGG) Board; and

               (b)    for a period of no more than:

                          (i)    24 months; or

                         (ii)    if the licence is granted under regulation 324 — 12 months;

                        specified, in writing, by the Board.

Note   The holder of an existing State or Territory authorisation is taken to hold an appropriate extinguishing agent handling licence for up to 24 months after the commencement of this Division: see regulation 327.

         (4)   If the Board grants 1 or more licences to a person it must give the person a document setting out the details of each licence granted.

         (5)   The holder of a licence that is in force (a first licence) may apply, free of charge, for a licence of another kind (a further licence).

         (6)   A further licence granted by the Board must cease to be in force on, or before, the day on which the first licence ceases to be in force.

322         Extinguishing agent handling licences — qualified persons

                The Fire Protection Industry (ODS & SGG) Board may, on application, grant to a person a licence mentioned in an item in column 2 of Table 322, entitling him or her to engage in the work described in column 3 of the item if it is satisfied that he or she has undertaken training that gives him or her the knowledge, ability and experience necessary to competently carry out the work covered by the licence.

Note 1   Regulation 313 also applies to an application.

Note 2   A person is entitled to apply for any number of licences.

Table 322      Licences and entitlements

Item

Licence

Entitlement of licensee

1

Portable Fire Extinguisher Maintenance Licence

To maintain a portable fire extinguisher, including to repair, pressure-test and recharge an extinguisher

2

Fixed System Installation and Decommissioning Licence

(1) To install a fixed fire fighting system, including:

   (a)  to install pipes, discharge nozzles and actuation mechanisms; and

   (b)  to charge a system after installation; and

   (c)  to install a system that has been charged and sealed by another person

(2) To decommission a system, including:

   (a)  to remove the charge of extinguishing agent; and

   (b)  to dismantle the system

3

Fixed System Maintenance Licence

To maintain a fixed fire fighting system, including:

   (a)  to pressure-test pipe work and test actuation systems; and

   (b)  to certify that the system contains an adequate charge

4

Recovery, Reclamation and Recycling Licence

In the field or in a workshop, to recover an extinguishing agent from a portable fire extinguisher or fire fighting system

5

Warehouse Maintenance Licence

To monitor stocks of extinguishing agents in a warehouse, and, as needed, to transfer an agent from a leaking storage vessel

6

Control Systems Installation Licence

To install a fire control system, including any remote operation panel and actuation system

323         Special extinguishing agent handling licence

                The Fire Protection Industry (ODS & SGG) Board may, on application, grant an extinguishing agent handling licence (called a special extinguishing agent handling licence) to a person, entitling him or her to carry out work:

                (a)    at a specified kind of place (for example, an off-shore drilling platform); or

               (b)    on specified fire protection equipment (for example, aviation or maritime equipment); or

                (c)                both at a specified kind of place and on specified equipment;

if:

               (d)    the work to be covered by the licence requires skills or knowledge (or both skills and knowledge) that are outside the scope of those required for a licence mentioned in Table 322; and

                (e)    the person provides evidence that he or she is able to carry out the work in a way that is appropriate for the grant of the licence.

324         Extinguishing agent handling licences — experienced persons

                The Board may grant an extinguishing agent handling licence to an applicant if:

                (a)    the application is made before 1 November 2005; and

               (b)    the Board is satisfied that the applicant is suitably qualified to hold a licence because he or she has engaged in, or supervised, work of the kind to be permitted by the licence.

325         Extinguishing agent trainee licence

                The Board may, on application, grant an extinguishing agent handling licence (called an extinguishing agent trainee licence) to a person, entitling the person to carry out activities authorised by a licence mentioned in an item in Table 322 while under the supervision of a holder of a licence of that kind.

326         Licence conditions

         (1)   A licence granted under this Subdivision is subject to the condition that the licensee:

                (a)    carries out the work to which the licence relates in accordance with any standard set out in an item in column 2 of Table 326 that relates to the work; and

               (b)    gives any extinguishing agent recovered from fire protection equipment to:

                          (i)    the holder of an extinguishing agent trading authorisation; or

                         (ii)    the operator of an approved extinguishing agent destruction facility; and

                (c)    ensures that any equipment used to transfer an extinguishing agent from one vessel to another:

                          (i)    is fit for its purpose; and

                         (ii)    is tested, and approved as being fit for the transfer of extinguishing agents, at least once every 2 years by a person accredited by the National Association of Testing Authorities, Australia; and

                         (iii)    is otherwise appropriately maintained; and

               (d)    submits a report to the Board describing the circumstances relating to any lawful emission of an extinguishing agent.

         (2)   The Fire Protection Industry (ODS & SGG) Board may impose a condition on a licence, and must set out the condition on:

                (a)    the licence document; or

               (b)    a written notice given by the Board to the licensee.

         (3)   The Board may impose a condition on a licence at any time.

         (4)   A licensee must not contravene a condition of his or her licence.


 

Table 326      Standards

Item

Standard

Title of standard

1

AS 1851.1-1995

Maintenance of fire protection equipment – Portable fire extinguishers and fire blankets

2

AS 1851.11-1991

Maintenance of fire protection equipment  Halon 1301 total flooding systems

3

AS 1851.12-1995

Maintenance of fire protection equipment – Gaseous fire extinguishing systems

4

AS 2030.1-1999

The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases – Cylinders for compressed gases other than acetylene

5

AS 1210-1997

Pressure vessels

6

AS 4214-2002

Gaseous fire extinguishing systems

7

AS 4077.1-1992

Fire protection – Fire extinguishing media – Halogenated hydrocarbons – Specifications for halon 1211 and halon 1301

8

AS 4077.2-1992

Fire protection – Fire extinguishing media – Halogenated hydrocarbons – Code of practice for safe handling and transfer procedures of halon 1211 and halon 1301

327         Transitional — holders of existing State or Territory authorisation

         (1)   The holder of an authorisation (however described) mentioned in column 1 of an item in Table 327 (an existing State or Territory authorisation) may apply to the Fire Protection Industry (ODS & SGG) Board for an extinguishing agent handling licence.

         (2)   The application must be in a form approved by the Board and include a description of the work that the applicant:

                (a)    because of his or her experience, training or both, is able to safely carry out; and

               (b)    regularly carries out as part of his or her duties.

         (3)   If the Board receives an application, the Board may ask the applicant for more information, and refuse to consider the application until the information is provided.

         (4)   To ascertain whether the applicant is qualified to hold a licence, the Board may, with the permission of the applicant, inspect the applicant’s business premises and any relevant work carried out by the applicant.

         (5)   If the Board is satisfied that the applicant is suitably qualified, it must grant, to the applicant, a licence that has effect until the earlier of the following:

                (a)    the day on which the existing State or Territory authorisation expires;

               (b)    1 January 2007.

Table 327      Kinds of existing authorisation

Item

Existing State or Territory authorisation

 

Australian Capital Territory

1

Environmental authorisation granted under section 46 of the Environment Protection Act 1997 of the Australian Capital Territory

 

New South Wales

2

Authorisation issued by:

   (a)  the New South Wales Office of Fair Trading; or

   (b)  the New South Wales Department of Environment and Conservation; or

   (c)  the Fire Protection Association of Australia;

under clause 17 of the Ozone Protection Regulation 1997 of New South Wales

 

Northern Territory

3

Registration in the Register of Qualified Persons under subregulation 22 (3) of the Ozone Protection Regulations of the Northern Territory

 

South Australia

4

Environmental authorisation issued by the Environment Protection Agency of South Australia under section 40 of the Environment Protection Act 1993 of South Australia

 

Tasmania

5

Individual authorisation to undertake a controlled activity issued under subsection 83 (1) of the Environmental Management and Pollution Control Act 1994 of Tasmania

 

Victoria

6

Ozone Accreditation issued by the Ozone Layer Protection Board under clause 16 (1) of the Industrial Waste Management Policy (Protection of the Ozone Layer) of Victoria

Note   The Policy is an Order made under section 16A (1) of the Environment Protection Act 1970 of Victoria

 

Western Australia

7

Accreditation issued by the Fire Protection Association of Australia, Western Australia under an approval given under clause 42 (1) of the Environmental Protection (Ozone Protection) Policy Approval Order 2000 of Western Australia

Note   The Order was made under section 31 (d) of the Environmental Protection Act 1986 of Western Australia

Subdivision 6A.4.4     Extinguishing agent trading authorisations

Note   Regulation numbers 328, 329 and 330 are intentionally not used.

331         Grant of authorisations

         (1)   The Fire Protection Industry (ODS & SGG) Board may, on application, grant an extinguishing agent trading authorisation to a person, permitting the person to acquire, store or dispose of an extinguishing agent (other than halon) that is for use, or has been used, in fire protection equipment.

Note   Regulation 313 also applies to an application.

         (2)   The application fee for an authorisation is       $300.

         (3)   The Board must not grant an authorisation unless it is satisfied that the applicant:

                (a)    has business premises that are equipped and operating so as to be able to handle, and prevent avoidable emissions of, any extinguishing agent; and

               (b)    is able to ensure that extinguishing agents are handled only by persons who are licensed to do so.

         (4)   However, the Board may grant an authorisation to a person if the person:

                (a)    applies before 1 November 2005; and

               (b)    during the 3 months immediately before applying for an authorisation, carried out work of a kind that is to be permitted by the authorisation.

         (5)   An authorisation is in force:

                (a)    from the day on which it is granted, or another day specified by the Board in writing; and

               (b)    for a period, of no more than 24 months, specified, in writing, by the Board.

332         Conditions on authorisations

         (1)   An extinguishing agent trading authorisation is granted subject to the conditions that the holder:

                (a)    keeps up-to-date records showing the amounts of extinguishing agent acquired, disposed of and recovered from equipment by the holder during each quarter; and

               (b)    14 days or less after receiving a request in writing by the Fire Protection Industry (ODS & SGG) Board, sends to the Board copies of the records mentioned in paragraph (a); and

                (c)    has equipment that is adequate for the holder’s activities, including 1 or more of each of the following:

                          (i)    unless the holder has leak detection procedures in place — leak detectors;

                         (ii)    vacuum pumps;

                         (iii)    recovery units; and

               (d)    maintains, so that it operates correctly, each item of the holder’s equipment that is necessary to prevent avoidable emissions of any extinguishing agent; and

                (e)    at least every quarter, checks any extinguishing agent container at the holder’s premises for leaks; and

                (f)    does not fill a container unless it meets AS/NZS 2030.1; and

                (g)    puts into effect for the premises a risk management plan that is approved, in writing, by the Board; and

                (h)    handles any extinguishing agent in accordance with each applicable standard mentioned in Table 326; and

                 (i)    delivers, to the operator of an approved extinguishing agent destruction facility, any extinguishing agent that is to be destroyed.

         (2)   A holder may satisfy a requirement of subregulation (1) by ensuring that another person satisfies the requirement on behalf of the holder.

         (3)   A risk management plan for paragraph (1) (g):

                (a)    must be prepared in accordance with AS 4360:2004; and

               (b)    must include information about how the following matters will be dealt with:

                          (i)    emissions from leaks in, or the failure of, storage vessels;

                         (ii)    damage by intruders;

                         (iii)    the transfer of extinguishing agents from a leaking storage vessel; and

                (c)    may be approved by the Board only if the Board thinks that the plan, if put into effect, would allow the premises to operate in a way that is consistent with Australia’s obligations under the Montreal Protocol.

         (4)   It is also a condition of a extinguishing agent trading authorisation that the holder accepts any surrendered extinguishing agent that has been used, or appears to be intended for use, in fire protection equipment.

         (5)   The Board may specify that an authorisation is subject to a condition, and must set out the condition on:

                (a)    the document that provides evidence of the authorisation; or

               (b)    a written notice given by the Board to the holder.

         (6)   For paragraph (5) (b), a notice may be given at any time.

333         Transitional — existing State or Territory authorisation

                The holder of an authorisation (however described) mentioned in an item in Table 333 (an existing State or Territory authorisation) is taken to hold an extinguishing agent trading authorisation until the earlier of the following:

                (a)    the day on which the State or Territory authorisation expires;

               (b)    1 November 2005.

Table 333      Extinguishing agent trading authorisations taken to be held by existing State or Territory authorisation holders

Item

Existing State or Territory authorisation

Any additional name of existing authorisation

 

Australian Capital Territory

1

Environmental authorisation granted under section 46 of the Environment Protection Act 1997 of the Australian Capital Territory

Trading authorisation

 

New South Wales

2

Authorisation issued under clause 17 of the Ozone Protection Regulation 1997 of New South Wales by:

   (a)  the Department of Environment and Conservation of New South Wales; or

   (b)  the Fire Protection Association of Australia; or

   (c)  the New South Wales Office of Fair Trading

Either:

   (a)  Authorisation to purchase Halon and HCFC; or

   (b)  Authorisation to sell Halon and HCFC

 

South Australia

3

Environmental authorisation issued by the Environment Protection Agency of South Australia under section 40 of the Environment Protection Act 1993 of South Australia

Nil

 

Tasmania

4

Authorisation to undertake a controlled activity issued under subsection 83 (1) of the Environmental Management and Pollution Control Act 1994 of Tasmania

Authorisation to Sell a Controlled Substance

 

Victoria

5

Ozone Accreditation issued by the Ozone Layer Protection Board (OLPB) under clause 16 (1) of the Industrial Waste Management Policy (Protection of the Ozone Layer) of Victoria

Note   The Policy is an Order made under section 16A (1) of the Environment Protection Act 1970 of Victoria

Nil

 

Western Australia

6

Accreditation issued by the Fire Protection Association of Australia, Western Australia under an approval given under clause 42 (1) of the Environmental Protection (Ozone Protection) Policy Approval Order 2000 of Western Australia

Note   The Order was made under section 31 (d) of the Environmental Protection Act 1986 of Western Australia

Nil

 

Subdivision 6A.4.5     Permit and exemption

Note   Regulation numbers 334 to 340 (inclusive) are intentionally not used.

341         Halon special permit

         (1)   The Fire Protection Industry (ODS & SGG) Board may, on application, grant a written permit (a halon special permit) to a person, entitling him or her to possess halon that is for use in fire protection equipment.

Note   Regulation 313 also applies to an application.

         (2)   The application fee for a halon special permit is $200.

         (3)   The Board may grant a halon special permit to a person only if it is satisfied that:

                (a)    the applicant, because of his or her training and experience, is able to competently carry out the activities covered by the permit; and

               (b)    the applicant’s use of the halon is for a purpose that is necessary to protect human life or operate equipment that is critical to the community; and

                (c)    there is no alternative to the halon’s use that is:

                          (i)    practicable; and

                         (ii)    available at a reasonable cost; and

                         (iii)    safe; and

                        (iv)    likely to result in less damage to the environment.

         (4)   A permit granted under this regulation remains in force for 12 months, or any lesser period specified in the permit, from the date of the grant.

342         Special circumstances exemption

         (1)   The Fire Protection Industry (ODS & SGG) Board may grant a written exemption (a special circumstances exemption) to a person, entitling the person to the privileges of the holder of:

                (a)    an extinguishing agent handling licence; or

               (b)    an extinguishing agent trading authorisation; or

                (c)    a halon special permit;

as specified in the exemption.

         (2)   The Board may accept an application from a person who applies, in writing, to the Board, setting out:

                (a)    the name and address of the person; and

               (b)    the activities to be carried out by the person, for which the exemption is being sought; and

                (c)    any other information relevant to the Board’s decision whether or not to grant the exemption.

         (3)   The Board:

                (a)    may grant the exemption only if it is satisfied that there are special circumstances that justify the grant, and:

                          (i)    if the applicant is an individual — he or she is able to competently carry out the activities covered by the exemption; or

                         (ii)    if the applicant is an organisation — the organisation has suitably qualified employees and suitable equipment to carry out the activities covered by the exemption; and

               (b)    must on the exemption, specify:

                          (i)    the period for which the exemption is in force; and

                         (ii)    the activities that may be carried out under the exemption; and

                         (iii)    any other information that is relevant to the exemption.

Note   Regulation numbers 343 to 899 (inclusive) are intentionally not used.

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.