Schedule 1 Amendments commencing on registration
(regulation 3)
[1] Table 131, item 4, column 4
omit
MEM 201
insert
MEM 20198
[2] Subregulation 304 (4), except the note
substitute
(4) This subregulation applies to:
(a) equipment that is used by the Defence Force in:
(i) a Collins Class submarine; or
(ii) an armoured fighting vehicle; or
(b) equipment (other than a portable fire extinguisher) that is used by the Defence Force in:
(i) an FFG7 Class destroyer; or
(ii) an ANZAC Class frigate; or
(c) equipment that is installed in, or carried in, an aircraft; or
(d) equipment that 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.
Schedule 2 Amendments commencing on 1 January 2006
(regulation 3)
[1] Regulation 200, definition of exempt person
substitute
exempt person, for a year, means a person who is shown as an exempt person on the Non-QPS Exemption List for the year.
[2] Regulation 200, definition of nominated supplier, paragraph (a)
substitute
(a) in relation to an exempt person for a year — a person that is shown as a nominated supplier for the exempt person on the Non-QPS Exemption List for the year; and
[3] Regulation 200, definition of Non-QPS Exemption List, including the note
substitute
Non-QPS Exemption List means:
(a) for the year 2005 — the document called Exemption List for Non-QPS Applications of Methyl Bromide, published by the Department, as in force on 1 May 2005; and
(b) for the year 2006 — the document called Exemption List for Non-QPS Applications of Methyl Bromide in 2006, published by the Department, as in force on 1 January 2006.
Note The Non-QPS Exemption Lists can be viewed on the Internet at www.deh.gov.au/atmosphere/ozone/publications/exemption-list.html.
[4] Regulation 211
substitute
211 Meaning of allocated amount
The amount of methyl bromide set out in a Non-QPS Exemption List for an exempt person and the person’s nominated supplier (or 1 of the person’s nominated suppliers) is the person’s allocated amount for that supplier for the year to which the Non-QPS Exemption List relates.
[5] Subregulation 212 (1), except the penalty
substitute
(1) A person who uses methyl bromide for a non-QPS application during a year is guilty of an offence if the person is not:
(a) an exempt person for the year; or
(b) acting on behalf of an exempt person for the year.
[6] Regulation 213
substitute
213 Offence — supplying methyl bromide for non-QPS applications
(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 during a year; and
(b) the buyer states, in a declaration for paragraph 220 (1) (e), that the methyl bromide is for a non-QPS application; and
(c) subregulations (2), (3) and (4) are not satisfied in relation to the sale.
Penalty: 10 penalty units.
(2) The buyer must be:
(a) an exempt person, or acting on behalf of an exempt person, for the year; or
(b) a nominated supplier for an exempt person for the year.
(3) If the buyer is, or is acting on behalf of, an exempt person for the year:
(a) the supplier must be a nominated supplier for the exempt person; and
(b) the supplier must ensure that the total amount of methyl bromide sold during the year by the supplier to the exempt person for non-QPS applications is equal to, or less than, the exempt person’s allocated amount for the supplier for the year.
(4) If the buyer is a nominated supplier for an exempt person for the year:
(a) the supplier must be an intermediate supplier for the buyer for the year; and
(b) the supplier must ensure that the total amount of methyl bromide sold during the year by the supplier to the buyer for non-QPS applications is equal to, or less than, the allocated amounts that the buyer is entitled to supply to exempt persons for non-QPS applications for the year.
(5) To avoid doubt, if a buyer is an exempt person for a year and also a nominated supplier for an exempt person for the year, the amount of methyl bromide that the supplier may sell to the buyer during the year for non-QPS applications is the sum of the total amounts mentioned in subregulations (3) and (4).
(6) 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 non-QPS applications 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.
intermediate supplier, in relation to a buyer for a year, means a person who is shown as an intermediate supplier for the buyer on the Non-QPS Intermediate Supplier List for the year.
Non-QPS Intermediate Supplier List means:
(a) for the year 2005 — the document called Intermediate Supplier List for Non-QPS Applications of Methyl Bromide, published by the Department, as in force on 1 January 2005; and
(b) for the year 2006 — the document called Intermediate Supplier List for Non-QPS Applications of Methyl Bromide in 2006, published by the Department, as in force on 1 January 2006.
Note The Non-QPS Intermediate Supplier Lists can be viewed on the Internet at www.deh.gov.au/atmosphere/ozone/publications/supplier-list.html.
(7) An offence against subregulation (1) is an offence of strict liability.
[7] Subregulation 231 (1)
omit
An exempt person must, within 14 days after the end of a report period,
insert
An exempt person for a year must, within 14 days after the end of a report period in the year,