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SLI 2007 No. 217 Regulations as made
These Regulations amend the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 to make minor administrative amendments to the existing arrangements for licence fee waivers and the operation of refrigeration and air conditioning, methyl bromide and fire protection regulations.
Administered by: DEW
General Comments: The disallowance notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Registered 23 Jul 2007
Tabling HistoryDate
Tabled HR07-Aug-2007
Tabled Senate07-Aug-2007
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
20-Sep-2007
Expiry Date:
17-Jun-2008
House:
Senate
Details:
Partial
Resolution:
Parliament Prorogued
Resolution Date:
20-Sep-2007
Resolution Time:
Provisions:
r 400 made under item 41 of Sch 1
Motion Date:
20-Sep-2007
Expiry Date:
17-Jun-2008
House:
Senate
Details:
Full
Resolution:
Parliament Prorogued
Resolution Date:
20-Sep-2007
Resolution Time:
Provisions:

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 217

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 19 July 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

MALCOLM BLIGH TURNBULL


1              Name of Regulations

                These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

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]           Subregulation 3C (2)

substitute

         (2)   The Minister may waive the application fee for a controlled substances licence or a used substances licence if:

                (a)    the purpose of the licence is to allow the manufacture, import or export of less than half a tonne of scheduled substances; and

               (b)    the Minister is satisfied that the manufacture, import or export is for test purposes.

         (3)   The Minister may waive the application fee for an essential uses licence if the Minister is satisfied that the manufacture, import or export of the scheduled substance to which the licence relates is for test purposes.

         (4)   The Minister may waive the application fee for a controlled substances licence, a used substances licence or an essential uses licence if the Minister is satisfied that:

                (a)    the scheduled substance to which the licence relates will be imported or exported for the purpose of the disposal of the substance; and

               (b)    the disposal will be carried out by a technology approved by the parties to the Montreal Protocol.

[2]           Regulation 4

substitute

4              Publication of information about licences (Act s 22)

         (1)   For section 22 of the Act, the Secretary may publish on the Department’s website details of licences granted and licences cancelled.

         (2)   The details that may be published about 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.

         (3)   The Secretary must ensure that the published details are updated as soon as practicable after any change and, in any event, at least every 6 months.

[3]           Regulation 6A

omit

subregulation 3 (2).

insert

subregulation 3C (2), (3) or (4).

[4]           Regulation 80

substitute

80            Application fee for exemption (Act s 40)

         (1)   For paragraph 40 (2) (b) of the Act, the fee is $3 000.

         (2)   The Minister may waive the fee if the Minister is satisfied that the exemption is to enable the import of a product for its disposal.

         (3)   Subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister to refuse to waive the fee under subregulation (2).

[5]           Regulation 101

substitute

101         Definitions for Part 6A

                In Part 6A:

National Quality Council has the same meaning as in the Skilling Australia’s Workforce Act 2005.

NQC‑endorsed qualification means a qualification that is endorsed by the National Quality Council.

[6]           Regulation 110, definition of Australian National Training Authority

substitute

domestic refrigeration or air conditioning equipment means refrigeration or air conditioning equipment that:

                (a)    is designed primarily for household use; and

               (b)    is designed not to be permanently connected to the power supply of the premises where it is installed; and

                (c)    does not require the installation of pipework to enable the movement of refrigerant.

Note   This definition does not cover split system air conditioners.

[7]           Regulation 110, definition of Registered Training Organisation

substitute

registered training organisation has the same meaning as in the Skilling Australia’s Workforce Act 2005.

[8]           After subregulation 111 (2)

insert

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

[9]           Regulation 121

substitute

121         Applications for RAC industry permits — general

         (1)   An application for an RAC industry permit must:

                (a)    be made to an appropriate relevant authority under regulation 121A; and

               (b)    be in a form approved by the Minister; and

                (c)    be accompanied by the fee prescribed for the particular kind of permit; and

               (d)    include the information needed by the authority 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

Note   Relevant standards are set out in Table 135.

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

         (2)   If an applicant has not:

                (a)    provided all the information mentioned in paragraph (1) (d); or

               (b)    given any consent that has been requested for the disclosure to the relevant authority or the Minister of personal information that is relevant to whether the applicant is a fit and proper person to hold the permit;

the relevant authority:

                (c)    may ask the applicant for the information or consent; and

               (d)    need not consider the application until the applicant provides the information or gives the consent.

         (3)   If the relevant authority has not made a decision about an application within 30 days after:

                (a)    if paragraph (b) does not apply — the application was made; or

               (b)    if the authority has asked the applicant for any information or consent — the information or consent was provided;

the authority is taken to have refused the application.

121A       Appropriate relevant authority for applications for RAC industry permits

         (1)   This regulation sets out the appropriate relevant authority to which to make an application for an RAC industry permit.

         (2)   If the Minister has appointed 1 or more RAC Industry Boards to exercise his or her RAC industry powers and functions in relation to the whole refrigeration and air conditioning industry, the appropriate relevant authority is:

                (a)    if 1 Board has been appointed — that Board; or

               (b)    if more than 1 Board has been appointed — any of those Boards.

         (3)   If the Minister has appointed 1 or more RAC Industry Boards to exercise his or her RAC industry powers and functions in relation to a sector of the refrigeration and air conditioning industry, the appropriate relevant authority is:

                (a)    if 1 Board grants the kind of permit sought by the applicant — that Board; or

               (b)    if more than 1 Board grants that kind of permit — any of those Boards; or

                (c)    if no Board grants that kind of permit — the Minister.

[10]         Regulation 122, heading

substitute

122         Decision whether applicant or permit holder is a fit and proper person

[11]         Subregulation 131 (2)

substitute

         (2)   A relevant authority may grant a licence to an applicant only if the authority is satisfied that the applicant holds:

                (a)    a qualification mentioned in column 4 of an item in Table 131 that corresponds to the licence mentioned in column 2 of the item (a relevant qualification); or

               (b)    a certificate (however described) granted by a registered training organisation, certifying that:

                          (i)    the organisation recognises that the applicant’s prior learning is equivalent to a relevant qualification; or

                         (ii)    the applicant has demonstrated to the organisation that his or her current competencies are equivalent to a relevant qualification.

[12]         Table 131, column 4, heading

substitute

 

 

 

NQC‑endorsed qualification

[13]         Table 131, item 1, column 4

substitute

 

 

 

Any of the following:

   (a)  MEM 30298 Certificate III in Engineering (Mechanical Refrigeration and Air Conditioning);

   (b)  MEM 30205 Certificate III in Engineering Mechanical Trade (Refrigeration and Air Conditioning);

   (c)  UTE 30999 Certificate III in Electrotechnology Refrigeration and Air Conditioning;

   (d)  UEE 31306 Certificate III in Refrigeration and Air Conditioning

[14]         Table 131, item 2, column 4

substitute

 

 

 

Either:

   (a)  AUR 20799 Certificate II in Automotive (Mechanical Air Conditioning); or

   (b)  AUR 20705 Certificate II in Automotive Mechanical (Air Conditioning)

[15]         Table 131, item 3, column 4

substitute

 

 

 

Any of the following:

   (a)  MEM 20198 Certificate II in Engineering Production (Air Conditioning);

   (b)  40488SA Certificate II in Split Systems Air Conditioning;

   (c)  UEE 20106 Certificate II in Air Conditioning Split Systems

[16]         Table 131, item 4, column 4

substitute

 

 

 

Any of the following:

   (a)  MEM 20198 Certificate II in Engineering Production (Domestic);

   (b)  UTE 20599 Certificate II in Electrotechnology Servicing (Appliances – Refrigeration);

   (c)  UTE 20504 Certificate II in Electrotechnology Servicing (Appliances — Refrigeration);

   (d)  UEE 21806 Certificate II in Appliance Servicing – Refrigerants;

   (e)  UEE 30506 Certificate III in Appliance Servicing

[17]         Regulation 134

substitute

134         Refrigeration and air conditioning trainee licence

         (1)   A relevant authority may, on application, grant a refrigerant handling licence (called a refrigeration and air conditioning trainee licence) to:

                (a)    a person who is undertaking a course leading to a NQC‑endorsed qualification mentioned in column 4 of an item in Table 131; or

               (b)    a person who is recognised by the relevant authority as seeking assessment that, if successful, would lead to the granting of a certificate mentioned in regulation 131 (2) (b); or

                (c)    a person who is recognised by the relevant authority as undertaking training or seeking assessment that, if successful, would lead to the granting of a licence under subregulation 131 (3); or

               (d)    a person who is undertaking training or assessment that the relevant authority is satisfied is designed to qualify the person for a licence under regulation 133.

         (2)   A licensee is entitled to handle refrigerant while undertaking the training or assessment for which the licence was granted while under the supervision of the holder of a licence that entitles the holder to engage in the work for which the licensee is being trained or assessed.

[18]         Paragraph 135 (1) (b)

substitute

               (b)    uses only refillable containers for the storage of refrigerant; and

                (c)    gives any refrigerant recovered from RAC equipment to:

                          (i)    except for recovered halon — the holder of a refrigerant trading authorisation; or

                         (ii)    the operator of a refrigerant destruction facility.

[19]         Paragraph 140 (3) (c)

after

regulation

insert

131 or

[20]         Subregulation 141 (1)

omit everything before paragraph (a), insert

         (1)   Subject to subregulations (1A) and (1B), a refrigerant trading authorisation or RAC equipment manufacturing authorisation is subject to the conditions that the holder:

[21]         Paragraphs 141 (1) (e) to (h)

substitute

                (e)    at least every quarter, checks any refrigerant container in the holder’s possession for leaks; and

                (f)    puts into effect a risk management plan relating to the handling and storage of refrigerant in the holder’s business; and

                (g)    ensures that any refrigerant in the holder’s possession is handled in accordance with each applicable standard set out in Table 135; and

                (h)    for an RAC equipment manufacturing authorisation — ensures that any refrigerant in its possession is handled only:

                          (i)    by the holder of an appropriate licence granted under regulation 131, 133 or 134; or

                         (ii)    under the supervision of the holder of an appropriate licence granted under regulation 131 or 133; and

                 (i)    for a refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by the holder of an appropriate licence granted under regulation 131, 133 or 134; and

Note   Holders of a licence under regulation 134 must themselves be supervised: see regulation 134.

                (j)    ensures that destruction of any refrigerant is carried out only by the operator of a refrigerant destruction facility; and

               (k)    uses only refillable containers for storage of refrigerant.

[22]         After subregulation 141 (1)

insert

      (1A)   The relevant authority may, on application, determine that a condition mentioned in subregulation (1) does not apply to the authorisation.

      (1B)   A determination has effect according to its terms.

[23]         After Subdivision 6A.3.2

insert

Subdivision 6A.3.2A  Discharge of methyl bromide

216         Discharge of methyl bromide (Act s 45B)

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

                (a)    the discharge occurs while it is being used for a QPS application; or

               (b)    the discharge occurs:

                          (i)    during a year for which the person has an allocated amount of methyl bromide; and

                         (ii)    while the allocated amount for the year is being used for a non‑QPS application by the person or a person acting on behalf of the person; or

                (c)    the methyl bromide was imported before 1 January 2005 for a non‑QPS application; or

               (d)    the person is the holder of a feedstock permit.

[24]         Subdivision 6A.3.3, note

omit

216

insert

217

[25]         After subregulation 220 (3)

insert

         (4)   The supplier must give the Minister a copy of a record retained under subregulation (2) within 14 days after receiving a request in writing from the Minister for a copy of the record.

Penalty:   10 penalty units.

[26]         After subregulation 221 (4)

insert

         (5)   The person must give the Minister a copy of a record retained under subregulation (2) within 14 days after receiving a request in writing from the Minister for a copy of the record.

Penalty:   10 penalty units.

[27]         After subregulation 222 (3)

insert

         (4)   The person must give the Minister a copy of a record retained under subregulation (2) within 14 days after receiving a request in writing from the Minister for a copy of the record.

Penalty:   10 penalty units.

[28]         After subregulation 223 (3)

substitute

         (4)   The person must give the Minister a copy of a record retained under subregulation (2) within 14 days after receiving a request in writing from the Minister for a copy of the record.

Penalty:   10 penalty units.

[29]         After subregulation 302 (2)

insert

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

[30]         Regulation 313

substitute

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)    be accompanied by the fee prescribed for the particular kind of permit; 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

Note   Relevant standards are set out in Table 326.

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

         (2)   If an applicant has not:

                (a)    provided all the information mentioned in paragraph (1) (c); or

               (b)    given any consent that has been requested for the disclosure to the Board or the Minister of personal information that is relevant to whether the applicant is a fit and proper person to hold the permit;

the Board:

                (c)    may ask the applicant for the information or consent; and

               (d)    need not consider the application until the applicant provides the information or gives the consent.

         (3)   If the Board has not made a decision about an application within 30 days after:

                (a)    if paragraph (b) does not apply — the application was made; or

               (b)    if the Board has asked the applicant for any missing information or consent — the information or consent was provided;

the Board is taken to have refused the application.

[31]         Regulation 322, including the notes and table 322

substitute

322         Extinguishing agent handling licences — qualified persons

         (1)   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 achieved all of the units of competency mentioned in column 4 of the item.

Note 1   Regulation 313 also applies to an application.

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

         (2)   For this regulation, a unit of competency is a unit of competency endorsed by the National Quality Council.

Table 322      Licences and entitlements

 

Item

Licence

Entitlement of licensee

Units of competency required

1

Portable Fire Extinguisher Maintenance Licence

To charge and recharge a portable fire extinguisher, and repair the extinguisher valve

PRMPFES03C Safely move materials and loads in the workplace

PRMPFES06C Prepare for installation and service operations

PRMPFES14C Service portable fire extinguishers in the workshop

PRMPFES21C Service wheeled fire extinguishers in the workshop

PRMPFES43A Prevent ozone depleting substance and synthetic greenhouse gas emissions

PRMPFES53A Participate in workplace safety arrangements

2

Fixed System Installation and Decommissioning Licence

(1)  To install and decommission a gaseous fire extinguishing system (fire protection equipment) including:

    (a)   to install and disconnect actuation devices (mechanisms) to and from container valves; and

PRMPFES03C Safely move materials and loads in the workplace

PRMPFES06C Prepare for installation and service operations

PRMPFES43A Prevent ozone depleting substance and synthetic greenhouse gas emissions

 

 

    (b)   to install and disconnect gaseous agent containers; and

    (c)   to install and disconnect any interconnections to other gaseous system containers; and

    (d)   to install and disconnect ancillary equipment connections to manifold and pipework; and

    (e)   to attach and remove transport equipment, such as valve outlet and actuator port caps, plugs and locking devices installed to prevent accidental discharge

PRMPFES44A Interpret installation requirements for gaseous fire suppression systems

PRMPFES45A Install gaseous agent containers and actuation devices

PRMPFES46A Decommission gaseous agent containers and actuation devices

PRMPFES53A Participate in workplace safety arrangements

 

 

(2)  Commission actuation control devices set to operate and engage safety devices as needed and decommission these devices

 

3

Fixed System Testing and Maintenance Licence

To test and maintain a gaseous fire extinguishing system (fire protection equipment), including:

    (a)   to test actuation release systems; and

    (b)   to disconnect and reconnect actuation devices (mechanisms); and

    (c)   to disconnect and reconnect any interconnections to other gaseous systems containers; and

    (d)   to disconnect and reconnect ancillary equipment connections from containers to manifold and pipework; and

    (e)   to test actuation devices (mechanisms); and

PRMPFES03C Safely move materials and loads in the workplace

PRMPFES06C Prepare for installation and service operations

PRMPFES25C Inspect, test and maintain gaseous fire suppression systems

PRMPFES43A Prevent ozone depleting substance and synthetic greenhouse gas emissions

PRMPFES46A Decommission gaseous agent containers and actuation devices

PRMPFES47A Inspect and test control and indicating equipment

PRMPFES53A Participate in workplace safety arrangements

 

 

     (f)   to perform any tests and maintenance on any Fire Detection and Alarm System, including any remote operation panel and actuation and control system that interfaces with or forms part of a gaseous fire extinguishing system; and

 

 

 

    (g)   to perform any tests and maintenance on gaseous agent containers and ancillary equipment connections from containers to manifold and pipework

Note   This licence does not entitle the licensee to perform in‑situ liquid level testing that does not involve any of the actions in paragraphs (a) to (f)

 

4

Recovery, Reclamation, Fill and Recycling Licence

To recover, reclaim, fill and recycle an extinguishing agent into and from a fire extinguisher and gaseous fire extinguishing system container from and to a bulk agent container

PRMPFES03C Safely move materials and loads in the workplace

PRMPFES14C Service portable fire extinguishers in the workshop

PRMPFES43A Prevent ozone depleting substance and synthetic greenhouse gas emissions

PRMPFES48A Receive and dispatch ozone depleting substance and synthetic greenhouse gas containers

 

 

 

PRMPFES49A Recover, reclaim and fill operations for ozone depleting substances and synthetic greenhouse gases

PRMPFES53A Participate in workplace safety arrangements

5

Warehouse Maintenance Licence

To monitor for leakage stocks of extinguishing agent bulk agent containers in a warehouse and, as needed, to transfer the extinguishing agent from a leaking storage container

PRMPFES03C Safely move materials and loads in the workplace

PRMPFES43A Prevent ozone depleting substance and synthetic greenhouse gas emissions

PRMPFES48A Receive and dispatch ozone depleting substance and synthetic greenhouse containers

PRMPFES49A Recover, reclaim and fill operations for ozone depleting substances and synthetic greenhouse gases

PRMPFES50A Monitor storage operations for ozone depleting substances and synthetic greenhouse gases

PRMPFES53A Participate in workplace safety arrangements

6

Control Systems Installation, Commissioning and Decommissioning Licence

To install, commission and decommission a fire detection and alarm system, including any remote operation panel and actuation and control system that interfaces with or forms part of a gaseous fire extinguishing system

PRMPFES43A Prevent ozone depleting substance and synthetic greenhouse gas emissions

UEENEEH061A Position and terminate fire detection and warning system apparatus

UEENEEH062A Verify compliance and functionality of fire protection installations

UEENEEH063A Enter and verify programs in preparation for commissioning fire protection systems

UEENEEH064A Commission commercial fire protection systems

UEENEEH065A Find and repair faults in fire protection systems

Note   A unit of competency is referred to by a code followed by a description of the unit.

[32]         Regulation 324

substitute

324         Extinguishing agent handling licences — experienced persons

                The Board may, on application, grant an extinguishing agent handling licence to a person if the Board is satisfied that the person 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.

[33]         Paragraph 326 (1) (d)

omit

agent.

insert

agent; and

[34]         After paragraph 326 (1) (d)

insert

                (e)    does not carry out any work to which the licence relates (other than decommissioning or disposal or work in the aviation or maritime industries) on fire protection equipment that does not comply with any standard mentioned in Table 326 that applies to the equipment.

[35]         Table 326, items 1 to 3, column 2

substitute

AS 1851‑2005

[36]         Table 326, after item 8

insert

9

ISO 14520

Gaseous fire extinguishing systems – Physical properties and system design

[37]         Subregulation 331 (1)

omit

(other than halon)

[38]         After subregulation 331 (1), including the note

insert

      (1A)   However, an authorisation does not permit a person to acquire, store or dispose of halon.

Note   For a permit to posses halon: see regulation 341.

[39]         After subregulation 342 (1)

insert

      (1A)   The application fee for a special circumstances exemption is $200.

[40]         Regulation 342, note

omit

899

insert

399

[41]         After Division 6A.4

insert

Division 6A.5        Uses of scheduled substances not otherwise mentioned in this Part

400         Discharge of scheduled substances (Act s 45B)

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

                (a)    the substance is being manufactured or mixed; or

               (b)    the substance is being used for foam blowing or is contained in a foam structure that is being machined, cut, shredded or disposed of; or

                (c)    an aerosol containing the substance is being used; or

               (d)    a solvent containing the substance is being used; or

                (e)    the substance is being used for research or analysis conducted in a laboratory; or

                (f)    a device containing the substance is being used to remove a cork from a bottle.

Note   Regulation numbers 401 to 499 (inclusive) are intentionally not used.

Division 6A.6        Scheduled substances (other than methyl bromide) used as feedstock

500         Discharge of scheduled substances (other than methyl bromide) used as feedstock (Act s 45B)

                For paragraph 45B (1) (e) of the Act, a person may discharge a scheduled substance (other than methyl bromide) if the substance is being used as feedstock.

Note 1   Regulation numbers 501 to 899 (inclusive) are intentionally not used.

Note 2   Discharge of methyl bromide is dealt with by regulation 216.


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.