Federal Register of Legislation - Australian Government

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SLI 2011 No. 64 Regulations as made
These Regulations amend the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 to exempt certain types of refrigeration and air conditioning equipment from restrictions under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 on the importation and manufacture of refrigeration and air conditioning equipment containing hydrochlorofluorocarbons.
Administered by: Sustainability, Environment, Water, Population and Communities
Registered 16 May 2011
Tabling HistoryDate
Tabled HR23-May-2011
Tabled Senate15-Jun-2011
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Coat of Arms

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No.64

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government 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 12 May 2011

MARIE BASHIR

Administrator

By Her Excellency’s Command

DON FARRELL


1              Name of Regulations

                These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2011 (No. 1).

2              Commencement

                These Regulations commence on the commencement of Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Act 2010.

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]           Part 5, note 2

omit

79

insert

69

[2]           Part 5, before regulation 80

insert

70            Exemption for refrigeration and air conditioning equipment

         (1)   This regulation applies until the end of 30 June 2015.

         (2)   For paragraph 10 (1) (a) of Schedule 4 to the Act, the following kinds of equipment are specified:

                (a)    HCFC pre-charged refrigeration equipment;

               (b)    HCFC pre-charged air conditioning equipment imported by the holder of a pre-charged equipment licence who has been granted a partial fee waiver for a one-off low volume import;

                (c)    chillers charged with HCFC-123;

               (d)    replacement parts for existing HCFC air conditioning equipment;

                (e)    components for  existing high static ducted split system air conditioners;

                (f)    equipment insulated with foam manufactured with HCFC;

               (g)    equipment for which the Minister considers it is impracticable:

                          (i)    for the importer or licence holder for the equipment to comply with the ban; and

                         (ii)    to remove or retrofit the equipment because it is incidental to the main import.

Example for subparagraph (g) (ii)

Air conditioning equipment incorporated into a large boat or drilling rig.

         (3)   The Minister may delegate his or her powers under this regulation to an SES employee or acting SES employee in the Department.

         (4)   In exercising powers under a delegation, the delegate must comply with any directions of the Minister.

         (5)   In this regulation:

replacement part does not include a complete, or substantially complete, indoor or outdoor unit of a split system air conditioning unit.


Note

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