Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

Part 1—Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

1 Name of regulations

These regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

2 Definition

In these Regulations:

Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

base period for an HFC quota allocation period has the meaning given by regulation 46.

covers: an SGG licence covers a period if the licence is in force for the whole of the period.

Note: For when a licence is in force, see section 19 of the Act.

first HFC quota allocation period means the HFC quota allocation period mentioned in subregulation 41(2).

Note: The first HFC quota allocation period starts on 1 January 2018.

grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.

grandfathered quota means an amount to which a person is entitled under regulation 48, 49 or 50 (as affected by Subdivision 4A.3.5).

HFC quota allocation period has the meaning given by regulation 41.

licensed regulated HCFC activity means a regulated HCFC activity engaged in under a controlled substances licence.

licensed regulated HFC activity means a regulated HFC activity engaged in under an SGG licence.

maximum grandfathered quota has the meaning given by subregulation 58(4).

medical device has the meaning given by the Therapeutic Goods Act 1989.

medicine has the meaning given by the Therapeutic Goods Act 1989.

non‑grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.

non‑grandfathered quota means an amount to which a person is entitled under regulation 51.

quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.

scheduled kind of a scheduled substance has the meaning given by subregulation 900(4).

second HFC quota allocation period means the HFC quota allocation period starting on 1 January 2020.

veterinary device means an instrument, apparatus, material or other article (whether used alone or in combination, and including the software necessary for its proper application) that:

(a) is used for animals:

(i) to diagnose, prevent, monitor, treat or alleviate a disease, condition or infestation of the animal by a pest; or

(ii) to test susceptibility to a disease; or

(iii) to diagnose, monitor, treat, alleviate or compensate for an injury or disability; or

(iv) to investigate, replace or modify the anatomy or a physiological process; or

(v) to control conception; or

(vi) to test for pregnancy; and

(b) does not achieve its principal intended action in or on the animal by pharmacological, immunological or metabolic means, but that may be assisted in its function by those means.

veterinary medicine means a veterinary chemical product as defined in the Agricultural and Veterinary Chemicals Code Act 1994.

Part 2—Terms used in the Act

2AA Heel allowance percentage

For the definition of heel allowance percentage in section 7 of the Act, 5% is prescribed for each substance referred to in Schedule 1 to the Act.

2A SGG equipment

For paragraph 8D(1)(c) of the Act, the definition of SGG equipment does not include:

(a) imported foam equipment (other than expanding polyurethane foam aerosols); or

(b) foam equipment (other than expanding polyurethane foam aerosols) included in other imported equipment; or

(d) a veterinary device or veterinary medicine.

2B Bulk scheduled substances and equipment

For the purposes of subsection 9(6) of the Act, an HCFC or HFC that is in a polyol blend:

(a) is taken to be a bulk scheduled substance; and

(b) is taken not to be contained in equipment; and

Part 3—Licences

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

3 Circumstances and conditions for unlicensed manufacture, import or export

(1) For the purposes of subsection 13(3) of the Act, the following circumstances are prescribed:

(a) in the case of the manufacture or import of an SGG by a person:

(i) that a permit for the manufacture or import of the quantity and kind of the SGG has been granted to the person under regulation 3A; or

(ii) that the whole amount of the SGG is used in a medical device, medicine, veterinary device or veterinary medicine, and the SGG is not an HFC; or

(iii) that the manufacture or import of the quantity and kind of the SGG is allowed under regulation 3AA;

(b) in the case of the manufacture of an SGG—that the manufacture consists of the formation of the SGG as a by‑product of the manufacture of aluminium.

Note 1: Subsection 13(3) of the Act applies to bulk SGGs: see subsection 9(1) of the Act.

Note 2: Medical devices, medicine, veterinary devices and veterinary medicines are not SGG equipment (see regulation 2A) and so are not covered by the Act’s restrictions on importing SGG equipment.

(2) For the purposes of paragraph 13(5)(b) of the Act, the following equipment is prescribed:

(a) any air‑conditioning equipment contained in a motor vehicle, watercraft or aircraft;

(b) any other air‑conditioning equipment;

(d) any medical equipment;

(e) a part or component that contains an SGG or a substance referred to in any of Parts I to VIII of Schedule 1 to the Act (other than a separately imported motor vehicle part);

(f) any personal, household or food equipment;

(g) any refrigeration equipment;

(h) any safety equipment.

(3) For the purposes of paragraph 13(5)(c) of the Act, the following conditions are prescribed:

(a) that the person comply with any notice from the Secretary requesting evidence that:

(i) the equipment has been owned for more than 12 months wholly or principally for private or domestic use before importation; and

(ii) the equipment is imported wholly or principally for private or domestic use;

(b) that the person comply within 30 days of receiving the notice.

(4) However, the evidence in subparagraph (3)(a)(i) is not prescribed for equipment mentioned in paragraph (2)(d).

Low‑volume thresholds

(5) For the purposes of paragraph 13(6)(a) of the Act, 10 kilograms is prescribed.

(6) For the purposes of paragraph 13(6)(b) of the Act, 25 kilograms is prescribed in relation to each of the following SGGs:

(a) HFC;

(aa) nitrogen trifluoride;

(b) PFC;

(7) For the purposes of paragraph 13(6)(c) of the Act, it is a condition, in relation to an importation of SGG equipment by a person at a time in a calendar year, that the total amount of SGG contained in:

(a) SGG equipment in the importation; and

(b) any other SGG equipment the person imported during the calendar year at or before that time;

is not greater than 25 kg.

(8) For the purposes of paragraph 13(6)(c) of the Act, the following conditions are prescribed in relation to an importation of ODS equipment by a person:

(a) there are no more than 5 units of ODS equipment in the importation;

(b) the importation is the first importation of ODS equipment by the person in the 2 years ending on the day the importation occurs.

3A Permit for use of SGG in production or casting of magnesium

(1) The Minister may grant a permit for a specified quantity of a specified SGG to be manufactured or imported for use in the production or casting of magnesium if the person proposing to manufacture or import it produces:

(a) if the SGG will be supplied to another person—a purchase order or similar document from the person to whom the SGG will be supplied; and

(b) a statement from the person intending to use the SGG that it will be used in the production or casting of magnesium.

Note: See the Criminal Code, section 136.1, in relation to the making of false statements in applications for a licence, authority or benefit.

(2) The permit must specify the period for which it remains valid.

(3) The Minister may revoke the permit if:

(a) because of an event occurring before the SGG is manufactured or imported, the SGG is not able to be used for the purpose for which the permit was granted; or

(b) there is reason to believe that a quantity of the SGG has been diverted to another purpose.

3AA Manufacturing process that converts SGG

(1) The Minister may, by a written notice (an SGG notice) given to a person, allow the person to import or manufacture a quantity and kind of SGG, without the person holding a controlled substance licence, if the Minister is satisfied:

(a) the SGG is to be used in the manufacture of equipment; and

(b) the SGG will be, or is likely to be, destroyed:

(i) during the manufacturing process; or

(ii) immediately after the manufacturing process.

(2) In deciding whether the Minister is satisfied, the Minister must have regard to:

(a) Australia’s obligations under:

(ia) the Montreal Protocol; and

(i) the Framework Convention on Climate Change; and

(ii) the Kyoto Protocol; and

(b) the documents mentioned in subregulations (3) and (4); and

(3) If a person is importing or manufacturing the SGG for their own use, the person must give the Minister a statement from the person that:

(a) states the person intends to use the SGG in the manufacture of equipment; and

(b) explains the process to be used to manufacture the equipment; and

(i) during the manufacturing process; or

(ii) immediately after the manufacturing process.

(4) If a person is importing or manufacturing the SGG for supply to another person (a manufacturer), the person must give the Minister:

(a) a purchase order or similar document for the SGG from the manufacturer; and

(b) a statement from the manufacturer that states the manufacturer intends to use the SGG in the manufacture of equipment; and

(d) a statement from the manufacturer that explains how the SGG will be destroyed:

(i) during the manufacturing process; or

(ii) immediately after the manufacturing process.

Note: See section 62 of the Act in relation to the making of false statements.

(5) An SGG notice is valid for the period, of up to 2 years, stated in the notice.

(6) The Minister may, by written notice to the person to whom the SGG notice was given:

(a) vary an SGG notice; or

(b) revoke an SGG notice if the Minister is no longer satisfied of the matters mentioned in paragraph (1)(a) or (b).

(7) A written notice made under subregulation (6) takes effect on the day stated in the notice.

(8) An application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister:

(a) to refuse to make an SGG notice; or

(b) to vary or revoke an SGG notice.

(9) A written notice made under this regulation is not a legislative instrument.

3B Review of decisions under regulation 3A

Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister:

(a) to refuse to grant a permit under subregulation 3A(1); or

(b) to grant a permit with a particular period of validity; or

3C Application fee for licence (Act s 14)

(1) For paragraph 14(1)(aa) of the Act, the following application fees are prescribed:

(a) for a controlled substances licence—$15 000;

(b) for an essential uses licence—$3 000;

(d) for an equipment licence—$3 000.

(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.

3D Application fee for renewing licence

For the purposes of paragraph 19AA(3)(b) of the Act:

(a) the application fee for a renewal of a licence of a particular type is the same as the application fee for a licence of that type under subregulation 3C(1); and

(b) the Minister may waive the application fee for a renewal of a licence of a particular type in the circumstances in which the Minister could waive the application fee for a licence of that type under subregulation 3C(2), (3) or (4).

3E Circumstances in which Minister may grant equipment licences that allow Schedule 4 activities or section 69G activities

For the purposes of paragraph 16(6A)(a)(ii) of the Act, the following Schedule 4 activities are prescribed:

(a) importing HCFC pre‑charged air conditioning equipment, if the importation of the equipment satisfies the conditions mentioned in subsection 13(6) of the Act;

(b) importing HCFC pre‑charged refrigeration equipment, if the importation of the equipment satisfies the conditions mentioned in subsection 13(6) of the Act.

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, cancelled and surrendered.

(2) The details that may be published about a licence are:

(a) the kind of licence; and

(b) the name of the licensee; and

(d) the date on which the licence was granted, cancelled or surrendered; and

(e) the date on which the licence expires.

(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.

5 Records to be kept by licensees

(1) A person who is, at any time in a month, a licensee must keep a record in writing of:

(a) the quantities of each scheduled substance manufactured, imported and exported by the person in the month; and

(b) in respect of each quantity of a scheduled substance that has been imported by the person in the month:

(i) the date of importation; and

(ii) the country of origin of the scheduled substance; and

(iii) the full name and address of the person from whom the scheduled substance was imported; and

(iv) the place at which the scheduled substance was discharged from the ship or aircraft on which the scheduled substance was carried; and

(v) if the scheduled substance was imported on a ship—the name of the ship; and

(vi) if the scheduled substance was imported on an aircraft—the flight number of the aircraft on which the scheduled substance was carried; and

(vii) whether the scheduled substance was imported for use as feedstock; and

(i) the date of exportation; and

(ii) the country of destination of the scheduled substance; and

(iii) the full name and address of the person to whom the scheduled substance was exported; and

(iv) the place at which the scheduled substance was loaded on the ship or aircraft on which the scheduled substance was carried; and

(v) if the scheduled substance was exported on a ship—the name of the ship; and

(vi) if the scheduled substance was exported on an aircraft—the flight number of the flight on which the scheduled substance was carried; and

(d) in respect of each quantity of a scheduled substance that has been manufactured by the person in the month—whether the scheduled substance was manufactured for use as feedstock; and

(e) the quantity of each scheduled substance destroyed by the person in the month.

Penalty: 10 penalty units.

(2) Records must be retained, on the licensee’s main business premises, for 5 years from the last day of the month to which the records relate.

Penalty: 10 penalty units.

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

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Note 2: Section 65 of the Act (which relates to the conduct of directors, servants and agents) applies to offences under these Regulations (see subsection 65(9) of the Act).

6A Review of decisions

Subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the following decisions:

(a) a decision under subregulation 3C(2) to refuse to waive the fee for a controlled substances licence or a used substances licence;

(b) a decision under subregulation 3C(3) to refuse to waive the fee for an essential uses licence;

(c) a decision under subregulation 3C(4) to refuse to waive the fee for a controlled substances licence, a used substances licence or an essential uses licence;

(d) a decision under paragraph 3D(b) to refuse to waive the fee for a renewal of a licence.

Part 4A—HFC quotas

Division 4A.1—Preliminary

40 Simplified outline of this Part

HFC quotas are allocated for each of 2 consecutive years at a time. A person is eligible for HFC quotas for the years if the person:

(a) applies for quotas; and

(b) holds an SGG licence for the years.

The quotas allocated for the 2 years are identical.

An HFC quota consists of grandfathered and non‑grandfathered quota. Grandfathered quota is allocated:

(a) for 2018 and 2019—to applicants who engaged in licensed regulated HCFC or HFC activities during 2009 to 2014; and

(b) for 2020 and 2021—to applicants who were allocated HFC quotas for 2018 and 2019; and

The sizes of grandfathered quotas are worked out on the basis of the applicants’ past regulated HCFC and HFC activities and quotas.

Non‑grandfathered quota is allocated in accordance with a legislative instrument made by the Minister.

A holder of grandfathered quota may apply to retire some of the holder’s future entitlement to grandfathered quota. Retirement does not affect the amount of quota to which other licensees are entitled.

41 HFC quota allocation periods

(1) An HFC quota allocation period is 2 years.

(2) The first HFC quota allocation period starts on 1 January 2018.

(3) Each HFC quota allocation period, except the first, starts at the end of the last preceding one.

Division 4A.2—HFC industry limit

42 HFC industry limit

For the purposes of subsection 36A(1) of the Act, the HFC industry limit for a calendar year in an HFC quota allocation period mentioned in an item of the following table is the quantity of HFCs, expressed in CO2e megatonnes, specified in that item.

Base HFC industry limits
Item	Column 1 HFC quota allocation period starting on 1 January …	Column 2 Quantity of HFCs, expressed in CO2e megatonnes
1	2018	8.000
2	2020	7.250
3	2022	6.250
4	2024	5.250
5	2026	4.250
6	2028	3.200
7	2030	2.900
8	2032	2.650
9	2034	2.100
10	in 2036 or a later year	1.607

Division 4A.3—Applications, allocation and size of HFC quotas

Subdivision 4A.3.1—Purpose of this Division

43 Purpose of this Division

For the purposes of subsection 36C(1) of the Act, this Division provides in relation to:

(a) a process for applying for HFC quotas, including who may apply; and

(b) a process for the Minister to allocate HFC quotas for calendar years to SGG licensees; and

(i) vary the size of HFC quotas; or

(ii) cancel HFC quotas; and

(d) the method for working out the size of HFC quotas.

Subdivision 4A.3.2—Applications and allocation

44 Applying for HFC quotas

(1) A person may apply for HFC quotas for both of the calendar years in an HFC quota allocation period if:

(a) the person holds an SGG licence that covers the period; or

(b) both:

(i) the person has applied for such a licence; and

(ii) the application has not been refused; or

(i) the person has applied for the renewal of an SGG licence;

(ii) the application has not been refused;

(iii) if the licence is renewed, the licence will cover the whole of the period.

Note: The Minister must consider the applications mentioned in paragraphs (b) and (c) before allocating HFC quotas: see subregulation (4). A person who does not hold an SGG licence that covers an HFC quota allocation period is not entitled to an amount of HFC quota for a year in that period: see Subdivision 4A.3.3.

(2) The application must:

(a) be in the approved form; and

(b) be given to the Minister on or before:

(i) if the HFC quota allocation period is the first HFC quota allocation period—the day determined under subregulation (3); or

(ii) otherwise—31 August in the last year before the start of the HFC quota allocation period; and

(d) state whether the applicant wishes to be allocated non‑grandfathered quota for the years.

(3) The Minister must, by legislative instrument, determine the day on or before which applications for HFC quotas for the calendar years in the first HFC quota allocation period must be given.

Minister must determine licence applications before allocating quotas

(4) If paragraph (1)(b) or (c) applies to any of the applicants for HFC quotas for the years in an HFC quota allocation period because the applicants have applied for SGG licences or for the renewal of SGG licences, the Minister must determine each of those applications under Part III of the Act by:

(a) issuing or renewing an SGG licence; or

(b) refusing the application;

before the Minister allocates any HFC quotas for the years.

(5) Subregulation (4) has effect as if a reference in section 17 or 19AD of the Act to section 66 included a reference to that subregulation.

45 Allocating HFC quotas for HFC quota periods

(1) The Minister must, subject to subregulation 44(4), allocate an HFC quota for each of the calendar years in an HFC quota allocation period to a person if the person is entitled to amounts of grandfathered quota or non‑grandfathered quota for the years.

Note: For when a person is entitled to amounts of grandfathered quota or non‑grandfathered quota, see Subdivision 4A.3.3.

(2) The Minister must determine the size of each HFC quota in accordance with regulation 47.

(3) An HFC quota is allocated by written notice given to the person.

(4) The notice must:

(a) specify the size of the HFC quota; and

(b) specify:

(i) how much of the quota is an amount of grandfathered quota; and

(ii) how much of the quota is an amount of non‑grandfathered quota; and

Subdivision 4A.3.3—Entitlement to, and size of, HFC quotas

46 Definitions

The following table defines the base period, grandfathered percentage and non‑grandfathered percentage for an HFC quota allocation period.

Definitions relating to HFC quota allocation periods
Item	Column 1 HFC quota allocation period	Column 2 Base period	Column 3 Grandfathered percentage	Column 4 Non‑grandfathered percentage
1	the first HFC quota allocation period	the 6 years starting on 1 January 2009	90%	10%
2	the second HFC quota allocation period	the 12 months starting on 1 January 2018	95%	5%
3	any other HFC quota allocation period	the 2 years starting 3 years before the start of the HFC quota allocation period	95%	5%

47 Size of HFC quotas

The size of an HFC quota allocated to an SGG licensee for a calendar year is the total of any amounts of grandfathered quota and non‑grandfathered quota to which the person is entitled for the year.

48 Grandfathered quota—first HFC quota allocation period

Entitlement

(1) A person is entitled to an amount of grandfathered quota for each of 2018 and 2019 if:

(a) the person applies in accordance with regulation 44 for HFC quotas for the years; and

(b) the person holds an SGG licence that covers the whole of the first HFC quota allocation period; and

(c) the person engaged in a licensed regulated HCFC activity or licensed regulated HFC activity at any time during 2009 to 2014.

Amount

(2) The amount of grandfathered quota to which a person is entitled for 2018 or 2019 (the allocation year) is the amount worked out using the following formula:

where:

amount of licensed activities of a person means the sum of:

(a) 75% of the total quantity (including nil) of HCFCs, expressed in CO2e megatonnes, involved in licensed regulated HCFC activities engaged in by the person during 2009 to 2014; and

(b) the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during 2009 to 2014.

total amount of licensed activities means the sum of the amounts of licensed activities of each person who is entitled to grandfathered quota for the allocation year.

Importations of HCFCs in excess of HCFC quota disregarded

(3) Subsection (4) applies if:

(a) the total quantity (the year’s total) of HCFCs, expressed in ODP tonnes, involved in licenced regulated HCFC activities engaged in by a person during a calendar year in a quota period (within the meaning of section 23A of the Act); exceeds

(b) half of the HCFC quota allocated to the person for the quota period.

(4) For the purposes of paragraph (a) of the definition of amount of licensed activities in subregulation (2), the quantity of HCFCs, expressed in ODP tonnes, involved in a particular licensed regulated HCFC activity engaged in by the person during the year is taken to be the amount worked out using the following formula:

Exports of HFCs disregarded

(5) For the purposes of paragraph (b) of the definition of amount of licensed activities in subregulation (2), any quantities of HFCs exported by a person during 2009 to 2014 are disregarded.

Note: Subsection 36B(2) of the Act reduces the quantity of HFCs that is taken to be involved in regulated HFC activities engaged in by an SGG licensee in a period by the quantity of HFCs exported by the licensee in the period.

49 Grandfathered quota—second HFC quota allocation period

Entitlement

(1) A person is entitled to an amount of grandfathered quota for each of 2020 and 2021 if:

(a) the person applies in accordance with regulation 44 for HFC quotas for the years; and

(b) the person holds an SGG licence that covers the whole of the second HFC quota allocation period; and

Amount

(2) The amount of grandfathered quota to which a person is entitled for 2020 or 2021 (the allocation year) is the amount worked out using the following formula:

where:

amount of licensed activities (grandfathered) of a person means the lesser of:

(a) the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during 2018; and

(b) the amount (including nil) of grandfathered quota included in the HFC quota allocated to the person for 2018.

amount of licensed activities (non‑grandfathered) of a person means the lesser of:

(a) the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during 2018, reduced (but not below nil) by the amount of licensed activities (grandfathered) of the person; and

(b) the amount (including nil) of non‑grandfathered quota included in the HFC quota allocated to the person for 2018.

total amount of licensed activities (grandfathered) means the sum of the amounts of licensed activities (grandfathered) of each person who is entitled to grandfathered quota for the allocation year.

total amount of licensed activities (non‑grandfathered) means the sum of the amounts of licensed activities (non‑grandfathered) of each person who is entitled to grandfathered quota for the allocation year.

50 Grandfathered quota—later HFC quota allocation periods

Entitlement

(1) A person is entitled to an amount of grandfathered quota for each of the calendar years in an HFC quota allocation period, other than the first or second HFC quota allocation period, if:

(a) the person applies in accordance with regulation 44 for HFC quotas for the years; and

(b) the person holds an SGG licence that covers the whole of the period; and

(d) those quotas included amounts of grandfathered quota.

Amount

(2) The amount of grandfathered quota to which a person is entitled for a year (the allocation year) in an HFC quota allocation period, other than the first or second HFC quota allocation period, is the amount worked out using the following formula:

where:

amount of licensed activities of a person means the sum of the annual amounts of licenced activities of the person for the calendar years in the base period for the HFC quota allocation period.

annual amount of licenced activities of a person for a calendar year means the lesser of:

(a) the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during the year; and

(b) the amount of grandfathered quota included in the HFC quota allocated to the person for the year.

total amount of licensed activities means the sum of the amounts of licensed activities of each person who is entitled to grandfathered quota for the allocation year.

51 Non‑grandfathered quota

Entitlement

(1) A person is entitled to an amount of non‑grandfathered quota for each of the calendar years in an HFC quota allocation period if:

(a) the person applies in accordance with regulation 44 for HFC quotas for the years; and

(b) the application states, under paragraph 44(2)(d), that the person wishes to be allocated non‑grandfathered quota for the years; and

(d) a determination under subregulation (4) of this regulation is in force in relation to the period; and

(e) the person meets the requirements prescribed by the determination in relation to the year.

Amount

(2) The amount of non‑grandfathered quota to which a person is entitled for a calendar year in an HFC quota allocation period is the amount worked out under the determination made under subregulation (4).

(3) The sum of all the amounts of non‑grandfathered quota to which persons are entitled for a calendar year in an HFC quota allocation period must not exceed the amount worked out using the following formula:

Determination

(4) The Minister may, by legislative instrument, determine the following in relation to an HFC quota allocation period:

(a) requirements for a person to be entitled to an amount of non‑grandfathered quota for each of the calendar years in the period;

(b) the amount, or the method for working out the amount, of non‑grandfathered quota to which a person is entitled for each of the years.

(5) In making a determination under subregulation (4), the Minister:

(a) must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and

(b) may have regard to any other matters he or she thinks relevant.

(6) A determination made under subregulation (4) may provide in relation to review of decisions made under the determination.

52 Business succession

Requests

(1) A person who engaged in a licensed regulated HCFC activity in the base period for the first HFC quota allocation period may request that:

(a) the activity be taken to have been engaged in by another specified person; and

(b) all or part of an HCFC quota allocated to the first person for the quota period (within the meaning of section 23A of the Act) in which the licensed regulated HCFC activity was engaged in be taken to have been:

(i) allocated to the other person; and

(ii) not allocated to the first person.

(2) A person who engaged in a licensed regulated HFC activity in the base period for an HFC quota allocation period may request that:

(a) the activity be taken to have been engaged in by another specified person; and

(b) all or part of an HFC quota allocated to the first person for the calendar year in which the licensed regulated HFC activity was engaged in be taken to have been:

(i) allocated to the other person; and

(ii) not allocated to the first person.

(3) A request under subregulation (1) or (2) must be:

(a) in the approved form; and

(b) given to the Minister before the day on or before which, under paragraph 44(2)(b), applications for HFC quotas for the calendar years in the HFC quota allocation period must be made.

(4) If the Minister receives a request under subregulation (1) or (2) in accordance with subregulation (3), then, for the purposes of applying this Subdivision in allocating HFC quotas for the HFC quota allocation period mentioned in subregulation (1) or (2) (whichever is applicable) and later HFC quota allocation periods:

(a) the activity specified in the request is taken to have been engaged in by the person specified in the request, rather than by the person who makes the request; and

(b) all or part of the HCFC quota or HFC quota specified in the request is taken to have been allocated to the person specified in the request, rather than to the person who makes the request.

Variations and withdrawals

(5) A person who makes a request under subregulation (1) or (2) may vary or withdraw it.

(6) The variation or withdrawal must be:

(a) in the approved form; and

(b) given to the Minister no later than 30 days after the day mentioned in paragraph (3)(b).

Licence requirements

(7) To avoid doubt, for the purposes of this Subdivision, an activity that a person is taken under subregulation (4) to have engaged in at a time is a licensed regulated HCFC activity or licensed regulated HFC activity even if the person did not actually hold at that time a controlled substances licence or SGG licence that allowed the activity.

53 Transfer of HFC quotas

A transfer of an HFC quota under section 36F of the Act does not affect the relative proportions of any amounts of grandfathered quota and non‑grandfathered quota included in the HFC quota.

Subdivision 4A.3.4—Correcting HFC quotas

54 Correcting HFC quotas

Varying size of HFC quotas

(1) If, after an HFC quota is allocated to a person for a calendar year, the Minister becomes satisfied that the size of the quota is incorrect, the Minister must, by written notice given to the person, amend the size of the HFC quota to be the correct amount.

Note: For the correct size of an HFC quota, see regulation 47.

Example: The size of an HFC quota allocated to an SGG licensee for a year could be incorrect because another SGG licensee was incorrectly taken to be, or not to be, entitled to an amount of grandfathered quota or non‑grandfathered quota for the year.

(2) An amendment of an HFC quota under subregulation (1) has effect from the start of the calendar year for which the quota was allocated.

Cancelling HFC quotas

(3) If, after an HFC quota is allocated to a person for a calendar year, the Minister becomes satisfied that the person was not entitled to such a quota, the Minister must, by written notice given to the person, cancel the quota.

Note: For when a person is entitled to an HFC quota, see subregulation 45(1).

(4) An HFC quota cancelled under subregulation (3) is taken never to have been in force and never to have been allocated.

Subdivision 4A.3.5—Retiring HFC quota entitlements

55 Applying to retire quota entitlements

(1) An SGG licensee may apply for the retirement of a specified percentage of the licensee’s entitlement to HFC quotas for calendar years occurring in or after a specified HFC quota allocation period (the retirement period) (other than the first HFC quota allocation period) if:

(a) the licensee has been allocated HFC quotas for the calendar years in the HFC quota allocation period occurring immediately before the retirement period; and

(b) if the retirement period occurs after the second HFC quota allocation period—the quotas mentioned in paragraph (a) include amounts of grandfathered quota.

(2) The application must:

(a) be in writing; and

(b) be given to the Minister no later than 30 June before the start of the retirement period.

56 Consultation before retiring quota entitlements

(1) Before the Minister makes a decision on an application under regulation 55 to retire a percentage of an SGG licensee’s entitlement to HFC quotas for calendar years occurring in or after a specified HFC quota allocation period (the retirement period), the Minister must consult industry and the public about the application.

(2) Without limiting the ways in which the Minister may comply with the obligation in subregulation (1), the Minister is taken to comply with that obligation if the Minister:

(a) on the Department’s website:

(i) makes available the application for the retirement, or a description of the proposed retirement; and

(ii) invites the public to comment on the proposed retirement; and

(b) notifies each SGG licensee (other than the applicant) to whom HFC quotas have been allocated for the calendar years in the HFC quota allocation occurring immediately before the retirement period:

(i) that the application or description is available on the Department’s website; and

(ii) that the SGG licensee is invited to comment on the proposed retirement; and

(c) does not make a decision on the application before the end of the 20 days starting on the day the Minister makes the application or description available under paragraph (a).

(3) A failure to consult as required by subregulation (1) does not invalidate a decision under this Division.

57 Retiring quota entitlements

(1) If an SGG licensee applies under regulation 55 to retire a percentage of the licensee’s entitlement to HFC quotas for calendar years occurring in or after a specified HFC quota allocation period, the Minister must:

(a) by notifiable instrument, retire a specified percentage of the licensee’s entitlement to HFC quotas for those years; or

(b) refuse the application by written notice given to the applicant.

(2) The percentage specified under paragraph (1)(a) must be:

(a) the percentage specified in the application; or

(b) a lesser percentage.

(3) In deciding the application, the Minister:

(a) must have regard to the likely demand for HFC in Australia in those years; and

(b) must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and

58 Retiring quota entitlements—effects

(1) This section applies if, under regulation 57, the Minister retires a percentage (the retirement percentage) of the entitlement of an SGG licensee (the applicant) to HFC quotas for calendar years occurring in or after a particular HFC quota allocation period (the retirement period).

Reduction in applicant’s HFC quotas

(2) The amount of grandfathered quota (if any) to which the applicant is entitled for each of those years is:

(a) if the year occurs in the retirement period—reduced by the retirement percentage; or

(b) if the year occurs after the retirement period—reduced to equal the amount (the reduced maximum) worked out by reducing the maximum grandfathered quota for the year by the retirement percentage (if the amount of grandfathered quota would otherwise exceed the reduced maximum).

Note 1: For the maximum grandfathered quota, see subregulation (4).

Note 2: An amount of grandfathered quota that is reduced under this subregulation is not reallocated to another SGG licensee.

Retirement does not affect entitlements of other SGG licensees

(3) In applying:

(a) the definitions of total amount of licensed activities (grandfathered) and total amount of licensed activities (non‑grandfathered) in subregulation 49(2); and

(b) the definition of total amount of licensed activities in subregulation 50(2);

for the purposes of allocating HFC quotas for calendar years in an HFC quota allocation period (the current period) occurring after the retirement period:

(c) the applicant is taken to have been allocated an HFC quota for each calendar year occurring in or after the retirement period (if the applicant was not actually allocated a quota for the year); and

(d) the applicant is taken to have been entitled to grandfathered quota for each calendar year occurring in or after the retirement period (if the applicant was not actually so entitled); and

(e) for each calendar year (the earlier year) occurring in or after the retirement period and in or before the base period for the current period, both:

(i) the amount of grandfathered quota to which the applicant was entitled for the earlier year; and

(ii) the total quantity of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the applicant during the earlier year;

are taken to equal the maximum grandfathered quota for the earlier year.

(4) The maximum grandfathered quota for a calendar year (the current year) is the amount of grandfathered quota to which the applicant would be entitled for the current year if:

(a) the applicant were allocated an HFC quota each calendar year occurring in or after the retirement period; and

(b) the applicant were entitled to grandfathered quota for each calendar year occurring in or after the retirement period; and

(c) the amount of the grandfathered quota to which the applicant was entitled for each calendar year occurring in the retirement period were equal to the grandfathered quota to which the applicant would have been entitled for that year apart from paragraph (2)(a); and

(d) for each calendar year (the earlier year) occurring in or after the retirement period and in or before the base period for the current period, both:

(i) the amount of grandfathered quota to which the applicant was entitled for the earlier year (unless the year occurs in the retirement period); and

(ii) the total quantity of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the applicant during the earlier year;

were equal to the maximum grandfathered quota for the earlier year.

Part 5—Manufacture of equipment using scheduled substances

Division 5.1—Exemptions for refrigeration and air conditioning equipment

73 Exemption expiring on 31 December 2019

(1) For subclause 10(1A) of Schedule 4 to the Act, the following equipment is specified:

(a) replacement parts for existing HCFC refrigeration or air conditioning equipment;

(b) equipment insulated with foam manufactured with HCFC;

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

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

Example: For subparagraph (c)(ii), air conditioning equipment incorporated into a large boat or drilling rig.

(4) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under paragraph (1)(c).

(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.

(6) This regulation is repealed at the end of 31 December 2019.

Part 6A—Disposal and use of scheduled substances

Note 1: The numbers of the Parts in these Regulations correspond to those in the Act.

Note 2: Part 6 is intentionally not used and regulation numbers 81 to 99 (inclusive) are reserved for future use.

Division 6A.1—Preliminary

100 Purpose of Part 6A

For section 45A of the Act, Part 6A imposes controls on:

(a) the sale, purchase, and other acquisition or disposal of:

(i) scheduled substances for refrigeration and air conditioning, and fire protection; and

(ii) methyl bromide; and

(b) the storage, use and handling of:

(i) scheduled substances for refrigeration and air conditioning, and fire protection; and

(ii) methyl bromide.

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.

102 Considerations in deciding whether someone is a fit and proper person to hold a permit

(1) This regulation sets out matters a decision‑maker must consider in deciding whether a person is a fit and proper person to hold a permit of one of the following kinds:

(a) an RAC industry permit under Division 6A.2;

(b) a feedstock permit under Division 6A.3;

Note: This affects what is information that is needed to make, or relevant to, such a decision, and so affects provisions about giving a decision‑maker such information, as well as affecting provisions about the decision‑maker being satisfied that the person is or is not a fit and proper person to hold the licence.

Decision relating to grant of the permit

(2) If the decision relates to the grant of the permit, the matters are as follows:

(a) the matters described in paragraphs 16(5)(aa) to (eb) of the Act;

(b) any order made, under section 19B of the Crimes Act 1914, relating to:

(i) the person and an offence described in paragraph 16(5)(a) or (b) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; or

(ii) if the person is a body corporate—an executive officer of the body corporate and an offence described in paragraph 16(5)(bb) or (bc) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989;

(i) by the person; or

(ii) if the person is a body corporate—by an executive officer of the body corporate;

(d) any contravention of a condition of another permit of the same kind held:

(i) by the person; or

(ii) if the person is a body corporate—by an executive officer of the body corporate.

Decision relating to cancellation or suspension of the permit

(3) If the decision relates to the cancellation or suspension of the permit, the matters are as follows:

(a) the matters described in paragraphs 20(2)(aa) to (g) of the Act;

(b) any order made, under section 19B of the Crimes Act 1914, relating to:

(i) the person and an offence described in paragraph 20(2)(a) or (b) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; or

(ii) if the person is a body corporate—an executive officer of the body corporate and an offence described in paragraph 20(2)(bb) or (bc) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989;

(d) any contravention of a condition of the permit;

(e) any suspension or cancellation of another permit of the same kind held by the person;

(f) any contravention of a condition of another permit of the same kind held by the person.

This regulation does not limit considerations

(4) This regulation does not limit matters that the decision‑maker may consider.

Division 6A.2—Refrigeration and air conditioning

Subdivision 6A.2.1—Preliminary

110 Definitions for Division 6A.2

In this Division:

AMSA certificate means a certificate of competency, issued under section 31 of the Navigation Act 2012, for any of the following:

(a) an Engineer Class 1;

(b) an Engineer Class 2;

AMSA vessel means a vessel:

(a) to which the Navigation Act 2012 applies; or

(b) that is taken to be a facility under clause 4 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

commercial stand‑alone refrigeration equipment means refrigeration equipment that:

(a) is designed primarily for commercial use; and

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

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

Note: This definition does not cover split system air conditioners.

halon special permit means a permit granted under regulation 150.

RAC equipment (or refrigeration and air conditioning equipment) means equipment, used for the cooling or heating of anything, that uses a refrigerant.

RAC equipment manufacturing authorisation means an authorisation granted under paragraph 140(1)(b).

RAC Industry Board means a body appointed under paragraph 120(2)(a).

RAC industry permit means any of the following:

(a) a refrigerant handling licence;

(b) a refrigerant trading authorisation;

(d) a halon special permit;

(e) a restricted refrigerant trading authorisation.

RAC industry powers and functions means the powers and functions given to the Minister by subregulation 120(1).

refrigerant means any or all of CFC, HCFC, HFC, PFC and halon that is, or has been, used in RAC equipment.

refrigerant destruction facility means a facility that a person is approved to operate under regulation 114.

refrigerant handling licence means a licence granted under Subdivision 6A.2.2.

refrigerant trading authorisation means an authorisation granted under paragraph 140(1)(a).

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

relevant authority, in relation to an RAC industry permit, or an application for a permit, means:

(a) the relevant Board; or

(b) the Minister.

relevant Board means:

(a) in relation to an RAC industry permit—the RAC Industry Board that granted the permit; or

(b) in relation to an application for a permit—the Board to which the application is made.

restricted refrigerant trading authorisation means an authorisation granted under paragraph 140(1)(c).

111 Offence—carrying out work in relation to RAC equipment

(1) A person commits an offence if the person carries out work in relation to RAC equipment and the person is not:

(a) both:

(i) the holder of a refrigerant handling licence; and

(ii) entitled under the licence to carry out the work; or

(b) both:

(i) engaged in a phase of the manufacture of RAC equipment; and

(ii) supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to manufacture RAC equipment; or

(d) both:

(i) the holder of an AMSA certificate; and

(ii) required to carry out the work on an AMSA vessel as part of his or her duties on the vessel.

Penalty: 10 penalty units.

(2) For subregulation (1), carries out work in relation to RAC equipment means doing anything with a refrigerant, or a component of RAC equipment, that involves a risk of refrigerant being emitted, including:

(a) decanting the refrigerant; and

(b) manufacturing, installing, commissioning, servicing and maintaining RAC equipment, whether or not refrigerant is present; and

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

112 Offence—possessing or trading in refrigerant

(1) In this regulation:

bulk refrigerant means refrigerant other than halon, but does not include refrigerant that is contained in RAC equipment.

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

(a) the holder of a refrigerant trading authorisation or an RAC equipment manufacturing authorisation; or

(b) the operator of a refrigerant destruction facility; or

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 refrigerant, gave it to:

(a) the holder of a refrigerant trading authorisation; or

(b) the operator of a refrigerant destruction facility.

Note: For guidance on locating holders of refrigerant trading authorisations, see www.environment.gov.au/atmosphere/ozone/rac/index.html.

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

113 Offence—possessing halon

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

(a) the holder of a halon special permit; or

(b) the operator of a refrigerant destruction facility; or

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 holder of an extinguishing agent trading authorisation—acquired the halon for transfer to an extinguishing agent destruction facility; or

(b) as soon as practicable after becoming aware that he or she possessed halon, gave it to the operator of a refrigerant destruction facility.

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

Note: The use of halon for most purposes was phased out from 1990 under State and Territory legislation. Halon was not normally used for refrigeration or air conditioning.

113A Offence—false representations

(1) A person commits an offence if:

(a) the person makes a representation that the person can provide a service that involves the acquisition, disposal, storage, use or handling of refrigerant; and

(b) at the time of making the representation, the person does not hold an RAC industry permit that entitles the person to provide the service; and

(c) at the time of making the representation, the person does not employ, or has not engaged, a person who holds a refrigerant handling licence for work of the kind that is necessary to provide the service.

Penalty: 10 penalty units.

(1A) Subregulation (1) does not apply to a person if:

(a) at the time of making the representation, the person has entered into an agreement (however described) with someone else to provide the service; and

(b) the agreement contains a provision to the effect that the service must be provided by the holder of an RAC industry permit that entitles the holder to provide the service.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A)—see subsection 13.3(3) of the Criminal Code.

(2) A person commits an offence if:

(a) the person makes a representation that the person is the holder of a kind of RAC industry permit; and

(b) at the time of making the representation, the person is not the holder of an RAC industry permit of that kind.

Penalty: 10 penalty units.

(2A) A person commits an offence if:

(a) the person is employed to work on an AMSA vessel; and

(b) the person makes a representation that the person holds an AMSA certificate; and

Penalty: 10 penalty units.

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

114 Refrigerant destruction facilities

(1) The Minister may, on application, give approval in writing for a person to operate a refrigerant 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

(d) if the facility was the subject of a trial under regulation 115—information about the results of the trial.

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

(4) The Minister may at any time impose, or vary, conditions in writing on the approval of a person to operate a facility.

115 Trial of facility for destroying refrigerant

(1) The Minister may, on application, give approval in writing for a person to conduct a trial of a facility to determine whether the facility is able to operate in a way that is consistent with Australia’s obligations under the Montreal Protocol when destroying refrigerant.

(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

(3) The Minister may at any time impose, or vary, conditions in writing on the approval of a person to conduct a trial, including conditions relating to the following:

(a) when the trial may be conducted;

(b) the volume of SGGs or ODSs that may be destroyed in the trial;

(4) In this regulation:

ODS has the meaning given by section 65A of the Act.

Subdivision 6A.2.1A—RAC industry permits

Note: Regulation numbers 116 to 119 (inclusive) are intentionally not used.

120 Relevant authority’s powers and functions

(1) The Minister has the following powers and functions:

(a) to receive applications for RAC industry permits;

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

(d) to collect information:

(i) supplied by applicants for industry permits; and

(ii) supplied in response to any request made under paragraphs 141(1)(b) and (n);

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

(i) allow any person to be identified, except as provided for in paragraph (ea); or

(ii) disclose confidential information;

(ea) to keep and make available to the public by electronic means a register that includes the following details for the holder of an RAC industry permit:

(i) the name of the holder of the permit;

(ii) the type of permit held;

(iii) the number allocated to the permit by the relevant authority;

(iv) except for the holder of a refrigerant handling licence—the address and phone number of the holder of the permit;

(f) to inspect, with the occupier’s permission, premises used for activities conducted under an RAC industry permit.

(2) The Minister may, in writing:

(a) appoint 1 or more bodies that are incorporated under the Corporations Act 2001, as RAC Industry Boards; and

(b) specify that an appointment is subject to a condition or conditions set out in the instrument of appointment; and

(c) authorise the Board or Boards to exercise any or all of the Minister’s RAC industry powers and functions in relation to:

(i) the refrigeration and air conditioning industry; or

(ii) 1 or more specified sectors of the industry.

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 the approved form; and

Note: Application fees for Part 6A are set out in Division 6A.4A.

(d) include the information needed by the authority to decide the application, including the information required by subregulations (1A) and (1B).

(1A) The application must include:

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

(b) 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.

(d) for an application for an authorisation mentioned in subregulation 140(1)—evidence that the applicant will meet the requirements mentioned in subregulation 140(3); and

(e) for an application for a halon special permit—evidence that the applicant will meet the requirements mentioned in subregulation 150(3).

(1B) However, if:

(a) the applicant holds an RAC industry permit (the current permit) at the time the application is made; and

(b) the current permit and the permit for which the application is made are the same type of RAC industry permit; and

then, instead of the details or evidence required by a paragraph of subregulation (1A), the application may include:

(d) if there has been a change in relation to the matter mentioned in the paragraph since the application for the current permit was made—evidence of the change; or

(e) confirmation that there has been no change in relation to the matter mentioned in the paragraph since the application for the current permit was made.

(1C) Without limiting the information a relevant authority may take into account in deciding whether to grant an RAC industry permit, if subregulation (1B) applies in relation to the application for the permit, the relevant authority may take into account any information previously provided by the applicant.

(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:

(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

(4) An applicant is taken to have withdrawn an application if:

(a) the relevant authority asks the applicant for information or consent; and

(b) the applicant does not provide the information or consent within 6 months of the authority’s request.

(5) An applicant may withdraw an application at any time before the relevant authority decides the application.

(6) The fee for an application is not refundable if the applicant withdraws the application or the application is taken to have been withdrawn.

122 Requirement for grant of RAC industry permit

A relevant authority must not grant an RAC industry permit to a person unless the authority is satisfied that:

(a) granting the permit is not contrary to Australia’s international obligations, or the Commonwealth’s policies, relating to the use or disposal of scheduled substances; and

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

122A Period for which permit is in force

An RAC industry permit is in force:

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

(b) for a period of no more than 36 months specified in writing by the authority.

123 Powers of Minister

(1) The Minister may cancel or suspend an RAC 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; or

(c) does not have the knowledge, ability and experience necessary to competently carry out the work covered by the licence; or

(d) for an authorisation—does not meet the requirements set out in subregulation 140(3); or

(e) for a halon special permit—does not meet the requirements set out in subregulation 150(3).

(1A) The Minister may suspend an RAC industry permit:

(a) for a fixed period; or

(b) until the Minister is satisfied on reasonable grounds that:

(i) a thing that contributes to the grounds for the suspension is remedied; and

(ii) if the thing is required to be remedied in a stated way—the thing is remedied in that way or in a way that is equally effective.

(2) The Minister cancels or suspends an RAC 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

(i) for a suspension for a fixed period—the period of the suspension; or

(ii) for a suspension mentioned in paragraph (1A)(b)—the date the suspension begins and that the permit is suspended until a stated thing is remedied.

(2A) A notice that contains a statement mentioned in subparagraph (2)(c)(ii) may also state how the thing is to be remedied.

(2B) For a permit that is suspended until a stated thing is remedied, the holder must tell the Minister in writing when, and how, the thing is remedied.

(2C) If the Minister decides that the thing is remedied:

(a) the Minister must give the holder a notice stating that the Minister is satisfied that the thing is remedied; and

(b) the suspension ends on the day after the day the holder is given the notice.

(2D) If the Minister decides that the thing is not remedied, the Minister must give the holder a notice stating that the Minister is not satisfied that the thing is remedied.

124 Reconsideration of decisions

(1) Application may be made:

(a) to the relevant authority for reconsideration of any of the following decisions of the authority:

(i) a refusal of an application for an RAC 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:

(i) to suspend or cancel a permit; or

(ii) that a thing that contributes to the grounds for a suspension of a permit is not remedied.

(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 relevant authority or Minister receives an application, the authority or Minister may:

(a) confirm the decision; or

(b) vary or reverse the decision.

(4) Before making a decision under subregulation (3), the relevant authority or Minister may ask the applicant in writing to give the authority or Minister further information that the authority or Minister reasonably needs to make the decision.

(5) If the relevant authority or Minister asks for further information under subregulation (4), the period starting on the day the written request is made and ending on the day the applicant gives the information is not to be counted for subregulation (7).

(6) However, if the applicant does not give the relevant authority or Minister the information before the thirtieth day after the day the written request is made, that day and each day after that is to be counted for subregulation (7).

(7) If the relevant authority or Minister does not confirm, vary or reverse a decision within 60 days after the day the authority or Minister receives an application for reconsideration of the decision, the authority or Minister is taken to have confirmed the decision.

125 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 relevant authority or the Minister under subregulation 124(3).

126 Permit not in force if suspended

An RAC industry permit is not in force during any period of suspension.

127 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 an RAC industry permit for:

(a) activities permitted by the permit; or

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

Subdivision 6A.2.2—Refrigerant handling licences

Note: Regulation numbers 128 and 129 are intentionally not used.

130 Grant of refrigerant handling licences—document

If the relevant authority grants 1 or more licences to a person it must give the person a document setting out the details of each licence granted.

131 Refrigerant handling licences—qualified persons

(1) A relevant authority may, on application, grant to a person a licence mentioned in an item in column 2 of Table 131, entitling him or her to engage in the work described in column 3 of the item.

Note 1: Regulation 121 also applies to an application.

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

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

(a) holds a qualification mentioned in the item of Table 131 that relates to the licence (a relevant qualification); or

(b) holds 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; or

(d) has the knowledge, ability and experience necessary to competently carry out the work covered by the licence.

Table 131—Licences and entitlements

Item	Licence	Entitlement of licensee	NQC‑endorsed qualification
1	Full refrigeration and air conditioning licence	To handle a refrigerant for any work in the refrigeration and air conditioning industry, other than the automotive industry	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 31307 Certificate III in Refrigeration and Air Conditioning
2	Automotive air conditioning licence	To handle a refrigerant for any work on air conditioning equipment fitted to the cabin of a motor vehicle	Either: (a) AUR 20799 Certificate II in Automotive (Mechanical Air Conditioning); or (b) AUR 20705 Certificate II in Automotive Mechanical (Air Conditioning)
3	Restricted heat pump installation and decommissioning licence	To handle a refrigerant for the installation and decommissioning of any of the following: (a) a single‑head split system air conditioner of less than 18 kW; (b) a 2‑part hot water heat pump of less than 18 kW; (c) a 2‑part swimming pool heat pump of less than 18 kW	Any of the following: (a) MEM 20105 Certificate II in Engineering—Production; (b) 40488SA Certificate II in Split Systems Air Conditioning; (c) UEE20107 Certificate II in Air Conditioning Split Systems
4	Restricted domestic refrigeration and air conditioning appliances licence	To handle a refrigerant for either or both of the following: (a) any work on domestic refrigeration or air conditioning equipment; (b) any work on commercial stand‑alone refrigeration equipment	Any of the following: (a) MEM 20105 Certificate II in Engineering—Production; (b) UTE 20599 Certificate II in Electrotechnology Servicing (Appliances—Refrigeration); (c) UTE 20504 Certificate II in Electrotechnology Servicing (Appliances—Refrigeration); (d) UEE21807 Certificate II in Appliance Servicing—Refrigerants; (e) UEE30507 Certificate III in Appliance Servicing

133 Restricted refrigeration and air conditioning licence

A relevant authority may, on application, grant a restricted refrigeration and air conditioning licence to a person, entitling the person to carry out specified work in relation to RAC equipment, if the authority is satisfied that the person:

(a) can competently carry out the work; and

(b) does not meet the conditions for the grant of a licence under regulation 131 that would entitle the person to carry out the work.

134 Refrigeration and air conditioning trainee licence

(1) A relevant authority may, on application, grant 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 paragraph 131(2)(d); 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.

135 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 135 that relates to the work; and

(aa) for licensees that are supervising a refrigeration and air conditioning trainee licensee—ensures that any work carried out by the trainee licensee is in accordance with the standard set out in an item in column 2 of Table 135 that relates to the work; and

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

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

(ii) the operator of a refrigerant destruction facility; and

(d) in handling refrigerants, only carries out refrigerant handling work that the licensee is entitled to carry out under the item in column 3 of Table 131 that corresponds to the item in column 2 of Table 131 that describes the kind of refrigerant handling licence held by the licensee; and

(e) for the holder of a refrigerant handling licence who is not employed or hired by the holder of a refrigerant trading authorisation—includes the number allocated to the licence by the relevant authority on any invoices, receipts and quotes for work carried out under the licence.

(2) The relevant authority may specify that a licence is subject to a condition and must set out the condition on:

(a) the licence document; or

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

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

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

Table 135—Standards

Item	Standard	Title of standard
1	AS/NZS 1571:1995	Copper – Seamless tubes for air‑conditioning and refrigeration
2	AS 3864‑1997	Medical refrigeration equipment – For the storage of blood and blood products
3	AS 3864‑1997/Amdt 1‑1998	Medical refrigeration equipment – For the storage of blood and blood products
4	AS 4211.1‑1996	Gas recovery or combined recovery and recycling equipment – Fluorocarbon refrigerants from automotive air conditioning systems
5	AS 4211.3‑1996	Gas recovery or combined recovery and recycling equipment – Fluorocarbon refrigerants from commercial/domestic refrigeration and airconditioning systems
6	AS 4484‑2004	Gas cylinders for industrial, scientific, medical and refrigerant use – Labelling and colour coding
8	AS 1210‑1997	Pressure vessels
9	AS 1210‑1997/Amdt 1‑1998	Pressure vessels
10	AS 1210‑1997/Amdt 2‑1998	Pressure vessels
11	AS 1210‑1997/Amdt 3‑2002	Pressure vessels
12	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
13	AS 2030.1‑1999/ Amdt 1‑2002	The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases – Cylinders for compressed gases other than acetylene
13A	AS 2030.2‑1996	The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases – Cylinders for dissolved acetylene
13B	AS 2030.2‑1996/ Amdt 1‑1999	The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases – Cylinders for dissolved acetylene
13C	AS 2030.2‑1996/ Amdt 2‑2000	The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases – Cylinders for dissolved acetylene
14	AS 4332‑2004	The storage and handling of gases in cylinders
15	AS 4041‑1998	Pressure piping
16	AS 4041‑1998/Amdt 1‑2001	Pressure piping
17	AS/NZS 1677.1:1998	Refrigerating systems – Refrigerant classification
17A	AS/NZS 1677.1:1998/ Amdt 1:2002	Refrigerating systems – Refrigerant classification
18	AS/NZS 1677.2:1998	Refrigerating systems – Safety requirements for fixed applications
19	AS/NZS 1677.2:1998/ Amdt 1:1999	Refrigerating systems – Safety requirements for fixed applications
20	AS/NZS 1677.2:1998/ Amdt 2:2000	Refrigerating systems – Safety requirements for fixed applications
21	AS/NZS 3350.2.40:2001	Safety of household and similar electrical appliances – Particular requirements for electrical heat pumps, air‑conditioners and dehumidifiers (IEC 60335‑2‑40:1995,MOD)
22	AS/NZS 3823.1.1:1998	Performance of household electrical appliances – Air conditioners and heat pumps – Test methods – Non‑ducted airconditioners and heat pumps – Testing and rating for performance
23	AS/NZS 3823.1.1:1998/Amdt 1:2001	Performance of household electrical appliances – Air conditioners and heat pumps – Test methods – Non‑ducted airconditioners and heat pumps – Testing and rating for performance
24	AS/NZS 3823.1.1:1998/ Amdt 2:2002	Performance of household electrical appliances – Air conditioners and heat pumps – Test methods – Non‑ducted airconditioners and heat pumps – Testing and rating for performance
25	AS/NZS 3823.1.2:2001	Performance of electrical appliances – Airconditioners and heat pumps – Test methods – Ducted airconditioners and air‑to‑air heat pumps – Testing and rating for performance
26	AS/NZS 3823.1.2:2001/ Amdt 1:2002	Performance of electrical appliances – Airconditioners and heat pumps – Test methods – Ducted airconditioners and air‑to‑air heat pumps – Testing and rating for performance
27	AS/NZS 3823.1.2:2001/ Amdt 2:2003	Performance of electrical appliances – Airconditioners and heat pumps – Test methods – Ducted airconditioners and air‑to‑air heat pumps – Testing and rating for performance
28	AS 2823‑1985	Agricultural tractors and self propelled machines – Test procedure for performance of air‑conditioning systems
29	AS 1167.1‑1993	Welding and brazing – Filler metals – Filler metal for brazing and braze welding
30	AS 1167.2:1999	Welding and brazing – Filler metals – Filler metal for welding
31		The Australia and New Zealand Refrigerant Handling Code of Practice 2007, Part 1—Self‑contained low charge systems, published by the Australian Institute of Refrigeration, Air Conditioning and Heating and the Institute of Refrigeration, Heating and Air Conditioning Engineers New Zealand, as in force on 1 January 2008
32		The Australia and New Zealand Refrigerant Handling Code of Practice 2007, Part 2—Systems other than self‑contained low charge systems, published by the Australian Institute of Refrigeration, Air Conditioning and Heating and the Institute of Refrigeration, Heating and Air Conditioning Engineers New Zealand, as in force on 1 January 2008
34		The Australian Automotive Code of Practice for the Control of Refrigerant Gases during Manufacture, Installation, Servicing or Decommissioning of Motor Vehicle Air Conditioners

136 Offence—contravention of licence condition

(1) A person commits an offence if the person:

(a) holds a licence granted under this Subdivision; and

(b) engages in conduct; and

Penalty: 10 penalty units.

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

Subdivision 6A.2.3—Refrigerant authorisations

140 Grant of authorisations

(1) A relevant authority may, on application:

(a) grant a refrigerant trading authorisation to a person, permitting the person to acquire, store or dispose of a refrigerant other than halon; or

(b) grant an RAC equipment manufacturing authorisation to a corporation, permitting the corporation to acquire refrigerant other than halon for use in the manufacture of RAC equipment; or

(i) recover refrigerant from RAC equipment; and

(ii) store the refrigerant; and

(iii) dispose of the refrigerant by causing it to be given to the operator of a refrigerant destruction facility.

Note: Regulation 121 also applies to an application.

(3) The authority must not grant an authorisation unless it is satisfied that:

(a) the applicant has business premises that are equipped and operating so as to be able to handle, and prevent avoidable emissions of, a refrigerant; and

(b) if the application is for a refrigerant trading authorisation—the applicant is able to ensure that a refrigerant is handled only by:

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

(ii) if the refrigerant is handled on board an AMSA vessel—the holder of an AMSA certificate or the holder of an appropriate licence granted under regulation 131, 133 or 134.

(c) if the application is for an RAC equipment manufacturing authorisation—the applicant is able to ensure that, at all times, persons engaged in a phase of manufacture that could result in the emission of a refrigerant are supervised by the holder of an appropriate licence granted under regulation 131 or 133; and

(d) if the application is for a restricted refrigerant trading authorisation—the applicant is able to ensure that, at all times, persons engaged in removing refrigerant from RAC equipment hold a licence granted under regulation 131, 133 or 134 that entitles the holder to remove refrigerant from RAC equipment.

Note: An applicant who conducts business from a vehicle is eligible for an authorisation under paragraph (3)(a): see definition of premises in subsection 7(1) of the Act.

(5) If the authority grants an authorisation to a person, it must give the person a document setting out the details of the authorisation.

141 Conditions on authorisations

(1) Subject to subregulations (1A) and (1B), an authorisation granted under this Subdivision is subject to the conditions that the holder:

(a) keeps up‑to‑date records showing the amounts, if any, of refrigerant bought, recovered, sold and otherwise disposed of during each quarter; and

(b) 14 days or less after receiving a request in writing by the relevant authority, sends to the authority copies of the records mentioned in paragraph (a); and

(c) ensures that each item of the holder’s equipment that is necessary to prevent avoidable emissions of refrigerant is operating correctly; and

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

(i) leak detectors;

(ii) vacuum pumps;

(iii) recovery units; and

(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:

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

(ii) if the refrigerant is handled on board an AMSA vessel—the holder of an AMSA certificate or the holder of an appropriate licence granted under regulation 131, 133 or 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; and

(l) for a restricted refrigerant trading authorisation—ensures that any refrigerant in the holder’s possession is handled only by the holder of a licence granted under regulation 131, 133 or 134 that entitles the holder to handle the refrigerant in the way in which it is being handled; and

(m) keeps records for each quarter that set out the following:

(i) details of any checks, any maintenance and any other action undertaken for paragraphs (c), (d) and (e);

(ii) for each licensee who handles refrigerant that is in the possession of the holder—the licensee’s name and the number allocated to the licensee’s licence by the relevant authority;

(iii) the dates on which cylinders for the storage and transport of compressed gases were tested for paragraph (g); and

(n) if requested by written notice from the relevant authority, sends to the authority, no more than 14 days after receiving the request, a copy of a report that contains the records for the previous quarter; and

(o) for a refrigerant trading authorisation or a restricted refrigerant trading authorisation—includes the number allocated to the authorisation by the relevant authority on:

(i) any advertising placed after 1 July 2009 for services the provision of which would not be permitted without the authorisation; and

(ii) any invoices, receipts and quotes for work carried out under the authorisation.

(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.

(2) It is also a condition of a refrigerant trading authorisation that the holder accepts any surrendered refrigerant or scheduled substance that appears to be intended for use in RAC equipment.

(3) The relevant authority may specify that an authorisation is subject to a condition and must set out the condition on:

(a) the authorisation document; or

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

(4) A notice for paragraph (3)(b) may be given at any time.

142 Offence—contravention of condition on authorisation

(1) A person commits an offence if the person:

(a) holds an authorisation granted under this Subdivision; and

(b) engages in conduct; and

Penalty: 10 penalty units.

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

Subdivision 6A.2.4—Halon special permit

Note: Regulation numbers 144 to 149 (inclusive) are intentionally not used.

150 Application for halon special permit

(1) The Minister may, on application, grant to a person a permit, in writing, entitling him or her to possess halon that is, or is to be, used in RAC equipment.

Note: Regulation 121 also applies to an application.

(3) The Minister may grant a halon special permit to a person only if the Minister 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

(i) practicable; and

(ii) available at a reasonable cost; and

(iii) safe; and

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

Note: Regulation numbers 151 to 199 (inclusive) are reserved for future use.

Division 6A.3—Methyl bromide

Subdivision 6A.3.1—Preliminary

200 Definitions for Division 6A.3

In this Division:

allocated amount has the meaning given by regulation 211.

exempt person, for a year, means a person who is shown as an exempt person on the Non‑QPS Exemption List for the year.

exempt use, in relation to an exempt person and a year, means the use that is shown for the exempt person on the Non‑QPS Exemption List for the year.

feedstock permit means a permit granted under regulation 242.

nominated supplier means:

(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

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

Non‑QPS Exemption List means:

(a) for the year 2005—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2005, 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 15 September 2006; and

(c) for the year 2007—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2007, published by the Department, as in force on 1 January 2007; and

(d) for the year 2008—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2008, published by the Department, as in force on 1 January 2008; and

(e) for the year 2009—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2009, published by the Department, as in force on 1 January 2009; and

(f) for the year 2010—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2010, published by the Department, as in force on 1 January 2010; and

(g) for the year 2011—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2011, published by the Department, as in force on 1 January 2011; and

(h) for the year 2012—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2012, published by the Department, as in force on 1 January 2012; and

(i) for the year 2013—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2013, published by the Department, as in force on 1 January 2013; and

(j) for the year 2014—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2014, published by the Department, as in force on 1 January 2014; and

(k) for the year 2015—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2015, published by the Department, as in force on 1 January 2015; and

(l) for the year 2016—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2016, published by the Department, as in force on 1 January 2016; and

(m) for the year 2017—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2017, published by the Department, as in force on 1 January 2017; and

(n) for the year 2018—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2018, published by the Department, as in force on 1 January 2018.

Note: The Non‑QPS exemption lists can be viewed at the Department’s website at http://www.environment.gov.au.

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

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.

202 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 for:

(a) storage of records relating to the sale or use of methyl bromide; or

(b) storage of methyl bromide.

Subdivision 6A.3.2—Restrictions on the use and sale of methyl bromide

Note: Regulation numbers 203 to 209 (inclusive) are intentionally not used.

210 Application of Subdivision

This Subdivision applies in relation to methyl bromide that is imported on or after 1 January 2005.

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) in respect of the person’s exempt use is the person’s allocated amount for that supplier and the use for the year to which the Non‑QPS Exemption List relates.

212 Offence—using methyl bromide for non‑QPS applications

(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.

Penalty: 10 penalty units.

(2) An exempt person is guilty of an offence if, during a year, the amount of methyl bromide that the person uses, or that is used on the person’s behalf, for non‑QPS applications is more than the total of the person’s allocated amounts for the year.

Penalty: 10 penalty units.

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

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

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 in 2005, 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; and

(c) for the year 2007—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2007, published by the Department, as in force on 1 January 2007; and

(d) for the year 2008—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2008, published by the Department, as in force on 1 January 2008; and

(e) for the year 2009—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2009, published by the Department, as in force on 1 January 2009; and

(f) for the year 2010—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2010, published by the Department, as in force on 1 January 2010; and

(g) for the year 2011—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2011, published by the Department, as in force on 1 January 2011; and

(h) for the year 2012—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2012, published by the Department, as in force on 1 January 2012; and

(i) for the year 2013—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2013, published by the Department, as in force on 1 January 2013; and

(j) for the year 2014—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2014, published by the Department, as in force on 1 January 2014; and

(k) for the year 2015—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2015, published by the Department, as in force on 1 January 2015; and

(l) for the year 2016—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2016, published by the Department, as in force on 1 January 2016; and

(m) for the year 2017—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2017, published by the Department, as in force on 1 January 2017; and

(n) for the year 2018—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2018, published by the Department, as in force on 1 January 2018.

Note: The Non‑QPS intermediate supplier lists can be viewed at the Department’s website at http://www.environment.gov.au.

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

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

(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.

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

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

Subdivision 6A.3.3—Record keeping requirements

Note: Regulation numbers 217 to 219 (inclusive) are intentionally not used.

220 Records of sale

(1) A person (the supplier) who sells methyl bromide to another person (the buyer) must keep a record of the sale, in an approved form and signed by the supplier, that contains the following:

(a) the name and ABN (if any) of the supplier;

(b) the name, address, telephone number and ABN (if any) of the buyer;

(d) the amount of methyl bromide sold;

(e) a declaration, signed by the buyer, stating the following in relation to the amount of methyl bromide sold:

(i) how much is to be used for non‑QPS applications;

(ii) how much is to be used for QPS applications;

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

Penalty: 10 penalty units.

(2) The supplier must retain the record of sale for 5 years from the date of the sale.

Penalty: 10 penalty units.

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

(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.

221 Records of use—QPS and non‑QPS applications

(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 information mentioned in subregulation (2).

Penalty: 10 penalty units.

(2) For subregulation (1), the following information must be recorded in relation to each occasion on which methyl bromide is used (each fumigation) by the person for a QPS or non‑QPS application:

(a) the name and address of the person;

(b) the date of the fumigation;

(d) if the fumigation is a non‑QPS application:

(i) the kind of produce for which, or to which, the methyl bromide is applied; and

(ii) the dosage rate at which the methyl bromide is applied; and

(iii) the methyl bromide/chloropicrin ratio used; and

(iv) the number of hectares fumigated or the number of containers, and the volume of each container, fumigated; and

(v) if the person is a contractor—the name and address of the exempt person for whom the fumigation was carried out;

(e) if the fumigation is a QPS application:

(i) the kind of QPS application; and

(ii) the commodity or pest fumigated; and

(iii) any reference number issued to the person by a Commonwealth, State or Territory authority in relation to the fumigation.

(3) A record of the information mentioned in subregulation (2) must be retained for 5 years from the date of the fumigation to which the record relates.

Penalty: 10 penalty units.

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

(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.

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

(1) A person who uses methyl bromide for a QPS or non‑QPS application must keep a record (a summary record) in accordance with subregulation (1A) that summarises the information in the record kept under regulation 221.

Penalty: 10 penalty units.

(1A) The summary record must:

(a) be kept in accordance with the approved form; and

(b) relate to each period of 6 months commencing on 1 January and 1 July in each year during which the person uses methyl bromide for a QPS or non‑QPS application.

(2) The person must retain the summary record for 5 years from the end of the 6‑month period to which the record relates.

Penalty: 10 penalty units.

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

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

Penalty: 10 penalty units.

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;

(d) what, if any, measures were taken to minimise methyl bromide emissions.

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.

(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.

Subdivision 6A.3.4—Reporting requirements

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

230 Reports to be given by suppliers

(1) A person (the supplier) who sells methyl bromide must, within 14 days after the end of a quarter, give the Minister a report that sets out:

(a) the name and ABN (if any) of the supplier; and

(b) in relation to each sale of methyl bromide made by the supplier in the quarter:

(i) the date of sale; and

(ii) the name and ABN (if any) of the buyer; and

(iii) the amount of methyl bromide sold; and

(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

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.

231 Reports to be given by exempt persons

(1) An exempt person for a year must, within 14 days after the end of a report period in the year, give the Minister a report for the period that:

(a) is in an approved form; and

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

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

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

(b) in relation to each occasion on which methyl bromide is used (each fumigation) by, or on behalf of, the exempt person for a non‑QPS application in the report period:

(i) the date of the fumigation; and

(ii) the amount of methyl bromide used; and

(iii) the kind of produce for which, or to which, the methyl bromide was applied; and

(iv) the methyl bromide/chloropicrin ratio used; and

(v) the dosage rate at which the methyl bromide was applied; and

(vi) the number of hectares fumigated or the number of containers, and the volume of each container, fumigated; and

(vii) if the fumigation was carried out by a contractor—the name, address, telephone number and ABN (if any) of the contractor; and

(c) if no methyl bromide was used by, or on behalf of, the exempt person for non‑QPS applications in the report period, a statement to that effect.

(3) In this regulation:

report period means a period of 6 months commencing on 1 January or 1 July.

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

232 Report about stockpiles of methyl bromide

(1) If a person buys methyl bromide on or after 1 January 2005, he or she must, within 14 days after the end of the first quarter in which the person buys the methyl bromide, give the Minister a report that sets out how much methyl bromide the person possessed immediately before the purchase.

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.

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 Minister in an approved form; and

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

(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

(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

(ea) a description of the process in which the methyl bromide will be used to manufacture the chemical or chemicals; 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 Minister:

(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 Minister has not made a decision about the application, the Minister is taken to have refused the application.

242 Grant of feedstock permits

(1) The Minister must grant a feedstock permit to a person who makes an application under regulation 241 if the Minister 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

(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

(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.

244 Cancellation and suspension of feedstock permits

(1) The Minister 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 Minister 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

(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 Minister:

(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).

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 that a person is approved to operate under regulation 306.

destruction equipment means equipment used for the destruction of extinguishing agents.

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;

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.

Penalty: 10 penalty units.

(1A) Subregulation (1) does not apply to a person if:

(a) the fire protection equipment is or will be installed in an aircraft; and

(b) the person handles the equipment for the purpose of installing or removing the equipment; and

(i) is, under Part 66 of the Civil Aviation Safety Regulations 1998 (which is about aircraft engineer licences), a category A licence holder, a category B1 licence holder or a category B2 licence holder; and

(ii) has achieved the unit of competency CPPFES2043A Prevent ozone depleting substance and synthetic greenhouse gas emissions.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A)—see subsection 13.3(3) of the Criminal Code.

(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

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

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; or

(e) approved to conduct a trial of a facility under regulation 307.

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

(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

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

(e) the person is approved to conduct a trial of a facility under regulation 307.

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:

(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

(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.

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

(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

(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

(d) if the facility was the subject of a trial under regulation 307—information about the results of the trial.

(3) An application must be accompanied by the fee mentioned for the approval in regulation 345.

(4) The Minister may approve a person to operate a facility only if the Minister 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.

307 Trial of facility for destroying extinguishing agent

(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

(3) The approval is subject to the condition that the destruction equipment is fit for the purpose for which it is to be used.

(4) The Minister may at any time impose, or vary, other conditions in writing on the approval of a person to conduct a trial, including conditions relating to the following:

(a) when the trial may be conducted;

(b) the volume of SGGs or ODSs that may be destroyed in the trial;

(5) In this regulation:

ODS has the meaning given by section 65A of the Act.

Subdivision 6A.4.2—Fire protection industry permits

Note: Regulation numbers 308 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

(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 individual to be identified, unless the individual’s name is included in a business or trading name.

(ii) disclose confidential information; and

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

(g) if requested by an employer of a holder of a fire protection industry permit, disclose to the employer the following information about the holder’s permit:

(i) the type of permit held;

(ii) the expiry date for the 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

(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 an approved form; and

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

Note: Application fees for Part 6A are set out in Division 6A.4A.

(c) include the information needed by the Board to decide the application, including the information required by subregulations (1A) and (1B).

(1A) The application must include:

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

Note: Relevant standards are set out in Table 326.

(d) the name of the applicant’s employer (if any); and

(e) for an application for an extinguishing agent trading authorisation—evidence that the applicant will meet the requirements mentioned in subregulation 331(3); and

(f) for an application for a halon special permit—evidence that the applicant will meet the requirements mentioned in subregulation 341(3).

(1B) However, if:

(a) the applicant holds a fire protection industry permit (the current permit) at the time the application is made; and

(b) the current permit and the permit for which the application is made are the same type of fire protection industry permit; and

then, instead of the details or evidence required by a paragraph of subregulation (1A), the application may include:

(d) if there has been a change in relation to the matter mentioned in the paragraph since the application for the current permit was made—evidence of the change; or

(e) confirmation that there has been no change in relation to the matter mentioned in the paragraph since the application for the current permit was made.

(1C) Without limiting the information the Board may take into account in deciding whether to grant a fire protection industry permit, if subregulation (1B) applies in relation to the application for the permit, the Board may take into account any information previously provided by the applicant.

(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:

(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.

314 Requirement for grant of fire protection industry permit

The Fire Protection Industry (ODS & SGG) Board must not grant a fire protection industry permit to a person unless the Board is satisfied that:

(a) granting the permit is not contrary to Australia’s international obligations, or the Commonwealth’s policies, relating to the use or disposal of scheduled substances; and

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

314A Period for which permit is in force

A fire protection industry permit is in force:

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

(b) for a period of no more than 36 months specified in writing by the Board.

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; or

(c) for an extinguishing agent trading authorisation—does not meet the requirements mentioned in subregulation 331(3); or

(d) for a halon special permit—does not meet the requirements mentioned in subregulation 341(3).

(1A) The Minister may suspend a fire protection industry permit:

(a) for a fixed period; or

(b) until the Minister is satisfied on reasonable grounds that:

(i) a thing that contributes to the grounds for the suspension is remedied; and

(ii) if the thing is required to be remedied in a stated way—the thing is remedied in that way or in a way that is equally effective.

(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

(i) for a suspension for a fixed period—the period of the suspension; or

(ii) for a suspension mentioned in paragraph (1A)(b)—the date the suspension begins and that the permit is suspended until a stated thing is remedied.

(2A) A notice that contains a statement mentioned in subparagraph (2)(c)(ii) may also state how the thing is to be remedied.

(2B) For a permit that is suspended until a stated thing is remedied, the holder must tell the Minister in writing when, and how, the thing is remedied.

(2C) If the Minister decides that the thing is remedied:

(a) the Minister must give the holder a notice stating that the Minister is satisfied that the thing is remedied; and

(b) the suspension ends on the day after the day the holder is given the notice.

(2D) If the Minister decides that the thing is not remedied, the Minister must give the holder a notice stating that the Minister is not satisfied that the thing is remedied.

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:

(i) to suspend or cancel a permit; or

(ii) that a thing that contributes to the grounds for a suspension of a permit is not remedied.

(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) Before making a decision under subregulation (3), the Board or Minister may ask the applicant in writing to give the Board or Minister further information that the Board or Minister reasonably needs to make the decision.

(5) If the Board or Minister asks for further information under subregulation (4), the period starting on the day the written request is made and ending on the day the applicant gives the information is not to be counted for subregulation (7).

(6) However, if the applicant does not give the Board or Minister the information before the thirtieth day after the day the written request is made, that day and each day after that is to be counted for subregulation (7).

(7) If the Board or Minister does not confirm, vary or reverse a decision within 60 days after the day the Board or Minister receives an application for reconsideration of the decision, 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

(4) If the Fire Protection Industry (ODS & SGG) 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

(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	PRMPFES44A Interpret installation requirements for gaseous fire suppression systems
		(c) to install and disconnect any interconnections to other gaseous system containers; and	PRMPFES45A Install gaseous agent containers and actuation devices
		(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	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	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
		(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	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
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.

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

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, 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.

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

(i) is fit for its purpose; and

(iii) is appropriately maintained; and

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

(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.

(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 1851‑2005	Maintenance of fire protection equipment – Portable fire extinguishers and fire blankets
2	AS 1851‑2005	Maintenance of fire protection equipment – Halon 1301 total flooding systems
3	AS 1851‑2005	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
9	ISO 14520	Gaseous fire extinguishing systems – Physical properties and system design

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 that is for use, or has been used, in fire protection equipment.

Note: Regulation 313 also applies to an application.

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

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

(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.

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

(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.

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.

(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

(i) practicable; and

(ii) available at a reasonable cost; and

(iii) safe; and

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

(5) The Board may put a condition on a halon special permit.

Example 1: A condition about the purpose for which the halon is to be used.

Example 2: A condition about the people who are allowed to deal with the halon when it is in the permit‑holder’s possession.

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

as specified in the exemption.

(1A) An application for a special circumstances exemption must be accompanied by the fee mentioned for the exemption in regulation 345.

(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

(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.

Division 6A.4A—Application fees for Part 6A

343 RAC industry permit application fees

For paragraph 121(1)(c), the following application fees are specified:

(a) for a refrigerant handling licence granted under Subdivision 6A.2.2:

(i) if the application is for a trainee licence only—$26; and

(ii) if the application is for one licence only, other than a trainee licence, that is to be in force for 12 months or less—$65; and

(iv) in any other case, if the application is for one or more licences under Subdivision 6A.2.2—$130;

(b) for a refrigerant trading authorisation or an RAC equipment manufacturing authorisation granted under paragraph 140(1)(a) or (b) or both:

(i) if the application is for an authorisation that is to be in force for 12 months or less—$210; and

(ii) in any other case—$420;

(d) for a halon special permit granted under regulation 150—$250.

344 Fire protection industry permit application fees

For paragraph 313(1)(b), the following application fees are specified:

(a) for an extinguishing agent handling licence granted under Subdivision 6A.4.3:

(i) if the application is for one licence which is to be in force for 12 months or less—$125; or

(ii) in any other case—$250;

(b) for an extinguishing agent trading authorisation granted under regulation 331—$420;

345 Other application fees in relation to fire protection

The following fees are specified for other fire protection applications:

(a) for approval to operate an extinguishing agent destruction facility granted under regulation 306—$300;

(b) for a special circumstances exemption granted under regulation 342—$200.

346 Increases for certain Part 6A application fees

(1) This regulation applies to:

(a) a fee mentioned in regulation 343 or 344 that is in force on 30 September of a calendar year; and

(b) an increase to take effect on or after 1 January 2014.

(2) If, for a calendar year, the latest WPI number is greater than the earlier WPI number, the fee is taken to increase, on 1 January of the next calendar year, in accordance with the following formula:

(3) If a fee increased under subregulation (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar.

(4) If the amount to be rounded is 50 cents, the amount is to be rounded up.

(5) In this regulation:

earlier WPI number, for a calendar year, means the WPI number published in respect of the September quarter before the calendar year begins.

September quarter means a period of 3 months ending at the end of September.

latest WPI number, for a calendar year, means the WPI number published in respect of the September quarter that occurs during the calendar year.

WPI number means the Wage Price Index number (the original number for all sectors in Australia for the total hourly rates of pay excluding bonuses) published by the Australian Statistician.

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

400 Discharge of scheduled substances (Act s 45B)

(1) 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

(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; or

(g) the substance is being tested to determine what the substance is, the composition of the substance or the physical or chemical properties of the substance.

(2) A person may also discharge a scheduled substance if:

(a) the person is approved to:

(i) operate a facility under regulation 114 or 306; or

(ii) conduct a trial of a facility under regulation 115 or 307; and

(b) the discharge:

(i) occurs as a result of the facility operating, or the trial of the facility being conducted, in accordance with the approval relating to the facility or trial; or

(ii) is an accidental discharge that occurs while the facility is operating, or the trial of the facility is being conducted, in accordance with the approval relating to the facility or trial.

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.

Part 7—Reports and records

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

900 Periodic reports by manufacturers, importers, exporters and destroyers of scheduled substances and equipment

(1) For subsection 46(1) of the Act, a report given by a person to the Minister, must be prepared in accordance with this regulation.

(2) The person must keep a copy of the report for 5 years from the date the report is submitted to the Minister.

(3) The report must state the following:

(a) the name and address of the person;

(b) the combination of numbers, letters or symbols used to provide a unique identifier for the licence (if any) granted to the person under section 16 of the Act;

(d) the information required by the following table.

Information to be included in report
Item	Column 1 If the following provision of the Act applies to the report (taking into account the exceptions in that provision) …	Column 2 the report must include the following information …
1	item 1 or 2 of the table in subsection 46(1) of the Act (manufacturing, importing, exporting or destroying a scheduled substance, including an SGG)	(a) each scheduled kind of scheduled substance that the person manufactured, imported, exported or destroyed during the reporting period; (b) for each of those scheduled kinds of scheduled substances—the total amount, in metric tonnes, of scheduled substance that the person manufactured, imported, exported or destroyed during the reporting period.
2	item 3 of the table in subsection 46(1) of the Act (importing ODS equipment or SGG equipment)	(a) the categories of ODS equipment or SGG equipment mentioned in subregulation (5) that the person imported during the reporting period; (b) for each of those categories of equipment—the total number of units of the equipment that the person imported during the reporting period; (c) for each of those categories of equipment—the total amount, in metric tonnes, of each scheduled kind of the following scheduled substances contained in the equipment in that category that the person imported during the reporting period: (i) HCFC; (ii) HFC; (iii) nitrogen trifluoride; (iv) PFC; (v) sulfur hexafluoride.
3	item 4 of the table in subsection 46(1) of the Act (a Schedule 4 activity or a section 69G activity)	(a) the categories of equipment mentioned in subregulation (5) or (6) manufactured or imported as part of the Schedule 4 activities and section 69G activities that the person engaged in during the reporting period; (b) the scheduled kinds of scheduled substances contained in that equipment; (c) for each of those scheduled kinds of scheduled substances—the total amount, in metric tonnes, of scheduled substance contained in that equipment.

(4) A scheduled kind of a scheduled substance is a kind of the scheduled substance specified by an item of the relevant table in Schedule 1 to the Act.

(5) For the purposes of column 2 of items 2 and 3 of the table in subregulation (3), the categories of ODS equipment or SGG equipment are as follows:

(a) commercial use air‑conditioning excluding heat pumps;

(b) domestic use air‑conditioning excluding heat pumps;

(d) commercial or domestic use heat pumps;

(e) commercial use refrigeration;

(f) domestic use refrigeration;

(g) motor vehicle, watercraft or aircraft refrigeration;

(h) expanding polyurethane foam aerosols;

(i) food, household and personal use aerosols;

(j) industrial, safety or technical use aerosols excluding fire protection equipment mentioned in paragraph (q) or (r);

(k) metered dose inhalers;

(l) novelty use aerosols or any other aerosol not mentioned in paragraphs (h) to (k);

(m) consumer goods not mentioned in paragraphs (h) to (l);

(n) electrical switchgear;

(o) components and parts that contain ODS equipment or SGG equipment;

(p) medical, scientific, or electrical equipment not mentioned in any other paragraph;

(q) fixed systems and components for fire protection not mentioned in any other paragraph;

(r) portable extinguishers for fire protection not mentioned in any other paragraph.

(6) For the purposes of column 2 of item 3 of the table in subregulation (3), the categories of equipment are as follows:

(a) dry cleaning machinery;

(b) automotive air‑conditioning maintenance kits;

(d) aerosol equipment;

(e) equipment containing halon;

(f) rigid polyurethane foam equipment;

(g) moulded flexible polyurethane foam;

(h) disposable containers of CFCs;

(i) refrigeration and air‑conditioning equipment containing CFCs;

(j) refrigeration and air‑conditioning equipment containing HCFCs.

(7) The report may also include the following information:

(a) both:

(i) the kinds of SGGs that the person manufactured or imported during the reporting period under a permit granted to the person under regulation 3A; and

(ii) for each of those kinds of SGGs—the total amount, in metric tonnes, of SGGs of that kind that the person manufactured or imported during the reporting period under the permit;

(b) both:

(i) the kinds of SGGs that the person manufactured or imported during the reporting period in accordance with regulation 3AA; and

(ii) for each of those kinds of SGGs—the total amount, in metric tonnes, of SGGs of that kind that the person manufactured or imported during the reporting period in accordance with that regulation.

Part 8—Enforcement

906 Definitions for this Part

In this Part:

appointed inspector means a person appointed as an inspector under section 49 of the Act.

contravene a provision subject to an infringement notice under this Part means:

(a) commit an offence against a provision mentioned in paragraph 65AA(1)(a) of the Act; or

(b) contravene a civil penalty provision.

907 When an infringement notice may be given

(1) If an appointed inspector has reasonable grounds to believe that a person has contravened a provision subject to an infringement notice under this Part, the appointed inspector may give to the person an infringement notice for the alleged contravention.

(2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

(3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies.

(4) An appointed inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:

(a) the provision requires the person to do a thing within a particular period or before a particular time; and

(b) the person fails or refuses to do that thing within that period or before that time; and

(d) each contravention is constituted by the failure or refusal on one of those days.

Note: For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

(5) If a single provision can constitute both a civil penalty provision and an offence provision, the infringement notice must relate to the provision as an offence provision.

908 Matters to be included in an infringement notice

(1) An infringement notice must:

(a) be identified by a unique number; and

(b) state the day on which it is given; and

(d) state the name and contact details of the person who gave the notice, and that the person is an appointed inspector for the purposes of issuing the infringement notice; and

(e) give brief details of the alleged contravention, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose if the provision were contravened; and

(iii) the time (if known) and day of, and the place of, the alleged contravention; and

(f) state the amount that is payable under the notice; and

(g) give an explanation of how payment of the amount is to be made; and

(h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn):

(i) if the provision is an offence provision and does not also constitute a civil penalty provision—the person will not be liable to be prosecuted in a court for the alleged contravention; or

(ii) if the provision is an offence provision that can also constitute a civil penalty provision—the person is not liable to be prosecuted in a court, and proceedings seeking a civil penalty order will not be brought, in relation to the alleged contravention; or

(iii) if the provision is a civil penalty provision—proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and

(i) state that payment of the amount is not an admission of guilt or liability; and

(j) state that the person may apply to the Secretary to have the period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and, if the person does so:

(i) if the provision is an offence provision and does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or

(ii) if the provision is an offence provision and can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or

(iii) if the provision is a civil penalty provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn:

(i) if the provision is an offence provision and does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or

(iii) if the provision is a civil penalty provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

(n) state that the person may make written representations to the Secretary seeking the withdrawal of the notice.

(2) The amount to be stated in the notice for the purposes of paragraph (1)(f) for the alleged contravention of the provision by the person must be the lesser of:

(a) one‑fifth of the maximum penalty that a court could impose on the person for that contravention; and

(b) 12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.

909 Extension of time to pay amount

(1) A person to whom an infringement notice has been given may apply to the Secretary for an extension of the period referred to in paragraph 908(1)(h).

(2) If the application is made before the end of that period, the Secretary may, in writing, extend that period. The Secretary may do so before or after the end of that period.

(3) If the Secretary extends that period, a reference in this Part, or in a notice or other instrument under this Part, to the period referred to in paragraph 908(1)(h) is taken to be a reference to that period so extended.

(4) If the Secretary does not extend that period, a reference in this Part, or in a notice or other instrument under this Part, to the period referred to in paragraph 908(1)(h) is taken to be a reference to the period that ends on the later of the following days:

(a) the day that is the last day of the period referred to in paragraph 908(1)(h);

(b) the day that is 7 days after the day the person was given notice of the Secretary’s decision not to extend.

(5) The Secretary may extend the period more than once under subregulation (2).

910 Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may make written representations to the Secretary seeking the withdrawal of the notice.

Withdrawal of notice

(2) The Secretary may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

(3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the Secretary:

(a) must take into account any written representations seeking the withdrawal that were given by the person to the Secretary; and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Part;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Part if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

(iv) any other matter the Secretary considers relevant.

Notice of withdrawal

(4) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:

(a) the person’s name and address; and

(b) the day the infringement notice was given; and

(d) that the infringement notice is withdrawn; and

(e) that:

(i) if the provision is an offence provision and does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or

(iii) if the provision is a civil penalty provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

(5) If:

(a) the Secretary withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

911 Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice to the Commonwealth before the end of the period referred to in paragraph 908(1)(h):

(a) any liability of the person for the alleged contravention is discharged; and

(b) if the provision is an offence provision and does not also constitute a civil penalty provision—the person may not be prosecuted in a court for the alleged contravention; and

(c) if the provision is an offence provision and can also constitute a civil penalty provision—the person may not be prosecuted in a court, and proceedings seeking a civil penalty order may not be brought, in relation to the alleged contravention; and

(d) if the provision is a civil penalty provision—proceedings seeking a civil penalty order may not be brought in relation to the alleged contravention; and

(e) the person is not regarded as having admitted guilt or liability for the alleged contravention; and

(f) if the provision is an offence provision—the person is not regarded as having been convicted of the alleged offence.

(2) Subregulation (1) does not apply if the notice has been withdrawn.

912 Effect of this Part

This Part does not:

(a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Part; or

(b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Part if:

(i) the person does not comply with an infringement notice given to the person for the contravention; or

(ii) an infringement notice is not given to the person for the contravention; or

(iii) an infringement notice is given to the person for the contravention and is subsequently withdrawn; or

(c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Part; or

(d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Part.

Part 9—Miscellaneous

916 Delegation by Secretary

(1) The Secretary may, in writing, delegate all or any of his or her functions or powers under these Regulations to:

(a) an SES employee or acting SES employee in the Department; or

(b) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.

918 Licence levy threshold

For the purposes of subsection 69(3) of the Act, $330 is prescribed.

920 Application for remission and refund of import levy—SGGs

(1) For paragraphs 69AA(1)(c) and (4)(c) of the Act, a licensee must apply, in writing, to the Minister.

(2) An application must be accompanied by the following information:

(a) evidence the levy imposed by section 3A of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of an SGG by a licensee was paid;

(b) for paragraph 69AA(1)(d) of the Act—evidence that the licensee exported the SGG within 12 months after the import of the SGG;

(c) for paragraph 69AA(4)(d) of the Act—evidence that the licensee sold the SGG to another person and the other person exported the SGG within 12 months after the import of the SGG.

921 Application for remission and refund of import levy—SGG equipment

(1) For paragraphs 69AB(1)(c) and 69AB(5)(c) of the Act, a licensee must apply, in writing, to the Minister.

(2) An application must be accompanied by the following information:

(a) evidence the levy imposed by section 4A of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of SGG equipment by a licensee was paid;

(b) for paragraph 69AB(1)(d)—evidence that the licensee exported the equipment within 12 months after the import of the equipment;

(c) for paragraph 69AB(5)(d) of the Act—evidence that the licensee sold the equipment to another person and the other person exported the equipment within 12 months after the import of the equipment.

922 Application for remission and refund of manufacture levy—SGGs

(1) For paragraphs 69AC(1)(c) and 69AC(4)(c), a licensee must apply, in writing, to the Minister.

(2) An application must be accompanied by the following information:

(a) evidence the levy imposed by section 3A of the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 in respect of the manufacture of an SGG by a licensee was paid;

(b) for paragraph 69AC(1)(d)—evidence that the licensee exported the SGG within 12 months after the manufacture;

(c) for paragraph 69AC(4)(d)—evidence that the licensee sold the SGG to another person and the other person exported the SGG within 12 months after the manufacture of the SGG.

Part 10—Transitional provisions

Division 1—Amendments made by the Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013

950 Application of amendment of subregulation 3C(5)

The amendment of subregulation 3C(5) made by Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013 applies in relation to applications for ODS/SGG equipment licences that are made on or after the commencement of the amendment.

951 Saving of licences granted under regulations 131 and 134

The amendments of regulations 131 and 134 made by Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013 do not affect the validity of a licence granted under either of those regulations before the commencement of that Schedule.

952 Application of regulation 133

Regulation 133, as in force immediately after the commencement of Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013, applies, and is taken always to have applied, to the grant of licences on and after 1 January 2005.

953 Application of amendments affecting regulations 102, 122, 243 and 314

(1) This regulation deals with the application of the following amendments made by Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013:

(a) the addition of regulation 102;

(b) the repeal and substitution of regulations 122 and 314;

(2) The amendments apply in relation to:

(a) the grant of permits as a result of applications made after the commencement of that Schedule; and

(b) the cancellation and suspension of permits after that commencement (whether the permits were granted before, on or after that commencement).

954 Application of amendment of subregulation 5(2)

The amendment of subregulation 5(2) made by Schedule 3 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013 applies in relation to records created before, on or after the commencement of the amendment.

955 Application of Part 8

Part 8 applies in relation to contraventions of provisions subject to an infringement notice under that Part whether the contraventions occurred before, on or after the commencement of that Part.

Division 2—Amendments made by the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 1) Regulations 2017

956 Application of amendments made by item 6 of Schedule 1

The amendments made by item 6 of Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 1) Regulations 2017 apply in relation to importing ODS equipment or SGG equipment on or after the commencement of this regulation.

957 Transitional provision—approved forms

For the purposes of these Regulations, if:

(a) the Minister approved a form under a provision of these Regulations; and

(b) the approval was in force immediately before the commencement of this regulation;

the approval has effect from that commencement as if it had been made under section 66A of the Act, as amended by Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment Act 2017, for the purposes of the provision mentioned in paragraph (a) of this regulation.

958 Transitional provision—delegations

(1) A delegation:

(a) made under subregulation 913(1); and

(b) in force immediately before the commencement of this regulation;

has effect, from that commencement, as if it had been made under subregulation 916(1) as inserted by Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 1) Regulations 2017.

(2) A direction:

(a) given under subregulation 913(2); and

(b) in force immediately before the commencement of this regulation;

has effect, from that commencement, as if it had been made under subregulation 916(2) as inserted by Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 1) Regulations 2017.

Division 3—Amendments made by the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 2) Regulations 2017

959 RAC industry permits—application provision

Despite the repeal of subregulations 130(3), 140(4) and 150(4) by the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 2) Regulations 2017, those subregulations continue to apply in relation to RAC industry permits granted before the commencement of this regulation, as if the repeals had not happened.

960 Fire protection industry permits—application provision

Despite the repeal of subregulations 321(3), 331(5) and 341(4) by the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 2) Regulations 2017, those subregulations continue to apply in relation to fire protection industry permits granted before the commencement of this regulation, as if the repeals had not happened.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
389, 1995	12 Dec 1995	12 Dec 1995 (r 1)
73, 1999	19 May 1999	19 May 1999 (r 2)	—
8, 2002	21 Feb 2002	21 Feb 2002 (r 2)	—
279, 2003	13 Nov 2003	13 Nov 2003 (r 2)	—
216, 2004	26 Feb 2004	26 Feb 2004 (r 2)	—
296, 2004	7 Sept 2004	7 Sept 2004 (r 2)	—
380, 2004	23 Dec 2004	1 Jan 2005 (r 2)	—
381, 2004	23 Dec 2004	1 Jan 2005 (r 2)	—
71, 2005	29 Apr 2005 (F2005L00953)	1 May 2005 (r 2)	—
90, 2005	27 May 2005 (F2005L01205)	28 May 2005 (r 2)	—
254, 2005	14 Nov 2005 (F2005L03476)	Sch 1: 15 Nov 2005 (r 2(a)) Remainder: 1 Jan 2006 (r 2(b))	—
237, 2006	8 Sept 2006 (F2006L02998)	15 Sept 2006 (r 2)	—
312, 2006	1 Dec 2006 (F2006L03919)	1 Jan 2007 (r 2)	—
217, 2007	23 July 2007 (F2007L02307)	24 July 2007 (r 2)	—
335, 2007	8 Oct 2007 (F2007L03917)	1 Jan 2008 (r 2)	—
136, 2008	25 June 2008 (F2008L02217)	Sch 1: 26 June 2008 (r 2(a)) Sch 2: 1 Jan 2009 (r 2(b))	—
4, 2009	9 Feb 2009 (F2009L00224)	10 Feb 2009 (r 2)	—
171, 2009	10 July 2009 (F2009L02691)	11 July 2009 (r 2)	—
64, 2010	19 Apr 2010 (F2010L00945)	20 Apr 2010 (r 2)	r 4
64, 2011	16 May 2011 (F2011L00768)	18 May 2011 (r 2)	—
256, 2011	14 Dec 2011 (F2011L02667)	15 Dec 2011 (r 2)	—
110, 2012	19 June 2012 (F2012L01257)	1 July 2012 (s 2)	—
169, 2012	13 July 2012 (F2012L01555)	14 July 2012 (s 2)	—
260, 2012	27 Nov 2012 (F2012L02267)	1 Jan 2013 (s 2)	—
261, 2012	27 Nov 2012 (F2012L02270)	1 Jan 2013 (s 2)	—
123, 2013	17 June 2013 (F2013L01022)	1 July 2013 (s 2)	—
147, 2013	28 June 2013 (F2013L01259)	1 July 2013 (s 2)	—
265, 2013	17 Dec 2013 (F2013L02135)	Sch 1: 18 Dec 2013 (s 2 item 2) Sch 2: 1 Jan 2014 (s 2 item 3) Sch 3: 1 Mar 2014 (s 2 item 4)	—
154, 2014	3 Nov 2014 (F2014L01467)	4 Nov 2014 (s 2)	—
22, 2015	17 Mar 2015 (F2015L00307)	18 Mar 2015 (s 2)	—
181, 2015	17 Nov 2015 (F2015L01811)	Sch 1 (items 1, 2): 18 Nov 2015 (s 2(1) item 2) Sch 1 (item 3): 1 July 2015 (s 2(1) item 3)	—

Name	Registration	Commencement	Application, saving and transitional provisions
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2016	13 Dec 2016 (F2016L01933)	1 Jan 2017 (s 2(1) item 1)	—
Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 1) Regulations 2017	28 July 2017 (F2017L00964)	Sch 1 (items 2–14, 16–41): 1 Aug 2017 (s 2(1) item 2) Sch 2: 1 Jan 2018 (s 2(1) item 3) Sch 3: 1 Jan 2020 (s 2(1) item 4)	—
Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 2) Regulations 2017	18 Oct 2017 (F2017L01366)	Sch 1: 1 Jan 2018 (s 2(1) item 2)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
Part 1 heading.............	ad 2004 No 296
r 1.....................	rs 1999 No 73
	am 2004 No 16
r 2.....................	rs No 16, 2004
	am No 123, 2013; F2017L00964 (Sch 3 item 1)
Part 2
Part 2...................	ad 2012 No 110
r 2AA...................	ad No 154, 2014
r 2A....................	ad No 110, 2012
	am No 123, 2013; F2017L00964
r 2B....................	ad F2017L00964
Part 3
Part 3 heading.............	ad 2004 No 296
	rs 2012 No 110
r 3.....................	am No 279, 2003
	rs No 16, 2004; No 110, 2012
	am No 123, 2013; No 147, 2013; No 154, 2014; F2017L00964 (Sch 3 item 2)
r 3A....................	ad No 16, 2004
r 3AA...................	ad No 147, 2013
	am F2017L00964
r 3B....................	ad No 16, 2004
r 3C....................	ad No 16, 2004
	am No 217, 2007; No 171, 2009; No 110, 2012; No 265, 2013; No 154, 2014; F2017L00964
r 3D....................	ad F2017L00964
r 3E....................	ad F2017L00964
	am F2017L00964
r 4.....................	ad 2004 No 16
	rep 2004 No 296
	ad 2005 No 71
	rs 2007 No 217
	am 2007 No 335; 2012 No 110
r 5.....................	am No 8, 2002; No 265, 2013; F2017L00964
r 6.....................	rep No 265, 2013
r 6A....................	ad No 73, 1999
	am No 16, 2004; No 217, 2007
	rs No 171, 2009
	am No 110, 2012; No 154, 2014; F2017L00964
r 7.....................	rep 2003 No 279
Part 4A
Part 4A..................	ad F2017L00964
Division 4A.1
r 40....................	ad F2017L00964
r 41....................	ad F2017L00964
Division 4A.2
r 42....................	ad F2017L00964
Division 4A.3
Subdivision 4A.3.1
r 43....................	ad F2017L00964
Subdivision 4A.3.2
r 44....................	ad F2017L00964
	am F2017L00964
r 45....................	ad F2017L00964
Subdivision 4A.3.3
r 46....................	ad F2017L00964
r 47....................	ad F2017L00964
r 48....................	ad F2017L00964
r 49....................	ad F2017L00964
r 50....................	ad F2017L00964
r 51....................	ad F2017L00964
r 52....................	ad F2017L00964
r 53....................	ad F2017L00964
Subdivision 4A.3.4
r 54....................	ad F2017L00964
Subdivision 4A.3.5
r 55....................	ad F2017L00964
r 56....................	ad F2017L00964
r 57....................	ad F2017L00964
r 58....................	ad F2017L00964
Part 5
Part 5 heading.............	rs F2017L00964
	rep F2017L00964
Part 5...................	ad No 296, 2004
	am No 64, 2011; F2017L00964
	rep F2017L00964
Division 5.1
Division 5.1 heading.........	ad No 154, 2014
	rep F2017L00964
r 70....................	ad 2011 No 64
	am 2012 No 110; No 265, 2013
	rs No 154, 2014
	rep 30 June 2015 (r 70(2))
r 71....................	ad No 154, 2014
	rep 31 Dec 2015 (r 71(2))
r 72....................	ad No 154, 2014
	rep 30 June 2016 (r 72(2))
r 73....................	ad No 154, 2014
	am No 22, 2015; No 181, 2015; F2017L00964
	rep end of 31 Dec 2019 (r 73(6)); F2017L00964
Division 5.2 heading.........	ad No 154, 2014
	rep F2017L00964
Division 5.2...............	rep F2017L00964
r 80....................	ad No 296, 2004
	rs No 217, 2007
	am F2017L00964
	rep F2017L00964
Part 6A
Part 6A..................	ad 2004 No 296
	rs 2004 No 380
Division 6A.1
Division 6A.1..............	ad 2004 No 380
r 100....................	ad 2004 No 380
	rs 2004 No 381
	am 2005 No 71
r 101....................	ad 2004 No 380
	rs 2007 No 217
r 102....................	ad No 265, 2013
Division 6A.2
Division 6A.2..............	ad 2004 No 380
Subdivision 6A.2.1
Subdivision 6A.2.1..........	ad 2004 No 380
r 110....................	ad No 380, 2004
	am No 90, 2005; No 217, 2007; No 4, 2009; No 171, 2009; 2010 No 64; No 123, 2013; F2017L00964
r 111....................	ad 2004 No 380
	am 2007 No 217; 2008 No 136
	rs 2009 No 4
	am 2009 No 171
	rs 2010 No 64
	am 2012 No 169
r 112....................	ad 2004 No 380
	am No 90, 2005; No 123, 2013
r 113....................	ad 2004 No 380
	am No 123, 2013
r 113A..................	ad 2009 No 4
	am 2009 No 171; 2010 No 64
r 114....................	ad 2004 No 380
	am No 123, 2013
r 115....................	ad No 123, 2013
Subdivision 6A.2.1A
Subdivision 6A.2.1A.........	ad No 380, 2004
	am No 123, 2013
r 120....................	ad 2004 No 380
	rs 2005 No 90
	am No 4, 2009; No 171, 2009
r 121....................	ad No 380, 2004
	am No 90, 2005; No 4, 2009
	rs No 217, 2007
	am No 64, 2010; No 260, 2012; F2017L00964; F2017L01366
r 121A..................	ad 2007 No 217
r 122....................	ad No 380, 2004
	am No 90, 2005; No 217, 2007
	rs No 265, 2013
r 122A..................	ad F2017L01366
r 123....................	ad No 380, 2004
	am No 90, 2005; No 136, 2008; No 4, 2009; No 64, 2010; F2017L00964
r 124....................	ad 2004 No 380
	am 2005 No 90; 2010 No 64
r 125....................	ad 2004 No 380
	am 2005 No 90; 2010 No 64
r 126....................	ad 2004 No 380
r 127....................	ad 2004 No 380
Subdivision 6A.2.2
Subdivision 6A.2.2..........	ad 2004 No 380
r 130....................	ad No 380, 2004
	am No 90, 2005; No 4, 2009; No 64, 2010; No 260, 2012; F2017L00964
	rs F2017L01366
r 131....................	ad 2004 No 380
	am 2005 Nos 90 and 254; 2007 No 217; 2009 No 4; 2010 No 64; No 265, 2013
r 132....................	ad 2004 No 380
	rs 2005 No 90
	rep 2010 No 64
r 133....................	ad 2004 No 380
	am 2005 No 90
	rs No 265, 2013
r 134....................	ad 2004 No 380
	am 2005 No 90
	rs 2007 No 217
	am No 265, 2013
r 135....................	ad 2004 No 380
	am 2005 No 90; 2007 Nos 217 and 335; 2008 No 136; 2009 No 4
r 136....................	ad 2004 No 380
	am 2005 No 90
	rs 2009 No 4
r 137....................	ad 2004 No 380
	rep 2009 No 4
r 138....................	ad 2005 No 90
	rep 2009 No 4
Subdivision 6A.2.3
Subdivision 6A.2.3 heading....	am No 90, 2005
	rs No 4, 2009
Subdivision 6A.2.3..........	ad No 380, 2004
	am F2017L00964
r 140....................	ad 2004 No 380
	am No 90, 2005; No 217, 2007; No 4, 2009; No 171, 2009; No 64, 2010; No 169, 2012; No 260, 2012; F2017L01366
r 141....................	ad 2004 No 380
	am 2005 No 90; 2007 No 217; No 4, 2009; No 171, 2009; 2012 No 169; F2017L01366
r 142....................	ad 2004 No 380
	rs 2009 No 4
r 143....................	ad 2005 No 90
	rep 2009 No 4
Subdivision 6A.2.4
Subdivision 6A.2.4..........	ad No 380, 2004
	am No 90, 2005
r 150....................	ad 2004 No 380
	am No 381, 2004; No 90, 2005; No 4, 2009; No 260, 2012; F2017L01366
Division 6A.3
Division 6A.3..............	ad 2004 No 381
Subdivision 6A.3.1
r 200....................	ad No 381, 2004
	am No 71, 2005; No 254. 2005; No 237, 2006; No 312, 2006; No 335, 2007; No 136, 2008; No 171, 2009; No 64, 2010; No 256, 2011; No 261, 2012; No 265, 2013; No 154, 2014; No 181, 2015; F2016L01933; F2017L00964
	ed C34
	am F2017L01366
r 201....................	ad 2004 No 381
	rs 2005 No 71
r 202....................	ad 2004 No 381
Subdivision 6A.3.2
r 210....................	ad 2004 No 381
r 211....................	ad 2004 No 381
	rs 2005 No 254; 2006 No 312
r 212....................	ad 2004 No 381
	am 2005 No 254
r 213....................	ad 2004 No 381
	rs 2005 No 254
	am 2006 No 312; 2007 No 335; 2008 No 136; 2009 No 171; 2010 No 64; 2011 No 256; 2012 No 261; No 265, 2013; No 154, 2014; No 181, 2015; F2016L01933; F2017L01366
r 214....................	ad 2005 No 71
r 215....................	ad 2005 No 71
Subdivision 6A.3.2A
Subdivision 6A.3.2A.........	ad 2007 No 217
r 216....................	ad 2007 No 217
Subdivision 6A.3.3
Subdivision 6A.3.3..........	am No 71, 2005; No 217, 2007
r 220....................	ad 2004 No 381
	am 2005 No 71; 2007 No 217
r 221....................	ad 2004 No 381
	am 2005 No 71; 2007 No 217; 2009 No 171
r 222....................	ad No 381, 2004
	am No 71, 2005; No 217, 2007; No 171, 2009; F2017L00964
r 223....................	ad No 71, 2005
	am No 217, 2007; No 4, 2009
	ed C34
Subdivision 6A.3.4
Subdivision 6A.3.4..........	am 2005 No 71
r 230....................	ad 2004 No 381
	am 2005 No 71
r 231....................	ad 2004 No 381
	am 2005 No 254
r 232....................	ad 2004 No 381
	am 2005 No 71
r 233....................	ad 2005 No 71
Subdivision 6A.3.5
Subdivision 6A.3.5..........	ad 2005 No 71
r 240....................	ad 2005 No 71
r 241....................	ad 2005 No 71
	am 2008 No 136; 2009 No 4
r 242....................	ad 2005 No 71
	am 2008 No 136
r 243....................	ad 2005 No 71
	am 2008 No 136
	rep No 265, 2013
r 244....................	ad 2005 No 71
	am 2008 No 136
r 245....................	ad 2005 No 71
	am 2008 No 136
r 246....................	ad No 136, 2008
	rep F2017L00964
Division 6A.4
Division 6A.4..............	ad 2005 No 71
Subdivision 6A.4.1
r 301....................	ad 2005 No 71
	am No 123, 2013
r 302....................	ad 2005 No 71
	am 2007 No 217; 2009 No 4; 2010 No 64; No 265, 2013
r 303....................	ad 2005 No 71
	am No 123, 2013
r 304....................	ad 2005 No 71
	am 2005 No 254; No 123, 2013
r 305....................	ad 2005 No 71
r 306....................	ad 2005 No 71
	am 2012 No 260; No 123, 2013
r 307....................	ad No 123, 2013
Subdivision 6A.4.2
Subdivision 6A.4.2..........	am No 123, 2013
r 311....................	ad 2005 No 71
	am 2009 No 4
r 312....................	ad 2005 No 71
r 313....................	ad No 71, 2005
	rs No 217, 2007
	am No 4, 2009; No 64, 2010; No 260, 2012; F2017L00964; F2017L01366
r 314....................	ad 2005 No 71
	rs No 265, 2013
r 314A..................	ad F2017L01366
r 315....................	ad No 71, 2005
	am No 136, 2008; No 64, 2010; F2017L00964
r 316....................	ad 2005 No 71
	am 2010 No 64
r 317....................	ad 2005 No 71
r 318....................	ad 2005 No 71
r 319....................	ad 2005 No 71
Subdivision 6A.4.3
r 321....................	ad 2005 No 71
	am 2012 No 260; 2010 No 64; F2017L01366
r 322....................	ad 2005 No 71
	rs 2007 No 217
	am 2007 No 335
r 323....................	ad 2005 No 71
r 324....................	ad 2005 No 71
	rs 2007 No 217
r 325....................	ad 2005 No 71
r 326....................	ad No 71, 2005
	am No 217, 2007; F2017L00964
r 327....................	ad 2005 No 71
	rep 2010 No 64
Subdivision 6A.4.4
r 331....................	ad No 71, 2005
	am No 217, 2007; No 64, 2010; No 260, 2012
	ed C34
	am F2017L01366
r 332....................	ad 2005 No 71
r 333....................	ad 2005 No 71
	rep 2010 No 64
Subdivision 6A.4.5
r 341....................	ad 2005 No 71
	am 2010 No 64; 2012 No 260; F2017L01366
r 342....................	ad 2005 No 71
	am 2007 No 217; 2012 No 260
	rep 2012 No 260
Division 6A.4A
Division 6A.4A............	am 2012 No 260
r 343....................	ad No 260, 2012
	am F2017L00964
r 344....................	ad 2012 No 260
	am F2017L01366
r 345....................	ad 2012 No 260
r 346....................	ad 2012 No 260
Division 6A.5
Division 6A.5..............	ad 2007 No 217
r 400....................	ad 2007 No 217
	am No 123, 2013
Division 6A.6
Division 6A.6..............	ad 2007 No 217
r 500....................	ad 2007 No 217
Part 7
Part 7...................	ad No 296, 2004
r 900....................	ad No 296, 2004
	am No 90, 2005
	rs No 110, 2012
	am F2017L00964 (Sch 3 items 5–7)
r 900A..................	ad No 154, 2014
	rep F2017L00964
r 901....................	ad No 296, 2004
	am No 90, 2005; No 64, 2010
	rs No 110, 2012
	am No 147, 2013; No 154, 2014
	rep F2017L00964
r 902....................	ad No 154, 2014
	rep F2017L00964
Part 8
Part 8...................	ad No 265, 2013
r 906....................	ad No 265, 2013
r 907....................	ad No 265, 2013
r 908....................	ad No 265, 2013
r 909....................	ad No 265, 2013
r 910....................	ad No 265, 2013
r 911....................	ad No 265, 2013
r 912....................	ad No 265, 2013
r 913....................	ad No 265, 2013
	rep F2017L00964
Part 9
Part 9...................	ad 2012 No 110
r 916....................	ad F2017L00964
r 918....................	ad F2017L00964
r 920....................	ad 2012 No 110
r 921....................	ad 2012 No 110
r 922....................	ad 2012 No 110
Part 10
Part 10..................	ad No 265, 2013
Division 1
r 950....................	ad No 265, 2013
r 951....................	ad No 265, 2013
r 952....................	ad No 265, 2013
r 953....................	ad No 265, 2013
r 954....................	ad No 265, 2013
r 955....................	ad No 265, 2013
Division 2
Division 2................	ad F2017L00964
r 956....................	ad F2017L00964
r 957....................	ad F2017L00964
r 958....................	ad F2017L00964
Division 3
Division 3................	ad F2017L01366
r 959....................	ad F2017L01366
r 960....................	ad F2017L01366
Schedule.................	rep No 16, 2004