Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. This Act may be cited as the Ozone Protection Act 1991.
2. (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.
3. (1) In this Act, unless the contrary intention appears—“approved course” means a course approved under section 24; “approved examination” means an examination approved under section 25; “Authority” means the Pollution Control Authority established under the Air Pollution Act 1984; “Commonwealth Act” means the Ozone Protection Act 1989 of the Commonwealth; “corresponding law” means a law of a State or another Territory relating to the use of ozone depleting substances; “deal” means sell, supply, transport or store; “dispose of” includes destroy; “inspector” means a person appointed to be an inspector under section 27; “licence” means a licence granted under section 14; “licensee” means the holder of a licence; “occupier”, in relation to premises, includes a person who is, or is reasonably believed to be, in charge of the premises; “ozone depleting substance” means—
4. This Act binds the Crown.
PART II--CONTROL OF OZONE DEPLETING SUBSTANCES
5. A person shall not, without reasonable excuse, discharge an ozone depleting substance into the atmosphere.
6. (1) A person shall not, without reasonable excuse, manufacture an ozone depleting substance except in accordance with a licence.
7. A person shall not, without reasonable excuse, service an article containing an ozone depleting substance except in accordance with a licence.
8. A person shall not, without reasonable excuse, use an ozone depleting substance except in accordance with a licence.
9. (1) A person shall not, without reasonable excuse, deal with, use or manufacture an ozone depleting substance after the prescribed date.
10. (1) A person shall not, without reasonable excuse, deal with an ozone depleting substance or an article containing an ozone depleting substance unless the substance is labelled in accordance with the regulations.
11. A person shall not, without reasonable excuse—
12. (1) The regulations may exempt—
13. (1) Application may be made to the Authority for a licence to—
14. (1) The Authority shall grant a licence to use an ozone depleting substance or service an article which contains an ozone depleting substance if satisfied that—
15. (1) A licence shall specify—
16. (1) Where the Authority is satisfied that it is necessary for the purpose of reducing the emission of ozone depleting substances, to vary, revoke or impose a specified condition in or on a licence, the Authority shall, by notice in writing served on the licensee, require the licensee, within a specified period, being not more than 28 days and not less than 14 days after the date of the notice—
17. A licence authorises the licensee, subject to the licence, to do such of the following as are specified in the licence:
18. The Authority shall, on application being made, and on payment of the determined fee, before the expiration of the term of a licence, renew the licence for such period as is specified in the licence, commencing on the day immediately following the day on which, but for its renewal, the licence would have expired.
19. (1) The Authority may, by notice in writing, require the licensee to show cause why the licence should not be suspended or cancelled on one of the following grounds:
20. (1) Where the Authority considers it necessary to do so, having regard to the circumstances leading to the giving of a notice under subsection 19 (1) and the grounds specified in the notice, the Authority may suspend a licence before the licensee shows cause to the contrary.
21. (1) The Authority may, on application by a person for a temporary licence, grant the person a temporary licence if satisfied that the applicant, before the commencement day, used, manufactured or dealt with an ozone depleting substance or, in the ordinary course of business, serviced an article that contained an ozone depleting substance.
22. A licence granted under section 14 or 21 or renewed under section 18 remains in force—
23. (1) The Authority shall maintain a register of persons who are licensed.
PART III--APPROVED COURSES AND EXAMINATIONS
24. (1) The Authority may determine that a specified course is an approved course for the purposes of this Act.
25. The Authority may, by instrument in writing, determine that a specified examination is an approved examination for the purposes of this Act.
PART IV--ENFORCEMENT
26. (1) For the purposes of this Part, a thing is connected with a particular offence if—
27. (1) The Authority may, by instrument in writing, appoint persons to be inspectors for the purposes of this Act.
28. A person appointed to be an inspector shall not, without reasonable excuse, fail to return his or her identity card to the Authority on ceasing to be an inspector.
29. (1) For the purposes of ascertaining whether the provisions of this Act have been complied with, the Authority or an inspector may, without a warrant—
30. (1) If the Authority or an inspector requests a person to consent to the Authority or the inspector entering premises under section 29, he or she shall inform the person that the person may refuse consent.
31. An inspector who takes a sample under subparagraph 29 (2) (e) (ii) shall give a receipt for the sample to the occupier of the premises from which the sample was taken.
32. (1) Where the Authority or an inspector—
33. (1) Where the Authority or an inspector believes on reasonable grounds that there is, or may be, in or on any premises, a thing of a particular kind connected with a particular offence against this Act or the regulations, the Authority or the inspector, as the case requires, may—
34. A person shall not, without reasonable excuse—
35. A person shall not, in purported compliance with a requirement made by the Authority or an inspector under the Act, give the Authority or the inspector—
36. If the Authority believes on reasonable grounds that it is necessary in order to prevent the emission of an ozone depleting substance into the atmosphere, the Authority may cause to be published in a daily newspaper published and circulating in the Territory, a notice about—
37. (1) A notice under section 36 may include—
38. (1) Where there are reasonable grounds for believing—
39. An ozone protection notice shall, in addition to the matters specified in accordance with subsection 38 (4), specify—
40. (1) Where an ozone protection notice has been given to an occupier, the Authority may, of its own motion or upon application in writing by the occupier—
41. (1) Where an ozone depleting substance is—
42. Application may be made to the Tribunal for a review of a decision by the Authority—
43. (1) Where the Authority makes a decision of a kind referred to in section 42, the Authority shall give notice in writing of the decision—
PART V--MISCELLANEOUS
44. Where a body corporate is convicted of an offence against this Act or the regulations, the penalty that a court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.
45. (1) Where, in any proceedings for an offence against this Act, it is necessary to establish the state of mind of a person or body in relation to particular conduct, it is sufficient to show—
46. (1) A document that is required by this Act to be given to a body corporate may be so given—
47. The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
48. (1) The Executive may make regulations, not inconsistent with this Act, prescribing matters—