OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT LEGISLATION AMENDMENT BILL 2017

No. , 2017

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Amendments commencing day to be proclaimed

Part 1--HFCs

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)

Act 1995

Part 2--References to equipment and products

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)

Act 1995

Part 3--References to conventions

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Part 4--Delegations

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Schedule 2--Amendments commencing 1 January 2018

Part 1--Licences

Division 1--Renewing licences

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Division 2--Equipment licences

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

No. , 2017

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Division 3--Application, saving and transitional provisions

Part 2--Levy periods, threshold and penalty interest

Evidence Act 1995

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)

Act 1995

Part 3--Licence quantity limits

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Part 4--Synthetic greenhouse gases

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Part 5--Export of HCFCs

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Schedule 3--Amendments commencing 1 January 2020

Part 1--Bulk HCFC use

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Part 2--HCFC equipment

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

No. , 2017

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

3. Schedule 2

The later of:

(a) immediately after the commencement of

the provisions covered by table item 2;

and

(b) the start of 1 January 2018.

4. Schedule 3

1 January 2020.

1 January 2020

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments commencing day to be proclaimed Schedule 1

HFCs Part 1

No. , 2017

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Legislation Amendment Bill 2017

Schedule 1--Amendments commencing day

to be proclaimed

Part 1--HFCs

Ozone Protection and Synthetic Greenhouse Gas (Import

Levy) Act 1995

1 Subsection 3A(2)

Omit "paragraph 13(1A)(b)", substitute "subsection 13(3)".

2 Subsections 4A(3) and 4B(2)

Omit "paragraph 13(6A)(b) or (c)", substitute "subsection 13(5) or (6)".

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

3 Paragraph 3(a)

Omit "substances that deplete ozone in the atmosphere", substitute

"ozone depleting substances and SGGs".

4 Subparagraphs 3(c)(i) and (ii)

After "ozone depleting substances", insert "and SGGs".

5 Section 7

Insert:

100-year global warming potential of a scheduled substance

means the 100-year global warming potential (if any) specified for

that substance by a table in Schedule 1.

approved form means a form approved under section 66A.

e megatonnes has the meaning given by section 9A.

6 Section 7 (definition of HCFC quota)

Repeal the definition, substitute:

Schedule 1 Amendments commencing day to be proclaimed

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No. , 2017

HCFC quota means an HCFC quota allocated for a quota period

under section 28.

Note:

A reserve HCFC quota is not an HCFC quota.

7 Section 7

Insert:

HFC industry limit has the meaning given by section 36A.

HFC quota means an HFC quota allocated for a calendar year

under regulations made for the purposes of section 36C.

Note:

A reserve HFC quota is not an HFC quota.

Kigali Amendment means the Amendment to the Montreal

Protocol adopted by Decision XXVIII/1 of the Twenty-Eighth

Meeting of the Parties to the Montreal Protocol at Kigali on

15 October 2016.

Note:

In 2017, the Kigali Amendment could be viewed at the United Nations

website (www.un.org).

ozone depleting potential of a scheduled substance means the

ozone depleting potential (if any) specified for that substance by a

table in Schedule 1.

8 Subsection 7(1) (definition of quota period)

Repeal the definition, substitute:

quota period has the meaning given by section 23A.

Note:

Quota periods relate to HCFC quotas. There are also HFC quotas,

which are allocated for calendar years.

9 Section 7

Insert:

recycled or used SGGs means SGGs that are:

(a) collected from machinery, equipment or containers during

servicing or before disposal of the machinery, equipment or

containers; and

(b) intended to be re-used or destroyed.

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recycled or used stage-1 or stage-2 scheduled substances means

stage-1 scheduled substances, or stage-2 scheduled substances, that

are:

(a) collected from machinery, equipment or containers during

servicing or before disposal of the machinery, equipment or

containers; and

(b) intended to be re-used or destroyed.

10 Section 7 (definition of recycled stage-1 or stage-2

scheduled substances)

Repeal the definition.

11 Section 7 (definition of reduce)

Repeal the definition.

12 Section 7 (definition of regulated HCFC activity)

Repeal the definition.

13 Section 7

Insert:

regulated HCFC activity has the meaning given by section 25A.

regulated HFC activity has the meaning given by section 36B.

14 Section 7 (definition of reserve HCFC quota)

Repeal the definition, substitute:

reserve HCFC quota means a reserve HCFC quota allocated under

section 28.

Note:

A reserve HCFC quota is not an HCFC quota.

15 Section 7

Insert:

reserve HFC quota means a reserve HFC quota allocated under

regulations made for the purposes of section 36G.

Note:

A reserve HFC quota is not an HFC quota.

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reserve HFC quota limit has the meaning given by

subsection 36G(3).

SGG licensee means the holder of an SGG licence.

16 Sections 8 and 8B

Repeal the sections.

17 After section 9

Insert:

9A Quantities expressed in CO

e megatonnes

(1) A reference in this Act to CO

e megatonnes, in relation to an

HCFC or HFC, is a reference to the quantity of the HCFC or HFC

that results from multiplying its mass in megatonnes by its

100-year global warming potential.

(2) If a substance is or contains a mixture of 2 or more HCFCs or

HFCs, the quantity of the substance, expressed in CO

megatonnes, is the quantity that results from adding together the

quantities of each of those HCFCs or HFCs, expressed in CO

megatonnes.

18 Section 12B (heading)

Repeal the heading, substitute:

12B Import or export of CFCs, HCFCs and SGGs for use on board

ships or aircraft

19 Section 12B

Omit "does", substitute "and Parts IV and IVA do".

20 Section 13

Repeal the section, substitute:

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Legislation Amendment Bill 2017

13 Unlicensed manufacture, import or export

Substances and equipment

(1) A person must not, subject to subsections (2) to (6):

(a) manufacture, import or export any of the following:

(i) an HCFC;

(ii) methyl bromide;

(iii) an SGG;

(iv) an HBFC;

(v) a stage-1 or stage-2 scheduled substance; or

(b) import ODS equipment or SGG equipment.

Exceptions

(2) Subsection (1) does not apply to an activity allowed by a licence

the person holds.

Note 1:

See section 13A for the activities allowed by each type of licence.

Note 2:

No licence allows the manufacture or export of HBFCs.

(3) Subparagraph (1)(a)(iii) does not apply to manufacturing,

importing or exporting an SGG (other than a recycled or used

SGG) in circumstances prescribed by the regulations.

(4) Regulations made for the purposes of subsection (3) must be

consistent with Australia's international obligations.

(5) Paragraph (1)(b) does not apply to a person carrying out an activity

in relation to equipment if:

(a) the equipment is kept by the person, or by a member of the

person's household, wholly or principally for private or

domestic use; and

(b) the equipment is prescribed by the regulations; and

(6) Paragraph (1)(b) does not apply to a person importing ODS

equipment or SGG equipment if:

(a) in the case of ODS equipment--the total amount of HCFC

contained in ODS equipment in the importation is not greater

than the amount (if any) prescribed by the regulations; and

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Legislation Amendment Bill 2017

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(b) in the case of SGG equipment--the total amount of an SGG

contained in SGG equipment in the importation is not greater

than the amount (if any) prescribed by the regulations in

relation to the SGG; and

regulations in relation to the person, the equipment, and the

importation are satisfied.

Note:

In a prosecution for an offence against subsection (7), a defendant

bears an evidential burden in relation to the matter in subsection (2),

(3), (5) or (6) (see subsection 13.3(3) of the Criminal Code).

Penalties

(7) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 500 penalty units.

(8) Subsection (1) is a civil penalty provision.

Note 1:

Division 7 of Part VIII provides for pecuniary penalties for breaches

of civil penalty provisions.

Note 2:

For maximum penalty, see subsections 65AC(4) and (4A).

21 Saving

--regulations

Regulations:

(a) made for the purposes of a provision of the Ozone Protection

and Synthetic Greenhouse Gas Management Act 1989

mentioned in column 1 of an item of the following table; and

(b) in force immediately before the commencement of this item;

have effect, from that commencement, as if they had been made for the

purposes of the provision of that Act, as amended by this Part,

mentioned in column 2 of that item.

Regulations

Item

Column 1

Old provision

Column 2

New provision

Paragraph 13(1A)(b)

Subsection 13(3)

Subparagraph 13(6A)(b)(ii)

Paragraph 13(5)(b)

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Regulations

Item

Column 1

Old provision

Column 2

New provision

Subparagraph 13(6A)(b)(iii)

Paragraph 13(5)(c)

22 Subsection 13A(2)

After "allows", insert "(subject to subsection (2A))".

23 After subsection 13A(2)

Insert:

(2A) A controlled substances licence does not apply to:

(a) recycled or used HCFCs; or

(b) recycled or used methyl bromide; or

Note:

See subsection (4) (about used substances licences).

24 Subsection 13A(3)

After "allows", insert "(subject to subsection (3A))".

25 After subsection 13A(3)

Insert:

(3A) An essential uses licence does not apply to recycled or used stage-1

or stage-2 scheduled substances.

Note:

See subsection (4) (about used substances licences).

26 At the end of subsection 13A(4)

Add:

; (e) import specified recycled or used SGGs;

(f) export specified recycled or used SGGs.

27 Subsection 14(1)

Omit "(1)".

28 Paragraph 14(1)(a)

Repeal the paragraph, substitute:

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(a) be in the approved form; and

29 Subsection 14(2)

Repeal the subsection.

30 Subsections 18(1) to (3)

Repeal the subsections, substitute:

(1) A licence is subject to the conditions specified in the applicable

item or items (if any) of the following table:

Licence conditions

Item

Column 1

Licence

Column 2

Conditions

A controlled

substances licence

that allows the

licensee to

manufacture, import

or export HCFCs

(a) the licensee must not engage in a regulated

HCFC activity in a quota period unless the

licensee has been allocated:

(i) an HCFC quota for that period; or

(ii) a reserve HCFC quota;

that is in force when the licensee engages in the

activity; and

(b) if the licensee has been allocated an HCFC

quota for a quota period--the licensee must

ensure that the total quantity of HCFCs,

expressed in ODP tonnes, involved in regulated

HCFC activities engaged in by the licensee in

the quota period is not more than the total of:

(i) that quota; and

(ii) any reserve HCFC quotas allocated to the

licensee that are in force at any time in

the quota period; and

HCFC quota that is in force for a period (the

reserve period) in a quota period, but has not

been allocated an HCFC quota for that quota

period--the licensee must ensure that the total

quantity of HCFCs, expressed in ODP tonnes,

involved in regulated HCFC activities engaged

in by the licensee in the reserve period is not

more than that reserve HCFC quota; and

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Licence conditions

Item

Column 1

Licence

Column 2

Conditions

(d) the licensee must comply with any directions

the Minister gives to the licensee under

section 35A (directions to export HCFCs if

quota exceeded).

A licence (other than

an SGG licence) that

allows the licensee to

import a scheduled

substance

The licensee must only import the substance from a

country that is a Montreal Protocol country for the

purposes of Part VI for the substance.

A licence (other than

an SGG licence) that

allows the licensee to

export a scheduled

substance

The licensee must only export the substance to a

country that is a Montreal Protocol country for the

purposes of Part VI for the substance.

An SGG licence

(a) the SGG licensee must not engage in a regulated

HFC activity in a calendar year unless the

licensee has been allocated:

(i) an HFC quota for the year; or

(ii) a reserve HFC quota;

that is in force when the licensee engages in the

activity; and

(b) if the SGG licensee has been allocated an HFC

quota for a calendar year--the licensee must

ensure that the total quantity of HFCs,

expressed in CO

e megatonnes, involved in

regulated HFC activities engaged in by the

licensee in the year is not more than the total of:

(i) that quota; and

(ii) any reserve HFC quotas allocated to the

licensee that are in force at any time in

the year; and

HFC quota that is in force for a period (the

reserve period) in a calendar year, but has not

been allocated an HFC quota for the year--the

licensee must ensure that the total quantity of

HFCs, expressed in CO

e megatonnes, involved

in regulated HFC activities engaged in by the

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Licence conditions

Item

Column 1

Licence

Column 2

Conditions

licensee in the reserve period is not more than

that reserve HFC quota; and

(d) the SGG licensee must comply with any

directions the Minister gives to the licensee

under section 36H (directions to export HFCs if

quota exceeded).

An SGG licence that

allows the SGG

licensee to import

HFCs

The SGG licensee must only import HFCs from a

country that is a Montreal Protocol country for the

purposes of Part VI for HFCs.

An SGG licence that

allows the SGG

licensee to export

HFCs

The SGG licensee must only export HFCs to a

country that is a Montreal Protocol country for the

purposes of Part VI for HFCs.

Note 1:

For the quantity of HCFCs that is taken to be involved in regulated

HCFC activities, see subsection 25A(2).

Note 2:

For the quantity of HFCs that is taken to be involved in regulated HFC

activities, see subsection 36B(2).

(2) The conditions mentioned in items 5 and 6 of the table in

subsection (1) do not apply to importing or exporting SGGs before

the day the changes to Article 4 of the Montreal Protocol set out in

Article I of the Kigali Amendment enter into force for Australia.

(3) The Minister must announce, by notifiable instrument, the day the

changes come into force for Australia.

Note:

The changes cannot come into force before 1 January 2033.

Other conditions

31 Application of amendments

HCFCs

(1)

The amendment of subsection 18(1) of the Ozone Protection and

Synthetic Greenhouse Gas Management Act 1989 made by this Part, to

the extent the amendment relates to controlled substances licences,

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applies to a controlled substances licence that is in force on or after the

commencement of this item, whether the licence was granted before, on

or after that commencement.

HFCs

(2)

Item 4 of the table in subsection 18(1) of the Ozone Protection and

Synthetic Greenhouse Gas Management Act 1989, as amended by this

Part, applies to an SGG licence that is in force on or after the

commencement of this item, whether the licence was granted before, on

or after that commencement.

(3)

Paragraphs (a), (b) and (c) of column 2 of that item do not apply to a

regulated HFC activity engaged in before 1 January 2018.

32 Before subsection 18(7)

Insert:

Penalties

33 Before subsection 18(8)

Insert:

Varying or revoking conditions

34 Paragraph 19B(2)(a)

Repeal the paragraph, substitute:

(a) be in the approved form; and

35 Subsection 19B(3)

Repeal the subsection.

36 Before section 23

Insert:

22A Simplified outline of this Part

The Minister may allocate to a licensee:

(a)

an HCFC quota for a quota period; or

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(b)

in exceptional circumstances, a reserve HCFC quota for

a specified period (which need not be a quota period).

Under section 18, it is a condition of a controlled substances

licence that:

(a)

the licensee must not engage in a regulated HCFC

activity unless the licensee has been allocated a quota;

and

(b)

the total quantity of HCFCs involved in regulated HCFC

activities engaged in by the licensee is not more than the

licensee's quotas.

Sections 24 and 25 limit how much quota the Minister may

allocate.

37 After section 23

Insert:

23A HCFC quota periods

(1) A quota period is 2 years, or such longer or shorter period (if any)

as is determined under subsection (2).

(2) The Minister may, by legislative instrument, determine a period for

the purposes of subsection (1).

(3) The first quota period starts on the 1 January specified by the

Minister under section 26.

(4) Each quota period, except the first, starts immediately after the end

of the last preceding one.

38 After section 25

Insert:

25A Regulated HCFC activities

(1) A regulated HCFC activity is the manufacture or import of

HCFCs.

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Note:

This Part does not apply to the import of HCFCs for use on board

ships or aircraft in certain circumstances: see section 12B.

(2) For the purposes of this Act, the quantity of HCFCs that is taken to

be involved in regulated HCFC activities engaged in by a licensee

in a period is the quantity of HCFCs that is actually involved in

regulated HCFC activities engaged in by the licensee in the period

reduced by the heel allowance percentage for HCFCs.

39 Paragraph 26(2)(b)

Repeal the paragraph.

40 Paragraph 27(1)(a)

Repeal the paragraph, substitute:

(a) be in the approved form; and

41 Subsection 27(2)

Repeal the subsection.

42 Paragraph 35(1)(a)

Omit "a quota", substitute "an HCFC quota".

43 Subsection 35(2)

Repeal the subsection, substitute:

(2) A licensee may, without transferring the licensee's licence, transfer

to another licensee the unused part of:

(a) an HCFC quota allocated to the first licensee for a quota

period; and

(b) each HCFC quota (if any) allocated to the first licensee for

later quota periods.

(2A) A licensee may, instead of transferring the whole of the unused

parts of the quotas mentioned in subsection (2):

(a) choose a particular percentage; and

(b) without transferring the licensee's licence, transfer to another

licensee the lesser of the following percentages of each of

those quotas:

(i) the chosen percentage;

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(ii) the percentage of the quota that is unused.

44 Subsections 35(6) and (7)

Repeal the subsections.

45 At the end of Part IV

Add:

35A Direction to export HCFCs if quota exceeded

(1) The Minister may, by written notice given to a licensee, direct the

licensee to export a specified quantity of HCFCs by a specified

time if:

(a) both:

(i) the licensee has been allocated an HCFC quota for a

quota period; and

(ii) the total quantity of HCFCs, expressed in ODP tonnes,

involved in regulated HCFC activities engaged in by the

licensee in the year exceeds the total of that quota and

any reserve HCFC quotas allocated to the licensee that

are in force at any time in the period; or

(b) both:

(i) the licensee has been allocated a reserve HCFC quota

that is in force for a period (the reserve period) in a

quota period, but has not been allocated an HCFC quota

for the quota period; and

(ii) the total quantity of HCFCs, expressed in ODP tonnes,

involved in regulated HCFC activities engaged in by the

licensee in the reserve period exceeds the reserve HCFC

quota.

Note:

It is a condition of the licence that the licensee comply with the

direction: see subsection 18(1).

(2) The amount specified in the direction must not be greater than the

amount of the excess.

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46 Application of amendments

Section 35A of the Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989, as added by this Part, applies in relation to quota

periods or reserve periods that start on or after the commencement of

this item.

47 After Part IV

Insert:

Part IVA--HFC quotas

Division 1--Outline of this Part

36 Simplified outline of this Part

The Minister may allocate to an SGG licensee:

(a)

an HFC quota for a calendar year; or

(b)

in prescribed circumstances, a reserve HFC quota for a

specified period (which need not be a calendar year).

Under section 18, it is a condition of an SGG licence that:

(a)

the licensee must not engage in a regulated HFC activity

unless the licensee has been allocated a quota; and

(b)

the total quantity of HFCs involved in regulated HFC

activities engaged in by the licensee is not more than the

licensee's quotas.

Sections 36A and 36G limit how much quota the Minister may

allocate.

Division 2--HFC quotas

36A HFC industry limit

(1) The HFC industry limit for a calendar year is the quantity of

HFCs, expressed in CO

e megatonnes:

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(a) prescribed by the regulations in relation to the year for the

purposes of this subsection; or

(b) worked out in accordance with a method prescribed by the

regulations in relation to the year for the purposes of this

subsection.

(2) The sum of the amounts of all HFC quotas allocated for a calendar

year must not exceed the HFC industry limit for the year.

(3) Regulations made for the purposes of subsection (1) must be

consistent with Australia's international obligations.

36B Regulated HFC activities

(1) A regulated HFC activity is the manufacture or import of HFCs

other than:

(a) the import of HFCs that are recycled or used SGGs; or

(b) the import of HFCs in SGG equipment; or

prescribed for the purposes of subsection 13(3).

Note 1:

Subsection 13(3) allows the regulations to prescribe circumstances in

which a licence is not required for the manufacture or import of HFCs

and other SGGs.

Note 2:

This Part does not apply to the import or export of HFCs for use on

board ships or aircraft in certain circumstances: see section 12B.

(2) For the purposes of this Act, the quantity of HFCs that is taken to

be involved in regulated HFC activities engaged in by an SGG

licensee in a period is the greater of the amount worked out using

the following formula and nil:

Quantity of HFCs

actually involved in

Quantity of

regulated HFC

HFCs exported

activities engaged in

by the licensee

in the period,

expressed in

CO e megatonnes

�-

Heel

allowance

100%

percentage

for HFCs

CO e megatonnes



































�-

































(3) For the purposes of subsection (2), the quantity of HFCs exported

by an SGG licensee in a period is taken not to include any quantity

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exported under a direction given to the licensee under section 36H

(direction to export HFCs if quota exceeded).

36C Applications, allocation and size of HFC quotas

(1) The regulations may provide in relation to any of the following:

(a) processes for applying for HFC quotas, including who may

apply;

(b) processes for the Minister to:

(i) allocate HFC quotas for calendar years to SGG

licensees; or

(ii) vary the size of HFC quotas; or

(iii) stop allocated HFC quotas being in force; or

(iv) cancel allocated HFC quotas, with the effect that the

quotas are taken never to have been in force;

in paragraph (b);

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

size of HFC quotas;

(e) review of decisions made under regulations made for the

purposes of this section.

(2) Regulations made for the purposes of subsection (1) may provide

in relation to a matter mentioned in that subsection by providing

for the matter, or for anything relating to it, to be determined by the

Minister, including by legislative instrument.

36D Duration of HFC quotas

An HFC quota stays in force until the end of the calendar year for

which it is allocated, unless it stops being in force for any other

reason before then.

36E Quotas cease when licences cease

An HFC quota allocated to an SGG licensee stops being in force

when the licensee's SGG licence is cancelled, or stops being in

force for any other reason.

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36F Transfer of quotas

Transfer of HFC quota if SGG licence transferred

(1) If the Minister transfers an SGG licensee's SGG licence under

section 19B, the unused part of each HFC quota (if any) allocated

to the first licensee for calendar years ending on or after the date of

the transfer is taken to have been allocated to the transferee on that

date.

Transfer of HFC quota without transferring SGG licence

(2) An SGG licensee may, without transferring the licensee's SGG

licence, transfer to another SGG licensee the unused part of:

(a) an HFC quota allocated to the first licensee for a calendar

year; and

(b) each HFC quota (if any) allocated to the first licensee for

later calendar years.

(3) An SGG licensee may, instead of transferring the whole of the

unused parts of the HFC quotas mentioned in subsection (2):

(a) choose a particular percentage; and

(b) without transferring the licensee's SGG licence, transfer to

another SGG licensee the lesser of the following percentages

of each of those quotas:

(i) the chosen percentage;

(ii) the percentage of the quota that is unused.

(4) A transfer under subsection (2) or (3) has no effect until the

transferor notifies the Minister of the transfer.

(5) A notice must:

(a) state the transferee's name, address and licence number; and

(b) specify the amount of each HFC quota transferred.

(6) After a transfer under subsection (2) or (3) takes effect:

(a) each transferred HFC quota, or each transferred part of an

HFC quota, is taken to have been allocated to the transferee;

and

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(b) if only part of an HFC quota is transferred--the transferor is

taken to have been allocated the untransferred part of the

quota.

Division 3--Reserve HFC quotas

36G Reserve HFC quotas

Reserve HFC quotas

(1) The Minister must not allocate a reserve HFC quota unless

satisfied that circumstances prescribed by the regulations for the

purposes of this subsection exist.

(2) The regulations may provide in relation to any of the following:

(a) processes for applying for reserve HFC quotas, including

who may apply;

(b) processes for the Minister to:

(i) allocate reserve HFC quotas; or

(ii) vary the size or period of reserve HFC quotas; or

(iii) stop allocated reserve HFC quotas being in force; or

(iv) cancel allocated reserve HFC quotas, with the effect that

the quotas are taken never to have been in force;

licensees;

(d) the size of reserve HFC quotas, or the method for working

out the size of reserve HFC quotas;

(e) the period (not longer than 12 months) during which each

reserve HFC quota is in force;

(f) review of decisions made under regulations made for the

purposes of this subsection.

Reserve HFC quota limit

(3) The reserve HFC quota limit for a calendar year is the quantity of

HFCs, expressed in CO

e megatonnes:

(a) prescribed by the regulations in relation to the year for the

purposes of this subsection; or

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(b) worked out in accordance with a method prescribed by the

regulations in relation to the year for the purposes of this

subsection.

(4) The sum of the amounts of all reserve HFC quotas allocated for a

calendar year (including any part of that year) must not be more

than the reserve HFC quota limit for that year.

(5) Regulations made for the purposes of subsection (3) must be

consistent with Australia's international obligations.

Division 4--Other provisions

36H Direction to export HFCs if quota exceeded

(1) The Minister may, by written notice given to an SGG licensee,

direct the licensee to export a specified quantity of HFCs by a

specified time if:

(a) both:

(i) the SGG licensee has been allocated an HFC quota for a

calendar year; and

(ii) the total quantity of HFCs, expressed in CO

megatonnes, involved in regulated HFC activities

engaged in by the licensee in the year exceeds the total

of that quota and any reserve HFC quotas allocated to

the licensee that are in force at any time in the year; or

(b) both:

(i) the SGG licensee has been allocated a reserve HFC

quota that is in force for a period (the reserve period) in

a calendar year, but has not been allocated an HFC

quota for the year; and

(ii) the total quantity of HFCs, expressed in CO

megatonnes, involved in regulated HFC activities

engaged in by the licensee in the reserve period exceeds

the reserve HFC quota.

Note 1:

It is a condition of the SGG licence that the licensee comply with the

direction: see subsection 18(1).

Note: 2:

A person requires an SGG licence to export an HFC in most

circumstances: see section 13.

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(2) The amount specified in the direction must not be greater than the

amount of the excess.

36J Basis on which quotas are allocated

An HFC quota or reserve HFC quota is allocated on the basis that:

(a) the quota may be varied under regulations made for the

purposes of subsection 36C(1) or 36G(2); and

(b) the quota may stop being in force under section 36F or under

regulations made for the purposes of subsection 36C(1) or

36G(2); and

purposes of subsection 36C(1) or 36G(2); and

(d) the quota may be varied, stop being in force or be cancelled

by or under later legislation; and

(e) no compensation is payable if the quota is varied, stops being

in force or is cancelled as mentioned in any of the above

paragraphs.

48 Application of amendments

--HFC quotas and reserve

HFC quotas

(1)

Division 2 of Part IVA of the Ozone Protection and Synthetic

Greenhouse Gas Management Act 1989, as inserted by this Part, applies

in relation to 2018 and later calendar years.

(2)

A reserve HFC quota must not come into force before 1 January 2018.

49 Subsection 50(1A)

Repeal the subsection, substitute:

(1A) An identity card must:

(a) be in the approved form; and

(b) have on it a recent photograph of the person to whom it is

issued.

50 Subsection 65AC(4)

Omit "subsection 13(1A) or (6A) or", substitute

"subparagraph 13(1)(a)(iii), paragraph 13(1)(b) or subsection".

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51 Subsection 65AC(4A)

Omit "subsection 13(1A) or (6A)", substitute

"subparagraph 13(1)(a)(iii) or paragraph 13(1)(b)".

52 After paragraph 66(e)

Insert:

(ea) a decision to direct a licensee to export a quantity of HCFCs

under section 35A;

(eb) a decision to direct an SGG licensee to export a quantity of

HFCs under section 36H;

53 After section 66

Insert:

66A Approved forms

(1) The Minister may, in writing, approve a form for the purposes of a

provision of this Act.

(2) An approved form of an application may provide for verification

by statutory declaration of statements made in the application.

54 Transitional provision

--approved forms

If:

(a) the Minister approved a form under a provision of the Ozone

Protection and Synthetic Greenhouse Gas Management Act

1989; and

(b) the approval was in force immediately before the

commencement of this item;

the approval has effect from that commencement as if it had been

made under section 66A of that Act, as amended by this Part, for

the purposes of the provision mentioned in paragraph (a) of this

item.

55 Part V of Schedule 1

Repeal the Part, substitute:

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Part V--HCFCs

HCFCs

Item

Column 1

Substance

Column 2

Ozone

depleting

potential

Column 3

100-year global

warming

potential

CHFCl

(HCFC-21)

0.04

151

CHF

Cl (HCFC-22)

0.055

1,810

FCl (HCFC-31)

0.02

HFCl

(HCFC-121)

0.04

(HCFC-122)

0.08

(HCFC-123)

0.06

CHCl

(HCFC-123)

0.02

Cl (HCFC-124)

0.04

CHFClCF

(HCFC-124)

0.022

609

FCl

(HCFC-131)

0.05

(HCFC-132)

0.05

Cl (HCFC-133)

0.06

FCl

(HCFC-141)

0.07

CFCl

(HCFC-141b)

0.11

725

Cl (HCFC-142)

0.07

Cl (HCFC-142b)

0.065

2,310

FCl (HCFC-151)

0.005

HFCl

(HCFC-221)

0.07

(HCFC-222)

0.09

(HCFC-223)

0.08

(HCFC-224)

0.09

(HCFC-225)

0.07

CHCl

(HCFC-225ca)

0.025

122

ClCF

CHClF (HCFC-225cb)

0.033

595

Cl (HCFC-226)

0.1

FCl

(HCFC-231)

0.09

(HCFC-232)

0.1

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HCFCs

Item

Column 1

Substance

Column 2

Ozone

depleting

potential

Column 3

100-year global

warming

potential

(HCFC-233)

0.23

(HCFC-234)

0.28

Cl (HCFC-235)

0.52

FCl

(HCFC-241)

0.09

(HCFC-242)

0.13

(HCFC-243)

0.12

Cl (HCFC-244)

0.14

FCl

(HCFC-251)

0.01

(HCFC-252)

0.04

Cl (HCFC-253)

0.03

FCl

(HCFC-261)

0.02

Cl (HCFC-262)

0.02

FCl (HCFC-271)

0.03

56 Part IX of Schedule 1

Repeal the Part, substitute:

Part IX--HFCs

HFCs

Item

Column 1

Substance

Column 2

100-year

global

warming

potential

CHF3 (HFC-23)

14,800

CH2F2 (HFC-32)

675

CH3F (HFC-41)

CHF2CF3 (HFC-125)

3,500

CHF2CHF2 (HFC-134)

1,100

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HFCs

Item

Column 1

Substance

Column 2

100-year

global

warming

potential

CH2FCF3 (HFC-134a)

1,430

CHF2CH2F (HFC-143)

353

CF3CH3 (HFC-143a)

4,470

CH2FCH2F (HFC-152)

CH3CHF2 (HFC-152a)

124

CF3CHFCF3 (HFC-227ea)

3,220

CH2FCF2CF3 (HFC-236cb)

1,340

CHF2CHFCF3 (HFC-236ea)

1,370

CF3CH2CF3 (HFC-236fa)

9,810

CH2FCF2CHF2 (HFC-245ca)

693

CHF2CH2CF3 (HFC-245fa)

1,030

CF3CH2CF2CH3 (HFC-365mfc)

794

CF3CHFCHFCF2CF3 (HFC-43-10mee)

1,640

Ozone Protection and Synthetic Greenhouse Gas

(Manufacture Levy) Act 1995

57 Subsection 3A(2)

Omit "paragraph 13(1A)(b)", substitute "subsection 13(3)".

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Part 2--References to equipment and products

Ozone Protection and Synthetic Greenhouse Gas (Import

Levy) Act 1995

58 Section 2A (definition of medical equipment)

Omit "a pharmaceutical product", substitute "pharmaceutical

equipment".

59 Subparagraph 3A(9)(b)(iii)

Omit "a product, or in equipment,", substitute "equipment".

60 Subparagraph 3A(9)(b)(iv)

Omit "a product, or of equipment,", substitute "equipment".

61 Subsection 4B(5)

Repeal the subsection.

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

62 Paragraph 3(b)

Omit "products that contain such substances or use such substances in

their", substitute "equipment that contains such substances or uses such

substances in its".

63 Section 7

Insert:

bulk scheduled substance has the meaning given by section 9.

containing: equipment containing a scheduled substance has a

meaning affected by section 9.

equipment includes products.

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using a scheduled substance in the operation of equipment has a

meaning affected by section 9.

64 Section 8C

Omit "or, but for section 9, would be an HCFC".

65 Paragraphs 8D(1)(a), (b), (c) and (d)

Omit ", or a product,".

66 Section 9

Repeal the section, substitute:

9 Bulk scheduled substances and equipment

Bulk scheduled substances

(1) A reference in this Act to a scheduled substance (or to a type of

scheduled substance), other than a reference relating to equipment,

is a reference to a bulk scheduled substance (or to a bulk scheduled

substance of that type).

(2) Subject to subsections (5) and (6), a scheduled substance is a bulk

scheduled substance unless it is:

(a) contained in equipment for a purpose other than, or in

addition to, the purpose of storing or transporting the

substance; or

(b) used in the operation of equipment.

Example: Paragraph (2)(b)--a scheduled substance that is used as a propellant in

an aerosol spray or fire extinguisher is not a bulk scheduled substance.

Equipment containing or using scheduled substances

(3) Subject to subsection (6):

(a) a reference in this Act (other than this section) to equipment

containing a scheduled substance does not include a

reference to containing the substance for the sole purpose of

storing or transporting the substance; and

(b) a reference in this Act to using a scheduled substance in the

operation of equipment does not include a reference to using

the equipment for the storage or transport of the substance.

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(4) To avoid doubt, and without limiting when equipment contains a

scheduled substance for the sole purpose of storing or transporting

the substance, equipment contains a scheduled substance for that

sole purpose if:

(a) the substance must be transferred to other equipment to

realise its intended use; or

(b) the equipment must be attached to other equipment to realise

its intended use.

Substances used in the process of manufacturing equipment

(5) Subject to subsection (6), a scheduled substance that is contained

in equipment only because the substance was used in the process of

manufacturing the equipment is neither:

(a) a bulk scheduled substance; nor

(b) contained in, or used in the operation of, the equipment.

Example: A scheduled substance that remained in minute quantities in open cell

foam after the substance was used in the production of the foam is

neither a bulk scheduled substance nor contained in, or used in the

operation of, the foam.

Regulations

(6) The regulations may provide that, in prescribed circumstances, a

scheduled substance:

(a) is a bulk scheduled substance, or is not a bulk scheduled

substance; or

(b) is taken to be contained in equipment, or is taken not to be

contained in equipment; or

not to be used in the operation of equipment.

Regulations made for the purposes of this subsection have effect

despite subsections (2) to (5).

67 Part V (heading)

Repeal the heading, substitute:

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Part V--Control of manufacture etc. of equipment

containing or using scheduled substances

68 Section 38 (heading)

Repeal the heading, substitute:

38 Manufacture and import of equipment in contravention of

Schedule 4

69 Subsections 38(1), (2), (2B) and (2C)

Omit "a product", substitute "equipment".

70 Subsection 39(1)

Omit "products that contain scheduled substances or depend on such

substances for their", substitute "equipment that contains scheduled

substances or uses scheduled substances in its".

71 Paragraphs 39(2)(a), (b), (c) and (d)

Omit "products" (wherever occurring), substitute "equipment".

72 Paragraph 39(2)(d)

Omit "are", substitute "is".

73 Subsections 40(1) and (3)

Omit "a product", substitute "equipment".

74 Subparagraphs 40(3)(a)(i) and (ii)

Omit "product", substitute "equipment".

75 Paragraphs 40(3)(b) and (c)

Omit "product" (wherever occurring), substitute "equipment".

76 Paragraphs 41(2)(b) and (c)

Omit "products", substitute "equipment".

77 Section 44 (heading)

Repeal the heading, substitute:

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44 Import of equipment containing scheduled substances from

non-Montreal Protocol countries

78 Subsections 44(1), (2A), (3), (5), (5B) and (6)

Omit "a product" (wherever occurring), substitute "equipment".

79 Section 45 (heading)

Repeal the heading, substitute:

45 Import of equipment manufactured using scheduled substances

from non-Montreal Protocol countries

80 Subsections 45(1), (2A), (3), (3A), (3AB), (3B) and (4)

Omit "a product" (wherever occurring), substitute "equipment".

81 Subsection 45(4)

Omit "the product", substitute "the equipment".

82 Transitional

--declarations

(1)

A declaration:

(a) made by the Minister under subsection 44(3) of the Ozone

Protection and Synthetic Greenhouse Gas Management Act

1989; and

(b) in force immediately before the commencement of this item;

and

subsections 44(1) and (2A) of that Act apply;

has effect, from that commencement, as if it were a declaration

made under subsection 44(3) of that Act, as amended by this Part,

that declared the product to be equipment to which

subsections 44(1) and (2A) apply.

(2)

A declaration:

(a) made by the Minister under subsection 45(3) of the Ozone

Protection and Synthetic Greenhouse Gas Management Act

1989; and

(b) in force immediately before the commencement of this item;

and

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subsections 45(1) and (2A) of that Act apply;

has effect, from that commencement, as if it were a declaration

made under subsection 45(3) of that Act, as amended by this Part,

that declared the product to be equipment to which

subsections 45(1) and (2A) apply.

83 Paragraph 45A(1)(c)

Omit "products that contain or use", substitute "equipment that contains

or uses".

84 Subsection 45B(3)

Omit "a product", substitute "equipment".

85 Subsection 45B(3)

Omit "the product", substitute "the equipment".

86 Subsection 45B(4) (definition of scheduled substance)

Omit "a manufactured product", substitute "manufactured equipment".

87 Paragraph 57(1)(d)

Omit "products that contain scheduled substances, or that use scheduled

substances in their", substitute "equipment that contains scheduled

substances, or that uses scheduled substances in its".

88 Subparagraphs 57(1)(d)(i), (ii) and (iii)

Omit "products", substitute "equipment".

89 Paragraph 57(1)(e)

Omit "products that contain scheduled substances, or that use scheduled

substances in their", substitute "equipment that contains scheduled

substances, or that uses scheduled substances in its".

90 Subparagraphs 57(1)(e)(i) and (ii)

Omit "products", substitute "equipment".

91 Paragraph 57(1)(f)

Omit "products that contain", substitute "equipment that contains".

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92 Subparagraphs 57(1)(f)(i), (ii) and (iii)

Omit "products", substitute "equipment".

93 Paragraphs 57(1)(g) and (2)(a) and (b)

Omit "products" (wherever occurring), substitute "equipment".

94 Schedule 4 (heading)

Repeal the heading, substitute:

Schedule 4--Control of manufacture etc. of

equipment containing or using

scheduled substances

95 Subclause 4(1) of Schedule 4

Omit "a polystyrene product", substitute "polystyrene equipment".

96 Subparagraphs 4(1)(a)(i) and (ii) of Schedule 4

Omit "product", substitute "equipment".

97 Paragraph 4(1)(b) of Schedule 4

Omit "product", substitute "equipment".

98 Paragraphs 4(2)(a) and (b) of Schedule 4

Omit "products", substitute "equipment".

99 Clause 5 of Schedule 4 (heading)

Repeal the heading, substitute:

5 Aerosol equipment

100 Subclause 5(1) of Schedule 4

Omit "an aerosol product", substitute "aerosol equipment".

101 Paragraphs 5(2)(a), (b) and (c) of Schedule 4

Omit "products", substitute "equipment".

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102 Clause 6 of Schedule 4 (heading)

Repeal the heading, substitute:

6 Equipment containing halon

103 Clause 6 of Schedule 4

Omit "a product", substitute "equipment".

104 Clause 7 of Schedule 4 (heading)

Repeal the heading, substitute:

7 Rigid polyurethane foam equipment

105 Clause 7 of Schedule 4

Omit "a rigid polyurethane foam product if the product", substitute

"rigid polyurethane foam equipment if the equipment".

106 Paragraphs 7(a) and (b) of Schedule 4

Omit "product", substitute "equipment".

107 Clause 9 of Schedule 4

Omit "a product", substitute "equipment".

108 Paragraphs 9(a) and (b) of Schedule 4

Omit "product", substitute "equipment".

Ozone Protection and Synthetic Greenhouse Gas

(Manufacture Levy) Act 1995

109 Section 2A (definition of medical equipment)

Omit "a pharmaceutical product", substitute "pharmaceutical

equipment".

110 Subparagraph 3A(7)(b)(iii)

Omit "a product, or in equipment,", substitute "equipment".

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Part 3--References to conventions

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

112 Section 7 (definition of Framework Convention on

Climate Change)

Repeal the definition, substitute:

Framework Convention on Climate Change means the United

Nations Framework Convention on Climate Change done at New

York on 9 May 1992, as in force for Australia from time to time.

Note:

The Framework Convention, as originally in force for Australia, is in

Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2017

be viewed in the Australian Treaties Library on the AustLII website

(http://www.austlii.edu.au).

113 Section 7 (definition of Kyoto Protocol)

Omit "amended and".

114 Section 7 (note at the end of the definition of Kyoto

Protocol)

Repeal the note, substitute:

Note:

The Kyoto Protocol, as originally in force for Australia, is in

Australian Treaty Series 2008 No. 2 ([2008] ATS 2), and could in

2017 be viewed in the Australian Treaties Library on the AustLII

website (www.austlii.edu.au).

115 Section 7 (definition of Montreal Protocol)

Repeal the definition, substitute:

Montreal Protocol means the Montreal Protocol on Substances

that Deplete the Ozone Layer done at Montreal on 16 September

1987, as in force for Australia from time to time.

Note:

The Montreal Protocol, as originally in force for Australia, is in

Australian Treaty Series 1989 No. 18 ([1989] ATS 18) and could in

2017 be viewed in the Australian Treaties Library on the AustLII

website (http://www.austlii.edu.au).

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Part 4--Delegations

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

118 Subsection 67A(1)

Repeal the subsection, substitute:

(1) The Minister may, by writing, delegate all or any of his or her

powers and functions under this Act or the regulations to:

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

(b) an APS employee who holds, or is acting in, an Executive

Level 2, or equivalent, position in the Department.

119 Saving

--delegations

A delegation:

(a) made under subsection 67A(1) of the Ozone Protection and

Synthetic Greenhouse Gas Management Act 1989; and

(b) in force immediately before the commencement of this item;

has effect, from that commencement, as if it had been made under that

subsection as amended by this Part.

Schedule 2 Amendments commencing 1 January 2018

Part 1 Licences

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

No. , 2017

Schedule 2--Amendments commencing

1 January 2018

Part 1--Licences

Division 1

--Renewing licences

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

1 Before section 12B

Insert:

Division 1--Scope of Part

2 Before section 13

Insert:

Division 2--Requirement to have licence

3 Subsection 13A(1)

Repeal the subsection.

4 Before section 14

Insert:

Division 3--Grant of licence

5 Section 14 (after the heading)

Insert:

(1) A person may apply to the Minister for all or any of the following

licences:

(a) a controlled substances licence;

(b) an essential uses licence;

Amendments commencing 1 January 2018 Schedule 2

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Legislation Amendment Bill 2017

(d) an equipment licence.

6 Section 14

Before "An application", insert "(2)".

7 Subsections 17(1) and (2)

Repeal the subsections, substitute:

(1) If, at the end of 60 days after an application for a licence is made,

the Minister has not:

(a) granted a licence; or

(b) refused the application; or

the Minister is taken, for the purposes of section 66 and subject to

subsection (4) of this section, to have refused the application on the

last of the 60 days.

(2) If:

(a) the Minister gives an applicant notice under section 15

requiring the applicant to give the Minister further

information relating to the application; and

(b) at the end of 60 days after the information is given to the

Minister, the Minister has not:

(i) granted a licence; or

(ii) refused the application; or

(iii) made a further request under section 15;

the Minister is taken, for the purposes of section 66 and subject to

subsection (4) of this section, to have refused the application on the

last of those 60 days.

8 Before section 18

Insert:

Division 4--Conditions on, and duration of, licence

9 Section 19

Repeal the section, substitute:

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19 Duration of licences

When a licence comes into force

(1) A licence comes into force on the day specified in it.

When a licence stops being in force

(2) A controlled substances licence, an essential uses licence or a used

substances licence stays in force until the earlier of:

(a) the end of:

(i) if the licence is not renewed under section 19AC--the

licence period in which the licence comes into force

under subsection (1) of this section; or

(ii) if the licence is renewed one or more times under

section 19AC--the licence period starting immediately

after the time the licence would have ended apart from

the last renewal; and

(b) if the licence is an essential uses licence, or a used substances

licence, that specifies a period that ends before the time that

applies under paragraph (a)--the end of that specified period;

unless the licence is cancelled, or stops being in force for any other

reason, before then.

Note:

An essential uses licence, or a used substances licence, that specifies a

period under paragraph (b) cannot be renewed: see

subsection 19AC(4).

(3) An equipment licence stays in force until the earlier of:

(a) the end of:

(i) if the licence is not renewed under section 19AC--2

years starting on the day the licence comes into force

under subsection (1) of this section; or

(ii) if the licence is renewed one or more times under

section 19AC--2 years starting immediately after the

time the licence would have ended apart from the last

renewal; and

(b) if the licence species a period, or a method for ascertaining a

period, that ends before the time that applies under

paragraph (a)--the end of that period;

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unless the licence is cancelled, or stops being in force for any other

reason, before then.

10 After section 19

Insert:

Division 5--Renewing licences

19AA Application for renewal of licence

(1) The holder of a licence may apply to the Minister for a renewal of

the licence.

(2) The application must be made no later than 60 days before the

licence ceases to be in force.

(3) The application must:

(a) be in the approved form; and

(b) be accompanied by the fee prescribed by the regulations,

unless the fee has been waived in accordance with the

regulations; and

19AB Request for further information

The Minister may, within 60 days after an application for a renewal

of a licence is made under section 19AA, give the applicant written

notice requiring the applicant to give to the Minister such further

information relating to the application as is specified in the notice.

19AC Decision on application

(1) If a person applies under section 19AA for a renewal of a licence,

the Minister must:

(a) subject to subsections (2) and (4), renew the licence by:

(i) giving the applicant written notice of the renewal; and

(ii) amending the licence as mentioned in subsection (5), if

applicable; or

(b) refuse to renew the licence, by giving the applicant written

notice of:

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(i) the refusal; and

(ii) the reasons for the refusal.

Note:

The effect of a renewal of a licence is to extend the period for which

the licence is in force: see subparagraphs 19(2)(a)(ii) and (3)(a)(ii).

(2) Subsections 16(3A) to (6B) (about criteria) apply in relation to

renewing the licence in the same way as those subsections apply in

relation to granting a licence.

(3) In applying subsection (2), the Minister may take into account the

Minister's previous consideration of the matters mentioned in

subsections 16(3A) to (6B) in relation to granting or renewing the

licence.

Licences in force for a specified period

(4) The Minister must not renew an essential uses licence, or a used

substances licence, that specifies a period for the purposes of

paragraph 19(2)(b).

Note 1:

Paragraph 19(2)(b) allows a licence to specify a period, shorter than a

licence period, during which the licence stays in force.

Note 2:

The Minister may amend the specified period under section 19C at the

request of the licensee.

(5) If the Minister renews an equipment licence that specifies a period

or method for the purposes of paragraph 19(3)(b), the Minister

must amend the licence to:

(a) remove the specification; or

(b) specify a period, or a method for ascertaining a period, that

ends within 2 years after the time the licence would have

ended apart from the renewal.

Note:

Paragraph 19(3)(b) allows a licence to specify a period, or a method

for ascertaining a period, shorter than 2 years, during which the

licence stays in force.

19AD Deemed refusal of renewal

(1) If, at the end of 60 days after an application for a renewal of a

licence is made under section 19AA, the Minister has not:

(a) renewed the licence under section 19AC; or

(b) refused the application under section 19AC; or

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the Minister is taken, for the purposes of sections 19AE and 66, to

have refused the application on the last of the 60 days.

(2) If:

(a) the Minister gives an applicant notice under section 19AB

requiring the applicant to give to the Minister further

information relating to the application; and

(b) at the end of 60 days after the information is given to the

Minister, the Minister has not:

(i) renewed the licence under section 19AC; or

(ii) refused the application under section 19AC; or

(iii) made a further request under section 19AB;

the Minister is taken, for the purposes of sections 19AE and 66, to

have refused the application on the last of the 60 days.

19AE Deemed application for new licence

If:

(a) a person applies under section 19AA for a renewal of a

licence; and

(b) the licence ceases to be in force (other than because it is

cancelled or terminated) before the Minister:

(i) renews the licence under section 19AC; or

(ii) refuses the application under section 19AC;

the person is taken to have applied in accordance with section 14

for a licence of the same type on the day after the licence ceased to

be in force.

Division 6--Other changes to licences

11 Subsection 19A(2)

Repeal the subsection, substitute:

(2) The Minister must not terminate a licence unless satisfied that it is

necessary to do so for the purpose of giving effect to an adjustment

or amendment of:

(a) the Montreal Protocol; or

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(b) the Framework Convention on Climate Change; or

12 Before section 22

Insert:

Division 7--Other provisions

13 After paragraph 66(b)

Insert:

(baa) a decision refusing to renew a licence under section 19AC

(including a decision that is taken to have been made under

section 19AD);

Division 2

--Equipment licences

Ozone Protection and Synthetic Greenhouse Gas (Import

Levy) Act 1995

14 Paragraph 4A(1)(a)

Omit "ODS/SGG".

15 Paragraph 4B(1)(a)

Omit "ODS/SGG".

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

16 Section 7

Insert:

equipment licence means a licence referred to in

subsection 13A(5).

17 Section 7 (definition of licence)

Omit "ODS/SGG".

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18 Section 7 (definition of ODS/SGG equipment licence)

Repeal the definition.

19 Section 7

Insert:

Schedule 4 activity means the manufacturing or importing of

equipment if:

(a) the equipment contains scheduled substances, or uses

scheduled substances in its operation; and

(b) the manufacturing or importing contravenes Schedule 4

(disregarding subsections 13(2) and (5)).

section 69G activity means the manufacturing or importing of

equipment in contravention of regulations made for the purposes of

section 69G (disregarding subsections 69G(4) and (5)).

20 At the end of paragraph 13(1)(b)

Add "(other than by carrying out a Schedule 4 activity or a section 69G

activity)".

21 At the end of subsection 13(1)

Add:

; or (c) carry out a Schedule 4 activity.

Note:

Section 69G activities are prohibited by regulations made for the

purposes of section 69G.

22 Subsection 13(5)

After "Paragraph (1)(b)", insert "or (c)".

23 Before subsection 13A(2)

Insert:

Controlled substances licence

24 Before subsection 13A(3)

Insert:

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Essential uses licence

25 Before subsection 13A(4)

Insert:

Used substances licence

26 Subsection 13A(5)

Repeal the subsection, substitute:

Equipment licence

(5) An equipment licence allows the licensee to carry out the following

activities:

(a) import ODS equipment or SGG equipment (other than by

carrying out Schedule 4 activities or section 69G activities);

(b) any Schedule 4 activities or section 69G activities specified

in the licence.

(6) To avoid doubt, activities that may be specified as mentioned in

paragraph (5)(b) include importing specified ODS equipment or

SGG equipment if importing that equipment is a Schedule 4

activity or section 69G activity.

27 Before subsection 16(1)

Insert:

Minister may grant licence

28 Subsection 16(1)

Omit "and (4)", substitute "to (6B)".

29 Before subsection 16(3)

Insert:

Content and form of licence

30 Subsection 16(3)

Omit "ODS/SGG".

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31 After subsection 16(3AA)

Insert:

(3AB) An equipment licence must:

(a) state that it allows the licensee to import ODS equipment or

SGG equipment (other than by carrying out Schedule 4

activities or section 69G activities); and

(b) specify the Schedule 4 activities and section 69G activities (if

any) the licence allows.

(3AC) Two or more licences granted to the same person may be set out in

the same document.

Criteria for granting licence

32 Subsection 16(3B)

Repeal the subsection.

33 After subsection 16(6)

Insert:

(6A) The Minister must not grant an equipment licence that allows a

Schedule 4 activity or section 69G activity in relation to equipment

unless:

(a) either or both of the following subparagraphs apply:

(i) subsection (6B) applies in relation to the equipment;

(ii) the Schedule 4 activity or section 69G activity is

prescribed by the regulations for the purposes of this

subparagraph; and

(b) the requirements (if any) prescribed by the regulations for the

purposes of this paragraph in relation to the activity and the

licence are satisfied.

(6B) For the purposes of subparagraph (6A)(a)(i), this subsection

applies if the Minister is satisfied that:

(a) both:

(i) the equipment is essential for medical, veterinary,

defence, industrial safety, or public safety, purposes;

and

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(ii) no practical alternative exists to the use of scheduled

substances in the operation or manufacture, as the case

requires, of the equipment if it is to continue to be

effective for such a purpose; or

(b) because of the requirements of a law concerning the

manufacture or use of the equipment, there is no practical

alternative to the use of scheduled substances in the operation

or manufacture, as the case requires, of the equipment; or

scientific, measuring or safety equipment.

Refusal of application

34 Part V

Repeal the Part.

35 Subparagraphs 57(1)(d)(i), (ii) and (iii)

Omit "38", substitute "13".

36 Subparagraphs 57(1)(e)(i) and (ii)

Omit "39", substitute "69G".

37 Subparagraph 65AA(1)(a)(iii)

Repeal the subparagraph.

38 Paragraph 65C(1)(c)

Repeal the paragraph.

39 Paragraph 66(eb)

Omit "36H;", substitute "36H.".

40 Paragraphs 66(g), (h) and (i)

Repeal the paragraphs.

41 Subsection 69B(1)

Omit "V or".

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42 Paragraphs 69B(2)(d) and (e)

Repeal the paragraphs, substitute:

(d) conduct engaged in by:

(i) a corporation to which paragraph 51(xx) of the

Constitution applies; or

(ii) a body corporate that carries on as its sole or principal

business the business of banking (other than State

banking not extending beyond the limits of the State

concerned) or insurance (other than State insurance not

extending beyond the limits of the State concerned); or

(iii) a body corporate incorporated in a Territory; or

(e) the following activities:

(i) trade or commerce between Australia and places outside

Australia;

(ii) trade or commerce among the States;

(iii) trade or commerce within a Territory, between a State

and a Territory or between 2 Territories;

(iv) the supply of goods or services to the Commonwealth;

(v) the use of postal, telegraphic or telephonic services;

(vi) the making of a radio or television broadcast.

43 At the end of section 69B

Add:

(3) A term used in subsection (2) and the Constitution has the same

meaning in that subsection as it has in the Constitution.

44 After section 69F

Insert:

69G Regulations concerning manufacture etc. of equipment

containing scheduled substances

(1) The regulations may include provisions prohibiting or regulating

the manufacture, import, export, distribution or use of equipment

that:

(a) contains scheduled substances; or

(b) uses scheduled substances in its operation.

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(2) The provisions that may be made by the regulations include, but

are not limited to, provisions:

(a) prohibiting the manufacture, import, export, distribution or

use of particular kinds of equipment; or

(b) prohibiting the manufacture, import, export, distribution or

use of particular kinds of equipment except in accordance

with prescribed requirements; or

person who has not complied with a code of practice relating

to the recovery, recycling or disposal of scheduled substances

used in equipment manufactured or imported by that person;

(d) prohibiting the distribution of equipment that is not labelled

or marked in accordance with the regulations.

(3) To avoid doubt, the provisions that may be made by the regulations

include, but are not limited to, provisions prohibiting or regulating

the import of ODS equipment or SGG equipment.

Note:

Importing ODS equipment or SGG equipment is prohibited under

paragraph 13(1)(b), except to the extent it is a Schedule 4 activity (and

therefore prohibited under paragraph 13(1)(c)) or is prohibited by the

regulations made for the purposes of this section.

(4) A person does not contravene a regulation made for the purposes

of this section by carrying out a section 69G activity if the person

holds an equipment licence that allows the activity.

(5) Subsection 13(5) (exception for certain private or domestic use)

applies in relation to a regulation made for the purposes of this

section in the same way as that subsection applies in relation to

paragraph 13(1)(b) or (c).

45 Schedule 4 (note to Schedule heading)

Repeal the note, substitute:

Note:

See the definition of Schedule 4 activity in section 7.

46 Subclause 5(1) of Schedule 4

Omit "unless the manufacture or importation is in accordance with an

exemption granted to the person under section 40".

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47 Clause 8 of Schedule 4

After "must not manufacture", insert "or import".

Division 3

--Application, saving and transitional

provisions

48 Application of amendments

(1)

The amendments of section 17 of the Ozone Protection and Synthetic

Greenhouse Gas Management Act 1989 made by this Part apply in

relation to notice given under section 15 of that Act on or after the

commencement of this item in relation to an application for a licence,

whether the application was made before, on or after that

commencement.

(2)

Division 5 of Part III of the Ozone Protection and Synthetic Greenhouse

Gas Management Act 1989, as inserted by this Part, applies in relation

to an application made under that Act on or after the commencement of

this item for the renewal of a licence, whether the licence was granted

before, on or after that commencement.

49 Transitional

--applications, licences and exemptions

Applications

(1)

If:

(a) before the commencement of this item, a person applied for a

licence under subsection 13A(1) of the Ozone Protection and

Synthetic Greenhouse Gas Management Act 1989; and

(b) immediately before that commencement, the Minister had

neither granted the licence nor refused the application;

the application has effect, from that commencement, as if it were

an application made under subsection 14(1) of that Act, as

amended by this Part.

(2)

If:

(a) before the commencement of this item, a person applied for

an exemption under subsection 40(1) of the Ozone Protection

and Synthetic Greenhouse Gas Management Act 1989; and

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(b) immediately before that commencement, the Minister had

neither granted the exemption nor refused the application;

the application has effect, from that commencement, as if it were

an application made under subsection 14(1) of that Act, as

amended by this Part, for an equipment licence.

ODS/SGG equipment licences

(3)

An ODS/SGG equipment licence that:

(a) was granted under the Ozone Protection and Synthetic

Greenhouse Gas Management Act 1989 before the

commencement of this item; and

(b) immediately before that commencement:

(i) was in force; or

(ii) had not yet come into force and had not been terminated

or cancelled;

has effect, from that commencement, as if the ODS/SGG equipment

licence were an equipment licence granted under that Act, as amended

by this Part.

Exemptions

(4)

An exemption that:

(a) was granted under section 40 of the Ozone Protection and

Synthetic Greenhouse Gas Management Act 1989; and

(b) immediately before the commencement of this item:

(i) was in force; or

(ii) had not yet come into force and had not been cancelled;

has effect, from that commencement or from when the instrument

comes into force after that commencement, as if:

Act, as amended by this Part; and

(d) the licence specified, as Schedule 4 activities or section 69G

activities it allowed, the activities that would contravene the

obligation to which the exemption related; and

(e) the licence specified, under paragraph 19(3)(b) of that Act,

the period that was specified in relation to the exemption

under subsection 40(6) immediately before that

commencement; and

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Part 2--Levy periods, threshold and penalty interest

Evidence Act 1995

50 Part 1 of the Dictionary (subparagraph (b)(vi) of the

definition of Commonwealth document)

Omit "or 46A".

Ozone Protection and Synthetic Greenhouse Gas (Import

Levy) Act 1995

51 Paragraph 3A(1)(b)

Omit "quarter", substitute "reporting period".

52 Subsections 3A(6) and (7)

Omit "quarter" (wherever occurring), substitute "reporting period".

53 Paragraph 4(1)(b)

Omit "quarter", substitute "reporting period".

54 Subsection 4(4)

Omit "quarter" (wherever occurring), substitute "reporting period".

55 Paragraph 4A(1)(b)

Omit "quarter", substitute "reporting period".

56 Subsections 4A(4) and (5)

Omit "quarter" (wherever occurring), substitute "reporting period".

57 Paragraph 4B(1)(b)

Omit "quarter", substitute "reporting period".

58 Subsection 4B(3)

Omit "quarter" (wherever occurring), substitute "reporting period".

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Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

59 Section 7 (definition of quarter)

Repeal the definition.

60 Section 7

Insert:

reporting period means a period of 6 months starting on 1 January

or 1 July.

61 Section 46 (heading)

Repeal the heading, substitute:

46 Periodic reports by manufacturers, importers and exporters of

scheduled substances

62 Subsections 46(1) to (2)

Repeal the subsections, substitute:

Requirement to report

(1) A person who engages, during a reporting period, in an activity set

out in column 1 of an item of the following table must give to the

Minister a report in relation to the activity in accordance with

subsection (1A) and the regulations, unless an exception in column

2 of the item applies.

Reportable activities

Item

Column 1

Activity

Column 2

Exceptions

manufacturing, importing, exporting

or destroying a scheduled substance

(a) the scheduled substance is an

SGG; or

(b) the scheduled substance is

contained in ODS equipment or

SGG equipment; or

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Reportable activities

Item

Column 1

Activity

Column 2

Exceptions

activity or section 69G activity

manufacturing, importing, exporting

or destroying an SGG

(a) the SGG is contained in ODS

equipment or SGG equipment; or

(b) the activity is a Schedule 4

activity or section 69G activity;

circumstances prescribed by the

regulations for the purposes of

subsection 13(3)

importing ODS equipment or SGG

equipment

(a) the importing is a Schedule 4

activity or section 69G activity;

(b) the importing is covered by

subsection 13(5) or (6)

a Schedule 4 activity or a

section 69G activity

the activity is covered by

subsection 13(5)

When report must be given

(1A) The report must be given to the Minister before the 15th day after

the end of the reporting period.

Quarterly reporting

(1B) Without limiting subsection (1), a person may comply with that

section by giving separate reports in relation to each half of the

reporting period.

Penalties

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 60 penalty units.

63 Subsection 46(2C)

Omit "or (1AA)".

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64 Subsection 46(3)

Repeal the subsection.

65 Section 46A

Repeal the section.

66 At the end of subparagraph 65AA(1)(a)(vii)

Add "or".

67 Subparagraph 65AA(1)(a)(viii)

Repeal the subparagraph.

68 Paragraph 65C(1)(d)

Repeal the paragraph.

69 Paragraph 69(1)(a)

Omit "quarter", substitute "reporting period".

70 Subsections 69(2) and (3)

Repeal the subsections, substitute:

(2) A licence levy is:

(a) a debt due to the Commonwealth by the licensee concerned;

and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a designated court.

(3) A licence levy in relation to a reporting period is not payable by a

licensee if the total of the licence levies that would by payable by

the licensee in relation to the reporting period, apart from this

subsection, is less than or equal to the amount (if any) prescribed

by the regulations for the purposes of this subsection.

Ozone Protection and Synthetic Greenhouse Gas

(Manufacture Levy) Act 1995

71 Paragraph 3A(1)(b)

Omit "quarter", substitute "reporting period".

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72 Subsections 3A(4) and (5)

Omit "quarter" (wherever occurring), substitute "reporting period".

73 Paragraph 4(1)(b)

Omit "quarter", substitute "reporting period".

74 Subsection 4(3)

Omit "quarter" (wherever occurring), substitute "reporting period".

75 Application of amendments

(1)

Subject to subitems (3) to (6), the amendments made by this Part apply

in relation to:

(a) the first reporting period (the first reporting period) starting

on or after the commencement of this item; and

(b) later reporting periods.

(2)

To avoid doubt, the amendments do not, subject to subitems (3) to (6),

apply in relation to quarters ending before the start of the first reporting

period.

Recovery and threshold

(3)

Subsection 69(2) of the Ozone Protection and Synthetic Greenhouse

Gas Management Act 1989, as amended by this Part, applies in relation

to a licence levy that:

(a) becomes due and payable on or after the commencement of

this item; or

(b) became due and payable before that commencement, to the

extent the levy is not paid before that commencement;

whether the quarter or reporting period to which the levy relates ended

before, on or after that commencement.

(4)

Subsection 69(3) of the Ozone Protection and Synthetic Greenhouse

Gas Management Act 1989, as amended by this Part, applies in relation

to a licence levy that becomes due and payable on or after the

commencement of this item, whether the quarter or reporting period to

which the levy relates ended before, on or after that commencement.

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(5)

For the purposes of that subsection, a licence levy that relates to a

quarter ending before the first reporting period is taken to relate to the

reporting period in which the quarter occurs.

Penalty interest

(6)

Penalty interest is not incurred on or after the commencement of this

item under subsection 69(2) of the Ozone Protection and Synthetic

Greenhouse Gas Management Act 1989, as in force immediately before

that commencement, in relation to a licence levy, whether the quarter or

reporting period to which the levy relates ended before, on or after that

commencement.

76 Transitional provision

If, immediately before the commencement of this item, the total of the

debts due and payable by a person to the Commonwealth under

section 69 of the Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989 is equal to or less than $330, those debts cease to

be payable at that commencement.

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Part 4--Synthetic greenhouse gases

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

78 Section 7

Insert:

nitrogen trifluoride means the substance referred to in Part XII of

Schedule 1, whether existing alone or in a mixture.

79 Section 7 (definition of SGG)

Repeal the definition, substitute:

SGG or synthetic greenhouse gas means any of the following:

(a) an HFC;

(b) nitrogen trifluoride;

(d) sulfur hexafluoride.

80 Paragraph 8D(1)(b)

Before "sulfur hexafluoride", insert "nitrogen trifluoride or".

81 Subsection 9(1)

Omit "or XI", substitute ", XI or XII".

82 Schedule 1 (note to the Schedule heading)

Repeal the note, substitute:

Note:

See section 7.

83 Part X of Schedule 1

Repeal the Part, substitute:

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Part X--PFCs

PFCs

Item

Substance

(PFC-14)

(PFC-116)

(PFC-218)

(PFC-3-1-10)

c-C

(PFC-318)

(PFC-4-1-12)

(PFC-5-1-14)

(PFC-9-1-18)

84 At the end of Schedule 1

Add:

Part XII--Nitrogen trifluoride

Nitrogen trifluoride

Item

Substance

Nitrogen trifluoride (NF

)

85 Application of amendments

(1)

The amendments made by this Part apply in relation to an import,

export or manufacture of goods or a substance that occurs on or after

the commencement of this item.

(2)

To avoid doubt, a controlled substances licence that:

(a) was granted under the Ozone Protection and Synthetic

Greenhouse Gas Management Act 1989 before the

commencement of this item; and

(b) related to SGGs immediately before that commencement; and

relates, from that commencement, to SGGs within the meaning of

that Act, as amended by this Schedule.

Amendments commencing 1 January 2018 Schedule 2

Export of HCFCs Part 5

No. , 2017

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

Part 5--Export of HCFCs

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

86 Subsection 25A(2)

Repeal the subsection, substitute:

(2) For the purposes of this Act, the quantity of HCFCs that is taken to

be involved in regulated HCFC activities engaged in by a licensee

in a period is the greater of the quantity worked out using the

following formula and nil:

Quantity of HCFCs

actually involved in

Quantity of

regulated HFC

HCFCs exported

activities engaged in

by the licensee

in the period,

expressed in

ODP tonnes

�-

Heel

allowance

100%

percentage

for HCFCs

P tonnes



































�-

































(3) For the purposes of subsection (2), the quantity of HCFCs exported

by a licensee in a period is taken not to include any quantity

exported under a direction given to the licensee under section 35A

(direction to export HCFCs if quota exceeded).

87 Application of amendments

The amendment made by this Part applies in relation to periods starting

on or after the commencement of this item.

Schedule 3 Amendments commencing 1 January 2020

Part 1 Bulk HCFC use

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

No. , 2017

Schedule 3--Amendments commencing

1 January 2020

Part 1--Bulk HCFC use

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

1 At the end of paragraph 45A(1)(b)

Add "(other than a use of HCFCs that is prohibited under section 45C)".

2 At the end of Part VIA

Add:

45C Use of HCFC

(1) A person must not use an HCFC that was manufactured or

imported on or after 1 January 2020.

(2) Subsection (1) does not apply if the use is for a purpose prescribed

by the regulations for the purposes of this subsection.

Note:

In a prosecution for an offence against subsection (3), a defendant

bears an evidential burden in relation to the matter in this

subsection (see subsection 13.3(3) of the Criminal Code).

Penalties

(3) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 300 penalty units.

(4) Subsection (1) is a civil penalty provision.

Note 1:

Division 7 of Part VIII provides for pecuniary penalties for breaches

of civil penalty provisions.

Note 2:

For maximum penalty, see subsection 65AC(4).

Amendments commencing 1 January 2020 Schedule 3

HCFC equipment Part 2

No. , 2017

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

Part 2--HCFC equipment

Ozone Protection and Synthetic Greenhouse Gas (Import

Levy) Act 1995

3 Subsection 4B(2)

Omit "or (5)".

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

4 Paragraph 13(1)(b)

Omit "ODS equipment or".

5 Subsection 13(6)

Omit "ODS equipment or".

6 Paragraph 13(6)(a)

Repeal the paragraph.

7 Paragraph 13(6)(b)

Omit "in the case of SGG equipment--".

8 Paragraph 13(6)(c)

Omit "in any case--".

9 Paragraph 13A(5)(a)

Omit "ODS equipment or".

10 Subsection 13A(6)

Omit "ODS equipment or".

11 Paragraph 16(3AB)(a)

Omit "ODS equipment or".

Schedule 3 Amendments commencing 1 January 2020

Part 2 HCFC equipment

Ozone Protection and Synthetic Greenhouse Gas Management

Legislation Amendment Bill 2017

No. , 2017

12 Subsection 46(1) (table items 1, 2 and 3)

Omit "ODS equipment or".

13 Subsection 69G(3)

Omit "ODS equipment or".

14 Subsection 69G(3) (note)

Omit "ODS equipment or".

15 Paragraph 10(1)(a) of Schedule 4

Omit "or an HCFC refrigerant".

16 Paragraph 10(1)(b) of Schedule 4

Repeal the paragraph, substitute:

(b) the equipment is designed to operate solely using a CFC

refrigerant; or

17 Paragraph 10(1)(c) of Schedule 4

Omit "or an HCFC".

18 At the end of Schedule 4

Add:

11 HCFC equipment

A person must not manufacture or import equipment that:

(a) contains HCFCs; or

(b) uses HCFCs in its operation.

19 Application of amendments

(1)

The amendments made by this Part apply in relation to manufacturing

or importing that occurs on or after the commencement of this item.

(2)

To avoid doubt, an equipment licence that:

(a) was granted under the Ozone Protection and Synthetic

Greenhouse Gas Management Act 1989 before the

commencement of this item; and

Commonwealth of Australia Bills

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT LEGISLATION AMENDMENT BILL 2017