OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT REFORM (CLOSING THE HOLE IN THE OZONE LAYER) BILL 2022

No. , 2022

Ozone Protection and Synthetic Greenhouse Gas Management Reform

(Closing the Hole in the Ozone Layer) Bill 2022

Contents

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

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

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

Schedule 1--Amendments

Part 1--Amendments

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Part 2--Application and transitional provisions

Division 1--Definitions

Division 2--General provisions

Division 3--Enforcement

Ozone Protection and Synthetic Greenhouse Gas Management Reform

(Closing the Hole in the Ozone Layer) Bill 2022

No. , 2022

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

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.

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repealed as set out in the applicable items in the Schedule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

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(Closing the Hole in the Ozone Layer) Bill 2022

Schedule 1--Amendments

Part 1--Amendments

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

1 Paragraph 3(d)

Omit "and the Kyoto Protocol", substitute ", the Kyoto Protocol and the

Paris Agreement".

2 After section 3

Insert:

3A Simplified outline of this Act

This Act provides for controls on activities involving certain ozone

depleting substances and synthetic greenhouse gases (SGGs),

collectively referred to as scheduled substances.

A person must not carry out any of the following activities unless

the person holds a licence that allows the activity (subject to

certain exceptions):

(a)

manufacturing, importing or exporting a scheduled

substance;

(b)

manufacturing, importing or exporting equipment that

contains a scheduled substance, or uses a scheduled

substance in its operation.

In certain cases, the manufacture, import or export of equipment

that contains a scheduled substance, or uses a scheduled substance

in its operation, is prohibited only if the equipment or substance (or

both) is prescribed by regulations made under this Act.

There are 5 kinds of licence, as follows:

(a)

controlled substances licences, that allow the

manufacture, import or export of HCFCs, methyl

bromide or SGGs;

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(b)

essential uses licences, that allow the manufacture,

import or export of scheduled substances (other than

methyl bromide and SGGs other than HFCs) for

essential uses;

(c)

used substances licences, that allow the import or export

of used substances;

(d)

feedstock licences, that allow the manufacture or import

of scheduled substances exclusively for use as a

feedstock;

(e)

equipment licences, that allow the manufacture, import

or export of equipment that contains a scheduled

substance, or that uses a scheduled substance in its

operation.

There are certain mandatory licence conditions, including

conditions relating to quotas for manufacturing or importing

HCFCs or HFCs under controlled substances licences. The

Minister may also impose licence conditions.

Regulations made under this Act may make provision for the

following:

(a)

prohibiting or regulating the distribution, purchase,

acquisition or disposal of scheduled substances;

(b)

prohibiting or regulating the storage, use or handling of

scheduled substances (other than certain uses of

HCFCs);

(c)

prohibiting or regulating the recovery, recycling or

destruction of scheduled substances;

(d)

labelling requirements for scheduled substances and for

equipment that contains or uses scheduled substances.

A person must not, except in limited circumstances:

(a)

discharge a scheduled substance if it is likely to enter the

atmosphere; or

(b)

use an HCFC that was manufactured or imported on or

after 1 January 2020.

A person may have reporting obligations if the person:

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(a)

manufactures, imports or exports a scheduled substance;

(b)

manufactures, imports or exports equipment under an

equipment licence.

Record-keeping obligations relating to the manufacture, import or

export of scheduled substances by licensees are provided for by the

regulations.

This Act and the regulations are enforced by triggering certain

provisions of the Regulatory Powers Act. Provision is also made

for:

(a)

the use and disclosure of information obtained under this

Act or the Regulatory Powers Act as it applies in

relation to this Act; and

(b)

applicants and licensees to seek review of certain

decisions made under this Act.

3 Section 6A

Omit "(other than Part 2.5)".

4 At the end of Part I

Add:

6B Contravening an offence provision or a civil penalty provision

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the

conduct provision

)

commits an offence or is liable to a civil penalty.

(2) For the purposes of this Act, and the Regulatory Powers Act to the

extent that it relates to this Act, a reference to a contravention of an

offence provision or a civil penalty provision includes a reference

to a contravention of the conduct provision.

(3) For the purposes of applying Chapter 2 of the

Criminal Code

to the

offence, the physical elements of the offence are set out in the

conduct provision.

Note:

Chapter 2 of the

Criminal Code

sets out general principles of criminal

responsibility.

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5 Before section 7

Insert:

7AA Simplified outline of this Part

This Part is about terms used in this Act.

Section 7 is like a dictionary and contains a list of most terms that

are defined in the Act. A term will either be defined in section 7 or

in another provision of this Act. If another provision defines the

term, section 7 will usually have a signpost to that definition.

The remaining provisions of this Part either define particular terms

that are used elsewhere in the Act or affect the meaning of

references to particular expressions.

6 Section 7 (definition of 100-year global warming potential)

Omit "a table in Schedule 1", substitute "the clause in Schedule 1 that

covers that substance".

7 Section 7

Repeal the following definitions:

(a) definition of

bromochloromethane

;

(b) definition of

carbon tetrachloride

8 Section 7 (definition of CFC)

Omit "means a substance referred to in Part I", substitute "(short for

chlorofluorocarbon) means a substance covered by clause 1".

9 Section 7 (definition of civil penalty order)

Repeal the definition, substitute:

civil penalty order

has the same meaning as in the Regulatory

Powers Act.

10 Section 7 (definition of civil penalty provision)

Repeal the definition, substitute:

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civil penalty provision

has the same meaning as in the Regulatory

Powers Act.

11 Section 7

Insert:

Commonwealth entity

has the same meaning as in the

Public

Governance, Performance and Accountability Act 2013

contravene

an offence or civil penalty provision has a meaning

affected by section 6B.

Note:

The meaning of

contravention

is correspondingly affected (see

section 18A of the

Acts Interpretation Act 1901

critical uses

, of methyl bromide,

has the meaning given by

subsection 18(10).

12 Section 7 (paragraph (a) of the definition of designated

court)

After "Court", insert "of Australia".

13 Section 7

Insert:

emergency use

, of methyl bromide, has the meaning given by

subsection 18(10).

14 Section 7

Repeal the following definitions:

(a) definition of

enforcement powers

;

(b) definition of

enforcement warrant

15 Section 7

Insert:

engage in conduct

has the same meaning as in the

Criminal Code

entrusted person

means:

(a) the Minister; or

(b) the Secretary; or

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(d) any other person employed in, or engaged by, the

Department.

16 Section 7 (definition of equipment licence)

Omit "13A(5)", substitute "13A(6)".

17 Section 7 (definition of essential use)

Repeal the definition, substitute:

essential use

has the meaning given by subsection 13A(3B).

18 Section 7

Repeal the following definitions:

(a) definition of

evidential burden

;

(b) definition of

evidential material

;

Federal Court

19 Section 7

Insert:

feedstock licence

means a licence referred to in subsection 13A(5).

20 Section 7 (definition of halon)

Omit "referred to in Part II", substitute "covered by clause 2".

21 Section 7 (definition of HBFC)

Omit "means a hydrobromofluorocarbon referred to in Part VI",

substitute "(short for hydrobromofluorocarbon) means a substance

covered by clause 6".

22 Section 7 (definition of HCFC)

Omit "means a hydrochlorofluorocarbon referred to in Part V",

substitute "(short for hydrochlorofluorocarbon) means a substance

covered by clause 5".

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23 Section 7 (definition of HFC)

Omit "means a hydrofluorocarbon referred to in Part IX", substitute

"(short for hydrofluorocarbon) means a substance covered by clause 9".

24 Section 7

Insert:

inspector

means:

(a) a member or special member of the Australian Federal

Police; or

(b) an officer of Customs; or

section 49.

laboratory and analytical uses

, of methyl bromide, has the

meaning given by subsection 18(10).

25 Section 7 (definition of licence)

Omit "or an equipment licence", substitute ", an equipment licence or a

feedstock licence".

26 Section 7 (definition of methyl bromide)

Omit "referred to in Part VII", substitute "covered by clause 7".

27 Section 7

Repeal the following definitions:

(a) definition of

methyl chloroform

;

(b) definition of

monitoring powers

28 Section 7 (definition of nitrogen trifluoride)

Omit "referred to in Part XII", substitute "covered by clause 12".

29 Section 7 (definition of ODS equipment)

Repeal the definition, substitute:

ODS equipment

means equipment that:

(a) contains a scheduled substance other than an SGG; or

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(b) uses a scheduled substance other than an SGG in its

operation.

Note:

Equipment may be covered by this definition even if the equipment

also contains a scheduled substance that is an SGG.

30 Section 7 (definition of offence against this Act or the

regulations)

Omit "section 137.1 or 137.2 of the

Criminal Code

", substitute "the

Crimes Act 1914

or the

Criminal Code

31 Section 7

Insert:

official

has the same meaning as in the

Public Governance,

Performance and Accountability Act 2013

32 Section 7 (definition of ozone depleting potential)

Omit "a table in Schedule 1", substitute "the clause in Schedule 1 that

covers that substance".

33 Section 7

Insert:

Paris Agreement

means the Paris Agreement, done at Paris on

12 December 2015, as amended and in force for Australia from

time to time.

Note:

The Agreement, as originally in force for Australia, is in Australian

Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be

viewed in the Australian Treaties Library on the AustLII website

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

34 Section 7 (definition of PFC)

Omit "means a perfluorocarbon referred to in Part X", substitute "(short

for perfluorocarbon) means a substance covered by clause 10".

35 Section 7 (definition of premises)

Repeal the definition.

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36 Section 7

Insert:

protected information

means information of any of the following

kinds obtained by an entrusted person:

(a) information the disclosure of which by the entrusted person

could reasonably be expected to found an action by a person

(other than the Commonwealth) for breach of a duty of

confidence;

(b) information the disclosure of which could reasonably be

expected to prejudice the effective working of government;

expected to prejudice the prevention, detection, investigation,

prosecution or punishment of one or more offences;

(d) information the disclosure of which could reasonably be

expected to endanger a person's life or physical safety;

(e) information the disclosure of which could reasonably be

expected to prejudice the protection of public safety or the

environment.

QPS use

, of methyl bromide, has the meaning given by

subsection 18(11).

reconsideration decision

has the meaning given by

subsection 65ZB(2).

37 Section 7

Repeal the following definitions:

(a) definition of

recycled or used HCFCs

;

(b) definition of

recycled or used methyl bromide

;

recycled or used SGGs

;

(d) definition of

recycled or used stage-1 or stage-2 scheduled

substances

38 Section 7

Insert:

refrigeration and air conditioning equipment

has the meaning

given by subsection 12B(2).

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Regulatory Powers Act

means the

Regulatory Powers (Standard

Provisions) Act 2014

relevant information

means information obtained by an entrusted

person under, or in accordance with, this Act or the Regulatory

Powers Act as it applies in relation to this Act.

reviewable decision

has the meaning given by section 65X.

39 Section 7 (definition of Schedule 4 activity)

Repeal the definition.

40 Section 7 (definition of scheduled substance)

Omit "referred to", substitute "covered by a clause".

41 Section 7 (definition of section 69G activity)

Repeal the definition.

42 Section 7 (definition of SGG equipment)

Repeal the definition, substitute:

SGG equipment

means equipment that:

(a) contains an SGG and does not contain any scheduled

substance that is not an SGG; or

(b) uses an SGG in its operation and does not use any scheduled

substance that is not an SGG in its operation.

Note:

Equipment that contains a scheduled substance other than an SGG, or

that uses a scheduled substance other than an SGG in its operation, is

ODS equipment.

43 Section 7

Repeal the following definitions:

(a) definition of

stage-1 CFC

;

(b) definition of

stage-2 CFC

;

stage-1 scheduled substance

;

(d) definition of

stage-2 scheduled substance

44 Section 7

Insert:

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State or Territory government body

means:

(a) a Department of State of a State or Territory; or

(b) an agency of a State or Territory; or

45 Section 7 (definition of sulfur hexafluoride)

Omit "referred to in Part XI", substitute "covered by clause 11".

46 Section 7

Insert:

suspended

: a licence is

suspended

if it is suspended under

subsection 19D(1).

used substance

has the meaning given by section 9AA.

47 Sections 8C, 8D and 9

Repeal the sections, substitute:

9 References to scheduled substances and equipment

Scheduled substances

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

scheduled substance) is a reference to a bulk scheduled substance

(or a bulk scheduled substance of that type), except if the reference

is in relation to equipment that:

(a) contains a scheduled substance (or type of scheduled

substance); or

(b) uses a scheduled substance (or type of scheduled substance)

in its operation.

(2) A scheduled substance is a

bulk scheduled substance

unless the

substance is:

(a) contained in equipment; or

(b) used in the operation of equipment.

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

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

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Note 1:

Subsection (3) affects whether a scheduled substance is contained in,

or used in the operation of, equipment for the purposes of this

subsection.

Note 2:

Subsection (4) and regulations made for the purposes of

paragraph (5)(a) may also affect whether a substance is a bulk

scheduled substance.

Equipment used only for storing or transporting a scheduled

substance

(3) A reference in this Act to:

(a) equipment

containing

a scheduled substance (or type of

scheduled substance); or

(b) equipment

using

a scheduled substance (or type of scheduled

substance) in its operation;

does not cover equipment that contains a scheduled substance, or is

being used, for the sole purpose of storing or transporting the

substance.

Note:

Subsection (4) and regulations made for the purposes of

paragraph (5)(b) or (c) may also affect whether a substance is

contained in, or used in the operation of, equipment.

Substances used in the process of manufacturing equipment

(4) 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 remains in minute quantities in open cell

foam after being used in the production of the foam.

Regulations

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

scheduled substance:

(a) is taken to be, or not to be, a

bulk scheduled substance

; or

(b) is taken to be, or not to be,

contained

in equipment; or

used

in the operation of

equipment; or

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(d) is taken to be, or not to be, contained in equipment for the

sole purpose of storing or transporting the substance;

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

because the substance was used in the process of

manufacturing the equipment.

(6) Regulations made for the purposes of subsection (5) have effect

despite subsections (2) to (4).

9AA Used substances

(1) Subject to subsection (2), a scheduled substance is a

used

substance

for the purposes of this Act if it is:

(a) collected from a container or other equipment during

servicing, or in connection with the disposal, of the container

or other equipment; or

(b) collected after an emissive use of the substance.

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

scheduled substance:

(a) is taken to be a

used substance

; or

(b) is taken not to be a

used substance

48 Subsection 9A(1)

Omit "HCFC or" (wherever occurring).

49 Subsection 9A(2)

Omit "HCFCs or" (wherever occurring).

50 Section 12A

Repeal the section.

51 Division 1 of Part III

Repeal the Division, substitute:

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Division 1--Preliminary

12A Simplified outline of this Part

A person must not carry out any of the following activities unless

the person holds a licence that allows the activity (subject to

certain exceptions):

(a)

manufacturing, importing or exporting a scheduled

substance;

(b)

manufacturing, importing or exporting equipment that

contains a scheduled substance, or uses a scheduled

substance in its operation.

In certain cases, the manufacture, import or export of equipment

that contains a scheduled substance, or uses a scheduled substance

in its operation, is prohibited only if the equipment or substance (or

both) is prescribed by regulations made under this Act.

There are 5 kinds of licence, as follows:

(a)

controlled substances licences, that allow the

manufacture, import or export of HCFCs, methyl

bromide or SGGs;

(b)

essential uses licences, that allow the manufacture,

import or export of scheduled substances (other than

methyl bromide and SGGs other than HFCs) for

essential uses;

(c)

used substances licences, that allow the import or export

of used substances;

(d)

feedstock licences, that allow the manufacture or import

of scheduled substances exclusively for use as a

feedstock;

(e)

equipment licences, that allow the manufacture, import

or export of equipment that contains a scheduled

substance, or that uses a scheduled substance in its

operation.

There are certain mandatory licence conditions, including

conditions relating to quotas for manufacturing or importing

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HCFCs or HFCs under controlled substances licences (see Parts IV

and IVA). The Minister may also impose licence conditions.

The Minister may renew a licence, subject to certain conditions.

The Minister may also:

(a)

terminate a licence if necessary for the purposes of

giving effect to relevant international agreements; or

(b)

transfer a licence, on application; or

(c)

amend a licence at the request of the licensee; or

(d)

suspend or cancel a licence if the licensee contravenes a

licence condition, is no longer a fit and proper person to

hold a licence or, for a suspension, is uncontactable.

The regulations may provide for certain details relating to licences

to be published.

12B Import or export of CFCs, halons, HCFCs, HFCs and PFCs for

use on board ships or aircraft

(1) This Part and Parts IV and IVA do not apply to the import or

export of a CFC, halon, HCFC, HFC or PFC if all of the following

conditions are satisfied:

(a) the CFC, halon, HCFC, HFC or PFC is on board a ship or

aircraft;

(b) the ship or aircraft has either or both of the following:

(i) refrigeration and air conditioning equipment;

(ii) fire protection equipment;

meeting the reasonable servicing requirements of that

equipment during, or in connection with, one or more periods

when the ship or aircraft is or will be engaged in a journey

between:

(i) a place in Australia and a place outside Australia; or

(ii) 2 places outside Australia.

(2)

Refrigeration and air conditioning equipment

means equipment,

used for the cooling or heating of anything, that uses one or more

of the following:

(a) a CFC;

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(b) a halon;

(d) an HFC;

(e) a PFC.

52 Section 13

Repeal the section, substitute:

13 Prohibition--unlicensed manufacture of scheduled substance or

equipment

Unlicensed manufacture of a scheduled substance

(1) A person contravenes this subsection if:

(a) the person manufactures a substance; and

(b) the substance is a scheduled substance; and

manufacture.

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

(2) Subsection (1) does not apply to a person manufacturing an SGG

in circumstances, or for a purpose, prescribed by the regulations for

the purposes of this subsection. Any such regulations must be

consistent with Australia's international obligations.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

Unlicensed manufacture of equipment containing a scheduled

substance

(3) A person contravenes this subsection if:

(a) the person manufactures equipment; and

(b) the equipment contains a substance; and

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(d) if the equipment is SGG equipment--the equipment or the

substance (or both) is prescribed by the regulations for the

purposes of this paragraph; and

(e) the person does not hold a licence that allows the

manufacture.

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

(4) Subsection (3) does not apply to a person manufacturing

equipment:

(a) of a kind prescribed by the regulations for the purposes of

this paragraph; or

(b) in circumstances, or for a purpose, prescribed by the

regulations for the purposes of this paragraph.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

Unlicensed manufacture of equipment that uses a scheduled

substance in its operation

(5) A person contravenes this subsection if:

(a) the person manufactures equipment; and

(b) the equipment uses a substance in its operation; and

(d) the equipment or the substance (or both) is prescribed by the

regulations for the purposes of this paragraph; and

(e) the person does not hold a licence that allows the

manufacture.

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

(6) Subsection (5) does not apply to a person manufacturing

equipment:

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(a) of a kind prescribed by the regulations for the purposes of

this paragraph; or

(b) in circumstances, or for a purpose, prescribed by the

regulations for the purposes of this paragraph.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

13AA Prohibition--unlicensed import of scheduled substance or

equipment

Unlicensed import of a scheduled substance

(1) A person contravenes this subsection if:

(a) the person imports a substance; and

(b) the substance is a scheduled substance; and

importation.

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

(2) Subsection (1) does not apply to a person importing an SGG (other

than an SGG that is a used substance) in circumstances, or for a

purpose, prescribed by the regulations for the purposes of this

subsection. Any such regulations must be consistent with

Australia's international obligations.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

Unlicensed import of equipment containing a scheduled substance

(3) A person contravenes this subsection if:

(a) the person imports equipment; and

(b) the equipment contains a substance; and

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(d) the person does not hold a licence that allows the

importation; and

(e) if the equipment contains an SGG--the person's importation

of the equipment is not covered by the low volume imports

exemption under subsection (4).

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

Note 3:

For exceptions to this subsection, see subsections (6) to (9).

(4) For the purposes of paragraph (3)(e), a person's importation of

equipment is covered by the low volume imports exemption under

this subsection if:

(a) the total amount of SGGs contained in the equipment is not

greater than an amount prescribed by the regulations for the

purposes of this paragraph; and

(b) any other conditions prescribed by the regulations for the

purposes of this paragraph in relation to the person, the

equipment or the importation are satisfied.

Unlicensed import of equipment that uses a scheduled substance in

its operation

(5) A person contravenes this subsection if:

(a) the person imports equipment; and

(b) the equipment uses a substance in its operation; and

(d) the equipment or the substance (or both) is prescribed by the

regulations for the purposes of this paragraph; and

(e) the person does not hold a licence that allows the

importation.

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

Note 3:

For exceptions to this subsection, see subsections (6) to (9).

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Equipment exceptions--prescribed equipment, circumstances or

purposes

(6) Subsection (3) or (5) does not apply to a person importing

equipment:

(a) of a kind prescribed by the regulations for the purposes of

this paragraph; or

(b) in circumstances, or for a purpose, prescribed by the

regulations for the purposes of this paragraph.

Equipment exceptions--private or domestic use

(7) Subsection (3) or (5) does not apply to a person importing

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 for the

purposes of this paragraph; and

purposes of this paragraph are satisfied.

Equipment exceptions--temporary imports

(8) Subsection (3) or (5) does not apply to a person importing

equipment if:

(a) the equipment is imported:

(i) for a purpose, or in circumstances, (if any) prescribed

by the regulations for the purposes of this subparagraph;

and

(ii) with the intention of later exporting the equipment

within a period not exceeding 12 months, or a longer

period prescribed by the regulations for the purposes of

this subparagraph; and

(b) any other conditions prescribed by the regulations for the

purposes of this paragraph in relation to the person, the

equipment or the importation are satisfied.

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Equipment exceptions--returning Australian equipment

(9) Subsection (3) or (5) does not apply to a person importing

equipment if:

(a) the equipment is of a kind prescribed by the regulations for

the purposes of this paragraph; and

(b) the person had previously exported the equipment for a

purpose, or in circumstances, (if any) prescribed by the

regulations for the purposes of this paragraph; and

made to the type and quantity of scheduled substances

contained in or used in the operation of the equipment,

except in circumstances, or for purposes, (if any) prescribed

by the regulations for the purposes of this paragraph; and

(d) title to the equipment remains unchanged between the time of

export and time of import of the equipment.

Note:

A person who wishes to rely on subsection (6), (7), (8) or (9) bears an

evidential burden in relation to the matter in that subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

13AB Prohibition--unlicensed export of scheduled substance or

equipment

Unlicensed export of a scheduled substance

(1) A person contravenes this subsection if:

(a) the person exports a substance; and

(b) the substance is a scheduled substance; and

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

(2) Subsection (1) does not apply to a person exporting a substance if:

(a) the substance is an HCFC and the substance is exported in

accordance with a direction given to the person by the

Minister under section 35A; or

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(b) the substance is an HFC and the substance is exported in

accordance with a direction given to the person by the

Minister under section 36H; or

substance) and the substance is exported in circumstances, or

for a purpose, prescribed by the regulations for the purposes

of this paragraph.

Any regulations made for the purposes of paragraph (c) must be

consistent with Australia's international obligations.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

Unlicensed export of equipment containing a scheduled substance

(3) A person contravenes this subsection if:

(a) the person exports equipment; and

(b) the equipment contains a substance; and

(d) the equipment or the substance (or both) is prescribed by the

regulations for the purposes of this paragraph; and

(e) the person does not hold a licence that allows the export.

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

(4) Subsection (3) does not apply to a person exporting equipment:

(a) of a kind prescribed by the regulations for the purposes of

this paragraph; or

(b) in circumstances, or for a purpose, prescribed by the

regulations for the purposes of this paragraph.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

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Unlicensed export of equipment that uses a scheduled substance in

its operation

(5) A person contravenes this subsection if:

(a) the person exports equipment; and

(b) the equipment uses a substance in its operation; and

(d) the equipment or the substance (or both) is prescribed by the

regulations for the purposes of this paragraph; and

(e) the person does not hold a licence that allows the export.

Note 1:

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

Note 2:

While suspended, a licence does not allow the licensee to carry out

any activity that the licence would otherwise allow: see

subsection 19D(4).

(6) Subsection (5) does not apply to a person exporting equipment:

(a) of a kind prescribed by the regulations for the purposes of

this paragraph; or

(b) in circumstances, or for a purpose, prescribed by the

regulations for the purposes of this paragraph.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

13AC Penalties for unlicensed manufacture, import or export of

scheduled substances or equipment

Fault-based offence

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

subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or

(5).

Note:

The physical elements of an offence against this subsection are set out

in the subsection contravened (see subsection 6B(3)).

Penalty: 500 penalty units.

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Strict liability offence

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

contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or

13AB(1), (3) or (5).

Penalty: 60 penalty units.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes

subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or

(5).

Civil penalty:

600 penalty units.

53 Subsections 13A(2A) to (6)

Repeal the subsections, substitute:

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

(a) scheduled substances that are used substances; or

(b) the import or manufacture of scheduled substances that are

used exclusively as a feedstock.

Essential uses licence

(3) An essential uses licence allows (subject to subsection (3A)) the

licensee to carry out whichever one or more of the following

activities is specified in it:

(a) manufacture specified scheduled substances for essential

uses;

(b) import specified scheduled substances for essential uses;

(3A) An essential uses licence does not apply to:

(a) scheduled substances that are used substances; or

(b) scheduled substances that are used exclusively as a

feedstock; or

(d) SGGs other than HFCs.

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Note:

For paragraph (a), see subsection (4) (about used substances licences).

For paragraph (b), see subsection (5) (about feedstock licences).

(3B) An

essential use

of a scheduled substance is an essential use

identified in relation to the substance by a decision made by the

parties to the Montreal Protocol that applies to Australia.

Used substances licence

(4) A used substances licence allows (subject to subsection (4A)) the

licensee to carry out whichever of the following activities is

specified in it:

(a) import specified substances that are used substances;

(b) export specified substances that are used substances.

(4A) A used substances licence does not apply to the import of used

substances that are used exclusively as a feedstock.

Feedstock licence

(5) A feedstock licence allows the licensee to carry out whichever one

or more of the following activities is specified in it:

(a) manufacture specified scheduled substances exclusively for

use as a feedstock;

(b) import specified scheduled substances exclusively for use as

a feedstock.

Equipment licence

(6) An equipment licence allows the licensee to carry out whichever

one or more of the following activities is specified in it:

(a) manufacture specified ODS equipment;

(b) import specified ODS equipment;

(d) manufacture specified SGG equipment;

(e) import specified SGG equipment;

(f) export specified SGG equipment.

54 At the end of Division 2 of Part III

Add:

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13B Fit and proper person considerations

Mandatory considerations

(1) Without limiting the matters that the Minister may take into

account in determining whether a person is a fit and proper person

for the purposes of this Part, in the exercise of a power listed in

column 1 of an item of the following table, the Minister must have

regard to the considerations in column 2 of the item.

Fit and proper person considerations

Item

Column 1

Power

Column 2

Mandatory considerations

A power to grant,

transfer, suspend

or cancel a

licence

The following:

(a) the person's history in relation to environmental

matters;

(b) whether the person is bankrupt, has applied to take

the benefit of any law for the relief of bankrupt or

insolvent debtors, has compounded with creditors

or has made an assignment of remuneration for

their benefit;

or report under this Act or the regulations was false

or misleading in a material particular:

(i) that fact; and

(ii) whether the person knew that the statement

was false or misleading;

(d) whether the person has complied with a

requirement to pay levy under either of the

following:

(i) the

Ozone Protection and Synthetic

Greenhouse Gas (Import Levy) Act 1995

;

(ii) the

Ozone Protection and Synthetic

Greenhouse Gas (Manufacture Levy) Act

1995

;

(e) whether the person has complied with a

requirement to give a report under this Act or the

regulations

A power to grant

or transfer a

The following:

(a) whether the person has contravened a condition of a

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Fit and proper person considerations

Item

Column 1

Power

Column 2

Mandatory considerations

licence

licence;

(b) whether a licence held by the person has been:

(i) suspended; or

(ii) cancelled under section 20

A power to cancel

a licence

Whether a licence held by the person has been

suspended

Mandatory considerations--bodies corporate

(2) If the person is a body corporate, the Minister:

(a) must also have regard to each consideration in column 2 of

the table in subsection (1) in relation to each person who is

an executive officer of the body (whether or not the person

was an executive officer of the body corporate at the time a

matter occurs that relates to the consideration); and

(b) may also have regard to whether the body is a Chapter 5

body corporate within the meaning of the

Corporations Act

2001

Spent conviction scheme not affected

(3) This section does not affect the operation of Part VIIC of the

Crimes Act 1914

(which includes provisions that, in certain

circumstances, relieve persons from the requirement to disclose

spent convictions and require persons aware of such convictions to

disregard them).

55 At the end of subsection 14(1)

Add:

; (e) a feedstock licence.

56 Paragraph 14(2)(aa)

Omit "prescribed fee", substitute "fee prescribed by the regulations (if

any)".

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57 Subsection 16(1)

Omit "(6B)", substitute "(6A)".

58 Subsection 16(3AB)

Repeal the subsection, substitute:

(3AB) An equipment licence must specify whichever one or more of the

following activities that the licence allows:

(a) manufacture specified ODS equipment;

(b) import specified ODS equipment;

(d) manufacture specified SGG equipment;

(e) import specified SGG equipment;

(f) export specified SGG equipment.

59 Subsection 16(4)

Omit "shall not", substitute "must not".

60 At the end of subsection 16(4)

Add:

Note:

The mandatory fit and proper person considerations are set out in

section 13B.

61 Subsections 16(5), (6), (6A) and (6B)

Repeal the subsections, substitute:

(4A) The Minister must not grant a controlled substances licence, or a

used substances licence, that allows the manufacture, import or

export of a scheduled substance unless the requirements (if any)

prescribed by the regulations for the purposes of this subsection in

relation to the kind of licence, the activity and the relevant type of

scheduled substance are satisfied.

(5) The Minister must not grant an equipment licence that allows the

manufacture, import or export of SGG equipment unless the

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

of this subsection in relation to the activity, the equipment and the

relevant type of scheduled substance are satisfied.

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

manufacture, import or export of ODS equipment unless:

(a) for equipment that contains a scheduled substance--

subsection (6A) applies in relation to the equipment; and

(b) in any case--the requirements (if any) prescribed by the

regulations for the purposes of this paragraph in relation to

the activity, the equipment and the relevant type of scheduled

substance are satisfied.

(6A) For the purposes of paragraph (6)(a), this subsection applies if the

Minister is satisfied that:

(a) both:

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

defence, industrial safety, public safety, scientific,

testing or monitoring purposes or laboratory and

analytical uses; and

(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

of equipment--it would be

impracticable to remove or retrofit the equipment because it

is incidental to other equipment that is being imported or

exported; or

(d) in any case--the equipment is for use in conjunction with the

calibration of scientific, measuring or safety equipment; or

(e) in any case--both:

(i) exceptional circumstances justify granting the licence;

and

(ii) granting the licence would not be inconsistent with

Australia's international obligations under the Montreal

Protocol; or

(f) in any case--the manufacture, import or export would occur

in circumstances prescribed by the regulations for the

purposes of this paragraph.

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62 Subsections 17(1) and (2)

Omit "for the purposes of section 66 and subject to subsection (4) of

this section", substitute "subject to subsection (4)".

63 Subsection 17(3)

Omit "for the purposes of section 66".

64 Subsection 18(1) (after table item 1)

Insert:

A controlled

substances licence

that allows the

licensee to

manufacture, import

or export methyl

bromide

The licensee may manufacture, import or export

methyl bromide only for one or more of the

following purposes, as set out in the licence:

(a) critical uses (including laboratory and analytical

uses);

(b) an emergency use;

(d) in the case of export--use as a feedstock.

65 Subsection 18(1) (table items 2 and 3)

Omit "Montreal Protocol country for the purposes of Part VI for the

substance", substitute "party to the Montreal Protocol".

66 Subsection 18(1) (table items 5 and 6)

Omit "Montreal Protocol country for the purposes of Part VI for

HFCs", substitute "party to the Montreal Protocol".

67 Subsection 18(1) (at the end of the table)

Add:

A licence (other than

an equipment

licence) that allows

the licensee to import

a scheduled

substance

The licensee must not import the substance in a

non-refillable container, unless the conditions (if

any) prescribed by the regulations for the purposes

of this item in relation to the container and the

import are satisfied.

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A suspended licence

The licensee must comply with any directions the

Minister gives to the licensee under either of the

following sections:

(a) section 35A (directions to export HCFCs if

quota exceeded);

(b) section 36H (directions to export HFCs if quota

exceeded).

68 After paragraph 18(6)(c)

Insert:

(ca) conditions requiring the licensee to enter into an arrangement

for the recovery, recycling or destruction of scheduled

substances with a person approved by the Minister under

regulations made for the purposes of paragraph 45A(1)(ba);

69 Subsections 18(7) to (7F)

Repeal the subsections, substitute:

Fault-based offence

(7) A licensee commits an offence if:

(a) the licensee engages in conduct; and

(b) the conduct contravenes a condition of the licensee's licence.

Penalty: 500 penalty units.

Strict liability offence

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

contravenes a condition of the licensee's licence.

Penalty: 60 penalty units.

Civil penalty provision

(7B) A licensee is liable to a civil penalty if the licensee contravenes a

condition of the licensee's licence.

Civil penalty:

600 penalty units.

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70 At the end of section 18

Add:

Methyl bromide definitions

(10) For the purposes of this Act, methyl bromide is used:

(a) for

critical uses

; or

(b) for an

emergency use

; or

laboratory and analytical uses

;

if the use is:

(d) exempt from a provision of the Montreal Protocol, under any

decision made by the parties to the Montreal Protocol that

applies to Australia, on account of being critical uses, an

emergency use or laboratory and analytical uses (as the case

requires); and

(e) in compliance with the conditions of any such decision.

Note:

Under the Montreal Protocol, critical uses includes laboratory and

analytical uses.

(11) For the purposes of this Act, methyl bromide is used for a

QPS use

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.

Note:

QPS is short for quarantine and pre-shipment.

71 Subsection 19(2)

Omit "controlled substances licence, an essential uses licence or a used

substances licence", substitute "licence, other than an equipment

licence,".

72 At the end of section 19

Add:

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Note:

A licence does not stop being in force only because it is suspended:

see subsection 19D(4).

73 At the end of subsection 19AA(1)

Add ", subject to subsection (4)".

74 Paragraph 19AA(3)(b)

After "prescribed by the regulations", insert "(if any)".

75 At the end of section 19AA

Add:

(4) The holder of a suspended licence may not apply to the Minister

for a renewal of any licence held by the person until the period of

suspension ends or the suspension is revoked by the Minister.

76 Subsections 19AC(2) and (3)

Omit "(6B)", substitute "(6A)".

77 Subsections 19AD(1) and (2)

Omit ", for the purposes of sections 19AE and 66, to have refused the

application", substitute "to have refused the application under

section 19AC".

78 Subsection 19A(1)

After "all licences", insert "(including suspended licences)".

79 At the end of subsection 19A(2)

Add:

; or (d) the Paris Agreement.

80 Subsection 19B(1)

After "a licence", insert ", other than a suspended licence,".

81 After subsection 19B(4)

Insert:

Note:

The mandatory fit and proper person considerations are set out in

section 13B.

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82 Subsection 19B(5)

Repeal the subsection.

83 Subsection 19C(1)

After "a licence", insert "(including a suspended licence)".

84 After section 19C

Insert:

19D Suspension of licence

Circumstances that may lead to suspension

(1) The Minister may suspend a licence if satisfied that the licensee:

(a) is no longer a fit and proper person to hold a licence; or

(b) has contravened a condition of the licence; or

Note:

The mandatory fit and proper person considerations are set out in

section 13B.

(2) A licensee is

uncontactable

if, and only if, the Minister has made 2

or more reasonable attempts to contact the licensee during a period

of 6 months ending immediately before the decision to suspend the

licence, but has not been able to contact the licensee.

Suspension notices

(3) The Minister must give the licensee written notice of the

suspension (the

suspension notice

) specifying:

(a) the reasons for the suspension; and

(b) the day the suspension takes effect; and

(i) the actions the licensee must take for the suspension to

end;

(ii) a fixed period for the suspension.

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Effect of suspension

(4) While suspended, the licence does not allow the licensee to carry

out any activity that the licence would otherwise allow. However,

the licence remains in force despite the suspension.

Suspension notices specifying required actions

(5) If the suspension notice specifies actions the licensee must take for

the suspension to end, the Minister must give written notice to the

licensee when satisfied that the licensee has taken the specified

actions.

When a suspension ends

(6) The suspension ends in accordance with the following table:

When the suspension of a licence ends

Item

Column 1

If the suspension notice specifies ...

Column 2

the suspension ends ...

actions the licensee must take for the

suspension to end

at the start of the day the Minister

gives notice under subsection (5),

subject to item 3

a fixed period for the suspension

immediately after the end of the

fixed period, subject to item 3

both:

(a) actions the licensee must take for

the suspension to end; and

(b) a fixed period for the suspension

at the later of the following times:

(a) the start of the day the Minister

gives a notice under

subsection (5);

(b) immediately after the end of the

fixed period

Variation and revocation

(7) The Minister may, by written notice given to the licensee, do either

of the following if the Minister considers it appropriate to do so:

(a) vary the suspension notice;

(b) revoke the suspension.

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85 Subsection 20(1)

After "may cancel a licence", insert "(including a suspended licence)".

86 After subsection 20(1)

Insert:

Note:

The mandatory fit and proper person considerations are set out in

section 13B.

87 Subsections 20(2) and (3)

Repeal the subsections.

88 Subsection 21(1)

After "a licence", insert "(including a suspended licence)".

89 At the end of paragraph 22(a)

Add "and".

90 Paragraph 22(c)

After "licences", insert "suspended,".

91 At the end of subsection 25A(1)

Add "under a controlled substances licence".

92 At the end of section 34

Add:

Note:

A licence does not stop being in force only because it is suspended:

see subsection 19D(4).

93 Subsections 35(2) and (2A)

Omit "A licensee may", substitute "A licensee (including the licensee

for a suspended licence) may".

94 Subsection 35A(1)

After "by written notice given to a licensee", insert "(including the

licensee for a suspended licence)".

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95 After subsection 35A(1)

Insert:

(1A) Before the time specified in the direction (or a later time specified

in a notice under this subsection), the Minister may specify a later

time by written notice given to the licensee.

96 Subsection 36B(1)

Repeal the subsection, substitute:

(1) A

regulated HFC activity

is the manufacture or import of HFCs

under an SGG licence.

Note 1:

A licence is not required for the manufacture or import of HFCs and

other SGGs in certain circumstances, or for certain purposes,

prescribed by the regulations: see subsections 13(2) and 13AA(2).

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.

97 At the end of section 36E

Add:

Note:

An SGG licence does not stop being in force only because it is

suspended: see subsection 19D(4).

98 Subsections 36F(2) and (3)

Omit "An SGG licensee may", substitute "An SGG licensee (including

the licensee for a suspended SGG licence) may".

99 Subsection 36H(1)

After "by written notice given to an SGG licensee", insert "(including

the licensee for a suspended SGG licence)".

100 Subsection 36H(1) (note 1)

Omit "Note 1", substitute "Note".

101 Subsection 36H(1) (note 2)

Repeal the note.

102 After subsection 36H(1)

Insert:

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(1A) Before the time specified in the direction (or a later time specified

in a notice under this subsection), the Minister may specify a later

time by written notice given to the licensee.

103 Part VI

Repeal the Part.

104 Before section 45A

Insert:

45AA Simplified outline of this Part

The regulations may make provision for the following:

(a)

prohibiting or regulating the distribution, purchase,

acquisition or disposal of scheduled substances;

(b)

prohibiting or regulating the storage, use or handling of

scheduled substances (other than certain uses of

HCFCs);

(c)

prohibiting or regulating the recovery, recycling or

destruction of scheduled substances;

(d)

labelling requirements for scheduled substances and for

equipment that contains or uses scheduled substances.

A person must not, except in limited circumstances:

(a)

discharge a scheduled substance if it is likely to enter the

atmosphere; or

(b)

use an HCFC that was manufactured or imported on or

after 1 January 2020.

105 Paragraph 45A(1)(a)

Repeal the paragraph, substitute:

(a) prohibiting or regulating the distribution, purchase,

acquisition or disposal of scheduled substances;

106 Paragraph 45A(1)(b)

Before "regulating", insert "prohibiting or".

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107 After paragraph 45A(1)(b)

Insert:

(ba) prohibiting or regulating the recovery, recycling or

destruction of scheduled substances;

108 Paragraphs 45A(1)(d)

After "(b)", insert ", (ba)".

109 Paragraph 45A(1)(e)

After "(b),", insert "(ba),".

110 At the end of section 45A

Add:

(3) The regulations may make provision for regulating something by

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

Minister, including by legislative instrument.

(4) Despite subsection 14(2) of the

Legislation Act 2003

, regulations

made for the purposes of this section may make provision in

relation to a matter by applying, adopting or incorporating any

matter contained in an instrument or other writing as in force or

existing from time to time.

(5) Regulations made for the purposes of this section must be

consistent with Australia's international obligations.

111 Sections 45B and 45C

Repeal the sections, substitute:

45B Discharge of scheduled substances

Prohibition

(1) A person contravenes this subsection if:

(a) the person engages in conduct; and

(b) the conduct results in the discharge of a scheduled substance;

and

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the scheduled substance will enter the atmosphere; and

(d) the discharge is not in accordance with regulations made for

the purposes of this paragraph.

Exception

(2) Subsection (1) does not apply if the discharge occurs as a result of

using equipment, that contains a scheduled substance, for the

purpose for which the equipment was designed.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

(3) For the purposes of subsection (2), the use of a halon fire

extinguisher during, or in connection with, a training exercise is

taken not to be a use of the extinguisher for the purpose for which

it was designed.

Fault-based offence

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

subsection (1).

Note:

The physical elements of an offence against this subsection are set out

in subsection (1) (see subsection 6B(3)).

Penalty: 300 penalty units.

Strict liability offence

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

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(6) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

400 penalty units.

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45C Use of HCFC

(1) A person contravenes this subsection if:

(a) the person uses an HCFC; and

(b) the HCFC was manufactured or imported on or after

1 January 2020; and

the purposes of this paragraph.

Fault-based offence

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

subsection (1).

Note:

The physical elements of an offence against this subsection are set out

in subsection (1) (see subsection 6B(3)).

Penalty: 300 penalty units.

Strict liability offence

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

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

400 penalty units.

112 Before section 46

Insert:

46AA Simplified outline of this Part

A person may have reporting obligations if the person:

(a)

manufactures, imports or exports a scheduled substance;

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(b)

manufactures, imports or exports equipment under an

equipment licence.

Record-keeping obligations relating to the manufacture, import or

export of scheduled substances by licensees are provided for by the

regulations.

113 Section 46 (heading)

Repeal the heading, substitute:

46 Periodic reports in relation to scheduled substances

114 Subsection 46(1)

Repeal the subsection, substitute:

Requirement to report

(1) A person who carries out any of the following activities during a

reporting period must give the Minister a report in relation to the

activity, in accordance with subsection (1A) of this section and the

regulations:

(a) manufacturing, importing or exporting a scheduled

substance;

(b) manufacturing, importing or exporting equipment under an

equipment licence.

Note:

For paragraph (b)--an equipment licence is not always required for

the manufacture, import or export of equipment that contains a

scheduled substance, or uses a scheduled substance in its operation:

see (for example) subsections 13(4) and (6), 13AA(4) and (6) to (9),

and 13AB(4) and (6).

115 Subsection 46(1A)

Omit "15th day", substitute "31st day".

116 Subsections 46(2) to (2G)

Repeal the subsections, substitute:

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Strict liability offence

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

contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

60 penalty units.

117 Subsection 48(1)

After "by a licensee", insert "(including the licensee for a suspended

licence)".

118 Subsection 48(1)

Omit ", export or destruction", substitute "or export".

119 At the end of section 48

Add:

Note:

A licensee may also have obligations in relation to the keeping and

production of records, in relation to activities covered by section 45A,

under regulations made for the purposes of that section.

120 Division 1 of Part VIII (heading)

Repeal the heading, substitute:

Division 1--Preliminary

121 Subdivision A of Division 1 of Part VIII (heading)

Repeal the heading.

122 Section 48A

Repeal the section, substitute:

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48A Simplified outline of this Part

The Secretary and inspectors have monitoring, inspection and

enforcement powers under the Regulatory Powers Act to ensure

this Act and the regulations are being complied with.

The Regulatory Powers Act creates a framework for monitoring

and investigating compliance with this Act and the regulations, as

well as providing for the enforcement of civil penalty provisions

and the use of infringement notices, enforceable undertakings and

injunctions.

This Part provides certain monitoring and investigation powers in

addition to those provided by the Regulatory Powers Act.

Goods relating to contraventions of certain provisions of this Act

or the regulations may be forfeited to the Commonwealth if:

(a)

a person is convicted of an offence, or a civil penalty

order is made, in relation to the relevant contravention;

(b)

the goods are seized under the Regulatory Powers Act.

The Secretary may require a person to give information or produce

documents that are relevant for the purposes of investigating or

preventing:

(a)

an offence against this Act or the regulations; or

(b)

a contravention of a civil penalty provision of this Act or

the regulations.

123 Subsection 49(1)

Omit "Minister", substitute "Secretary".

124 Subsection 49(2)

Omit "The Minister shall", substitute "The Secretary must".

125 Subsections 49(3) and 49A(1)

Omit "Minister" (wherever occurring), substitute "Secretary".

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126 Section 50

Repeal the section.

127 Subdivisions B, C, D, E, F and G of Division 1 of Part VIII

Repeal the Subdivisions.

128 Division 2 of Part VIII

Repeal the Division, substitute:

Division 2--Monitoring powers

50 Monitoring powers

Provisions subject to monitoring

(1) The following provisions are subject to monitoring under Part 2 of

the Regulatory Powers Act:

(a) each provision of this Act and the regulations;

(b) an offence provision of the

Crimes Act 1914

or the

Criminal

Code

, to the extent that it relates to one or more of the

provisions mentioned in paragraph (a).

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the provisions mentioned in this subsection have

been complied with. It includes powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a

provision of this Act or the regulations is subject to monitoring

under Part 2 of the Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions, authorised applicant, authorised person,

issuing officer, relevant chief executive and relevant court

(3) For the purposes of Part 2 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2):

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(a) the following provisions of the

Customs Act 1901

are related

to the provisions and the information:

(i) subsections 50(4) and (7) (prohibited imports);

(ii) subsections 112(2B) and (2BC) (prohibited exports);

(b) an inspector is an authorised applicant; and

(d) a magistrate

is an issuing officer; and

(e) the Secretary is the relevant chief executive; and

(f) a designated court is a relevant court.

Person assisting

(4) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 2 of

the Regulatory Powers Act in relation to the provisions mentioned

in subsection (1), and the information mentioned in subsection (2).

Extension to external Territories

(5) Part 2 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1) and the information

mentioned in subsection (2), extends to every external Territory.

51 Modifications of Part 2 of the Regulatory Powers Act

Additional monitoring power

(1) For the purposes of determining:

(a) whether a provision mentioned in subsection 50(1) has been,

or is being, complied with; or

(b) the correctness of information mentioned in subsection 50(2);

the additional powers mentioned in subsection (2) are taken to be

included in the monitoring powers under Part 2 of the Regulatory

Powers Act.

(2) The additional monitoring powers are:

(a) the power to take samples of any thing on premises entered

under Part 2 of the Regulatory Powers Act; and

(b) the power to remove, test and analyse such samples; and

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Regulatory Powers Act; and

(d) the power to secure things on premises entered under Part 2

of the Regulatory Powers Act for the purpose of sampling,

testing or analysing those things; and

(e) the power to secure a container on premises entered under

Part 2 of the Regulatory Powers Act that contains a thing if

the inspector reasonably believes that it is not reasonably

practicable to secure the thing without also securing the

container (whether or not the container contains any other

thing).

Use of force in executing a monitoring warrant

(3) In executing a monitoring warrant under Part 2 of the Regulatory

Powers Act, as that Part applies in relation to the provisions

mentioned in subsection 50(1) and the information mentioned in

subsection 50(2) of this Act:

(a) an authorised person may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting the authorised person may use such force

against things as is necessary and reasonable in the

circumstances.

Identity cards

(4) A reference to an identity card in sections 25 and 26 and

subsection 35(6) of the Regulatory Powers Act, as those provisions

apply in relation to the provisions mentioned in subsection 50(1)

and information mentioned in subsection 50(2) of this Act, is taken

to include a reference to written evidence identifying the

authorised person as a member or special member of the Australian

Federal Police or an officer of Customs, as the case may be.

(5) Subsection 35(1) of the Regulatory Powers Act, as that subsection

applies in relation to the provisions mentioned in subsection 50(1)

and information mentioned in subsection 50(2) of this Act, does

not require the relevant chief executive to issue an identity card to

an authorised person who is a member or special member of the

Australian Federal Police, or an officer of Customs.

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Period during which monitoring warrant may be in force

(6) Paragraph 32(4)(f) of the Regulatory Powers Act applies in relation

to the provisions mentioned in subsection 50(1) and information

mentioned in subsection 50(2) of this Act as if the reference in that

paragraph to 3 months were a reference to 6 months.

Division 2A--Investigation powers

52 Investigation powers

Provisions subject to investigation

(1) A provision is subject to investigation under Part 3 of the

Regulatory Powers Act if it is:

(a) a provision that creates an offence against this Act or the

regulations; or

(b) a civil penalty provision of this Act or the regulations.

Note 1:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

Note 2:

For paragraph (a), see the definition of

offence against this Act or the

regulations

in section 7.

Related provisions, authorised applicant, authorised person,

issuing officer, relevant chief executive and relevant court

(2) For the purposes of Part 3 of the Regulatory Powers Act, as that

Part applies in relation to evidential material that relates to a

provision mentioned in subsection (1):

(a) the following provisions of the

Customs Act 1901

are related

to that evidential material:

(i) subsections 50(4) and (7) (prohibited imports);

(ii) subsections 112(2B) and (2BC) (prohibited exports);

and

(b) an inspector is an authorised applicant; and

(d) a magistrate

is an issuing officer; and

(e) the Secretary is the relevant chief executive; and

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(f) a designated court is a relevant court.

Person assisting

(3) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 3 of

the Regulatory Powers Act in relation to evidential material that

relates to a provision mentioned in subsection (1).

Extension to external Territories

(4) Part 3 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

53 Modifications of Part 3 of the Regulatory Powers Act

Additional investigative powers

(1) The additional powers mentioned in subsection (2) are taken to be

included in the investigation powers under Part 3 of the Regulatory

Powers Act, as that Part applies in relation to evidential material

that relates to a provision mentioned in subsection 52(1).

(2) The additional investigation powers are:

(a) the power to take samples of any thing on premises entered

under Part 3 of the Regulatory Powers Act; and

(b) the power to remove, test and analyse such samples; and

Regulatory Powers Act; and

(d) the power to secure things on premises entered under Part 3

of the Regulatory Powers Act for the purpose of sampling,

testing or analysing those things; and

(e) the power to secure a container on premises entered under

Part 3 of the Regulatory Powers Act that contains a thing if

the inspector reasonably believes that it is not reasonably

practicable to secure the thing without also securing the

container (whether or not the container contains any other

thing); and

(f) if the authorised person has the power to seize a thing (the

seizable thing

) under Part 3 of the Regulatory Powers Act--

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the power to seize a container that contains the seizable thing,

and any other thing contained in the container, if the

inspector reasonably believes that it is not reasonably

practicable to seize the seizable thing without also seizing the

container.

Return of containers

(3) Despite subsection 66(1) of the Regulatory Powers Act, the

requirement under that subsection for the relevant chief executive

to take reasonable steps to return a container or other thing, seized

under the additional power mentioned in paragraph (2)(f) of this

section, applies only from the following time:

(a) subject to paragraph (b) of this subsection--the time that

requirement applies in relation to the seizable thing;

(b) if the seizable thing is the subject of a forfeiture notice under

section 60A of this Act--the time:

(i) the seizable thing is returned under subsection 60B(5) of

this Act; or

(ii) the seizable thing is forfeited to the Commonwealth

under section 60C of this Act.

Note:

Section 66 of the Regulatory Powers Act may not apply at all in

relation to the container or other thing if the container or other thing is

the subject of a forfeiture notice under section 60A of this Act: see

subsection (4) of this section.

Goods subject to forfeiture notice

(4) Sections 66 to 69 of the Regulatory Powers Act do not apply to a

thing seized under Part 3 of that Act if the thing is the subject of a

forfeiture notice under section 60A of this Act.

Operating equipment etc. that may contain evidential material

(5) Subsection 50(1) of the Regulatory Powers Act is taken to include

the power (subject to subsections 50(3) and (4) of that Act) to:

(a) operate electronic equipment on premises entered under

Part 3 of that Act, as that Part applies to evidential material

that relates to a provision mentioned in subsection 52(1) of

this Act; and

(b) use a disk, tape or other storage device that:

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(i) is on those premises; and

(ii) can be used with the equipment or is associated with it;

to find out whether the equipment, disk, tape or other storage

device contains such evidential material.

When investigation warrant need not be announced

(6) An additional circumstance in which subsection 56(2) of the

Regulatory Powers Act is taken to authorise an authorised person

not to comply with subsection 56(1) of that Act, in relation to an

entry to premises under an investigation warrant to search for

evidential material that relates to a provision mentioned in

subsection 52(1) of this Act, is that the authorised person believes

on reasonable grounds that immediate entry to the premises is

required to prevent serious damage to the environment.

Note:

Subsection 56(3) of the Regulatory Powers Act requires the authorised

person's identity card to be shown as soon as practicable after entering

the premises if the authorised person does not comply with

subsection 56(1) of that Act because of subsection 56(2) of that Act.

Use of force in executing an investigation warrant

(7) In executing an investigation warrant under Part 3 of the

Regulatory Powers Act, as that Part applies in relation to evidential

material that relates to a provision mentioned in subsection 52(1)

of this Act:

(a) an authorised person may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting the authorised person may use such force

against things as is necessary and reasonable in the

circumstances.

Identity cards

(8) A reference to an identity card in sections 55 and 56 and

subsection 76(6) of the Regulatory Powers Act, as those provisions

apply in relation to evidential material that relates to a provision

mentioned in subsection 52(1) of this Act, is taken to include a

reference to written evidence identifying the authorised person as a

member or special member of the Australian Federal Police or an

officer of Customs, as the case may be.

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(9) Subsection 76(1) of the Regulatory Powers Act, as that subsection

applies in relation to evidential material that relates to a provision

mentioned in subsection 52(1) of this Act, does not require the

relevant chief executive to issue an identity card to an authorised

person who is a member or special member of the Australian

Federal Police, or an officer of Customs.

54 Directions about dealing with pressurised containers

Directions

(1) The Secretary may, by writing, direct an inspector to deal with a

pressurised container seized under Part 3 of the Regulatory Powers

Act (as that Part operates because of this Part), and its contents, in

a manner specified in the direction. The inspector must comply

with the direction.

(2) A direction under subsection (1) may require the pressurised

container and its contents to be destroyed.

(3) A direction under subsection (1) may be given only:

(a) on application by an inspector; and

(b) if the Secretary is satisfied that the pressurised container:

(i) constitutes a danger to public health and safety; or

(ii) may cause damage to the environment.

(4) If the Secretary gives a direction under subsection (1), then

sections 66 to 69 of the Regulatory Powers Act do not apply to the

container or its contents.

(5) A direction under subsection (1) is not a legislative instrument.

Compensation

(6) If a pressurised container and its contents are destroyed under this

section, the owner of the container may apply to a designated court

for compensation.

(7) On application under subsection (6), the designated court must

order the Commonwealth to pay compensation if the court is

satisfied that the pressurised container is not, or did not contain,

forfeitable goods.

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(8) The amount of compensation ordered must be the market value of

the pressurised container and its contents at the time they were

destroyed.

129 Subsection 57(1)

Repeal the subsection, substitute:

(1) For the purposes of this Act, the following are

forfeitable goods

(a) scheduled substances in respect of the manufacture of which

person has contravened subsection 13(1);

(b) scheduled substances in respect of the import of which a

person has contravened subsection 13AA(1);

person has contravened subsection 13AB(1);

(d) equipment that contains a scheduled substance, and the

scheduled substance itself, if a person has contravened

subsection 13(3), 13AA(3) or 13AB(3) in respect of the

manufacture, import or export of the equipment;

(e) equipment that uses a scheduled substance in its operation, if

a person has contravened subsection 13(5), 13AA(5) or

13AB(5) in respect of the manufacture, import or export of

the equipment;

(f) a non-refillable container, and any scheduled substance it

contains, if a person has contravened the licence condition

specified in item 7 of the table in subsection 18(1) in respect

of the import of the scheduled substance in the container;

(g) prescribed goods in respect of which a person has

contravened a prescribed provision of the regulations.

(1A) Without limiting subsection (1), a person is taken to have

contravened a provision for the purposes of that subsection if:

(a) the person is convicted of an offence against this Act or the

regulations for a contravention of the provision; or

(b) a civil penalty order is made against the person for a

contravention of the provision.

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130 Subsection 58(1)

Omit "Where a person is convicted of an offence against a provision of

this Act or the regulations", substitute "If a person is convicted of an

offence against this Act or the regulations for a contravention of a

provision".

131 Subsection 58(2)

Omit "has been made against a person for a contravention of a civil

penalty provision", substitute "is made against a person for a

contravention of a provision".

132 Section 60

Repeal the section, substitute:

60 Persons not to move etc. seized goods

Causing seized goods to be moved etc.

(1) A person contravenes this subsection if:

(a) the person engages in conduct; and

(b) the conduct causes goods to be moved, altered or interfered

with; and

(2) Subsection (1) does not apply if the person engages in the conduct

in accordance with a direction given to the person by the Secretary.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

Failing to take precautions to prevent moving etc. of seized goods

(3) A person contravenes this subsection if:

(a) the person is given under subsection 59(3) a copy of a notice

under subsection 59(2); and

(b) the person fails to take all reasonable precautions, or to

exercise all due diligence, to prevent the moving, alteration

or interference with the goods to which the notice relates

except in accordance with a direction given by the Secretary.

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Penalties

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

subsection (1) or (3).

Note:

The physical elements of an offence against this subsection are set out

in the subsection contravened (see subsection 6B(3)).

Penalty: 500 penalty units.

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

contravenes subsection (1) or (3).

Penalty: 60 penalty units.

(6) A person is liable to a civil penalty if the person contravenes

subsection (1) or (3).

Civil penalty:

600 penalty units.

133 Paragraph 60A(1)(a)

Omit "section 53", substitute "section 49 or 52 of the Regulatory

Powers Act".

134 Paragraph 60D(1)(a)

Omit "section 53", substitute "section 49 or 52 of the Regulatory

Powers Act".

135 Paragraph 60D(1)(b)

After "section 60C", insert "of this Act".

136 Subparagraph 60D(2)(b)(i)

Omit "Division 1", substitute "Part 3 of the Regulatory Powers Act, as

that Part applies in relation to evidential material that relates to a

provision mentioned in subsection 52(1) of this Act,".

137 At the end of Division 3 of Part VIII

Add:

Note:

Sections 66 to 69 of the Regulatory Powers Act do not apply to goods

that are the subject of a forfeiture notice under section 60A of this

Act: see subsection 53(4) of this Act.

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138 Divisions 4 to 7 of Part VIII

Repeal the Divisions, substitute:

Division 4--Civil penalties

62 Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act or the regulations is

enforceable under Part 4 of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Secretary is an authorised applicant in relation to the civil penalty

provisions mentioned in subsection (1).

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, a

designated court is a relevant court in relation to the civil penalty

provisions mentioned in subsection (1).

Extension to external Territories

(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions mentioned in subsection (1), extends

to every external Territory.

Liability of Crown

(5) To avoid doubt, subsection 5(2) of this Act does not prevent the

Crown from being liable to pay a pecuniary penalty under a civil

penalty order under Part 4 of the Regulatory Powers Act, as that

Part applies in relation to this Act.

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Division 5--Infringement notices

63 Infringement notices

Provisions subject to an infringement notice

(1) The following provisions are subject to an infringement notice

under Part 5 of the Regulatory Powers Act:

(a) each provision of this Act or the regulations, contravention of

which constitutes an offence of strict liability;

(b) each civil penalty provision of this Act or the regulations.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, an

inspector is an infringement officer in relation to the provisions

mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

Extension to external Territories

(4) Part 5 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

Division 6--Enforceable undertakings

64 Enforceable undertakings

Enforceable provisions

(1) The provisions of this Act and the regulations are enforceable

under Part 6 of the Regulatory Powers Act.

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Note:

Part 6 of the Regulatory Powers Act creates a framework for

accepting and enforcing undertakings relating to compliance with

provisions.

Authorised person

(2) For the purposes of Part 6 of the Regulatory Powers Act, the

Secretary is an authorised person in relation to the provisions

mentioned in subsection (1).

Relevant court

(3) For the purposes of Part 6 of the Regulatory Powers Act, a

designated court is a relevant court in relation to the provisions

mentioned in subsection (1).

Enforceable undertaking may be published on Department's

website

(4) The Secretary may cause an undertaking given under Part 6 of the

Regulatory Powers Act in relation to a provision mentioned in

subsection (1) to be published on the Department's website.

Extension to external Territories

(5) Part 6 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

Division 7--Injunctions

64A Injunctions

Enforceable provisions

(1) The provisions of this Act and the regulations are enforceable

under Part 7 of the Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

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Authorised person

(2) For the purposes of Part 7 of the Regulatory Powers Act, the

Secretary is an authorised person in relation to the provisions

mentioned in subsection (1).

Relevant court

(3) For the purposes of Part 7 of the Regulatory Powers Act, a

designated court is a relevant court in relation to the provisions

mentioned in subsection (1).

Extension to external Territories

(4) Part 7 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

Division 8--Notices to produce

64B Secretary may require person to provide information etc.

Scope

(1) This section applies if the Secretary believes, on reasonable

grounds, that a person is capable of giving information, or

producing any document, that is relevant for the purposes of

investigating or preventing:

(a) an offence against this Act or the regulations; or

(b) a contravention of a civil penalty provision of this Act or the

regulations.

Note:

For paragraph (a), see the definition of

offence against this Act or the

regulations

in section 7.

Notice to produce

(2) The Secretary may, by written notice, require the person to give the

information, or produce the document, to an inspector.

(3) The notice must specify the following:

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(a) how the person is to give the information or produce the

document;

(b) the period (which must be at least 14 days after the day the

notice is given) within which the person is to give the

information or produce the document;

the

Criminal Code

(4) A person contravenes this subsection if:

(a) the person is given a notice under subsection (2); and

(b) the person fails to comply with the notice within the period

specified in the notice.

Strict liability offence

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

contravenes subsection (4).

Penalty: 30 penalty units.

Civil penalty

(6) A person is liable to a civil penalty if the person contravenes

subsection (4).

Civil penalty:

30 penalty units.

Individuals not excused from giving information or producing

documents in certain circumstances

(7) An individual is not excused from giving information or producing

a document under this section

on the ground that giving the

information or producing the document might tend to incriminate

the individual in relation to an offence.

Note:

A body corporate is not entitled to claim the privilege against

self-incrimination.

(8) However:

(a) the information given or document produced; and

(b) the giving of the information or the production of the

document; and

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indirect consequence of the giving of the information or the

production of the document;

are not admissible in evidence against the individual in criminal

proceedings other than proceedings for an offence against:

(d) this section; or

(e) section 137.1 or 137.2 of the

Criminal Code

that relates to

this section.

(9) If, at general law, an individual would otherwise be able to claim

the privilege against self-exposure to a penalty (other than a

penalty for an offence) in relation to giving information or

producing a document under this section, the individual is not

excused from giving the information or producing the document

under this section on that ground.

Note:

A body corporate is not entitled to claim the privilege against

self-exposure to a penalty.

139 Before section 65A

Insert:

65 Simplified outline of this Part

This Part continues in existence the Ozone Protection and SGG

Account, which is a special account for the purposes of the

Public

Governance, Performance and Accountability Act 2013

Amounts are credited to the Account from the following sources:

(a)

application fees received by the Commonwealth under

this Act or the regulations;

(b)

levy amounts received by the Commonwealth under the

Ozone Protection and Synthetic Greenhouse Gas

(Import Levy) Act 1995

or the

Ozone Protection and

Synthetic Greenhouse Gas (Manufacture Levy) Act

1995

;

(c)

income received by the Commonwealth from the

operation of the National Halon Bank;

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(d)

interest received by the Commonwealth from the

investment of money standing to the credit of the

Account.

The purposes of the Account include paying or reimbursing the

Commonwealth's costs associated with the following:

(a)

administering this Act and the regulations;

(b)

furthering certain programs to phase out or phase down,

or minimise emissions of, scheduled substances;

(c)

managing the National Halon Bank;

(d)

research relating to ozone depleting substances or SGGs.

140 Section 65A (definition of ODS)

Repeal the definition.

141 Paragraphs 65C(1)(aa) to (a)

Repeal the paragraphs, substitute:

(a) amounts received by the Commonwealth under the

Ozone

Protection and Synthetic Greenhouse Gas (Import Levy) Act

1995

or the

Ozone Protection and Synthetic Greenhouse Gas

(Manufacture Levy) Act 1995

;

142 Subparagraph 65D(b)(i)

Repeal the subparagraph, substitute:

(i) programs to phase out or phase down scheduled

substances;

143 Subparagraph 65D(b)(ii)

Omit "ODSs and SGGs", substitute "scheduled substances".

144 At the end of section 65D

Add:

; (e) refunding or remitting, in accordance with regulations made

for the purposes of subsection 70(4), amounts received by the

Commonwealth as fees for applications under this Act or the

regulations.

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145 After Part VIIIA

Insert:

Part VIIIB--Information sharing

Division 1--Outline of this Part

65E Simplified outline of this Part

This Part regulates the disclosure and use of information (referred

to as relevant information) obtained under this Act (or the

Regulatory Powers Act as it applies in relation to this Act) by any

of the following persons (referred to as entrusted persons):

(a)

the Minister;

(b)

the Secretary;

(c)

an APS employee in the Department;

(d)

any other person employed in, or engaged by, the

Department.

The Minister may disclose relevant information to Commonwealth

entities, State or Territory government bodies, and certain

enforcement bodies, subject to certain conditions. In addition, the

Minister may use or disclose relevant information to prevent or

lessen a serious risk to human health or the environment.

An entrusted person may use or disclose relevant information for

certain other purposes, including for the purposes of this and

certain other Acts.

A person may commit an offence or be liable to a civil penalty if

the person uses or discloses certain kinds of relevant information

other than in accordance with this Part.

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Division 2--Authorised uses and disclosures by Minister

65F Disclosure of relevant information to Commonwealth entities

The Minister may disclose relevant information to a

Commonwealth entity if the Minister is satisfied the disclosure is

for the purposes of assisting the entity to perform its functions or

exercise its powers.

65G Disclosure of relevant information to State or Territory

government body

The Minister may disclose relevant information to a State or

Territory government body if:

(a) the Minister reasonably believes that the disclosure of the

information is necessary for the purposes of:

(i) the Minister performing functions, or exercising powers,

under this Act; or

(ii) the administration of a State or Territory law; and

(b) the State or Territory government body has undertaken not to

use or further disclose the information except in accordance

with an agreement that:

(i) is in force between the Commonwealth and the State or

Territory; and

(ii) applies in relation to the information; and

further disclosed only in accordance with the agreement.

65H Disclosure for the purposes of law enforcement

(1) The Minister may disclose relevant information to an enforcement

body if:

(a) the Minister reasonably believes that the disclosure of the

information is necessary for:

(i) the enforcement of the criminal law; or

(ii) the enforcement of a law imposing a pecuniary penalty;

(iii) the protection of public revenue; and

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(b) the functions of that body include that enforcement or

protection.

(2) Each of the following is an

enforcement body

(a) a Commonwealth entity;

(b) a State or Territory government body;

(d) the police force or police service of a State or Territory.

65J Use or disclosure to reduce serious risk to human health

The Minister may use or disclose relevant information if the

Minister reasonably believes that the disclosure is necessary to

prevent or lessen a serious risk to human health.

65K Use or disclosure to reduce serious risk to the environment

The Minister may use or disclose relevant information if the

Minister reasonably believes that the disclosure is necessary to

prevent or lessen a serious risk to the environment.

Division 3--Authorised uses and disclosures by entrusted

persons

65L Use or disclosure for the purposes of an Act

An entrusted person may use or disclose relevant information if the

use or disclosure is for the purposes of this Act or another Act

administered by the Minister.

65M Publicly available information

An entrusted person may use or disclose relevant information if the

information has already been lawfully made available to the public.

65N Person to whom information relates

An entrusted person may disclose relevant information to the

person to whom the information relates.

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65P Use or disclosure with consent

An entrusted person may use or disclose relevant information that

relates to a person if:

(a) the person has consented to the use or disclosure; and

(b) the use or disclosure is in accordance with that consent.

65Q Person who provided information

An entrusted person may disclose relevant information to the

person who provided the information.

65R Summaries or statistics

An entrusted person may use or disclose:

(a) summaries of relevant information; or

(b) statistics derived from relevant information;

if those summaries or statistics do not enable the identification of a

person.

65S Disclosure to a court, tribunal etc.

An entrusted person may disclose relevant information, or a

document containing relevant information:

(a) for the purposes of proceedings before:

(i) a court; or

(ii) a tribunal, authority or person that has the power to

require the answering of questions or the production of

documents; or

(b) in accordance with an order of a court or such a tribunal,

authority or person.

65T Use for the purposes of disclosure

An entrusted person may use relevant information for the purpose

of disclosing the relevant information under this Division.

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Division 4--Offences

65U Unauthorised use or disclosure of protected information--

entrusted person

Unauthorised use or disclosure

(1) A person contravenes this subsection if:

(a) the person is, or has been, an entrusted person; and

(b) the person has obtained relevant information in the person's

capacity as an entrusted person; and

(d) the person uses or discloses the information.

Exceptions

(2) However, subsection (1) does not apply if the use or disclosure is

authorised or required by:

(a) this Act; or

(b) any other law of the Commonwealth; or

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matter in this subsection. See

subsection 13.3(3) of the

Criminal Code

and section 96 of the

Regulatory Powers Act.

Fault-based offence

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

subsection (1).

Note:

The physical elements of an offence against this subsection are set out

in subsection (1) (see subsection 6B(3)).

Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence

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

contravenes subsection (1).

Penalty: 60 penalty units.

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Civil penalty provision

(5) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

300 penalty units.

65V Unauthorised use or disclosure of protected information--

official of Commonwealth entity

(1) A person contravenes this subsection if:

(a) the person is, or has been, an official of a Commonwealth

entity; and

(b) the person has obtained relevant information in the person's

capacity as an official of the entity; and

the entity under section 65F; and

(d) the person uses or discloses the information other than for the

purpose for which it was disclosed to the entity.

Fault-based offence

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

subsection (1).

Note:

The physical elements of an offence against this subsection are set out

in subsection (1) (see subsection 6B(3)).

Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence

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

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

300 penalty units.

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Part VIIIC--Review of decisions

65W Simplified outline of this Part

Certain decisions made under this Act are reviewable under this

Part.

The applicant or licensee in relation to a reviewable decision made

by a delegate may apply to the Minister for the decision to be

reconsidered. If the decision is to be reconsidered by a delegate,

the delegate must not have been involved in making the original

decision. After reconsidering the original decision, the Minister or

delegate must affirm, vary or set aside the original decision.

Applications may be made to the Administrative Appeals Tribunal

for review of:

(a)

a reviewable decision made by the Minister personally;

(b)

a decision made on a reconsideration of a reviewable

decision.

65X Reviewable decisions

Each of the following decisions of the Minister is a

reviewable

decision

(a) a decision under section 16 to refuse to grant a licence

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

section 17);

(b) a decision under section 18 to impose, revoke or vary a

licence condition;

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

section 19AD);

(d) a decision under section 19A to terminate a licence;

(e) a decision under section 19B to refuse to transfer a licence;

(f) a decision under section 19C to refuse to amend a licence;

(g) a decision under subsection 19D(1) to suspend a licence;

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(h) a decision under subsection 19D(3) to specify either or both

of the following in a suspension notice given under that

subsection:

(i) actions the licensee must take for the suspension to end;

(ii) a fixed period for the suspension;

(i) a decision under paragraph 19D(7)(a) to vary a suspension

notice;

(j) a decision under section 20 to cancel a licence;

(k) a decision under section 28 to allocate, or refuse to allocate, a

quota;

(l) a decision under section 33 to vary or revoke a reserve HCFC

quota;

(m) a decision under section 35A to direct a licensee to export a

quantity of HCFCs;

(n) a decision under section 36H to direct an SGG licensee to

export a quantity of HFCs.

65Y Notification of reviewable decisions etc.

(1) As soon as practicable after a reviewable decision is made, the

Minister must give the applicant or licensee concerned a written

notice of the decision containing:

(a) the reasons for the decision; and

(b) details of the applicant's or licensee's right to have the

decision reconsidered under section 65ZA or to apply for

review of the decision under section 65ZC (as the case

requires).

(2) A notice is taken to have been given under subsection (1) if the

reasons, and details mentioned in paragraph (1)(b), are contained in

a written notice of the reviewable decision under another provision

of this Act.

(3) Failure to give a notice under subsection (1) (including as

mentioned in subsection (2)) in relation to a reviewable decision

does not affect the validity of the reviewable decision.

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65Z Reconsideration of reviewable decisions--application for

reconsideration

(1) An applicant or licensee may apply to the Minister to reconsider a

reviewable decision (the

original decision

) made in relation to the

applicant or licensee, other than:

(a) a reviewable decision made by the Minister personally; or

(b) a reconsideration decision.

(2) The application must:

(a) be in writing; and

(b) be made within:

(i) 21 days after the day on which the original decision is

made (or taken to have been made); or

(ii) if, either before or after the end of that 21-day period,

the Minister extends the period within which the

application may be made--the extended period; and

original decision reconsidered.

65ZA Reconsideration of reviewable decisions--conducting the

reconsideration

Conducting reconsideration

(1) On receiving an application under section 65Z, the Minister must

reconsider the original decision.

(2) If a delegate of the Minister is to reconsider the original decision,

the delegate must:

(a) not have been involved in making the original decision; and

(b) except in the case of a decision taken to have been made

under section 17 or 19AD--occupy a position that is at least

as senior as that occupied by the person who made the

original decision.

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Seeking further information

(3) The Minister may, by written notice, require the applicant or

licensee to give the Minister further information about the

application for reconsideration.

(4) If further information is sought, the applicant or licensee must

provide the requested information within 30 days after the day

notice is given under subsection (3).

65ZB Reconsideration of reviewable decisions--reconsideration

decision

Decision on reconsideration

(1) After reconsidering the original decision, the Minister:

(a) must affirm, vary or set aside the original decision; and

(b) if the original decision is set aside--may make such other

decision as the Minister thinks appropriate.

Notice of reconsideration decision

(2) As soon as practicable after making a decision under subsection (1)

(the

reconsideration decision

), the Minister must give the

applicant or licensee written notice of the reconsideration decision

containing:

(a) reasons for the reconsideration decision; and

(b) details of the applicant's or licensee's right to apply for

review of the reconsideration decision under section 65ZC.

(3) Failure to give a notice under subsection (2) in relation to the

reconsideration decision does not affect the validity of the

reconsideration decision.

When reconsideration decision takes effect

(4) The reconsideration decision takes effect:

(a) on the day specified in the notice of the reconsideration

decision given under subsection (2); or

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(b) if a day is not specified--on the day the reconsideration

decision is made, or taken to have been made (see

subsection (5)).

Original decision taken to be affirmed if no decision made

(5) The Minister is taken to have made a reconsideration decision

affirming the original decision if the Minister does not make a

reconsideration decision on the application before the end of

whichever of the following periods is applicable:

(a) the period of 60 days starting on the day after the application

for reconsideration was made, unless paragraph (b) or (c)

applies;

(b) if the Minister has requested further information by a notice

given under subsection 65ZA(3) and such information is

provided--the period of 60 days starting on the day after the

information is provided;

given under subsection 65ZA(3) and such information is not

provided--the period of 90 days starting on the day after the

notice was given under that subsection.

65ZC Review of decisions by Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal

for review of the following decisions:

(a) a reviewable decision made by the Minister personally;

(b) a reconsideration decision.

146 Section 66

Repeal the section, substitute:

66 Simplified outline of this Part

This Part deals with miscellaneous matters, such as approved

forms, delegations, annual reports, collection of levies,

constitutional matters and regulations.

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147 Section 67

Repeal the section.

148 Section 67A (at the end of the heading)

Add "

by the Minister

149 Before paragraph 67A(1)(a)

Insert:

(aa) the Secretary; or

150 Subsection 67A(2)

Omit ", 20 or 53K", substitute "or 20".

151 After section 67A

Insert:

67AA Delegation by the Secretary

(1) The Secretary may, by writing, delegate all or any of the

Secretary's powers and functions under this Act or the regulations,

or under any of Parts 2 to 7 of the Regulatory Powers Act (as those

Parts apply in relation to this Act), to:

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

(b) for a power or function under section 66 or 67 of the

Regulatory Powers Act--an inspector.

(2) In exercising powers or functions under a delegation, the delegate

must comply with any directions of the Secretary.

152 Paragraph 69(1)(a)

Omit "60 days", substitute "90 days".

153 Section 69B

Repeal the section, substitute:

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69B Constitutional basis of this Act

This Act (other than Part VIIIB) relies on the Commonwealth's

legislative powers under paragraph 51(xxix) (external affairs) of

the Constitution as it relates to giving effect to Australia's

obligations under relevant international agreements, in particular:

(a) the Vienna Convention; and

(b) the Montreal Protocol; and

(d) the Kyoto Protocol; and

(e) the Paris Agreement.

Note:

Part VIIIB is about information sharing. That Part relies on a range of

legislative powers of the Commonwealth.

69BA Additional operation of this Act

Additional operation of this Act in relation to particular activities

(1) In addition to section 69B, this Act also has effect as provided by

this section in relation to the following activities:

(a) manufacturing, importing or exporting a substance,

scheduled substance or type of scheduled substance;

(b) distributing, disposing of, purchasing or acquiring a

substance, scheduled substance or type of scheduled

substance;

or type of scheduled substance;

(d) engaging in conduct that results in the discharge of a

substance, scheduled substance or type of scheduled

substance;

(e) recovering, recycling or destroying a substance, scheduled

substance or type of scheduled substance.

(2) In addition to section 69B, this Act also has effect as provided by

this section in relation to the manufacture, import or export of

equipment, or a kind of equipment, that:

(a) uses a scheduled substance in its operation; or

(b) contains a scheduled substance.

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Corporations

(3) This Act also has the effect it would have if a reference to an

activity mentioned in subsection (1) or (2) was expressly confined

to such an activity carried out by a corporation to which

paragraph 51(xx) of the Constitution applies.

Territories

(4) This Act also has the effect it would have if a reference to an

activity mentioned in subsection (1) or (2) was expressly confined

to:

(a) such an activity carried out by a body corporate that is

incorporated in a Territory; or

(b) such an activity carried out in a Territory.

Trade and commerce

(5) This Act also has the effect it would have if a reference to an

activity mentioned in subsection (1) or (2) was expressly confined

to such an activity carried out in the course of:

(a) trade and commerce between Australia and places outside

Australia; or

(b) trade and commerce among the States; or

Agencies of the Commonwealth

(6) This Act also has the effect it would have if a reference to an

activity mentioned in subsection (1) or (2) was expressly confined

to:

(a) such an activity carried out in the supply of goods or services

to the Commonwealth, or a corporate Commonwealth entity

or a Commonwealth company (both within the meaning of

the

Public Governance, Performance and Accountability Act

2013

); or

(b) such an activity carried out by the Commonwealth, or a

corporate Commonwealth entity or a Commonwealth

company (both within the meaning of that Act).

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Communications

(7) This Act also has the effect it would have if a reference to an

activity mentioned in subsection (1) or (2) was expressly confined

to such an activity undertaken using a service to which

paragraph 51(v) of the Constitution applies.

154 Subsection 69E(1)

After "the regulations", insert ", or the Regulatory Powers Act as that

Act operates because of this Act,".

155 Sections 69F and 69G

Repeal the sections.

156 Section 70

Repeal the section, substitute:

70 Regulations

(1) The Governor-General may make regulations, not inconsistent with

this Act, prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Offences

(2) The regulations may prescribe penalties, not exceeding a fine of 50

penalty units, for offences against the regulations.

Civil penalty provisions

(3) The regulations may prescribe pecuniary penalties, not exceeding

60 penalty units, for contravening civil penalty provisions in the

regulations.

Fees

(4) The regulations may provide for:

Schedule 1

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(a) the charging and recovery of fees for applications under this

Act or the regulations (including by non-government bodies);

and

(b) the remission, refund or waiver of those fees, or the

exemption of persons from payment of those fees.

(5) A fee must not be such as to amount to taxation.

Incorporation etc. of international agreements etc.

(6) Despite subsection 14(2) of the

Legislation Act 2003

, the

regulations may make provision in relation to a matter by applying,

adopting or incorporating any matter contained in the following as

in force or existing from time to time:

(a) the Vienna Convention;

(b) the Montreal Protocol;

(d) the Kyoto Protocol;

(e) the Paris Agreement;

(f) a decision adopted or made under an international agreement

covered by any of paragraphs (a) to (e).

157 Parts I to IV of Schedule 1

Repeal the Parts, substitute:

1 CFCs

For the purposes of the definitions of

CFC

and

scheduled

substance

in section 7, this clause covers a substance mentioned in

an item of the following table. The

ozone depleting potential

for

the substance is specified in column 2 of the item.

CFCs

Item

Column 1

Substance

Column 2

Ozone depleting potential

Trichlorofluoromethane (CFC-11)

1.0

Dichlorodifluoromethane (CFC-12)

1.0

Cl (CFC-13)

1.0

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Ozone Protection and Synthetic Greenhouse Gas Management Reform

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CFCs

Item

Column 1

Substance

Column 2

Ozone depleting potential

FCl

(CFC-111)

1.0

(CFC-112)

1.0

Trichlorotrifluoroethane (CFC-113)

0.8

Dichlorotetrafluoroethane (CFC-114)

1.0

(Mono) chloropentafluoroethane (CFC-115)

0.6

FCl

(CFC-211)

1.0

(CFC-212)

1.0

(CFC-213)

1.0

(CFC-214)

1.0

(CFC-215)

1.0

(CFC-216)

1.0

Cl (CFC-217)

1.0

2 Halons

For the purposes of the definitions of

halon

and

scheduled

substance

in section 7, this clause covers a substance mentioned in

an item of the following table. The

ozone depleting potential

for

the substance is specified in column 2 of the item.

Halons

Item

Column 1

Substance

Column 2

Ozone depleting potential

Bromochlorodifluoromethane (Halon-1211)

3.0

Bromotrifluoromethane (Halon-1301)

10.0

Dibromotetrafluoroethane (Halon-2402)

6.0

3 Carbon tetrachloride

For the purposes of the definition of

scheduled substance

section 7, this clause covers a substance mentioned in an item of

the following table. The

ozone depleting potential

for the

substance is specified in column 2 of the item.

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Carbon tetrachloride

Item

Column 1

Substance

Column 2

Ozone depleting potential

Carbon tetrachloride (CCl

)

1.1

4 Methyl chloroform

For the purposes of the definition of

scheduled substance

section 7, this clause covers a substance mentioned in an item of

the following table. The

ozone depleting potential

for the

substance is specified in column 2 of the item.

Methyl chloroform

Item

Column 1

Substance

Column 2

Ozone depleting potential

1,1,1-trichloroethane (C

)

0.1

Note:

The formula C

does not refer to 1,1,2-trichloroethane.

158 Part V (heading) of Schedule 1

Repeal the heading, substitute:

5 HCFCs

For the purposes of the definitions of

HCFC

and

scheduled

substance

in section 7, this clause covers a substance mentioned in

an item of the following table. The

ozone depleting potential

for

the substance is specified in column 2 of the item and the

100-year

global warming potential

for the substance (if any) is specified in

column 3 of the item.

159 Parts VI to VIII of Schedule 1

Repeal the Parts, substitute:

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Ozone Protection and Synthetic Greenhouse Gas Management Reform

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6 HBFCs

For the purposes of the definitions of

HBFC

and

scheduled

substance

in section 7, this clause covers a substance mentioned in

an item of the following table. The

ozone depleting potential

for

the substance is specified in column 2 of the item.

HBFCs

Item

Column 1

Substance

Column 2

Ozone depleting potential

CHFBr

1.0

CHF

Br (HBFC-22B1)

0.74

FBr

0.73

HFBr

0.8

1.8

1.6

1.2

FBr

1.1

1.5

1.6

FBr

1.7

1.1

FBr

0.1

HFBr

1.5

1.9

1.8

2.2

2.0

3.3

FBr

1.9

2.1

5.6

7.5

1.4

FBr

1.9

Schedule 1

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Ozone Protection and Synthetic Greenhouse Gas Management Reform

(Closing the Hole in the Ozone Layer) Bill 2022

No. , 2022

HBFCs

Item

Column 1

Substance

Column 2

Ozone depleting potential

3.1

2.5

4.4

FBr

0.3

1.0

0.8

FBr

0.4

0.8

FBr

0.7

7 Methyl bromide

For the purposes of the definitions of

methyl bromide

and

scheduled substance

in section 7, this clause covers a substance

mentioned in an item of the following table. The

ozone depleting

potential

for the substance is specified in column 2 of the item.

Methyl bromide

Item

Column 1

Substance

Column 2

Ozone depleting potential

0.6

8 Bromochloromethane

For the purposes of the definition of

scheduled substance

section 7, this clause covers a substance mentioned in an item of

the following table. The

ozone depleting potential

for the

substance is specified in column 2 of the item.

Amendments

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Ozone Protection and Synthetic Greenhouse Gas Management Reform

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Bromochloromethane

Item

Column 1

Substance

Column 2

Ozone depleting potential

BrCl

0.12

160 Part IX (heading) of Schedule 1

Repeal the heading, substitute:

9 HFCs

For the purposes of the definitions of

HFC

and

scheduled

substance

in section 7, this clause covers a substance mentioned in

an item of the following table. The

100-year global warming

potential

for the substance is specified in column 2 of the item.

161 Part X (heading) of Schedule 1

Repeal the heading, substitute:

10 PFCs

For the purposes of the definitions of

PFC

and

scheduled

substance

in section 7, this clause covers a substance mentioned in

an item of the following table.

162 Parts XI and XII of Schedule 1

Repeal the Parts, substitute:

11 Sulfur hexafluoride

For the purposes of the definitions of

sulfur hexafluoride

and

scheduled substance

in section 7, this clause covers sulfur

hexafluoride (SF

12 Nitrogen trifluoride

For the purposes of the definitions of

nitrogen trifluoride

and

scheduled substance

in section 7, this clause covers nitrogen

trifluoride (NF

Amendments

Schedule 1

Application and transitional provisions

Part 2

No. , 2022

Ozone Protection and Synthetic Greenhouse Gas Management Reform

(Closing the Hole in the Ozone Layer) Bill 2022

Part 2--Application and transitional provisions

Division 1

--Definitions

164 Definitions

In this Part:

OPSGGM Act

means the

Ozone Protection and Synthetic Greenhouse

Gas Management Act 1989

OPSGGM regulations

means regulations made for the purposes of the

OPSGGM Act.

pre-commencement licence

means a licence that:

(a) was granted under the OPSGGM Act 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.

Division 2

--General provisions

165 Activities allowed by licences

(1)

Section 13A (licenses and what they allow) of the OPSGGM Act, as in

force on and after the commencement of this item, applies on and after

that commencement in relation to a licence that is granted or renewed

on or after that commencement.

(2)

A pre-commencement licence that allowed the licensee to engage in

particular activities immediately before the commencement of this item

(or that would have allowed the licensee to engage in particular

activities, if it had come into force) is taken to allow the licensee to

engage in those same activities on and after that commencement while

the licence is not suspended, until:

(a) the licence ceases to be in force; or

(b) the licence is renewed.

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166 Grant and renewal of licences

(1)

Section 16 (grant of licence) of the OPSGGM Act, as in force on and

after the commencement of this item, applies in relation to granting a

licence on or after that commencement, whether the application for the

grant of the licence is made before, on or after that commencement.

(2)

Section 19AC (renewal of licence) of the OPSGGM Act, as in force on

and after the commencement of this item, applies in relation to

renewing a licence on or after that commencement, whether the

application for the renewal is made before, on or after that

commencement.

Note:

As a result of this subitem, the criteria that apply for granting a licence on or after the

commencement of this item also apply for renewing a licence on or after that

commencement (see subsection 19AC(2) of the OPSGGM Act).

(3)

Subitem (2) has effect in relation to a pre-commencement licence

subject to item 167.

167 Renewal of pre-commencement licences

(1)

This item applies in relation to renewing, on or after the commencement

of this item, a pre-commencement licence of a kind mentioned in

subitem (5), whether the application for the renewal is made under

section 19AA of the OPSGGM Act before, on or after that

commencement.

(2)

The Minister must refuse to renew the licence if none of the activities

allowed by the licence under section 13A of OPSGGM Act

immediately before that commencement (or that would have been

allowed, if the licence had come into force) is allowed by a licence of

that kind under that section, as amended by Part 1 of this Schedule.

(3)

If subitem (2) does not apply and the Minister renews the licence in

accordance with section 19AC of the OPSGGM Act, the Minister must,

when renewing the licence, amend the licence so that it specifies only

activities that are allowed by a licence of that kind under section 13A of

OPSGGM Act, as amended by Part 1 of this Schedule.

(4)

Subsection 19AC(3) (previous consideration of matters) of the

OPSGGM Act applies as if the reference in that subsection to

subsections 16(3A) to (6A) of that Act included a reference to

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subsections 16(3A) to (6B) of that Act, as in force immediately before

the commencement of this item.

(5)

For the purposes of this item, there are 4 kinds of licence, as follows:

(a) controlled substances licences;

(b) essential uses licences;

(d) equipment licences.

168 Fit and proper person considerations

Section 13B of the OPSGGM Act, as in force on and after the

commencement of this item, applies to the exercise of a power on or

after that commencement:

(a) to grant a licence, whether the licence is applied for before,

on or after that commencement; or

(b) to renew a licence, whether the renewal is applied for before,

on or after that commencement; or

granted before, on or after that commencement.

169 Licence conditions and changes to licences

(1)

Sections 18, 19A, 19B, 19C and 19D of the OPSGGM Act, as in force

on and after the commencement of this item, apply in relation to a

licence whether the licence is granted before, on or after that

commencement.

(2)

Paragraphs 19D(1)(a) and (b) apply as mentioned in subitem (1)

whether the licensee:

(a) ceased to be a fit and proper person to hold a licence; or

(b) contravened a condition of the licence;

before, on or after the commencement of this item.

170 Directions to export

(1)

Subsection 13AB(2) of the OPSGGM Act, as in force on and after the

commencement of this item, applies in relation to a direction under

subsection 35A(1) or 36H(1) of that Act, whether the direction is given

before, on or after that commencement.

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(2)

Subsections 35A(1A) and 36H(1A) of the OPSGGM Act, as in force on

and after the commencement of this item, apply in relation to a notice

given to a licensee under subsection 35A(1) or 36H(1), as the case

requires, before, on or after that commencement.

171 Reporting obligations

Section 46 of the OPSGGM Act, as in force on and after the

commencement of this item, applies in relation to a reporting period

that ends on or after that commencement.

172 Information sharing

Part VIIIB of the OPSGGM Act, as in force on and after the

commencement of this item, applies in relation to the use and disclosure

of information on or after that commencement, whether the information

is obtained by an entrusted person before, on or after that

commencement.

173 Review of decisions

(1)

Part VIIIC of the OPSGGM Act, as in force on and after the

commencement of this item, applies to a decision made on or after that

commencement, whether an application (if any) for the exercise of a

power to which the decision relates was made before, on or after that

commencement.

(2)

Sections 66 and 67 of the OPSGGM Act, as in force immediately before

the commencement of this item, continue to apply on and after that

commencement in relation to a decision made before that

commencement.

174 Collection of licence levies

Subsections 69(1) and (1A) of the OPSGGM Act, as in force on and

after the commencement of this item, apply in relation to a reporting

period that ends on or after that commencement.

175 Crediting of amounts to Account

Paragraph 65C(1)(a) of the OPSGGM Act, as in force on and after the

commencement of this item, applies in relation to amounts received

before, on or after that commencement.

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176 Saving provision

--regulations

Regulations made under 70 of the OPSGGM Act, that were in force

immediately before the commencement of this item, continue in force

(and may be dealt with) as if they had been made under section 70 of

that Act, as amended by Part 1 of this Schedule.

Division 3

--Enforcement

177 Appointment of inspectors

An appointment made by the Minister under subsection 49(1) of the

OPSGGM Act before the commencement of this item, that was in force

immediately before that commencement, continues in force (and may be

dealt with) after that commencement as if it had been made by the

Secretary under that subsection as amended by Part 1 of this Schedule.

178 Identity cards

(1)

An identity card issued under section 50 of the OPSGGM Act before

the commencement of this item is taken to be an identity card issued

under sections 35 and 76 of the

Regulatory Powers Act

(as those

sections apply as described in the OPSGGM Act, as amended by Part 1

of this Schedule).

(2)

Despite the repeal of section 50 of the OPSGGM Act made by Part 1 of

this Schedule, that section, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to a person who ceased to be an appointed

inspector before that commencement.

179 Monitoring and investigation

Application of regulatory powers

(1)

Part 2 of the Regulatory Powers Act applies as described in the

OPSGGM Act (as amended by Part 1 of this Schedule) in relation to

determining, on or after the commencement of this item:

(a) whether a provision mentioned in subsection 50(1) of the

OPSGGM Act (as so amended) has been or is being

complied with on or after that commencement; or

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(b) whether a provision of the OPSGGM Act or the OPSGGM

regulations (as in force at any time before that

commencement) has been or is being complied with before,

on or after that commencement; or

commencement in compliance, or purported compliance,

with a provision mentioned in subsection 50(2) of the

OPSGGM Act (as so amended); or

(d) the correctness of information given before, on or after that

commencement in compliance, or purported compliance,

with the OPSGGM Act or the OPSGGM regulations (as in

force at any time before that commencement).

(2)

Part 3 of the Regulatory Powers Act applies as described in the

OPSGGM Act (as amended by Part 1 of this Schedule) in relation to

evidential material that relates to:

(a) a contravention or suspected contravention, on or after the

commencement of this item, of a provision mentioned in

subsection 52(1) of the OPSGGM Act (as so amended); or

(b) a contravention or suspected contravention, before, on or

after the commencement of this item, of:

(i) a provision of the OPSGGM Act or the OPSGGM

regulations (as in force at any time before that

commencement) that created an offence against that Act

or those regulations; or

(ii) section 137.1 or 137.2 of the

Criminal Code

, in so far as

those sections relate to the OPSGGM Act or the

OPSGGM regulations (as in force at any time before

that commencement); or

(iii) a civil penalty provision of the OPSGGM Act or the

OPSGGM regulations (as in force at any time before

that commencement).

Saving provisions of the old OPSGGM Act

(3)

Division 1 of Part VIII of the OPSGGM Act, as in force immediately

before the commencement of this item, continues to apply on and after

that commencement in relation to the following:

(a) an application for a warrant made, but not decided, before

that commencement under section 55E or 55F of the

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Ozone Protection and Synthetic Greenhouse Gas Management Reform

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OPSGGM Act (as in force immediately before that

commencement);

(b) a warrant issued, or completed and signed, before, on or after

that commencement under section 55E or 55F of the

OPSGGM Act (as in force immediately before that

commencement) as a result of an application made before

that commencement;

provisions of that Division before, on or after that

commencement as a result of:

(i) an entry to premises, before that commencement, under

section 51 of the OPSGGM Act (as in force

immediately before that commencement); or

(ii) an entry to premises, before that commencement, under

section 52 of the OPSGGM Act (as in force

immediately before that commencement) with the

consent of the occupier of the premises or a person

apparently representing the occupier; or

(iii) an entry to premises before, on or after that

commencement as a result of a warrant referred to in

paragraph (b);

(d) things seized or secured under provisions of that Division

before, on or after that commencement as a result of an entry

referred to in subparagraph (c)(i), (ii) or (iii).

180 Civil penalties

(1)

Part 4 of the Regulatory Powers Act applies as described in the

OPSGGM Act (as amended by Part 1 of this Schedule) in relation to

contraventions of civil penalty provisions of the OPSGGM Act or the

OPSGGM regulations (as so amended) occurring on or after the

commencement of this item.

(2)

Division 7 of Part VIII of the OPSGGM Act, as in force immediately

before the commencement of this item, continues to apply on and after

that commencement in relation to contraventions of the OPSGGM Act

or the OPSGGM regulations (as in force at any time before that

commencement) occurring before that commencement.

Schedule 1

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No. , 2022

181 Infringement notices

(1)

Part 5 of the Regulatory Powers Act applies as described in the

OPSGGM Act (as amended by Part 1 of this Schedule) in relation to

alleged contraventions of provisions referred to in subsection 63(1) of

the OPSGGM Act (as so amended) occurring on or after the

commencement of this item.

(2)

Division 5 of Part VIII of the OPSGGM Act, and provisions of the

OPSGGM regulations made for the purposes of that Division, as in

force immediately before the commencement of this item, continue to

apply on and after that commencement in relation to:

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