(1) For the purposes of subsection 16(5) of the Act, it is a requirement in relation to the SGG equipment that the Minister is satisfied that:
(a) the equipment is not small SGG air conditioning equipment; or
(b) if the equipment is small SGG air conditioning equipment--one or more of the circumstances mentioned in subregulation (2) applies in relation to the equipment.
(2) For the purposes of paragraph (1)(b), the circumstances are as follows:
(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 an HFC that has a global warming potential of more than 750 in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose;
(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 an HFC that has a global warming potential of more than 750 in the operation of the equipment;
(c) in the case of the import of equipment--it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported;
(d) the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment;
(e) both:
(i) exceptional circumstances justify granting the licence in relation to the equipment; and
(ii) granting the licence would not be inconsistent with Australia's international obligations under the Montreal Protocol.