Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2004 (NO. 2) 2004 NO. 107 - SCHEDULE 1

(regulation 3)

[1] Subregulation 2 (1), after definition of asbestos

insert

"CFC" means a chlorofluorocarbon mentioned in Part 1 of Schedule 15, whether existing alone or in a mixture.

[2] Subregulation 2 (1), after definition of Foreign Minister

insert

"HBFC" means a hydrobromofluorocarbon that is mentioned in Part 6 of Schedule 15, whether existing alone or in a mixture.

"HCFC" means a hydrochlorofluorocarbon mentioned in Part 5 of Schedule 15, whether existing alone or in a mixture.

HFC means a substance mentioned in Part 9 of Schedule 15, whether existing alone or in a mixture.

Note
HFC is short for hydrofluorocarbon.

[3] Subregulation 2 (1), after definition of paramilitary equipment

insert

"PFC" means a substance mentioned in Part 10 of Schedule 15, whether existing alone or in a mixture.

Note
PFC is short for perfluorocarbon.

[4] Subregulation 2 (1), after definition of poppy straw

insert

"SGG" means an HFC or a PFC.

Note 1
SGG is short for synthetic greenhouse gas.
Note 2
This definition is in substance the same as the definition of SGG in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .

[5] Regulation 13F

substitute

13F Exportation of ozone-depleting substances and synthetic greenhouse gases

(1)

The exportation from Australia (except to an external Territory) of a substance mentioned in column 2 of an item in Schedule 15 is prohibited.

(2)

Subregulation (1) does not apply if a licence to export the substance has been granted under section 16 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and the licence, or a copy of the licence, is produced to a Collector.

Note
The exportation of HBFC is prohibited absolutely: see subregulation (5).

(3) Subregulation (1) does not apply to a substance that is:

(a)

contained in goods that will use the substance in the operation of the goods (for example, an aerosol spray device); or

(b)

present in goods because the substance was used in the manufacturing process for the goods.

(4)

Subregulation (1) does not apply to a CFC, HCFC or SGG in relation to which all of the following conditions are satisfied:

(a)

the CFC, HCFC or SGG is on board a ship or aircraft;

(b)

the ship or aircraft has air conditioning or refrigeration equipment;

(c)

the CFC, HCFC or SGG is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, 1 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.

(5)

The exportation (except to an external Territory) of HBFC is prohibited absolutely.

[6] Schedule 15, Parts 1 to 7, column headings

substitute

[7] Schedule 15, after Part 7

insert

Part 8 Bromochloromethane

Part 9 HFCs

Part 10 PFCs