Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2004 (NO. 2) 2004 NO. 108 - SCHEDULE 1

(regulation 3)

[1] Subregulation 2 (1), after definition of British Standard

insert

"CFC" means a chlorofluorocarbon mentioned in Part 1 of Schedule 10, whether existing alone or in a mixture.

[2] Subregulation 2 (1), after definition of flash point

insert

"HCFC" means a hydrochlorofluorocarbon mentioned in Part 5 of Schedule 10, whether existing alone or in a mixture.

"HFC" means a substance mentioned in Part 9 of Schedule 10, whether existing alone or in a mixture.

Note
HFC is short for hydrofluorocarbon.

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

insert

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

Note
PFC is short for perfluorocarbon.

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

insert

"SGG" means an HFC or a PFC.

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

[5] Regulation 5K

substitute

5K Importation of ozone-depleting substances and synthetic greenhouse gases

(1)

The importation into Australia (except from an external Territory) of:

(a)

a substance mentioned in column 2 of an item in Schedule 10; or

(b)

pre-charged equipment;

is prohibited.

(2)

Subregulation (1) does not apply if a licence to import the substance or equipment 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.

(3)

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

(a)

contained in goods (except pre-charged equipment) 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)

Subregulation (1) does not apply to an SGG that is imported for use as a cover gas in the manufacture and casting of magnesium.

(6)

Subregulation (1) does not apply to pre-charged equipment in relation to which paragraph 68 (1) (d) of the Act applies.

Note
Paragraph 68 (1) (d) of the Act applies to personal or household effects of a passenger, or a member of a crew, of a ship or aircraft.

(7)

In this regulation:

"pre-charged equipment" means air-conditioning equipment, or refrigeration equipment, (including equipment fitted to a motor vehicle) that contains an HFC or HCFC.

[6] Schedule 10, after Part 7

insert

Part 8 Bromochloromethane

Part 9 HFCs

Part 10 PFCs