EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 90

 

ISSUED BY THE AUTHORITY OF THE

MINISTER FOR THE ENVIRONMENT AND HERITAGE

 

Ozone Protection and Synthetic Greenhouse Gas Management
Amendment Regulations 2005 (No. 2)

 

Section 70 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) provides in part that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. 

 

Subsection 45A (1) of the Act provides, in part, that regulations may be made that:

▪          regulate the sale, purchase, acquisition and disposal of scheduled substances; and

▪          regulate the storage, use or handling of scheduled substances; and

▪          confer functions on persons or bodies in relation to these matters.

 

The purpose of the Regulations is to amend the existing arrangements for licensing and authorising technicians and organisations working in the refrigeration and air conditioning industry. 

 

The amendments permit the Commonwealth to conduct certain functions and adjust the time periods allowed for technicians to apply for licences.  The amendments also permit the Commonwealth to appoint one or more industry boards to administer the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.  The Regulations also make several minor technical amendments.

 

The Regulations implement recommendations arising from the Review of the Commonwealth’s Ozone Protection Legislation in 2001.  

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

The Minute recommends that Regulations be made in the form proposed.

 

Authority:  Section 70 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

ATTACHMENT

 

Details of the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2005 (No. 2)

 

Regulation 1            Provides that the Regulations are to be known as the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2005 (No. 2).

 

Regulation 2            Provides that the Regulations commence on the day after they are registered.

Regulation 3            Provides that the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) are amended as set out in Schedule 1. 

Schedule 1              Item 1 amends regulation 110 to insert the definition of Australian National Training Authority, which means the Australian National Training Authority established by the Australian National Training Authority Act 1992.  

                               Item 2 substitutes the definition of RAC Industry Board in regulation 110, which means a body appointed under new paragraph 120 (2) (a).  The change enables one or more industry boards to be appointed to administer the licence and authorisation scheme for the refrigeration and air conditioning (RAC) industry.

                               Item 3 amends regulation 110 to insert the definition of RAC industry powers and functions, which means the powers and functions given to the Minster by new subregulation 120 (1).

                               Item 4 amends regulation 110 to insert the following definitions to be used to interpret Division 6A.2 of the Principal Regulations.  The regulation provides that:

                               Registered Training Organisation means the same as in the Australian Quality Training Framework – Standards for Registered Training Organisations published by the Australian National Training Authority in 2005.

                               relevant authority means, in relation to a RAC industry permit or an application for a permit, the relevant Board or if no relevant Board has been appointed – the Minister.

                               relevant board means, in relation to a RAC industry permit – the RAC Industry Board that granted the permit or, in relation to an application for a permit – the Board to which the application is made.

                               temporary licence means a licence granted under new regulation 138. 

                               Item 5 substitutes a new note after subregulation 112 (3).  The note provides the internet address for locating the holders of refrigerant trading authorisations.

                               Item 6 substitutes regulation 120 which defines the powers and functions of the relevant authority.    

                          Subregulation 120 (1) describes the Minister’s powers in administering RAC industry permits.  These powers and functions include:

§          receiving applications for RAC industry permits;

§          collecting, on behalf of the Commonwealth, the fees that are payable for those applications;

§          granting RAC industry permits;

§          collecting information supplied by applicants for industry permits and supplied in response to any request made under paragraph 141 (1) (b);

§          publishing the information mentioned in paragraph 120 (1) (d) in a way that does not allow any person to be identified or does not disclose confidential information; and

§          inspecting premises used for activities conducted under a RAC industry permit with the occupier’s permission.

                          Subregulation 120 (2) provides that the Minister may, in writing:

§          appoint one or more bodies that are incorporated under the Corporations Act 2001 as RAC Industry Boards; and

§          specify that an appointment is subject to a condition or conditions set out in the instrument of appointment; and

§          authorise the Board or Boards to exercise any or all of the Minister’s RAC industry powers and functions in relation to the refrigeration and air conditioning industry or one or more specified sectors of the industry.

                          Item 7 inserts subregulation 121 (1A) and subregulation 121 (1B) after subregulation 121 (1) of the Principal Regulations.

                          Subregulation 121 (1A) provides that, if the Minister appoints one or more RAC Industry Boards to exercise his or her RAC industry powers and functions in relation to the whole refrigeration and air conditioning industry, an applicant for a RAC industry permit:

§          if one Board is appointed – must apply to that Board; or

§          if more than one Board is appointed – may apply to either, or any, Board.

                          Subregulation 121 (1B) provides that, if the Minister appoints one or more RAC Industry Boards to exercise his or her RAC industry powers and functions in relation to a sector of the refrigeration and air conditioning industry, an applicant for a RAC industry permit:

§          if only one Board grants the kind of permit sought by the applicant – must apply to that Board; or

§          if more than one Board grants that kind of permit – may apply to either, or any, Board; or

§          if no Board grants that kind of permit – must apply to the Minister.

                          Item 8 amends subregulation 121 (3) by substituting each mention of “Board” with “authority”.  This amendment clarifies who makes a decision on an application for a RAC industry permit. 

                          Item 9 amends paragraph 123 (1) (b) to substitute the words “was subject” with “was subject; or” to provide for paragraph 123 (1) (c) to be inserted after paragraph 123 (1) (b).

                          Item 10 inserts paragraph 123 (1) (c) after paragraph 123 (1) (b).  This paragraph amends the powers of the Minister to cancel or suspend a RAC industry permit.  The paragraph provides that the Minister may cancel or suspect a RAC industry permit if he or she is satisfied that the holder does not have the knowledge, ability and experience necessary to competently carry out the work covered by the licence. 

                          Item 11 amends paragraph 124 (1) (a) to substitute “to the RAC Industry Board for reconsideration of any of the following:” with “to the relevant authority for reconsideration of any of the following decisions of the authority:”.  This amendment clarifies that an application for a reconsideration of a decision may be made to the relevant authority.

                          Item 12 amends regulation 125 to substitute “the Board or Minister” with “the relevant Board or the Minister”.  This amendment clarifies that decisions made by any board may be reviewed by the Administrative Appeals Tribunal. 

                          Item 13 amends paragraph 130 (2) (b) to substitute “the fee is $50” with “the fee is $50; and” to provide for paragraph 130 (2) (c) to be inserted below.

                          Item 14 inserts paragraph 130 (2) (c) after paragraph 130 (2) (b) to amend the application fees for refrigerant handling licences.  The paragraph provides that if the licence granted is a temporary licence, there is no fee.

                          Item 15 amends subregulation 130 (3) to insert after “under this Subdivision” the words “, other than a temporary licence,”.  This amendment excludes temporary licences from the operation of subregulation 130 (3). 

                          Item 16 substitutes subregulation 131 (2) and inserts subregulation 131 (3) in the Principal Regulations.  These subregulations clarify the conditions under which a relevant authority may grant a refrigerant handling licence. 

                          Subregulation 131 (2) provides that a relevant authority may grant a licence to an applicant only if the authority is satisfied that the applicant holds:

§          a qualification mentioned in column 4 of the item in Table 131 that corresponds to the licence mentioned in column 2 of the item; or

§          a certificate – however described – granted by a Registered Training Organisation certifying that the Organisation recognises that the applicant’s prior learning is equivalent to a relevant qualification, or that the applicant has demonstrated to the Organisation that his or her current competencies are equivalent to a relevant qualification. 

                          Subregulation 131 (3) provides that the authority may grant a licence to an applicant if the authority is satisfied that the applicant has the knowledge, ability and experience necessary to competently carry out the work covered by the licence. 

                          Item 17 substitutes item 3 in Table 131 to provide that an applicant who holds either of the qualifications listed in column 3, is entitled to a Restricted split system air conditioning installation and decommissioning licence.  This permits the applicant to handle a refrigerant for the installation and decommissioning of a single head split system of less than 18kW. 

                          Item 18 substitutes regulation 132 to provide that a relevant authority may grant a refrigerant handling licence of a kind mentioned in Table 131 to an applicant if:

§          the applications is made before 1 July 2006; and

§          the authority is satisfied that the applicant is qualified to hold a licence by having engaged in, or supervised, work of the kind permitted by the licence although when the application was made, he or she does not hold a certificate of a kind mentioned in paragraph 131 (2) (b) or he or she needs further training to meet the standard necessary for him or her to work indefinitely in the refrigeration and air conditioning industry.  

                          Item 19 substitutes items 5, 6 and 7 in Table 135 with items 5 and 6.  The items specify the standards that a licence holder is required to comply with as a condition of their licence.  The amendment inserts item 5, standard AS 4211.3-1996 and item 6, standard AS 4484-2004. 

                          Item 20 inserts additional standards after item 13 in Table 135.  The amendment inserts item 13A, standard AS2030.2-1996, item 13B, standard AS2030.2-1996/Amdt 1-1999 and item 13C, standard AS2030.2-1996/Amdt 2-2000. 

Item 21 inserts an additional standard after item 17 in Table 135.  The amendment inserts item 17A, standard AS/NZS 1677.1:1998/Amdt 1:2002.

                          Item 22 amends Table 136 under the item entitled ‘Western Australia’ in column 3 of Table 136, to omit each mention of “Special licence” and replace them with “Restricted refrigeration and air conditioning licence”.  This regulation clarifies that the licence in column 3 of Table 136 is called a Restricted refrigeration and air conditioning licence and may be granted under regulation 133.

                          Item 23 inserts regulation 138 after regulation 137 in the Principal Regulations, including the table, which provides the transitional arrangements for applicants who possess temporary licences. 

                          Subregulation 138 (1) provides that the regulation applies in relation to a person who applies for the grant of a refrigerant handling licence.

                          Subregulation 138 (2) provides that if the relevant authority is satisfied that the applicant is qualified to hold a temporary licence the applicant is taken to hold the licence until the earliest of the following:

§          when the application is withdrawn;

§          when the relevant authority grants the licence applied for;

§          the beginning of 1 January 2006.

Item 24 substitutes the note under the heading to Subdivision 6A.2.3 to note that regulation number 139 is intentionally not used.

                          Item 25 amends paragraph 140 (4) (a) to substitute “1 June 2005” with “1 January 2006”.    The regulation clarifies that a RAC Industry Board may grant an authorisation to a person that applies before 1 January 2006.

                          Item 26 substitutes paragraph 141 (1) (g) which specifies the conditions for handling refrigerant.  The paragraph provides that a person who holds a refrigerant trading authorisation or a RAC equipment manufacturing authorisation must ensure that any refrigerant on their premises is handled in accordance with each applicable standard set out in Table 135 and handled by, or under the supervision of, the holder of an appropriate licence granted under regulation 133.

                          Item 27 inserts regulation 143 after regulation 142 of the Principal Regulations, including Table 142.  The regulation provides the transitional arrangements for applicants who possess temporary authorisations.

                          Subregulation 143 (1) provides that the regulation applies in relation to a person who applies for the grant of a refrigerant trading authorisation or a RAC equipment manufacturing authorisation.

                          Subregulation 143 (2) provides that if the relevant authority is satisfied that the applicant is qualified to hold a temporary authorisation the applicant is taken to hold the authorisation applied for until the earlier or earliest of the following:

§          when the application is withdrawn;

§          when the relevant authority grants the authorisation applied for; or

§          the beginning of 1 January 2006.

                          Item 28 substitutes the note under the heading to Subdivision 6A.2.4 to note that regulation numbers 144 to 149 are intentionally not used.

                          Item 29 amends subregulation 150 (1) to substitute “RAC Industry Board” with “Minister”.  This amendment clarifies that the Minister, or his or her delegate, may grant a halon special permit.

                          Item 30 amends subregulation 150 (3) to omit “The Board may grant a halon special permit to a person only if it is satisfied that:” and replace those words with “The Minister may grant a halon special permit to a person only if the Minister is satisfied that:”.  This amendment clarifies that the Minister may grant a halon special permit.

                          Item 31 amends paragraph 900 (4) (b) and paragraph 901 (4) b to substitute “letters and symbols” with “letters or symbols” to define the composition of the unique identifier for the licence granted to the person under section 16 of the Act. 

                          Item 32 provides a table of further minor amendments to a range of provisions under the Principal Regulations. The table provide that the provisions listed in the first column of the table are amended by omitting the words in the second column of the table and replacing them with the words in the third column of the table. The table replaces all reference of “Board” or “RAC Industry Board” with “authority” or “relevant authority”.