Commonwealth Numbered Regulations - Explanatory Statements

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OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS (AMENDMENT) 1993 NO. 49

STATUTORY RULES 1993 No. 49

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES

OZONE PROTECTION ACT 1989

Ozone Protection (Product Control) Regulations (Amendment)

Outline

Section 70 of the Ozone Protection Act 1989 (the Act) empowers the Governor-General to make regulations prescribing matters required or permitted by Act to be prescribed.

By subsection 39(1) of the Act, the regulations may prohibit or regulate the manufacture, import, export, distribution or use of products that contain Scheduled Substances or depend on such substances for their operation.

The Australian and New Zealand Environment and Conservation Council ANZECC) approved recommendations in the National Strategy for Ozone Protection that the Commonwealth Minister implement certain product controls.

Under the Act, the control of ozone depleting substances, is effected through two separate mechanisms. Firstly, a licensing and quota scheme for manufacturers, importers and exporters of these chemicals regulates such activities on an annual basis and is regularly monitored. Secondly the Act imposes product controls, by prohibiting or regulating manufacture or import of certain products which rely on scheduled substances in some manner. Initial product controls are set out in Schedule 4 to the Act.

The scope of the product controls implemented by the Commonwealth government was extended by the Ozone Protection (Product Control) Regulations, by including specific polyurethane foam products. The proposed amendments to the regulations implement the next round of ANZECC's Strategy recommendations by adding product controls on industrial and commercial refrigeration and air conditioning equipment, and portable fire extinguishers.

Details of the Regulations

Regulation 1       Provides for the Ozone Protection (Product Control) Regulations to be amended as set out in the Regulations.

Regulation 2       Expresses penalties for breaches under Regulation 4 in a manner consistent with the Crimes Act 1914.

Regulation 3       Expresses penalties for breaches. under Regulation 5 in a manner consistent with the Crimes Act 1914.

Regulation 4       Adds Regulations 6 and 7 and a Schedule:

Regulation 6: provides that a person must not import or manufacture a disposable container which is designed to contain CFC refrigerant.

Regulation 7: provides that a person must not import or manufacture either industrial or commercial refrigeration or air conditioning equipment which contains a CFC refrigerant, or industrial or commercial refrigeration or air conditioning equipment which can only be used with a CFC refrigerant in cases where the refrigerant has not yet been installed. The Regulation does not apply to refrigerated shipping containers or refrigerated air freight containers. The Regulation does not apply to equipment specified in the Schedule until 1 January 1994.

Penalties consistent with section 70 of the Act are imposed for breach of regulations 6 and 7.