Commonwealth Numbered Regulations - Explanatory Statements

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OZONE PROTECTION REGULATIONS (AMENDMENT) 1992 NO. 348

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 348

(Issued by the Authority of the Minister for the Arts, Sport, the Environment and Territories)

Ozone Protection Act 1989

Ozone Protection Regulations (Amendment)

The purpose of these regulations is to amend the Ozone Protection Regulations (the Regulations), which are in force under the Ozone Protection Act 1989 (the Act). Section 70 of the Act provides 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.

The amendments to the Regulations enable the provisions of the existing Regulations which relate to prescribed forms and the keeping of records to be extended to include newly scheduled substances listed in Schedule 1 of the Act. Schedule 1 will be amended after the Ozone Protection Amendment Act 1992 comes into operation to add ten new CFCs, carbon tetrachloride and methyl chloroform to the list of controlled substances under the Act. It has been proposed that the amendments to the Regulations come into operation on the same date as the Ozone Protection Amendment Act 1992, i.e. 9 November 1992.

One additional form, Form 1A, and minor amendments to existing Forms 26 are proposed.

Form 1A: Application for a Licence Under Section 14, is proposed as the application form relating to the newly scheduled substances under the Amendment Act. It is similar to the existing Form 1 for stage-1 CFCs and halons.

Form 1A requires information relating to any involvement of the applicant in the conduct of an enterprise in the course of which newly scheduled substances were imported, manufactured or exported between 1 January 1989 (the base year for certain purposes of the Act) and the date of commencement of the Ozone Protection Amendment Act 1992. This information is relevant to granting of licences and also the allocation of quotas.

The proposed amendment to Form 2 takes into account the authority under the Act to issue a restricted licence. Other amendments to the forms include the addition of the newly scheduled substances. The opportunity has also been taken to tidy the forms and remove references to telex numbers which are now rarely used in business communications.


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