Customs (Prohibited Imports) Amendment Regulations 2004 (No. 2) (Cth)
Customs (Prohibited Imports) Amendment Regulations 2004 (No. 2) 1
Statutory Rules 2004 No. 108 2
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Customs Act 1901 .Dated 27 May 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs
These Regulations are the
Customs (Prohibited Imports) Amendment Regulations 2004 (No. 2) .
These Regulations commence on the date of their notification in the
Gazette .
3 Amendment of Customs (Prohibited Imports) Regulations 1956 Schedule 1 amends the
Customs (Prohibited Imports) Regulations 1956 .
(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.
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 ofSGG in theOzone Protection and Synthetic Greenhouse Gas Management Act 1989 .
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.
insert
1 | CH |
1 | CHF |
2 | CH |
3 | CH |
4 | CHF |
5 | CHF |
6 | CH |
7 | CHF |
8 | CF |
9 | CH |
10 | CH |
11 | CH |
12 | CF |
13 | CH |
14 | CHF |
15 | CF |
16 | CH |
17 | CHF |
18 | CF |
19 | CF |
1 | CF |
2 | C |
3 | C |
4 | C |
5 | c-C |
6 | C |
7 | C |
1. These Regulations amend Statutory Rules 1956 No. 90, as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52, 58 and 228; 1999 Nos. 165, 201, 202, 217, 249, 250, 275, 332 and 333 (disallowed by the House of Representatives on 5 June 2000); 2000 Nos. 32, 75, 143, 213, 214, 215, 234 and 299; 2001 No. 60; 2002 Nos. 30, 81, 206, 331 and 332; 2003 Nos. 18, 26, 53, 54, 89, 97, 166, 210, 253, 309 and 321; 2004 No. 72.
2. Notified in the
Commonwealth of Australia Gazette
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