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

Case

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2005 (No. 2)1

Select Legislative Instrument 2005 No. 90

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 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

Dated 25 May 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN CAMPBELL

Minister for the Environment and Heritage

  1. Name of Regulations

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

  1. Commencement

These Regulations commence on the day after they are registered.

  1. Amendment of Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

Schedule 1 amends the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

Schedule 1          Amendments

(regulation 3)

[1]          Regulation 110, before definition of halon special permit

insert

Australian National Training Authority means the Australian National Training Authority established by the Australian National Training Authority Act 1992.

  1. Regulation 110, definition of RAC Industry Board

substitute

RAC Industry Board means a body appointed under paragraph 120 (2) (a).

  1. Regulation 110, after definition of RAC industry permit

insert

RAC industry powers and functions means the powers and functions given to the Minister by subregulation 120 (1).

  1. Regulation 110, after definition of refrigerant trading authorisation

insert

Registered Training Organisation has the same meaning as it has in the document called Australian Quality Training Framework — Standards for Registered Training Organisations, published by the Australian National Training Authority in 2005.

relevant authority, in relation to an RAC industry permit, or an application for a permit, means:

(a)the relevant Board; or

(b)if no relevant Board has been appointed — the Minister.

relevant Board means:

(a)in relation to an RAC industry permit — the RAC Industry Board that granted the permit; or

(b)in relation to an application for a permit — the Board to which the application is made.

temporary licence means a licence granted under regulation 138.

  1. Subregulation 112 (3), note

substitute

Note   For guidance on the Internet for locating the holders of refrigerant trading authorisations, see refrigeration.html.

  1. Regulation 120

substitute

  1. Relevant authority’s powers and functions

(1)The Minister has the following powers and functions:

(a)to receive applications for RAC industry permits;

(b)to collect, on behalf of the Commonwealth, the fees that are payable for those applications;

(c)to grant RAC industry permits;

(d)to collect information:

(i)supplied by applicants for industry permits; and

(ii)supplied in response to any request made under paragraph 141 (1) (b);

(e)to publish the information mentioned in paragraph (d) in a way that does not:

(i)allow any person to be identified; or

(ii)disclose confidential information;

(f)to inspect, with the occupier’s permission, premises used for activities conducted under an RAC industry permit.

(2)The Minister may, in writing:

(a)appoint 1 or more bodies that are incorporated under the Corporations Act 2001, as RAC Industry Boards; and

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

(c)authorise the Board or Boards to exercise any or all of the Minister’s RAC industry powers and functions in relation to:

(i)the refrigeration and air conditioning industry; or

(ii)1 or more specified sectors of the industry.

  1. After subregulation 121 (1)

insert

(1A)If the Minister appoints 1 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 an RAC industry permit:

(a)if 1 Board is appointed — must apply to that Board; or

(b)if more than 1 Board is appointed — may apply to either, or any, Board.

(1B)If the Minister appoints 1 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 an RAC industry permit:

(a)if 1 Board grants the kind of permit sought by the applicant — must apply to that Board; or

(b)if more than 1 Board grants that kind of permit — may apply to either, or any, Board; or

(c)if no Board grants that kind of permit — must apply to the Minister.

  1. Subregulation 121 (3)

omit each mention of

Board

insert

authority

  1. Paragraph 123 (1) (b)

omit

was subject.

insert

was subject; or

  1. After paragraph 123 (1) (b)

insert

(c)does not have the knowledge, ability and experience necessary to competently carry out the work covered by the licence.

  1. Paragraph 124 (1) (a)

omit everything before subparagraph (i), insert

(a)to the relevant authority for reconsideration of any of the following decisions of the authority:

  1. Regulation 125

omit

the Board or Minister

insert

the relevant Board or the Minister

  1. Paragraph 130 (2) (b)

omit

the fee is $50.

insert

the fee is $50; and

  1. After paragraph 130 (2) (b)

insert

(c)if the licence granted is a temporary licence, there is no fee.

  1. Subregulation 130 (3)

after

under this Subdivision

insert

, other than a temporary licence,

  1. Subregulation 131 (2)

substitute

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

(a)a qualification mentioned in column 4 of an item in Table 131 that corresponds to the licence mentioned in column 2 of the item (a relevant qualification); or

(b)a certificate (however described) granted by a Registered Training Organisation, certifying that:

(i)the Organisation recognises that the applicant’s prior learning is equivalent to a relevant qualification; or

(ii)the applicant has demonstrated to the Organisation that his or her current competencies are equivalent to a relevant qualification.

(3)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.

  1. Regulation 131, Table 131, item 3

substitute

3 Restricted split system air conditioning installation and de‑commissioning licence To handle a refrigerant for the installation and de‑commissioning of a single-head split system of less than 18kW

MEM 20198 Certificate II in Engineering Production (Air Conditioning)

40488SA Certificate II in Split Systems Air Conditioning

  1. Regulation 132

substitute

  1. Refrigerant handling licences — experienced persons

Despite regulation 131, a relevant authority may grant a refrigerant handling licence of a kind mentioned in Table 131 to an applicant if:

(a)the application is made before 1 July 2006; and

(b)the authority is satisfied that the applicant is qualified to hold a licence by having engaged in, or supervised, work of the kind to be permitted by the licence, although:

(i)when the application is made, he or she does not hold a certificate of a kind mentioned in paragraph 131 (2) (b); or

(ii)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.

  1. Regulation 135, Table 135, items 5, 6 and 7

substitute

5 AS 4211.3-1996 Gas recovery or combined recovery and recycling equipment - Fluorocarbon refrigerants from commercial/domestic refrigeration and airconditioning systems
6 AS 4484-2004 Gas cylinders for industrial, scientific, medical and refrigerant use - Labelling and colour coding

  1. Regulation 135, Table 135, after item 13

insert

13A AS 2030.2-1996 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases - Cylinders for dissolved acetylene
13B AS 2030.2-1996/ Amdt 1-1999 The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases - Cylinders for dissolved acetylene
13C AS 2030.2-1996/ Amdt 2-2000 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases - Cylinders for dissolved acetylene

  1. Regulation 135, Table 135, after item 17

insert

17A AS/NZS 1677.1:1998/ Amdt 1:2002 Refrigerating systems - Refrigerant classification

  1. Regulation 136, Table 136, item entitled ‘Western Australia’, column 3

omit each mention of

Special licence

insert

Restricted refrigeration and air conditioning licence

  1. After regulation 137 (including Table 137)

insert

  1. Transitional — temporary licences for applicants

(1)This regulation applies in relation to a person who applies for the grant of a refrigerant handling licence.

(2)If the relevant authority is satisfied that the applicant is qualified to hold a temporary licence by having engaged in, or supervised, work of the kind to be permitted by the licence, the applicant is taken to hold the licence applied for until the earlier or earliest of the following:

(a)when the application is withdrawn;

(b)when the relevant authority grants the licence applied for;

(c)the beginning of 1 January 2006.

  1. Subdivision 6A.2.3, heading, note

substitute

Note   Regulation number 139 is intentionally not used.

  1. Paragraph 140 (4) (a)

omit

1 June 2005;

substitute

1 January 2006;

  1. Paragraph 141 (1) (g)

substitute

(g)ensures that, at the premises, any refrigerant is:

(i)handled in accordance with each applicable standard set out in Table 135; and

(ii)handled only by, or under the supervision of, the holder of an appropriate licence granted under regulation 133; and

  1. After regulation 142 (including Table 142)

insert

  1. Transitional — temporary authorisations for applicants

(1)This regulation applies in relation to a person who applies for the grant of a refrigerant trading authorisation or an RAC equipment manufacturing authorisation.

(2)If the relevant authority is satisfied that the applicant is qualified to hold a temporary authorisation by having engaged in, or supervised, work of the kind to be permitted by the authorisation, the applicant is taken to hold the authorisation applied for until the earlier or earliest of the following:

(a)when the application is withdrawn;

(b)when the relevant authority grants the authorisation applied for;

(c)the beginning of 1 January 2006.

  1. Subdivision 6A.2.4, heading, note

substitute

Note   Regulation numbers 144 to 149 (inclusive) are intentionally not used.

  1. Subregulation 150 (1)

omit

RAC Industry Board

insert

Minister

  1. Subregulation 150 (3)

omit everything before paragraph (a), insert

(3)The Minister may grant a halon special permit to a person only if the Minister is satisfied that:

  1. Paragraphs 900 (4) (b) and 901 (4) (b)

omit

letters and symbols

insert

letters or symbols

  1. Further amendments

Provision omit insert
Paragraph 121 (1) (a) the RAC Industry Board a relevant authority
Paragraph 121 (1) (c) and subregulation 121 (2) Board authority
Regulation 122 the RAC Industry Board a relevant authority
Regulation 122 Board authority
Paragraph 130 (3) (a) RAC Industry Board relevant authority
Paragraph 130 (3) (b) and subregulation 130 (4) Board authority
Subregulation 131 (1) The RAC Industry Board A relevant authority
Subregulation 131 (2) Board authority
Regulation 133 and subregulation 134 (1) The RAC Industry Board A relevant authority
Subregulation 135 (2) RAC Industry Board relevant authority
Paragraph 135 (2) (b) and subregulation 135 (3) Board authority
Subregulation 140 (1) The RAC Industry Board A relevant authority
Subregulations 140 (3) and (4), paragraphs 140 (5) (a) and (b), and subregulation 140 (6) Board authority
Paragraph 141 (1) (b) RAC Industry Board relevant authority
Paragraph 141 (1) (b) the Board the authority
Subregulation 141 (3) RAC Industry Board relevant authority
Paragraph 141 (3) (b) Board authority

Note

  1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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