Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2008 (No. 1) (Cth)

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 136

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 24 June 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PETER ROBERT GARRETT

Minister for the Environment, Heritage and the Arts

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Amendment of Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995                                                2

Schedule 1Amendments commencing on day after registration 3

Schedule 2Amendments commencing on 1 January 2009 3

Name of Regulations

These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2008 (No. 1).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered — regulations 1 to 3 and Schedule 1;

(b)on 1 January 2009 — Schedule 2.

Amendment of Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

Schedules 1 and 2 amend the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

Schedule 1 Amendments commencing on day after registration

(regulation 3)

[1] After subregulation 111 (1)

insert

(1A)A person commits an offence if the person:

(a)holds a refrigerant handling licence; and

(b)carries out refrigerant handling work that the person is not entitled to carry out under the item in column 3 of Table 131 that corresponds to the item in column 2 of Table 131 that describes the kind of refrigerant handling licence held by the licensee.

Penalty: 10 penalty units.

[2] Subregulation 111 (3)

after

(1)

insert

or (1A)

[3] After subregulation 123 (2)

insert

(3)The Minister may delegate his or her powers under this regulation to an SES employee or acting SES employee in the Department.

(4)In exercising powers under a delegation, the delegate must comply with any directions of the Minister.

[4] Subparagraph 135 (1) (c) (ii)

omit

facility.

insert

facility; and

[5] After paragraph 135 (1) (c)

insert

(d)in handling refrigerants, only carries out refrigerant handling work that the licensee is entitled to carry out under the item in column 3 of Table 131 that corresponds to the item in column 2 of Table 131 that describes the kind of refrigerant handling licence held by the licensee.

[6] Table 135, item 34

substitute

34	The Australian Automotive Code of Practice for the Control of Refrigerant Gases during Manufacture, Installation, Servicing or Decommissioning of Motor Vehicle Air Conditioners

[7] Regulation 200, definition of approved form

omit

Secretary

insert

Minister

[8] Regulations 241, 242, 243, 244 and 245

omit each mention of

Secretary

insert

Minister

[9] Regulation 245, note

omit

[10] After regulation 245

insert

Delegation

(1)The Minister may delegate his or her powers and functions under this Division to an SES employee or acting SES employee in the Department.

(2)In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

Note Regulation numbers 247 to 300 are intentionally not used.

[11] After subregulation 315 (2)

insert

(3)The Minister may delegate his or her powers under this regulation to an SES employee or acting SES employee in the Department.

(4)In exercising powers under a delegation, the delegate must comply with any directions of the Minister.

Schedule 2 Amendments commencing on 1 January 2009

(regulation 3)

[1] Regulation 200, definition of Non‑QPS Exemption List, paragraph (d)

omit

2008.

insert

2008; and

[2] Regulation 200, definition of Non‑QPS Exemption List, after paragraph (d)

insert

(e)for the year 2009 — the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2009, published by the Department, as in force on 1 January 2009.

[3] Subregulation 213 (6), definition of Non‑QPS Intermediate Supplier List, paragraph (d)

omit

2008.

insert

2008; and

[4] Subregulation 213 (6), definition of Non‑QPS Intermediate Supplier List, after paragraph (d)

insert

(e)for the year 2009 — the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2009, published by the Department, as in force on 1 January 2009.

Note

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