Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1) (Cth)

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Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1)1

Select Legislative Instrument 2009 No. 4

I, QUENTIN BRYCE, 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 5 February 2009

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

PETER ROBERT GARRETT

Minister for the Environment, Heritage and the Arts

1Name of Regulations

These Regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1).

2Commencement

These Regulations commence on the day after they are registered.

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

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

Schedule 1Amendments

(regulation 3)

[1]Regulation 110, definition of RAC industry permit, paragraph (d)

omit

permit.

insert

permit;

[2]Regulation 110, definition of RAC industry permit, after paragraph (d)

insert

  1. (e)

    a restricted refrigerant trading authorisation.

[3]Regulation 110, after definition of relevant Board

insert

restricted refrigerant trading authorisation means an authorisation granted under paragraph 140 (1) (c).

[4]Regulation 111

substitute

111Offence — handling refrigerant

  1. (1)

    A person commits an offence if the person handles a refrigerant and the person is not:

    (a) both:

    1. (i)

      the holder of a refrigerant handling licence; and

    2. (ii)

      entitled under the licence to handle the refrigerant in the way in which it was handled; or

    1. (b)

      both:

      1. (i)

        engaged in a phase of the manufacture of RAC equipment; and

      2. (ii)

        supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to manufacture RAC equipment; or

    2. (c)

      both:

      1. (i)

        decommissioning RAC equipment; and

      2. (ii)

        supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to decommission RAC equipment.

Penalty: 10 penalty units.

  1. (2)

    For subregulation (1), handle a refrigerant means doing anything with the refrigerant, or a component of RAC equipment, that carries the risk of refrigerant being emitted, including:

    1. (a)

      decanting the refrigerant; or

    2. (b)

      manufacturing, installing, commissioning, servicing or maintaining RAC equipment, irrespective of whether or not refrigerant is present; or

    3. (c)

      decommissioning RAC equipment where refrigerant is present.

  2. (3)

    An offence against subregulation (1) is an offence of strict liability.

[5]After subregulation 113

insert

113AOffence — false representations

  1. (1)

    A person commits an offence if:

    1. (a)

      the person makes a representation that the person can provide a service that involves the acquisition, disposal, storage, use or handling of refrigerant; and

    2. (b)

      at the time of making the representation, the person does not hold an RAC industry permit that entitles the person to provide the service; and

    3. (c)

      at the time of making the representation, the person does not employ a person who holds a refrigerant handling licence for work of the kind that is necessary to provide the service.

Penalty: 10 penalty units.

  1. (2)

    A person commits an offence if:

    1. (a)

      the person makes a representation that the person is the holder of a kind of RAC industry permit; and

    2. (b)

      at the time of making the representation, the person is not the holder of an RAC industry permit of that kind.

Penalty: 10 penalty units.

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

[6]Subparagraph 120 (1) (e) (i)

omit

identified;

insert

identified, except as provided for in paragraph (ea);

[7]After paragraph 120 (1) (e)

insert

  1. (ea)

    to keep and make available to the public by electronic means a register that includes the following details for the holder of an RAC industry permit:

    1. (i)

      the name of the holder of the permit;

    2. (ii)

      the type of permit held;

    3. (iii)

      the number allocated to the permit by the relevant authority;

    (iv) except for the holder of a refrigerant handling licence — the address and phone number of the holder of the permit;

[8]After subregulation 121 (3)

insert

  1. (4)

    An applicant is taken to have withdrawn an application if:

    1. (a)

      the relevant authority asks the applicant for information or consent; and

    2. (b)

      the applicant does not provide the information or consent within 6 months of the authority’s request.

  2. (5)

    An applicant may withdraw an application at any time before the relevant authority decides the application.

(6) The fee for an application is not refundable if the applicant withdraws the application or the application is taken to have been withdrawn.

[9]Paragraph 123 (1) (c)

omit

licence.

insert

licence; or

[10]After paragraph 123 (1) (c)

insert

  1. (d)

    for an authorisation — does not meet the requirements set out in subregulation 140 (3); or

  2. (e)

    for a halon special permit — does not meet the requirements set out in subregulation 150 (3).

[11]After subregulation 130 (4)

insert

  1. (5)

    If the authority grants a licence it must:

    1. (a)

      allocate a unique number to the licence; and

    2. (b)

      set out the number on the licence.

[12]Subparagraph 131 (2) (b) (ii)

omit

qualification.

insert

qualification; or

[13]After paragraph 131 (2) (b)

insert

  1. (c)

    a qualification that previously entitled the applicant to hold a licence of the kind to which the application relates.

[14]Table 131, item 1, column 4, paragraph (d)

omit

UEE 31306

insert

UEE 31307

[15]Table 131, item 3, column 4, paragraph (c)

omit

UEE 20106

insert

UEE 20107

[16]Table 131, item 4, column 4, paragraph (d)

omit

UEE 21806

insert

UEE 21807

[17]Table 131, item 4, column 4, paragraph (e)

omit

UEE 30506

insert

UEE 30507

[18]After paragraph 135 (1) (a)

insert

  1. (aa)

    for licensees that are supervising a refrigeration and air conditioning trainee licensee — ensures that any work carried out by the trainee licensee is in accordance with the standard set out in an item in column 2 of Table 135 that relates to the work; and

[19]Paragraph 135 (1) (d)

omit

licensee.

insert

licensee; and

[20]After paragraph 135 (1) (d)

insert

(e) for the holder of a refrigerant handling licence who is not employed or hired by the holder of a refrigerant trading authorisation — includes the number allocated to the licence by the relevant authority on any invoices, receipts and quotes for work carried out under the licence.

[21]Regulations 136 to 138

substitute

136Offence — contravention of licence condition

  1. (1)

    A person commits an offence if the person:

    1. (a)

      holds a licence granted under this Subdivision; and

    2. (b)

      engages in conduct; and

    3. (c)

      that conduct contravenes a condition of the licence.

Penalty: 10 penalty units.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

[22]Subdivision 6A.2.3, heading

substitute

Subdivision 6A.2.3Refrigerant authorisations

Note Regulation number 139 is intentionally not used.

[23]Paragraph 140 (1) (b)

omit

equipment.

insert

equipment; or

[24]After paragraph 140 (1) (b)

insert

(c) grant a restricted refrigerant trading authorisation to a person, permitting the person to:

  1. (i)

    recover refrigerant from RAC equipment; and

  2. (ii)

    store the refrigerant; and

  3. (iii)

    dispose of the refrigerant by causing it to be given to the operator of a refrigerant destruction facility.

[25]Subregulation 140 (2)

omit

for either or both authorisations

insert

for an authorisation under paragraph (1) (a) or (b) or both

[26]After subregulation 140 (2)

insert

  1. (2A)

    The application fee for an authorisation under paragraph (1) (c) is $100.

[27]Paragraph 140 (3) (c)

omit

or 133.

insert

or 133; and

[28]Subregulation 140 (3) (c), note

omit

[29]After paragraph 140 (3) (c)

insert

  1. (d)

    if the application is for a restricted refrigerant trading authorisation — the applicant is able to ensure that, at all times, persons engaged in removing refrigerant from RAC equipment are supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to remove refrigerant from RAC equipment.

Note An applicant who conducts business from a vehicle is eligible for an authorisation under paragraph (3) (a): see definition of premises in subsection 7 (1) of the Act.

[30]Subregulations 140 (4), (5) and (6)

substitute

  1. (4)

    An authorisation is in force:

    1. (a)

      from the day on which it is granted, or another day specified by the authority in writing; and

    2. (b)

      for a period of no more than:

      1. (i)

        24 months; or

      2. (ii)

        if it is granted under subregulation (4) — 12 months;

    specified, in writing, by the authority.

  2. (5)

    If the authority grants an authorisation to a person, it must give the person a document setting out the details of the authorisation.

  3. (6)

    If the authority grants an authorisation, it must:

    1. (a)

      allocate a unique number to the authorisation; and

    2. (b)

      set out the number on the authorisation.

[31]Subregulation 141 (1)

omit everything before paragraph (b), insert

  1. (1)

    Subject to subregulations (1A) and (1B), an authorisation granted under this Subdivision is subject to the conditions that the holder:

    1. (a)

      keeps up‑to‑date records showing the amounts, if any, of refrigerant bought, recovered, sold and otherwise disposed of during each quarter; and

[32]Paragraph 141 (1) (k)

omit

refrigerant.

insert

refrigerant; and

[33]After paragraph 141 (1) (k)

insert

  1. (l)

    for a restricted refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by:

    (i) the holder of a licence granted under regulation 131, 133 or 134 that entitles the holder to handle the refrigerant in the way in which it is being handled; or

    1. (ii)

      if refrigerant is being removed from RAC equipment — a person who is supervised by the holder of a licence granted under regulation 131 or 133 that entitles the holder to remove refrigerant from RAC equipment; and

  2. (m)

    keeps records for each quarter that set out the following:

    1. (i)

      details of any checks, any maintenance and any other action undertaken for paragraphs (c), (d) and (e);

    2. (ii)

      for each licensee who handles refrigerant that is in the possession of the holder — the licensee’s name and the number allocated to the licensee’s licence by the relevant authority;

    3. (iii)

      the dates on which cylinders for the storage and transport of compressed gases were tested for paragraph (g); and

(n) if requested by written notice from the relevant authority, sends to the authority, no more than 14 days after receiving the request, a copy of a report that contains the records for the previous quarter; and

  1. (o)

    for a refrigerant trading authorisation or a restricted refrigerant trading authorisation — includes the number allocated to the authorisation by the relevant authority on:

    1. (i)

      any advertising placed after 1 July 2009 for services the provision of which would not be permitted without the authorisation; and

    2. (ii)

      any invoices, receipts and quotes for work carried out under the authorisation.

Note A number of terms included in these Regulations are defined in the Act, including quarter.

[34]Regulations 142 and 143

substitute

142Offence — contravention of condition on authorisation

  1. (1)

    A person commits an offence if the person:

    1. (a)

      holds an authorisation granted under this Subdivision; and

    2. (b)

      engages in conduct; and

    3. (c)

      that conduct contravenes a condition of the authorisation.

Penalty: 10 penalty units.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

[35]Subregulation 150 (4), note

omit

[36]After subregulation 150 (4)

insert

  1. (5)

    If the Minister grants a permit under this regulation, he or she must:

    1. (a)

      allocate a unique number to the permit; and

    2. (b)

      set out the number on the permit.

Note Regulation numbers 151 to 199 (inclusive) are reserved for future use.

[37]Paragraph 223 (1) (c)

substitute

  1. (c)

    the type and amount of chemical or chemicals that the methyl bromide was used to manufacture;

  2. (d)

    what, if any, measures where taken to minimise methyl bromide emissions.

[38]After paragraph 241 (2) (e)

insert

  1. (ea)

    a description of the process in which the methyl bromide will be used to manufacture the chemical or chemicals; and

[39]Paragraph 302 (1) (b)

omit

agent; or

insert

agent.

[40]Paragraph 302 (1) (c)

omit

[41]Subparagraph 311 (2) (e) (i)

substitute

  1. (i)

    allow any individual to be identified, unless the individual’s name is included in a business or trading name.

[42]Paragraph 311 (2) (f)

omit

permit.

insert

permit; and

[43]After paragraph 311 (2) (f)

insert

  1. (g)

    if requested by an employer of a holder of a fire protection industry permit, disclose to the employer the following information about the holder’s permit:

    1. (i)

      the type of permit held;

    2. (ii)

      the expiry date for the permit.

[44]Subparagraph 313 (1) (c) (iii)

omit

permit.

insert

permit; and

[45]After subparagraph 313 (1) (c) (iii)

insert

  1. (iv)

    the name of the applicant’s employer (if any).

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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