Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (Cth)

Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

Statutory Rules No. 389, 1995

made under the

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Compilation No. 47

Compilation date: 1 July 2025

Includes amendments: F2024L00730

About this compilation

This compilation

This is a compilation of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 that shows the text of the law as amended and in force on 1 July 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

1Name of regulations

These regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

2Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including 100‑year global warming potential.
In these Regulations:
ABN(short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
base period for an HFC quota allocation period has the meaning given by regulation 46.
covers: an SGG licence covers a period if the licence is in force for the whole of the period.
Note: For when a licence is in force, see section 19 of the Act.
extinguishing agent has the meaning given by regulation 301.
fire protection equipment has the meaning given by regulation 301.
first HFC quota allocation period means the HFC quota allocation period mentioned in subregulation 41(2).
Note: The first HFC quota allocation period starts on 1 January 2018.
grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.
grandfathered quota means an amount to which a person is entitled under regulation 48, 49 or 50 (as affected by Subdivision 4A.3.5).
GWP extinguishing agent has the meaning given by subregulation 2AAB(5).
Note: GWP is short for 100‑year global warming potential.
GWP refrigerant has the meaning given by subregulation 2AAA(5).
HFC quota allocation period has the meaning given by regulation 41.
licensed regulated HCFC activity means a regulated HCFC activity engaged in under a controlled substances licence.
licensed regulated HFC activity means a regulated HFC activity engaged in under an SGG licence.
maximum grandfathered quota has the meaning given by subregulation 58(4).
medical device has the meaning given by the Therapeutic Goods Act 1989.
medicine has the meaning given by the Therapeutic Goods Act 1989.
multi‑head small SGG air conditioning equipment means SGG equipment that:
(a)
is the outdoor unit of a multi‑head split system air conditioning system (whether or not the air conditioning system is a variable refrigerant flow system); and
(b)
contains, or uses in its operation, an HFC that has a global warming potential of more than 750; and
(c)
is designed to be used primarily to cool or heat (or both) for human comfort a stationary space; and
(d)
has, or will have when charged, a standard refrigerant charge of 2.6 kilogram or less.
non‑grandfathered percentage for an HFC quota allocation period has the meaning given by regulation 46.
non‑grandfathered quota means an amount to which a person is entitled under regulation 51.
prohibited extinguishing agent charging has the meaning given by subregulation 2AAB(3).
prohibited refrigerant charging has the meaning given by subregulation 2AAA(3).
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.
replacement part does not include a complete, or substantially complete, indoor or outdoor unit of a split system air conditioning unit.
sampled, for a scheduled substance, has the meaning given by subregulation 400(3).
second HFC quota allocation period means the HFC quota allocation period starting on 1 January 2020.
small SGG air conditioning equipment means SGG equipment that:
(a)
is any of the following:
(i)
the outdoor unit of a single head split system air conditioning system;
(ii)
a portable air conditioning system;
(iii)
an air conditioning system that consists of a single unit designed to be mounted on a wall or window; and
(b)
contains, or uses in its operation, an HFC that has a global warming potential of more than 750; and
(c)
is designed to be used primarily to cool or heat (or both) for human comfort a stationary space; and
(d)
has, or will have when charged, a standard refrigerant charge of 2.6 kilogram or less; and
(e)
is not multi‑head small SGG air conditioning equipment.
veterinary device means an instrument, apparatus, material or other article (whether used alone or in combination, and including the software necessary for its proper application) that:
(a)
is used for animals:
(i)
to diagnose, prevent, monitor, treat or alleviate a disease, condition or infestation of the animal by a pest; or
(ii)
to test susceptibility to a disease; or
(iii)
to diagnose, monitor, treat, alleviate or compensate for an injury or disability; or
(iv)
to investigate, replace or modify the anatomy or a physiological process; or
(v)
to control conception; or
(vi)
to test for pregnancy; and
(b)
does not achieve its principal intended action in or on the animal by pharmacological, immunological or metabolic means, but that may be assisted in its function by those means.
veterinary medicinemeans a veterinary chemical product as defined in the Agricultural and Veterinary Chemicals Code Act 1994.

2AAAMeaning of prohibited refrigerant charging

Scope of this regulation
(1)
This regulation applies in relation to equipment that is designed:
(a)
to be used for the heating or cooling of anything; and
(b)
to operate solely by using a particular refrigerant (the design refrigerant) other than an HCFC refrigerant.
(2)
For the purposes of paragraph (1)(b), equipment is taken to be designed to operate solely by using a particular refrigerant if:
(a)
the equipment has a compliance plate that specifies that particular refrigerant; or
(b)
both of the following subparagraphs apply:
(i)
a manual, issued by the manufacturer, that relates to the equipment states that the equipment is designed to operate solely by using that particular refrigerant;
(ii)
the equipment does not have a compliance plate that specifies any particular refrigerant.
Meaning of prohibited refrigerant charging
(3)
A person engages in prohibited refrigerant charging if:
(a)
the person charges the equipment with a GWP refrigerant (the new refrigerant) other than the design refrigerant; and
(b)
either:
(i)
the design refrigerant is not a scheduled substance; or
(ii)
the design refrigerant is a GWP refrigerant and the new refrigerant has a higher 100‑year global warming potential than the design refrigerant; and
(c)
subregulation (4) does not apply.
(4)
This subregulation applies if:
(a)
the continued functioning of the equipment is essential for health or public safety purposes; and
(b)
no refrigerant that:
(i)
is not a GWP refrigerant; or
(ii)
is the design refrigerant; or
(iii)
has a 100‑year global warming potential equal to or lower than that of the design refrigerant;
is available as an alternative to the new refrigerant to ensure the continued functioning of the equipment.
Meaning of GWP refrigerant
(5)
A GWP refrigerant is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.

2AABMeaning of prohibited extinguishing agent charging

Scope of this regulation
(1)
This regulation applies in relation to fire protection equipment that is designed to operate solely by using a particular extinguishing agent (the design extinguishing agent) other than an HCFC extinguishing agent.
(2)
For the purposes of subregulation (1), equipment is taken to be designed to operate solely by using a particular extinguishing agent if documentation, issued by the manufacturer, that relates to the operation of the equipment states that the equipment is designed to operate solely by using that particular extinguishing agent.
Meaning of prohibited extinguishing agent charging
(3)
A person engages in prohibited extinguishing agent charging if:
(a)
the person charges the equipment with a GWP extinguishing agent (the new extinguishing agent) other than the design extinguishing agent; and
(b)
either:
(i)
the design extinguishing agent is not a scheduled substance; or
(ii)
the design extinguishing agent is a GWP extinguishing agent and the new extinguishing agent has a higher 100‑year global warming potential than the design extinguishing agent; and
(c)
subregulation (4) does not apply.
(4)
This subregulation applies if:
(a)
the continued functioning of the equipment is essential:
(i)
for public safety purposes; or
(ii)
to protect assets or infrastructure that are critical to the community; and
(b)
no extinguishing agent that:
(i)
is not a GWP extinguishing agent; or
(ii)
is the design extinguishing agent; or
(iii)
has a 100‑year global warming potential equal to or lower than that of the design extinguishing agent;
is available as an alternative to the new extinguishing agent to ensure the continued functioning of the equipment.
Meaning of GWP extinguishing agent
(5)
A GWP extinguishing agent is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.

Part 2Terms used in the Act2AAHeel allowance percentage

For the definition of heel allowance percentage in section 7 of the Act, 5% is prescribed for each substance referred to in Schedule 1 to the Act.

2BBulk scheduled substances and equipment

For the purposes of subsection 9(5) of the Act, an HCFC or HFC that is in a polyol blend:
(a)
is taken to be a bulk scheduled substance; and
(b)
is taken not to be contained in equipment; and
(c)
is taken not to be used in the operation of equipment.

Part 3Licences

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

3Unlicensed manufacture of scheduled substances or equipment

Manufacture of scheduled substances—exempt circumstances
(1)
For the purposes of subsection 13(2) of the Act, the following circumstances are prescribed:
(a)
that the SGG is not an HFC and the whole amount of the SGG is used in:
(i)
a medical device; or
(ii)
medicine; or
(iii)
a veterinary device; or
(iv)
veterinary medicine;
(b)
that the manufacture of the SGG consists of the formation of the SGG as a by‑product of the manufacture of aluminium.
Manufacture of equipment containing a scheduled substance
(1A)
For the purposes of paragraph 13(3)(d) of the Act, the following equipment is prescribed:
(a)
small SGG air conditioning equipment;
(b)
multi‑head small SGG air conditioning equipment.
(2)
For the purposes of paragraph 13(5)(d) of the Act, the following are prescribed:
(a)
a scheduled substance other than an SGG;
(b)
small SGG air conditioning equipment;
(c)
multi‑head small SGG air conditioning equipment.

3AUnlicensed import of scheduled substances or equipment

Import of scheduled substances—exempt circumstances
(1)
For the purposes of subsection 13AA(2) of the Act, it is a prescribed circumstance that:
(a)
the SGG is not an HFC; and
(b)
the whole amount of the SGG is used in:
(i)
a medical device; or
(ii)
medicine; or
(iii)
a veterinary device; or
(iv)
veterinary medicine.
Import of equipment containing a scheduled substance—low volume imports exemption
(2)
For the purposes of paragraph 13AA(4)(a) of the Act, the amount of 25 kilograms is prescribed.
(3)
For the purposes of paragraph 13AA(4)(b) of the Act, it is a condition, in relation to an importation of SGG equipment by a person at a time in a calendar year, that the total amount of SGGs contained in:
(a)
SGG equipment in the importation; and
(b)
any other SGG equipment the person imported during the calendar year at or before that time;
is not greater than 25 kg.
(4)
For the purposes of paragraph 13AA(5)(d) of the Act, the following are prescribed:
(a)
a scheduled substance other than an SGG;
(b)
small SGG air conditioning equipment;
(c)
multi‑head small SGG air conditioning equipment.
Import of equipment—exempt equipment
(5)
For the purposes of paragraph 13AA(6)(a) of the Act, the following equipment is prescribed:
(a)
imported foam equipment (other than expanding polyurethane foam aerosols);
(b)
foam equipment (other than expanding polyurethane foam aerosols) included in other imported equipment;
(c)
a medical device or medicine;
(d)
a veterinary device or veterinary medicine.
Import of equipment—exemption for private or domestic use
(6)
For the purposes of paragraph 13AA(7)(b) of the Act, the following equipment is prescribed:
(a)
air conditioning equipment, including air conditioning equipment contained in something else (for example, in a motor vehicle, watercraft or aircraft);
(b)
a heat pump;
(c)
medical equipment;
(d)
a part or component that contains a scheduled substance, other than a motor vehicle part or component;
(e)
personal, household or food equipment;
(f)
refrigeration equipment;
(g)
safety equipment.
(7)
For the purposes of paragraph 13AA(7)(c) of the Act, the following conditions are prescribed:
(a)
that the person comply with any notice from the Secretary requesting any of the following evidence in relation to the equipment:
(i)
except if the equipment is medical equipment—evidence that the equipment has been owned for more than 12 months wholly or principally for private or domestic use before importation;
(ii)
in any case—evidence that the equipment is imported wholly or principally for private or domestic use;
(b)
that the person comply with the notice within 30 days after receiving the notice.
Import of equipment—exemption for temporary imports
(8)
For the purposes of subparagraph 13AA(8)(a)(i) of the Act, the following purposes are prescribed:
(a)
a research purpose;
(b)
if the equipment is a shipping container—the purpose of refrigerating goods during shipping;
(c)
the purpose of repairing or exchanging the equipment;
(d)
the purpose of carrying out dredging activities, or activities relating to operating offshore platforms;
(e)
the purpose of displaying or demonstrating the equipment to promote or advertise the equipment;
(f)
the purpose of competing in a race or other event using the equipment.
Note: For paragraph (c), equipment imported for the purpose of repairing or exchanging the equipment must be imported for that purpose only: see subregulation (11).
(9)
For the purposes of subparagraph 13AA(8)(a)(i) of the Act, the following circumstances are prescribed:
(a)
both:
(i)
that the equipment is not intended to remain in Australia; and
(ii)
that the equipment does not change ownership in Australia;
(b)
that the equipment is imported in accordance with an international agreement, to which Australia is a party, relating to temporary imports of scheduled substances;
(c)
that the equipment is on either of the following:
(i)
a vessel, other than an Australian vessel (within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989), that is temporarily operating in Australia;
(ii)
an aircraft, other than an Australian aircraft (within the meaning of that Act), that is temporarily operating in Australia.
(10)
For the purposes of subparagraph 13AA(8)(a)(ii) of the Act, the period of 2 years is prescribed.
(11)
For the purposes of paragraph 13AA(8)(b) of the Act, if the equipment is imported for the purpose of repairing or exchanging the equipment (see paragraph (8)(c) of this regulation), then it is a condition that the equipment is imported for that purpose only.
Import of equipment—exemption for returning Australian equipment
(12)
For the purposes of paragraph 13AA(9)(a) of the Act, the following equipment is prescribed:
(a)
ODS equipment;
(b)
SGG equipment.

3CApplication fee for licence (Act s 14)

(1)
For the purposes of paragraph 14(2)(aa) of the Act, the following application fees are prescribed:
1. (a)
  for a controlled substances licence—$15 000;
2. (b)
  for an essential uses licence—$3 000;
3. (c)
  for a used substances licence—$15 000;
4. (d)
  for an equipment licence—$3 000.
(2)
The Minister may waive the application fee for a controlled substances licence or a used substances licence if:
1. (a)
  the purpose of the licence is to allow the manufacture, import or export of less than half a tonne of scheduled substances; and
2. (b)
  the Minister is satisfied that the manufacture, import or export is for:
  1. (i)
    test purposes; or
  2. (ii)
    monitoring purposes; or
  3. (iii)
    laboratory and analytical purposes.
(3)
The Minister may waive the application fee for an essential uses licence if the Minister is satisfied that the manufacture, import or export of the scheduled substance to which the licence relates is for test purposes.
(4)
The Minister may waive the application fee for a controlled substances licence, a used substances licence or an essential uses licence if the Minister is satisfied that:
1. (a)
  the scheduled substance to which the licence relates will be imported or exported for the purpose of the disposal of the substance; and
2. (b)
  the disposal will be carried out by a technology approved by the parties to the Montreal Protocol.
(5)
The Minister may waive the application fee for an equipment licence if the purpose of the licence is to allow the import of equipment containing 25 kilograms or less of HCFCs.
(6)
The Minister may waive the application fee for any type of licence if the Minister is satisfied that there are exceptional circumstances that justify waiving the fee.

3DApplication fee for renewing licence

For the purposes of paragraph 19AA(3)(b) of the Act:
(a)
the application fee for a renewal of a licence of a particular type is the same as the application fee for a licence of that type under subregulation 3C(1); and
(b)
the Minister may waive the application fee for a renewal of a licence of a particular type in the circumstances in which the Minister could waive the application fee for a licence of that type under subregulation 3C(2), (3), (4), (5) or (6).
3DACircumstances in which Minister may grant equipment licences—SGG equipment
(1)
For the purposes of subsection 16(5) of the Act, it is a requirement in relation to the SGG equipment that the Minister is satisfied that:
(a)
the equipment is not small SGG air conditioning equipment or multi‑head small SGG air conditioning equipment; or
(b)
if the equipment is small SGG air conditioning equipment or multi‑head small SGG air conditioning equipment—one or more of the circumstances mentioned in subregulation (2) applies in relation to the equipment.
(2)
For the purposes of paragraph (1)(b), the circumstances are as follows:
(a)
both:
(i)
the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and
(ii)
no practical alternative exists to the use of an HFC that has a global warming potential of more than 750 in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose;

(b)
because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of an HFC that has a global warming potential of more than 750 in the operation of the equipment;
(c)
in the case of the import of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported;
(d)
the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment;
(e)
both:
(i)
exceptional circumstances justify granting the licence in relation to the equipment; and
(ii)
granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol.

3ECircumstances in which Minister may grant equipment licences – ODS equipment

For the purposes of paragraph 16(6)(b) of the Act, it is a requirement in relation to equipment that uses a scheduled substance its operation that the Minister is satisfied that:
(a)
both:
(i)
the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and
(ii)
no practical alternative exists to the use of the scheduled substance in the operation of the equipment if it is to continue to be effective for such a purpose; or
(b)
because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of the scheduled substance in the operation of the equipment; or
(c)
in the case of the import or export of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported or exported; or
(d)
in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or
(e)
in any case—both:
(i)
exceptional circumstances justify granting the licence; and
(ii)
granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol.
Note: For equipment that contains a scheduled substance, see paragraph 16(6)(a) and subsection 16(6A) of the Act.

3FLicence condition – importing substances in non‑refillable containers

For the purposes of item 7 of the table in subsection 18(1) of the Act, it is a condition that either or both of the following is satisfied in relation to the import of a scheduled substance in a non‑refillable container:
(a)
the substance is imported for either of the following purposes:
(i)
calibration or testing purposes;
(ii)
laboratory or analytical purposes;
(b)
there is no practical alternative to importing the substance in a non‑refillable container.

4Publication of information about licences (Act s 22)

(1)
For section 22 of the Act, the Secretary may publish on the Department’s website details of licences granted, suspended, cancelled and surrendered.
(2)
The details that may be published about a licence are:
1. (a)
  the kind of licence; and
2. (b)
  the name of the licensee; and
3. (c)
  the conditions (if any) imposed on the licence; and
4. (d)
  the date on which the licence comes into force; and
5. (da)
  the date on which the suspension, cancellation or surrender of the licence takes effect; and
6. (db)
  for the suspension of a licence:
  1. (i)
    if the licence is suspended for a fixed period—the end of the period; and
  2. (ii)
    if the licensee must take actions for the suspension to end—the actions the licensee must take; and
7. (e)
  the date on which the licence expires.
(3)
The Secretary must ensure that the published details are updated as soon as practicable after any change and, in any event, at least every 6 months.

5Records to be kept by licensees

(1)
For the purposes of subsection 48(1) of the Act, a person who is, at any time in a month, a licensee must keep a record in writing of:
1. (a)
  the quantities of each scheduled substance manufactured, imported and exported by the person in the month; and
2. (b)
  in respect of each quantity of a scheduled substance that has been imported by the person in the month:
  1. (i)
    the date of importation; and
  2. (ii)
    the country of origin of the scheduled substance; and
  3. (iii)
    the full name and address of the person from whom the scheduled substance was imported; and
  4. (iv)
    the place at which the scheduled substance was discharged from the ship or aircraft on which the scheduled substance was carried; and
  5. (v)
    if the scheduled substance was imported on a ship—the name of the ship; and
  6. (vi)
    if the scheduled substance was imported on an aircraft—the flight number of the aircraft on which the scheduled substance was carried; and
  7. (vii)
    whether the scheduled substance was imported for use as feedstock; and
3. (c)
  in respect of each quantity of a scheduled substance that has been exported by the person in the month:
  1. (i)
    the date of exportation; and
  2. (ii)
    the country of destination of the scheduled substance; and
  3. (iii)
    the full name and address of the person to whom the scheduled substance was exported; and
  4. (iv)
    the place at which the scheduled substance was loaded on the ship or aircraft on which the scheduled substance was carried; and
  5. (v)
    if the scheduled substance was exported on a ship—the name of the ship; and
  6. (vi)
    if the scheduled substance was exported on an aircraft—the flight number of the flight on which the scheduled substance was carried; and
4. (d)
  in respect of each quantity of a scheduled substance that has been manufactured by the person in the month—whether the scheduled substance was manufactured for use as feedstock; and
5. (e)
  the quantity of each scheduled substance destroyed by the person in the month.
Penalty: 10 penalty units.
(2)
Records must be retained, on the licensee’s main business premises, for 5 years from the last day of the month to which the records relate.
Penalty: 10 penalty units.
(3)
An offence under subregulation (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

6AReview of decisions

Subject to the Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for a review of the following decisions:
(a)
a decision under subregulation 3C(2) to refuse to waive the fee for a controlled substances licence or a used substances licence;
(b)
a decision under subregulation 3C(3) to refuse to waive the fee for an essential uses licence;
(c)
a decision under subregulation 3C(4) to refuse to waive the fee for a controlled substances licence, a used substances licence or an essential uses licence;
(ca)
a decision under subregulation 3C(5) to refuse to waive the fee for an equipment licence;
(cb)
a decision under subregulation 3C(6) to refuse to waive the fee for a licence;
(d)
a decision under paragraph 3D(b) to refuse to waive the fee for a renewal of a licence.

Part 4AHFC quotasDivision 4A.1Preliminary40Simplified outline of this Part

This Part provides in relation to HFC quotas and reserve HFC quotas.
HFC quotas are allocated for each of 2 consecutive years at a time. A person is eligible for HFC quotas for the years if the person:
(a)
applies for quotas; and
(b)
holds an SGG licence for the years.
The quotas allocated for the 2 years are identical.
An HFC quota consists of grandfathered and non‑grandfathered quota. Grandfathered quota is allocated:
(a)
for 2018 and 2019—to applicants who engaged in licensed regulated HCFC or HFC activities during 2009 to 2014; and
(b)
for 2020 and 2021—to applicants who were allocated HFC quotas for 2018 and 2019; and
(c)
for later years—to applicants who were allocated grandfathered quota for earlier years.
The sizes of grandfathered quotas are worked out on the basis of the applicants’ past regulated HCFC and HFC activities and quotas.
Non‑grandfathered quota is allocated in accordance with a legislative instrument made by the Minister.
A holder of grandfathered quota may apply to retire some of the holder’s future entitlement to grandfathered quota. Retirement does not affect the amount of quota to which other licensees are entitled.
Reserve HFC quotas may be allocated for a calendar year. A person may apply for a reserve HFC quota for the calendar year if the person:
(a)
holds SGG licences that cover the calendar year and the previous calendar year; and
(b)
has been allocated an HFC quota for that previous calendar year.
The Minister may allocate a person a reserve HFC quota for the calendar year if:
(a)
the person applies for the quota; and
(b)
the person ordered one or more consignments of HFCs before 1 October of the previous calendar year; and
(c)
at the time the order was placed, it was reasonable to expect that the consignments would be imported in that previous calendar year; and
(d)
the delivery of the consignments was delayed, or is likely to be delayed, for reasons beyond the person’s control; and
(e)
the sum of the quantity of HFCs involved in the person’s regulated HFC activities for that previous calendar year and the quantity of HFCs in the consignments will not be more than the person’s HFC quota for that previous calendar year.

The size of any reserve HFC quota allocated by the Minister must not exceed the size of the delayed consignments.

41HFC quota allocation periods

(1)
An HFC quota allocation period is 2 years.
(2)
The first HFC quota allocation period starts on 1 January 2018.
(3)
Each HFC quota allocation period, except the first, starts at the end of the last preceding one.

Division 4A.2HFC industry limit42HFC industry limit

For the purposes of subsection 36A(1) of the Act, the HFC industry limit for a calendar year in an HFC quota allocation period mentioned in an item of the following table is the quantity of HFCs, expressed in CO2 e megatonnes, specified in that item.

Base HFC industry limits
Item	Column 1 HFC quota allocation period starting on 1 January …	Column 2 Quantity of HFCs, expressed in CO2e megatonnes
1	2018	8.000
2	2020	7.250
3	2022	6.250
4	2024	5.250
5	2026	4.250
6	2028	3.200
7	2030	2.900
8	2032	2.650
9	2034	2.100
10	in 2036 or a later year	1.607

Division 4A.3Applications, allocation and size of HFC quotasSubdivision 4A.3.1Purpose of this Division43Purpose of this Division

For the purposes of subsection 36C(1) of the Act, this Division provides in relation to:
(a)
a process for applying for HFC quotas, including who may apply; and
(b)
a process for the Minister to allocate HFC quotas for calendar years to SGG licensees; and
(c)
a process for the Minister to:
(i)
vary the size of HFC quotas; or
(ii)
cancel HFC quotas; and
(d)
the method for working out the size of HFC quotas.

Subdivision 4A.3.2Applications and allocation44Applying for HFC quotas

(1)
A person may apply for HFC quotas for both of the calendar years in an HFC quota allocation period if:
1. (a)
  the person holds an SGG licence that covers the period; or
2. (b)
  both:
  1. (i)
    the person has applied for such a licence; and
  2. (ii)
    the application has not been refused; or
3. (c)
  all of the following subparagraphs apply:
  1. (i)
    the person has applied for the renewal of an SGG licence;
  2. (ii)
    the application has not been refused;
  3. (iii)
    if the licence is renewed, the licence will cover the whole of the period.
Note: The Minister must consider the applications mentioned in paragraphs (b) and (c) before allocating HFC quotas: see subregulation (4). A person who does not hold an SGG licence that covers an HFC quota allocation period is not entitled to an amount of HFC quota for a year in that period: see Subdivision 4A.3.3.
(2)
The application must:
1. (a)
  be in the approved form; and
2. (b)
  be given to the Minister on or before:
  1. (i)
    if the HFC quota allocation period is the first HFC quota allocation period—the day determined under subregulation (3); or
  2. (ii)
    otherwise—31 August in the last year before the start of the HFC quota allocation period; and
3. (c)
  specify the calendar years to which the application relates; and
4. (d)
  state whether the applicant wishes to be allocated non‑grandfathered quota for the years.
(3)
The Minister must, by legislative instrument, determine the day on or before which applications for HFC quotas for the calendar years in the first HFC quota allocation period must be given.
Minister must determine licence applications before allocating quotas
(4)
If paragraph (1)(b) or (c) applies to any of the applicants for HFC quotas for the years in an HFC quota allocation period because the applicants have applied for SGG licences or for the renewal of SGG licences, the Minister must determine each of those applications under Part III of the Act by:
1. (a)
  issuing or renewing an SGG licence; or
2. (b)
  refusing the application;
before the Minister allocates any HFC quotas for the years.
(5)
Subregulation (4) has effect as if a reference in section 17 or 19AD of the Act to section 66 included a reference to that subregulation.

45Allocating HFC quotas for HFC quota periods

(1)
The Minister must, subject to subregulation 44(4), allocate an HFC quota for each of the calendar years in an HFC quota allocation period to a person if the person is entitled to amounts of grandfathered quota or non‑grandfathered quota for the years.
Note: For when a person is entitled to amounts of grandfathered quota or non‑grandfathered quota, see Subdivision 4A.3.3.
(2)
The Minister must determine the size of each HFC quota in accordance with regulation 47.
(3)
An HFC quota is allocated by written notice given to the person.
(4)
The notice must:
1. (a)
  specify the size of the HFC quota; and
2. (b)
  specify:
  1. (i)
    how much of the quota is an amount of grandfathered quota; and
  2. (ii)
    how much of the quota is an amount of non‑grandfathered quota; and
3. (c)
  specify the calendar year for which the quota is allocated.

Subdivision 4A.3.3Entitlement to, and size of, HFC quotas46Definitions

The following table defines the base period, grandfathered percentage and non‑grandfathered percentage for an HFC quota allocation period.

Definitions relating to HFC quota allocation periods
Item	Column 1 HFC quota allocation period	Column 2 Base period	Column 3 Grandfathered percentage	Column 4 Non‑grandfathered percentage
1	the first HFC quota allocation period	the 6 years starting on 1 January 2009	90%	10%
2	the second HFC quota allocation period	the 12 months starting on 1 January 2018	95%	5%
3	any other HFC quota allocation period	the 2 years starting 3 years before the start of the HFC quota allocation period	95%	5%

47Size of HFC quotas

The size of an HFC quota allocated to an SGG licensee for a calendar year is the total of any amounts of grandfathered quota and non‑grandfathered quota to which the person is entitled for the year.

48Grandfathered quota – first HFC quota allocation period

Entitlement
(1)
A person is entitled to an amount of grandfathered quota for each of 2018 and 2019 if:
(a)
the person applies in accordance with regulation 44 for HFC quotas for the years; and
(b)
the person holds an SGG licence that covers the whole of the first HFC quota allocation period; and
(c)
the person engaged in a licensed regulated HCFC activity or licensed regulated HFC activity at any time during 2009 to 2014.
Amount
(2)
The amount of grandfathered quota to which a person is entitled for 2018 or 2019 (the allocation year) is the amount worked out using the following formula:
where:
amount of licensed activities of a person means the sum of:
(a)
75% of the total quantity (including nil) of HCFCs, expressed in CO2 e megatonnes, involved in licensed regulated HCFC activities engaged in by the person during 2009 to 2014; and
(b)
the total quantity (including nil) of HFCs, expressed in CO2 e megatonnes, involved in licensed regulated HFC activities engaged in by the person during 2009 to 2014.
total amount of licensed activities means the sum of the amounts of licensed activities of each person who is entitled to grandfathered quota for the allocation year.
Importations of HCFCs in excess of HCFC quota disregarded
(3)
Subsection (4) applies if:
(a)
the total quantity (the year’s total) of HCFCs, expressed in ODP tonnes, involved in licensed regulated HCFC activities engaged in by a person during a calendar year in a quota period (within the meaning of section 23A of the Act); exceeds
(b)
half of the HCFC quota allocated to the person for the quota period.
(4)
For the purposes of paragraph (a) of the definition of amount of licensed activities in subregulation (2), the quantity of HCFCs, expressed in ODP tonnes, involved in a particular licensed regulated HCFC activity engaged in by the person during the year is taken to be the amount worked out using the following formula:
Exports of HFCs disregarded
(5)
For the purposes of paragraph (b) of the definition of amount of licensed activities in subregulation (2), any quantities of HFCs exported by a person during 2009 to 2014 are disregarded.
Note: Subsection 36B(2) of the Act reduces the quantity of HFCs that is taken to be involved in regulated HFC activities engaged in by an SGG licensee in a period by the quantity of HFCs exported by the licensee in the period.

49Grandfathered quota – second HFC quota allocation period

Entitlement
(1)
A person is entitled to an amount of grandfathered quota for each of 2020 and 2021 if:
(a)
the person applies in accordance with regulation 44 for HFC quotas for the years; and
(b)
the person holds an SGG licence that covers the whole of the second HFC quota allocation period; and
(c)
HFC quotas were allocated to the person for the calendar years in the first HFC quota allocation period.
Amount
(2)
The amount of grandfathered quota to which a person is entitled for 2020 or 2021 (the allocation year) is the amount worked out using the following formula:
where:
amount of licensed activities (grandfathered) of a person means the lesser of:
(a)
the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during 2018; and
(b)
the amount (including nil) of grandfathered quota included in the HFC quota allocated to the person for 2018.
amount of licensed activities (non‑grandfathered) of a person means the lesser of:
(a)
the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during 2018, reduced (but not below nil) by the amount of licensed activities (grandfathered) of the person; and
(b)
the amount (including nil) of non‑grandfathered quota included in the HFC quota allocated to the person for 2018.
total amount of licensed activities (grandfathered) means the sum of the amounts of licensed activities (grandfathered) of each person who is entitled to grandfathered quota for the allocation year.
total amount of licensed activities (non‑grandfathered) means the sum of the amounts of licensed activities (non‑grandfathered) of each person who is entitled to grandfathered quota for the allocation year.

50Grandfathered quota – later HFC quota allocation periods

Entitlement
(1)
A person is entitled to an amount of grandfathered quota for each of the calendar years in an HFC quota allocation period, other than the first or second HFC quota allocation period, if:
(a)
the person applies in accordance with regulation 44 for HFC quotas for the years; and
(b)
the person holds an SGG licence that covers the whole of the period; and
(c)
HFC quotas were allocated to the person for the calendar years in the previous HFC quota allocation period; and
(d)
those quotas included amounts of grandfathered quota.
Amount
(2)
The amount of grandfathered quota to which a person is entitled for a year (the allocation year) in an HFC quota allocation period, other than the first or second HFC quota allocation period, is the amount worked out using the following formula:
where:
amount of licensed activities of a person means the sum of the annual amounts of licensed activities of the person for the calendar years in the base period for the HFC quota allocation period.
annual amount of licensed activities of a person for a calendar year means:
(a)
for 2019—the amount applicable under subregulation (3) for the person; or
(b)
for 2020 or a later calendar year—the amount applicable under subregulation (4) for the person.
total amount of licensed activities means the sum of the amounts of licensed activities of each person who is entitled to grandfathered quota for the allocation year.

Annual amount of licensed activities—2019
(3)
For the purposes of paragraph (a) of the definition of annual amount of licensed activities in subregulation (2), the amount for a person for 2019 is the lesser of:
(a)
the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during the year; and
(b)
the amount of grandfathered quota included in the HFC quota allocated to the person for the year.
Annual amount of licensed activities—2020 and later calendar years
(4)
For the purposes of paragraph (b) of the definition of annual amount of licensed activities in subregulation (2), the amount for a person for 2020 or a later calendar year is:
(a)
unless paragraph (b) of this subregulation applies—the amount of grandfathered quota included in the HFC quota allocated to the person for the year; or
(b)
the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during the year, if that quantity is less than:
(i)
for 2020—75% of the amount mentioned in paragraph (a) of this subregulation; or
(ii)
for later calendar years—90% of the amount mentioned in paragraph (a) of this subregulation.
Annual amount of licensed activities—effect of allocation of reserve HFC quota
(5)
For the purposes of paragraph (4)(b), if:
(a)
the person is allocated reserved HFC quota for a calendar year (the current year) in respect of a consignment of HFCs ordered before 1 October of the previous calendar year (see paragraph 62(1)(b)); and
(b)
the consignment is imported in the current year;
then the consignment is taken to have been imported in the previous calendar year rather than the current year.

51Non‑grandfathered quota

Entitlement
(1)
A person is entitled to an amount of non‑grandfathered quota for each of the calendar years in an HFC quota allocation period if:
(a)
the person applies in accordance with regulation 44 for HFC quotas for the years; and
(b)
the application states, under paragraph 44(2)(d), that the person wishes to be allocated non‑grandfathered quota for the years; and
(c)
the person holds an SGG licence that covers the whole of the period; and
(d)
a determination under subregulation (4) of this regulation is in force in relation to the period; and
(e)
the person meets the requirements prescribed by the determination in relation to the year.
Amount
(2)
The amount of non‑grandfathered quota to which a person is entitled for a calendar year in an HFC quota allocation period is the amount worked out under the determination made under subregulation (4).
(3)
The sum of all the amounts of non‑grandfathered quota to which persons are entitled for a calendar year in an HFC quota allocation period must not exceed the amount worked out using the following formula:
Determination
(4)
The Minister may, by legislative instrument, determine the following in relation to an HFC quota allocation period:
(a)
requirements for a person to be entitled to an amount of non‑grandfathered quota for each of the calendar years in the period;
(b)
the amount, or the method for working out the amount, of non‑grandfathered quota to which a person is entitled for each of the years.
(5)
In making a determination under subregulation (4), the Minister:
(a)
must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and
(b)
may have regard to any other matters he or she thinks relevant.
(6)
A determination made under subregulation (4) may provide in relation to review of decisions made under the determination.

52Business succession

Requests
(1)
A person who engaged in a licensed regulated HCFC activity in the base period for the first HFC quota allocation period may request that:
(a)
the activity be taken to have been engaged in by another specified person; and
(b)
all or part of an HCFC quota allocated to the first person for the quota period (within the meaning of section 23A of the Act) in which the licensed regulated HCFC activity was engaged in be taken to have been:
(i)
allocated to the other person; and
(ii)
not allocated to the first person.
(2)
A person who engaged in a licensed regulated HFC activity in the base period for an HFC quota allocation period may request that:
(a)
the activity be taken to have been engaged in by another specified person; and
(b)
all or part of an HFC quota allocated to the first person for the calendar year in which the licensed regulated HFC activity was engaged in be taken to have been:
(i)
allocated to the other person; and
(ii)
not allocated to the first person.
(3)
A request under subregulation (1) or (2) must be:
(a)
in the approved form; and
(b)
given to the Minister before the day on or before which, under paragraph 44(2)(b), applications for HFC quotas for the calendar years in the HFC quota allocation period must be made.
(4)
If the Minister receives a request under subregulation (1) or (2) in accordance with subregulation (3), then, for the purposes of applying this Subdivision in allocating HFC quotas for the HFC quota allocation period mentioned in subregulation (1) or (2) (whichever is applicable) and later HFC quota allocation periods:
(a)
the activity specified in the request is taken to have been engaged in by the person specified in the request, rather than by the person who makes the request; and
(b)
all or part of the HCFC quota or HFC quota specified in the request is taken to have been allocated to the person specified in the request, rather than to the person who makes the request.
Variations and withdrawals
(5)
A person who makes a request under subregulation (1) or (2) may vary or withdraw it.
(6)
The variation or withdrawal must be:
(a)
in the approved form; and
(b)
given to the Minister no later than 30 days after the day mentioned in paragraph (3)(b).
Licence requirements
(7)
To avoid doubt, for the purposes of this Subdivision, an activity that a person is taken under subregulation (4) to have engaged in at a time is a licensed regulated HCFC activity or licensed regulated HFC activity even if the person did not actually hold at that time a controlled substances licence or SGG licence that allowed the activity.

53Transfer of HFC quotas

A transfer of an HFC quota under section 36F of the Act does not affect the relative proportions of any amounts of grandfathered quota and non‑grandfathered quota included in the HFC quota.

Subdivision 4A.3.4Correcting HFC quotas54Correcting HFC quotas

Varying size of HFC quotas
(1)
If, after an HFC quota is allocated to a person for a calendar year, the Minister becomes satisfied that the size of the quota is incorrect, the Minister must, by written notice given to the person, amend the size of the HFC quota to be the correct amount.
Note: For the correct size of an HFC quota, see regulation 47.
Example: The size of an HFC quota allocated to an SGG licensee for a year could be incorrect because another SGG licensee was incorrectly taken to be, or not to be, entitled to an amount of grandfathered quota or non‑grandfathered quota for the year.
(2)
An amendment of an HFC quota under subregulation (1) has effect from the start of the calendar year for which the quota was allocated.
Cancelling HFC quotas
(3)
If, after an HFC quota is allocated to a person for a calendar year, the Minister becomes satisfied that the person was not entitled to such a quota, the Minister must, by written notice given to the person, cancel the quota.
Note: For when a person is entitled to an HFC quota, see subregulation 45(1).
(4)
An HFC quota cancelled under subregulation (3) is taken never to have been in force and never to have been allocated.

Subdivision 4A.3.5Retiring HFC quota entitlements55Applying to retire quota entitlements

(1)
An SGG licensee may apply for the retirement of a specified percentage of the licensee’s entitlement to HFC quotas for calendar years occurring in or after a specified HFC quota allocation period (the retirement period) (other than the first HFC quota allocation period) if:
1. (a)
  the licensee has been allocated HFC quotas for the calendar years in the HFC quota allocation period occurring immediately before the retirement period; and
2. (b)
  if the retirement period occurs after the second HFC quota allocation period—the quotas mentioned in paragraph (a) include amounts of grandfathered quota.
(2)
The application must:
1. (a)
  be in writing; and
2. (b)
  be given to the Minister no later than 30 June before the start of the retirement period.

56Consultation before retiring quota entitlements

(1)
Before the Minister makes a decision on an application under regulation 55 to retire a percentage of an SGG licensee’s entitlement to HFC quotas for calendar years occurring in or after a specified HFC quota allocation period (the retirement period), the Minister must consult industry and the public about the application.
(2)
Without limiting the ways in which the Minister may comply with the obligation in subregulation (1), the Minister is taken to comply with that obligation if the Minister:
1. (a)
  on the Department’s website:
  1. (i)
    makes available the application for the retirement, or a description of the proposed retirement; and
  2. (ii)
    invites the public to comment on the proposed retirement; and
2. (b)
  notifies each SGG licensee (other than the applicant) to whom HFC quotas have been allocated for the calendar years in the HFC quota allocation occurring immediately before the retirement period:
  1. (i)
    that the application or description is available on the Department’s website; and
  2. (ii)
    that the SGG licensee is invited to comment on the proposed retirement; and
3. (c)
  does not make a decision on the application before the end of the 20 days starting on the day the Minister makes the application or description available under paragraph (a).
(3)
A failure to consult as required by subregulation (1) does not invalidate a decision under this Division.

57Retiring quota entitlements

(1)
If an SGG licensee applies under regulation 55 to retire a percentage of the licensee’s entitlement to HFC quotas for calendar years occurring in or after a specified HFC quota allocation period, the Minister must:
1. (a)
  by notifiable instrument, retire a specified percentage of the licensee’s entitlement to HFC quotas for those years; or
2. (b)
  refuse the application by written notice given to the applicant.
(2)
The percentage specified under paragraph (1)(a) must be:
1. (a)
  the percentage specified in the application; or
2. (b)
  a lesser percentage.
(3)
In deciding the application, the Minister:
1. (a)
  must have regard to the likely demand for HFC in Australia in those years; and
2. (b)
  must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and
3. (c)
  may have regard to any other matters he or she thinks relevant.

58Retiring quota entitlements – effects

(1)
This section applies if, under regulation 57, the Minister retires a percentage (the retirement percentage) of the entitlement of an SGG licensee (the applicant) to HFC quotas for calendar years occurring in or after a particular HFC quota allocation period (the retirement period).
Reduction in applicant’s HFC quotas
(2)
The amount of grandfathered quota (if any) to which the applicant is entitled for each of those years is:
1. (a)
  if the year occurs in the retirement period—reduced by the retirement percentage; or
2. (b)
  if the year occurs after the retirement period—reduced to equal the amount (the reduced maximum) worked out by reducing the maximum grandfathered quota for the year by the retirement percentage (if the amount of grandfathered quota would otherwise exceed the reduced maximum).
Note 1: For the maximum grandfathered quota, see subregulation (4).
Note 2: An amount of grandfathered quota that is reduced under this subregulation is not reallocated to another SGG licensee.
Retirement does not affect entitlements of other SGG licensees
(3)
In applying:
1. (a)
  the definitions of total amount of licensed activities (grandfathered) and total amount of licensed activities (non‑grandfathered) in subregulation 49(2); and
2. (b)
  the definition of total amount of licensed activities in subregulation 50(2);
for the purposes of allocating HFC quotas for calendar years in an HFC quota allocation period (the current period) occurring after the retirement period:
1. (c)
  the applicant is taken to have been allocated an HFC quota for each calendar year occurring in or after the retirement period (if the applicant was not actually allocated a quota for the year); and
2. (d)
  the applicant is taken to have been entitled to grandfathered quota for each calendar year occurring in or after the retirement period (if the applicant was not actually so entitled); and
3. (e)
  for each calendar year (the earlier year) occurring in or after the retirement period and in or before the base period for the current period, both:
  1. (i)
    the amount of grandfathered quota to which the applicant was entitled for the earlier year; and
  2. (ii)
    the total quantity of HFCs, expressed in CO2 e megatonnes, involved in licensed regulated HFC activities engaged in by the applicant during the earlier year;
are taken to equal the maximum grandfathered quota for the earlier year.
(4)
The maximum grandfathered quota for a calendar year (the current year) is the amount of grandfathered quota to which the applicant would be entitled for the current year if:
1. (a)
  the applicant were allocated an HFC quota each calendar year occurring in or after the retirement period; and
2. (b)
  the applicant were entitled to grandfathered quota for each calendar year occurring in or after the retirement period; and
3. (c)
  the amount of the grandfathered quota to which the applicant was entitled for each calendar year occurring in the retirement period were equal to the grandfathered quota to which the applicant would have been entitled for that year apart from paragraph (2)(a); and
4. (d)
  for each calendar year (the earlier year) occurring in or after the retirement period and in or before the base period for the current period, both:
  1. (i)
    the amount of grandfathered quota to which the applicant was entitled for the earlier year (unless the year occurs in the retirement period); and
  2. (ii)
    the total quantity of HFCs, expressed in CO2 e megatonnes, involved in licensed regulated HFC activities engaged in by the applicant during the earlier year;
were equal to the maximum grandfathered quota for the earlier year.

Division 4A.4Reserve HFC QuotasSubdivision 4A.4.1Purpose of this Division60Purpose of this Division

(1)
For the purposes of subsection 36G(2) of the Act, this Division provides in relation to:
1. (a)
  a process for applying for reserve HFC quotas for a calendar year, including who may apply; and
2. (b)
  a process for the Minister to allocate reserve HFC quotas for that calendar year to SGG licensees; and
3. (c)
  a process for the Minister to:
  1. (i)
    vary the size of reserve HFC quotas; or
  2. (ii)
    cancel reserve HFC quotas; and
4. (d)
  the method for working out the size of reserve HFC quotas for that calendar year.
(2)
For the purposes of subsection 36G(3) of the Act, this Division also prescribes the reserve HFC quota limit.

Subdivision 4A.4.2Applications and allocation61Applying for reserve HFC quota

(1)
A person may apply for a reserve HFC quota for a calendar year if:
1. (a)
  the person holds SGG licences that cover the calendar year and the previous calendar year; and
2. (b)
  the person has been allocated an HFC quota for the previous calendar year.
(2)
The application must:
1. (a)
  be in the approved form; and
2. (b)
  be given to the Minister on or before:
  1. (i)
    if, at the time the application is made, the person has not been allocated an HFC quota for the calendar year—1 December of the previous calendar year; or
  2. (ii)
    otherwise—31 January of the calendar year.

62Allocating reserve HFC quotas

(1)
The Minister may allocate a reserve HFC quota to a person for a calendar year if:
1. (a)
  the person applies in accordance with regulation 61 for a reserve HFC quota for the calendar year; and
2. (b)
  the Minister is satisfied that there are one or more consignments of HFCs in relation to which the following conditions are satisfied:
  1. (i)
    the person ordered the consignments before 1 October of the previous calendar year;
  2. (ii)
    at the time the order was placed, it was reasonable to expect that the consignments would be imported before the end of the previous calendar year;
  3. (iii)
    the importation of the consignments was, or is likely to be, delayed until the calendar year, for reasons outside of the person’s control; and
3. (c)
  the Minister is satisfied that the sum of the following will not be more than the person’s HFC quota for the previous calendar year:
  1. (i)
    the total quantity of HFCs, expressed in CO2 e megatonnes, involved in regulated HFC activities engaged in by the person during the previous calendar year;
  2. (ii)
    the total quantity of HFCs, expressed in CO2 e megatonnes, in the consignments covered by paragraph (1)(b) in relation to the person.
(2)
The size of a reserve HFC quota allocated to a person for the calendar year is the amount determined by the Minister, which must not exceed the quantity of HFCs, expressed in CO2 e megatonnes, in the consignments covered by paragraph (1)(b) in relation to the person.
Note: Subsection 36G(4) of the Act provides that the sum of the amounts of all reserve HFC quotas allocated for a calendar year (including any part of that year) must not be more than the reserve HFC quota limit for that year.
(3)
A reserve HFC quota is allocated by written notice given to the person.
(4)
The notice must:
1. (a)
  specify the size of the reserve HFC quota; and
2. (b)
  specify the calendar year for which the quota is allocated.

Subdivision 4A.4.3Correcting reserve HFC quotas63Correcting reserve HFC quotas

Varying size of reserve HFC quotas
(1)
If, after a reserve HFC quota is allocated to a person for a calendar year, the Minister becomes satisfied that the size of the quota is inappropriate, the Minister must, by written notice given to the person, vary the size of the reserve HFC quota.
Note: For the size of a reserve HFC quota, see subregulation 62(2) and subsection 36G(4) of the Act.
(2)
A variation of a reserve HFC quota under subregulation (1) has effect from the start of the calendar year.
Cancelling reserve HFC quotas
(3)
The Minister may, by written notice given to a person, cancel a reserve HFC quota allocated to the person for a calendar year if:
(a)
all of the consignments referred to in paragraph 62(1)(b), in respect of which the quota was allocated, were imported in the previous calendar year; or
(b)
the total quantity of HFCs, expressed in CO2 e megatonnes, involved in regulated HFC activities engaged in by the person during the previous calendar year equals or exceeds the person’s HFC quota for that previous calendar year.
(4)
A reserve HFC quota cancelled under subregulation (3) is taken never to have been in force and never to have been allocated.

Subdivision 4A.4.4Reserve HFC quota limit

64Reserve HFC quota limit

(1)
For the purposes of paragraph 36G(3)(b) of the Act, the reserve HFC quota limit for a calendar year is the amount worked out by reducing Australia’s HFC consumption limit for the calendar year by the HFC industry limit specified in regulation 42 for that calendar year.
(2)
For the purposes of subregulation (1), Australia’s HFC consumption limit for a calendar year is the amount worked out for Australia for the calendar year using the method set out in Article 2J(1) of the Montreal Protocol, as that method is in force when this subregulation commenced.

Part 6ADisposal and use of scheduled substances

Note 1: The numbers of the Parts in these Regulations correspond to those in the Act.
Note 2: Part 6 is intentionally not used and regulation numbers 81 to 99 (inclusive) are reserved for future use.

Division 6A.1Preliminary100Purpose of Part 6A

For section 45A of the Act, Part 6A imposes controls on:
(a)
the sale, purchase, and other acquisition or disposal of:
(i)
scheduled substances for refrigeration and air conditioning, and fire protection; and

(ii)
methyl bromide; and
(b)
the storage, use and handling of:
(i)
scheduled substances for refrigeration and air conditioning, and fire protection; and
(ii)
methyl bromide.

102Considerations in deciding whether someone is a fit and proper person to hold a permit

(1)
This regulation applies for the purposes of a decision‑maker deciding whether a person is a fit and proper person to hold a permit of one of the following kinds:
1. (a)
  an RAC industry permit under Division 6A.2;
2. (b)
  a feedstock permit under Division 6A.3;
3. (c)
  a fire protection industry permit under Division 6A.4.
Note: This affects what is information that is needed to make, or relevant to, such a decision, and so affects provisions about giving a decision‑maker such information, as well as affecting provisions about the decision‑maker being satisfied that the person is or is not a fit and proper person to hold the licence.
Decision relating to grant of the permit
(2)
If the decision relates to the grant of the permit, the decision‑maker must have regard to the following considerations:
1. (a)
  the considerations described in column 2 of item 1 of the table in subsection 13B(1) of the Act in relation to the person;
2. (b)
  any suspension or cancellation of another permit of the same kind held by the person;
3. (c)
  any contravention of a condition of another permit of the same kind held by the person.
Decision relating to cancellation or suspension of the permit
(3)
If the decision relates to the cancellation or suspension of the permit, the decision‑maker must have regard to the following considerations:
1. (a)
  the considerations described in column 2 of item 1 of the table in subsection 13B(1) of the Act in relation to the person;
2. (b)
  any earlier suspension of the permit;
3. (c)
  any contravention of a condition of the permit;
4. (d)
  any suspension or cancellation of another permit of the same kind held by the person;
5. (e)
  any contravention of a condition of another permit of the same kind held by the person.
Considerations for bodies corporate
(3A)
If the person is a body corporate, the Minister:
1. (a)
  must also have regard to each consideration in subregulation (2) and paragraphs (3)(a), (d) and (e) in relation to each person who is an executive officer of the body (whether or not the person was an executive officer of the body corporate at the time a matter occurs that relates to the consideration); and
2. (b)
  may also have regard to whether the body is a Chapter 5 body corporate within the meaning of the Corporations Act 2001.
This regulation does not limit considerations
(4)
This regulation does not limit matters that the decision‑maker may consider.
Spent conviction scheme not affected
(5)
This regulation does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Division 6A.2Refrigeration and air conditioningSubdivision 6A.2.1Preliminary110Definitions for Division 6A.2

In this Division:
AMSA certificate means a certificate of competency, issued under section 31 of the Navigation Act 2012, for any of the following:
(a)
an Engineer Class 1;
(b)
an Engineer Class 2;
(c)
an Engineer Watchkeeper.
AMSA vessel means a vessel:
(a)
to which the Navigation Act 2012 applies; or
(b)
that is taken to be a facility under clause 4 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
commercial stand‑alone refrigeration equipment means refrigeration equipment that:
(a)
is designed primarily for commercial use; and
(b)
is designed not to be permanently connected to the power supply of the premises where it is installed; and
(c)
does not require the installation of pipework to enable the movement of refrigerant.
domestic refrigeration or air conditioning equipment means refrigeration or air conditioning equipment that:
(a)
is designed primarily for household use; and
(b)
is designed not to be permanently connected to the power supply of the premises where it is installed; and
(c)
does not require the installation of pipework to enable the movement of refrigerant.
Note: This definition does not cover split system air conditioners.
halon special permit means a permit granted under regulation 150.
RAC equipment (or refrigeration and air conditioning equipment) means equipment, used for the cooling or heating of anything, that uses any or all of CFC, HCFC, HFC, PFC and halon.
RAC equipment manufacturing authorisation means an authorisation granted under paragraph 140(1)(b).
RAC Industry Board means a body appointed under paragraph 120(2)(a).
RAC industry permit means any of the following:
(a)
a refrigerant handling licence;
(b)
a refrigerant trading authorisation;
(c)
an RAC equipment manufacturing authorisation;
(d)
a halon special permit;
(e)
a restricted refrigerant trading authorisation;
(f)
a special circumstances exemption.
RAC industry powers and functions means the powers and functions given to the Minister by subregulation 120(1).
refrigerant means any or all of CFC, HCFC, HFC, PFC and halon that is, or has been, used in RAC equipment.
refrigerant destruction facility means a facility that a person is approved to operate under regulation 114.
refrigerant handling licence means a licence granted under Subdivision 6A.2.2.
refrigerant trading authorisation means an authorisation granted under paragraph 140(1)(a).
relevant authority, in relation to an RAC industry permit, or an application for a permit, means:
(a)
the relevant Board; or
(b)
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.
restricted refrigerant trading authorisation means an authorisation granted under paragraph 140(1)(c).
special circumstances exemption has the meaning given by regulation 151.

111Carrying out work in relation to RAC equipment

(1)
A person contravenes this subregulation if the person carries out work in relation to RAC equipment and the person is not:
1. (a)
  both:
  1. (i)
    the holder of a refrigerant handling licence; and
  2. (ii)
    entitled under the licence to carry out the work; or
2. (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
3. (c)
  both:
  1. (i)
    the holder of a special circumstances exemption; and
  2. (ii)
    entitled under the exemption to carry out the work; or
4. (ca)
  both:
  1. (i)
    an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to carry out the work; and
  2. (ii)
    a person that holds the relevant qualifications or has the relevant experience specified in the exemption; or
5. (d)
  both:
  1. (i)
    the holder of an AMSA certificate; and
  2. (ii)
    required to carry out the work on an AMSA vessel as part of his or her duties on the vessel.
(2)
For subregulation (1), carries out work in relation to RAC equipment means doing anything with a refrigerant, or a component of RAC equipment, that involves a risk of refrigerant being emitted, including:
1. (a)
  decanting the refrigerant; and
2. (b)
  manufacturing, installing, commissioning, servicing and maintaining RAC equipment, whether or not refrigerant is present; and
3. (c)
  decommissioning RAC equipment in which refrigerant is present.
Strict liability offence
(3)
A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Civil penalty provision
(4)
A person is liable to a civil penalty if the person contravenes subregulation (1).
Civil penalty: 60 penalty units.

111AProhibited refrigerant charging

(1)
A person contravenes this subregulation if the person engages in prohibited refrigerant charging.
Strict liability offence
(2)
A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Civil penalty provision
(3)
A person is liable to a civil penalty if the person contravenes subregulation (1).
Civil penalty: 60 penalty units.

112Possessing or trading in refrigerant

(1)
In this regulation:
bulk refrigerant means refrigerant other than halon, but does not include refrigerant that is contained in RAC equipment.
(2)
A person must not acquire, possess, or dispose of bulk refrigerant unless the person is:
1. (a)
  the holder of a refrigerant trading authorisation or an RAC equipment manufacturing authorisation; or
2. (b)
  the operator of a refrigerant destruction facility; or
3. (c)
  approved to conduct a trial of a facility under regulation 115; or
4. (d)
  both:
  1. (i)
    the holder of a special circumstances exemption; and
  2. (ii)
    entitled under the exemption to acquire, possess or dispose of bulk refrigerant; or
5. (e)
  both:
  1. (i)
    an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to acquire, possess or dispose of bulk refrigerant; and
  2. (ii)
    a person that holds the relevant qualifications or has the relevant experience specified in the exemption.
(3)
Subregulation (2) does not apply to a person if the person, as soon as practicable after becoming aware that the person possessed bulk refrigerant, gave it to:
1. (a)
  the holder of a refrigerant trading authorisation; or
2. (b)
  the operator of a refrigerant destruction facility; or
3. (c)
  the holder of a special circumstances exemption that entitles the holder to acquire, possess or dispose of bulk refrigerant.
Note 1: A person who wishes to rely on this subregulation bears an evidential burden in relation to the matter in this subregulation. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
Note 2: For guidance on locating holders of refrigerant trading authorisations, see liability offence
(4)
A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Civil penalty provision
(5)
A person is liable to a civil penalty if the person contravenes subregulation (2).
Civil penalty: 60 penalty units.

113Possessing halon

(1)
A person must not possess halon that is, or has been, for use in RAC equipment, unless the person is:
1. (a)
  the holder of a halon special permit; or
2. (b)
  the operator of a refrigerant destruction facility; or
3. (c)
  approved to conduct a trial of a facility under regulation 115; or
4. (d)
  both:
  1. (i)
    the holder of a special circumstances exemption; and
  2. (ii)
    entitled under the exemption to possess halon; or
5. (e)
  both:
  1. (i)
    an employee or contractor of the holder of a special circumstances exemption that entitles the holder of the exemption to possess halon; and
  2. (ii)
    a person that holds the relevant qualifications or has the relevant experience specified in the exemption.
(2)
Subregulation (1) does not apply to a person if the person:
1. (a)
  in the case of a person who is the holder of an extinguishing agent trading authorisation—acquired the halon for transfer to an extinguishing agent destruction facility; or
2. (b)
  as soon as practicable after becoming aware that the person possessed halon, gave it to:
  1. (i)
    the operator of a refrigerant destruction facility; or
  2. (ii)
    the holder of a special circumstances exemption that entitles the holder to possess halon.
Note: A person who wishes to rely on this subregulation bears an evidential burden in relation to the matter in this subregulation. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
Strict liability offence
(3)
A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Civil penalty provision
(4)
A person is liable to a civil penalty if the person contravenes subregulation (1).
Civil penalty: 60 penalty units.

113AFalse representations

(1)
A person contravenes this subregulation 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, or has not engaged, a person who holds a refrigerant handling licence for work of the kind that is necessary to provide the service.
(2)
Subregulation (1) does not apply to a person if:
1. (a)
  both of the following apply:
  1. (i)
    at the time of making the representation, the person has entered into an agreement (however described) with someone else to provide the service;
  2. (ii)
    the agreement contains a provision to the effect that the service must be provided by the holder of an RAC industry permit that entitles the holder to provide the service; or
2. (b)
  both of the following apply:
  1. (i)
    at the time of making the representation, the person is an employee or contractor of the holder of a special circumstances exemption;
  2. (ii)
    the representation made by the person is for an activity covered by the exemption.
Note: A person who wishes to rely on this subregulation bears an evidential burden in relation to the matter in this subregulation. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
(3)
A person contravenes this subregulation 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.
(4)
A person contravenes this subregulation if:
1. (a)
  the person is employed to work on an AMSA vessel; and
2. (b)
  the person makes a representation that the person holds an AMSA certificate; and
3. (c)
  at the time of making the representation, the person does not hold an AMSA certificate.
Strict liability offence
(5)
A person commits an offence of strict liability if the person contravenes subregulation (1), (3) or (4).
Penalty: 50 penalty units.
Civil penalty provision
(6)
A person is liable to a civil penalty if the person contravenes subregulation (1), (3) or (4).
Civil penalty: 60 penalty units.

113BUse of HCFC manufactured or imported on or after 1 January 2020

(1)
For the purposes of paragraph 45C(1)(c) of the Act, an HCFC that was manufactured or imported on or after 1 January 2020 may be used for the purpose of servicingRAC equipment.
(2)
Subregulation (1) does not apply if the RAC equipment was manufactured or imported on or after 1 January 2020.

114Refrigerant destruction facilities

(1)
The Minister may, on application, give approval in writing for a person to operate a refrigerant destruction facility.
(2)
An application must be in writing and must include:
1. (a)
  the name and address of the applicant; and
2. (b)
  the address of the facility; and
3. (c)
  enough information about the facility to enable the Minister to decide the application; and
4. (d)
  if the facility was the subject of a trial under regulation 115—information about the results of the trial.
(3)
The Minister may approve a person to operate a facility only if the Minister is satisfied that the facility is able to operate in a way that is consistent with Australia’s obligations under the Montreal Protocol.
(4)
The Minister may at any time impose, or vary, conditions in writing on the approval of a person to operate a facility.

115Trial of facility for destroying refrigerant

(1)
The Minister may, on application, give approval in writing for a person to conduct a trial of a facility to determine whether the facility is able to operate in a way that is consistent with Australia’s obligations under the Montreal Protocol when destroying refrigerant.
(2) An application must be in writing and must include:
1. (a)
  the name and address of the applicant; and
2. (b)
  the address of the facility; and
3. (c)
  enough information about the facility to enable the Minister to decide the application.
(3)
The Minister may at any time impose, or vary, conditions in writing on the approval of a person to conduct a trial, including conditions relating to the following:
1. (a)
  when the trial may be conducted;
2. (b)
  the volume of SGGs or ODSs that may be destroyed in the trial;
3. (c)
  the reporting and monitoring requirements that must be complied with in relation to the trial.
(4)
In this regulation:
ODS has the meaning given by section 65A of the Act.

Subdivision 6A.2.1ARAC industry permits

Note: Regulation numbers 116 to 119 (inclusive) are intentionally not used.

120Minister’s powers and functions

(1)
The Minister has the following powers and functions:
1. (a)
  to receive applications for RAC industry permits;
2. (b)
  to collect, on behalf of the Commonwealth, the fees that are payable for those applications;
3. (ba)
  refund application fees in accordance with regulation 121B;
4. (c)
  to grant RAC industry permits;
5. (d)
  to collect information:
  1. (i)
    supplied by applicants for industry permits; and
  2. (ii)
    supplied in response to any request made under paragraphs 141(1)(b) and (n);
6. (e)
  to publish the information mentioned in paragraph (d) in a way that does not:
  1. (i)
    allow any person to be identified, except as provided for in paragraph (ea); or
  2. (ii)
    disclose confidential information;
7. (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;
  4. (iv)
    except for the holder of a refrigerant handling licence—the address and phone number of the holder of the permit;
8. (f)
  to inspect, with the occupier’s permission, premises used for activities conducted under an RAC industry permit.
(2)
The Minister may, in writing:
1. (a)
  appoint 1 or more bodies that are incorporated under the Corporations Act 2001, as RAC Industry Boards; and
2. (b)
  specify that an appointment is subject to a condition or conditions set out in the instrument of appointment; and
3. (c)
  authorise the Board or Boards to exercise any or all of the Minister’s RAC industry powers and functions in relation to:
  1. (i)
    the refrigeration and air conditioning industry; or
  2. (ii)
    1 or more specified sectors of the industry.

121Applications for RAC industry permits – general

(1)
An application for an RAC industry permit must:
1. (a)
  be made to an appropriate relevant authority under regulation 121A; and
2. (b)
  be in the approved form; and
3. (c)
  be accompanied by the fee (if any) prescribed for the particular kind of permit; and
4. (d)
  be accompanied by any information or documents required by the form.
Note 1: Application fees for Part 6A are set out in Division 6A.4A.
Note 2: The Minister may approve different forms for different RAC Industry permits.
(1B)
If:
1. (a)
  the applicant holds an RAC industry permit (the current permit) at the time the application is made; and
2. (b)
  the current permit and the permit for which the application is made are the same type of RAC industry permit; and
3. (c)
  the application is made no later than 30 days before the current permit ceases to be in force;
then, instead of the information or documents required to accompany the form, the application may include:
1. (d)
  if there has been a change in relation to the information or documents since the application for the current permit was made—evidence of the change; or
2. (e)
  confirmation that there has been no change in relation to the information or documents since the application for the current permit was made.
(1C)
Without limiting the information a relevant authority may take into account in deciding whether to grant an RAC industry permit, if subregulation (1B) applies in relation to the application for the permit, the relevant authority may take into account any information previously provided by the applicant.
(1D)
The relevant authority may, in writing, ask the applicant to give the authority additional information or documents relevant to the application.
(2)
If an applicant has not:
1. (a)
  provided all of the information and documents required under subregulation (1); or
2. (b)
  given any consent that has been requested for the disclosure to the relevant authority of personal information that is relevant to whether the applicant is a fit and proper person to hold the permit;

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ad 2004 No 381

rs 2005 No 71; F2018L01730

r 202..........................................

ad 2004 No 381

rep F2023L00752

Subdivision 6A.3.2

Subdivision 6A.3.2......................

am F2018L01730

r 210..........................................

ad 2004 No 381

rep F2018L01730

r 211..........................................

ad 2004 No 381

rs 2005 No 254; 2006 No 312

rep F2018L01730

r 212..........................................

ad 2004 No 381

am 2005 No 254

rs F2018L01730

am F2024L00730

r 213..........................................

ad 2004 No 381

rs 2005 No 254

am 2006 No 312; 2007 No 335; 2008 No 136; 2009 No 171; 2010 No 64; 2011 No 256; 2012 No 261; No 265, 2013; No 154, 2014; No 181, 2015; F2016L01933; F2017L01366

rs F2018L01730

am F2024L00730

r 214..........................................

ad 2005 No 71

rs F2018L01730

am F2024L00730

r 215..........................................

ad 2005 No 71

rs F2018L01730

am F2024L00730

Subdivision 6A.3.2A

Subdivision 6A.3.2A...................

ad 2007 No 217

r 216..........................................

ad 2007 No 217

am F2018L01730; F2023L00752

Subdivision 6A.3.3

Subdivision 6A.3.3......................

am No 71, 2005; No 217, 2007

r 220..........................................

ad 2004 No 381

am 2005 No 71; 2007 No 217; F2018L01730; F2024L00730

r 221..........................................

ad 2004 No 381

am 2005 No 71; 2007 No 217; 2009 No 171; F2018L01730; F2023L00752; F2024L00730

r 222..........................................

ad No 381, 2004

am No 71, 2005; No 217, 2007; No 171, 2009; F2017L00964

rep F2018L01730

r 223..........................................

ad No 71, 2005

am No 217, 2007; No 4, 2009

ed C34

am F2018L01730; F2024L00730

Subdivision 6A.3.4

Subdivision 6A.3.4......................

am 2005 No 71

r 230..........................................

ad No 381, 2004

am No 71, 2005; F2018L01730; F2019L01675; F2024L00730

r 231..........................................

ad No 381, 2004

am No 254, 2005; F2018L01730; F2019L01675; F2023L00752; F2024L00730

r 232..........................................

ad No 381, 2004

am No 71, 2005

rep F2018L01730

ad F2019L01675

am F2023L00752; F2024L00730

r 233..........................................

ad 2005 No 71

am F2024L00730

Subdivision 6A.3.4A

Subdivision 6A.3.4A...................

ad F2018L01730

r 234..........................................

ad F2018L01730

r 235..........................................

ad F2018L01730

am F2019L01675

r 236..........................................

ad F2018L01730

r 237..........................................

ad F2018L01730

am F2019L01675

r 238..........................................

ad F2018L01730

am F2019L01675; F2024L01299

Subdivision 6A.3.5

Subdivision 6A.3.5......................

ad 2005 No 71

am F2018L01730

r 240..........................................

ad 2005 No 71

r 241..........................................

ad 2005 No 71

am 2008 No 136; 2009 No 4

r 242..........................................

ad 2005 No 71

am 2008 No 136; F2018L01730

r 243..........................................

ad 2005 No 71

am 2008 No 136

rep No 265, 2013

r 244..........................................

ad 2005 No 71

am 2008 No 136

r 245..........................................

ad No 71, 2005

am No 136, 2008; F2024L01299

r 246..........................................

ad No 136, 2008

rep F2017L00964

Division 6A.4

Division 6A.4.............................

ad 2005 No 71

Subdivision 6A.4.1

r 301..........................................

ad 2005 No 71

am No 123, 2013; F2018L01730

ed C38

am F2022L01691

r 302..........................................

ad 2005 No 71

am 2007 No 217; 2009 No 4; 2010 No 64; No 265, 2013; F2018L01730; F2022L01691; F2024L00730

r 303..........................................

ad 2005 No 71

am No 123, 2013; F2018L01730; F2022L01691; F2024L00730

r 303A.......................................

ad F2019L01675

rs F2024L00730

r 304..........................................

ad 2005 No 71

am 2005 No 254; No 123, 2013; F2018L01730; F2022L01691; F2024L00730

r 304A.......................................

ad F2018L01730

am F2022L01691; F2024L00730

r 305..........................................

ad 2005 No 71

am F2018L01730; F2023L00752

r 305A.......................................

ad F2019L01675

am F2023L00752

r 306..........................................

ad 2005 No 71

am 2012 No 260; No 123, 2013

r 307..........................................

ad No 123, 2013

Subdivision 6A.4.1A

Subdivision 6A.4.1A...................

ad F2018L01730

r 307A.......................................

ad F2018L01730

Subdivision 6A.4.2

Subdivision 6A.4.2......................

am No 123, 2013

r 311..........................................

ad No 71, 2005

am No 4, 2009; F2018L01730; F2019L01675

r 312..........................................

ad 2005 No 71

rs F2018L01730

r 313..........................................

ad No 71, 2005

rs No 217, 2007

am No 4, 2009; No 64, 2010; No 260, 2012; F2017L00964; F2017L01366; F2018L01730; F2019L01675

r 313A.......................................

ad F2019L01675

Subdivision 6A.4.2A

Subdivision 6A.4.2A heading.......

ad F2018L01730

r 314..........................................

ad 2005 No 71

rs No 265, 2013

am F2018L01730

r 314A.......................................

ad F2017L01366

am F2018L01730

r 315..........................................

ad No 71, 2005

am No 136, 2008; No 64, 2010; F2017L00964; F2018L01730; F2019L01675

r 316..........................................

ad No 71, 2005

am No 64, 2010; F2018L01730; F2019L01675; F2022L01691

r 317..........................................

ad No 71, 2005

am F2018L01730; F2024L01299

r 318..........................................

ad 2005 No 71

am F2018L01730

r 319..........................................

ad 2005 No 71

am F2018L01730

Subdivision 6A.4.3

r 321..........................................

ad 2005 No 71

am 2012 No 260; 2010 No 64; F2017L01366; F2018L01730

r 322..........................................

ad No 71, 2005

rs No 217, 2007

am No 335, 2007; F2018L01730; F2024L00730

r 323..........................................

ad 2005 No 71

am F2018L01730

r 324..........................................

ad 2005 No 71

rs 2007 No 217

am F2018L01730

r 325..........................................

ad 2005 No 71

am F2018L01730

r 326..........................................

ad No 71, 2005

am No 217, 2007; F2017L00964; F2018L01730; F2019L01675; F2024L00730

r 327..........................................

ad No 71, 2005

rep No 64, 2010

ad F2020L01029

rs F2024L00730

Subdivision 6A.4.4

r 331..........................................

ad No 71, 2005

am No 217, 2007; No 64, 2010; No 260, 2012

ed C34

am F2017L01366; F2018L01730

r 332..........................................

ad No 71, 2005

am F2018L01730; F2019L01675

r 333..........................................

ad No 71, 2005

rep No 64, 2010

ad F2020L01029

rs F2024L00730

Subdivision 6A.4.5

Subdivision 6A.4.5 heading..........

rs F2018L01730

r 341..........................................

ad No 71, 2005

am No 64, 2010; No 260, 2012; F2017L01366; F2018L01730; F2020L01029; F2024L00730

Subdivision 6A.4.6

Subdivision 6A.4.6 heading..........

ad F2018L01730

r 342..........................................

ad No 71, 2005

am No 217, 2007; No 260, 2012; F2018L01730; F2020L01029; F2022L01691

r 342A.......................................

ad F2022L01691

r 342B........................................

ad F2022L01691

r 342C........................................

ad F2022L01691

r 342D.......................................

ad F2022L01691

am F2024L00730

Division 6A.4A

Division 6A.4A...........................

am 2012 No 260

r 343..........................................

ad No 260, 2012

am F2017L00964

rs F2018L00094

r 344..........................................

ad 2012 No 260

am F2017L01366

rs F2018L00094

r 345..........................................

ad No 260, 2012

am F2024L00730

r 346..........................................

ad 2012 No 260

am F2018L00094; F2023L00752

Division 6A.5

Division 6A.5.............................

ad 2007 No 217

r 400..........................................

ad 2007 No 217

am No 123, 2013; F2018L01730; F2023L00752

Division 6A.6

Division 6A.6.............................

ad 2007 No 217

r 500..........................................

ad No 217, 2007

am F2018L01730; F2020L01029; F2023L00752

Division 6A.7

Division 6A.7.............................

ad F2020L01029

r 600..........................................

ad F2020L01029

am F2023L00752

Part 7

Part 7.........................................

ad No 296, 2004

r 900..........................................

ad No 296, 2004

am No 90, 2005

rs No 110, 2012

am F2017L00964; F2023L00752

r 900A.......................................

ad No 154, 2014

rep F2017L00964

r 901..........................................

ad No 296, 2004

am No 90, 2005; No 64, 2010

rs No 110, 2012

am No 147, 2013; No 154, 2014

rep F2017L00964

r 902..........................................

ad No 154, 2014

rep F2017L00964

Part 8.........................................

ad No 265, 2013

rep F2023L00752

r 906..........................................

ad No 265, 2013

am F2018L01730

rep F2023L00752

r 906A.......................................

ad F2018L01730

am F2019L01675; F2020L01029

rep F2023L00752

r 907..........................................

ad No 265, 2013

rep F2023L00752

r 908..........................................

ad No 265, 2013

rep F2023L00752

r 909..........................................

ad No 265, 2013

rep F2023L00752

r 910..........................................

ad No 265, 2013

rep F2023L00752

r 911..........................................

ad No 265, 2013

rep F2023L00752

r 912..........................................

ad No 265, 2013

rep F2023L00752

Part 9

Part 9.........................................

ad 2012 No 110

am F2023L00752

Division 9.1................................

ad F2019L01675

rep F2023L00752

r 913..........................................

ad No 265, 2013

rep F2017L00964

ad F2019L01675

rep F2023L00752

r 914..........................................

ad F2019L01675

rep F2023L00752

r 915..........................................

ad F2019L01675

rep F2023L00752

Division 9.2 heading....................

ad F2019L01675

rep F2023L00752

r 916..........................................

ad F2017L00964

rep F2023L00752

r 918..........................................

ad F2017L00964

r 920..........................................

ad 2012 No 110

rep F2018L01730

r 921..........................................

ad 2012 No 110

rep F2018L01730

r 922..........................................

ad 2012 No 110

rep F2018L01730

Part 10

Part 10.......................................

ad No 265, 2013

Division 1

r 950..........................................

ad No 265, 2013

rep F2018L01730

r 951..........................................

ad No 265, 2013

rep F2018L01730

r 952..........................................

ad No 265, 2013

r 953..........................................

ad No 265, 2013

rep F2018L01730

r 954..........................................

ad No 265, 2013

r 955..........................................

ad No 265, 2013

rep F2018L01730

Division 2

Division 2..................................

ad F2017L00964

r 956..........................................

ad F2017L00964

r 957..........................................

ad F2017L00964

r 958..........................................

ad F2017L00964

Division 3

Division 3..................................

ad F2017L01366

r 959..........................................

ad F2017L01366

r 960..........................................

ad F2017L01366

Division 4

Division 4..................................

ad F2018L00094

r 961..........................................

ad F2018L00094

Division 5

Division 5..................................

ad F2018L01730

r 962..........................................

ad F2018L01730

r 963..........................................

ad F2018L01730

r 964..........................................

ad F2018L01730

r 965..........................................

ad F2018L01730

r 966..........................................

ad F2018L01730

r 967..........................................

ad F2018L01730

Division 6

Division 6..................................

ad F2019L01675

r 968..........................................

ad F2019L01675

r 969..........................................

ad F2019L01675

r 970..........................................

ad F2019L01675

r 971..........................................

ad F2019L01675

r 972..........................................

ad F2019L01675

Division 7

Division 7..................................

ad F2020L01029

r 973..........................................

ad F2020L01029

Division 8

Division 8..................................

ad F2022L01691

r 974..........................................

ad F2022L01691

r 975..........................................

ad F2022L01691

r 976..........................................

ad F2022L01691

r 977..........................................

ad F2022L01691

r 978..........................................

ad F2022L01691

Division 9

Division 9..................................

ad F2023L00752

r 979..........................................

ad F2023L00752

r 980..........................................

ad F2023L00752

r 981..........................................

ad F2023L00752

r 982..........................................

ad F2023L00752

r 983..........................................

ad F2023L00752

r 984..........................................

ad F2023L00752

Division 10

Division 10.................................

ad F2024L00730

r 985..........................................

ad F2024L00730

r 986..........................................

ad F2024L00730

Schedule....................................

rep No 16, 2004