Ozone Protection (Product Control) Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 49 1

__________________

Ozone Protection (Product Control) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Ozone Protection Act 1989.

 Dated 15 April 1993.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

R. KELLY

Minister for the Environment, Sport and Territories

____________

1.    Amendment

1.1   The Ozone Protection (Product Control) Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1   Insert the following definition:

“‘refrigerated clip on unit’ means a refrigeration unit that can be attached to an insulated container where the container does not have an integrated refrigeration system.”.

3.   Regulation 4 (Rigid polyurethane foam product)

3.1   Subregulation 4 (1):

Omit all the words from and including “Penalty”, substitute:

“Penalty: 10 penalty units.”.

3.2   Subregulation 4 (2):

Omit all the words from and including “Penalty”, substitute:

“Penalty: 10 penalty units.”.

4.   Regulation 5 (Moulded flexible polyurethane foam)

4.1   Subregulation 5 (1):

Omit all the words from and including “Penalty”, substitute:

“Penalty: 10 penalty units.”.

4.2   Subregulation 5 (2):

Omit all the words from and including “Penalty”, substitute:

“Penalty: 10 penalty units.”.

5.    New Regulations 6, 7 and 8 and Schedule

5.1 Add at the end:

Disposable containers of refrigerants

“6.

(1) A person to whom Part V of the Act applies must not manufacture or import a product consisting wholly or partly of a non-refillable container if:

• (a)

  the product contains a CFC; and

• (b)

  the product is designed for use in the maintenance of refrigerative units (including air conditioning units).

Penalty: 10 penalty units.

“(2)

A person must not, in the course of engaging in an activity to which Part V of the Act applies, manufacture or import a product consisting wholly or partly of a non-refillable container if:

• (a)

  the product contains a CFC; and

• (b)

  the product is designed for use in the maintenance of refrigerative units (including air conditioning units).

Penalty: 10 penalty units.

“(3)

Subregulation (2) does not impose any obligation on a person who is not a person to whom Part V of the Act applies except to the extent that the person is engaging in an activity to which the Part applies.

Refrigeration and air conditioning equipment

“7.

(1) Except as provided in subregulations (3) and (4), a person to whom Part V of the Act applies must not manufacture or import refrigeration or air conditioning equipment that is intended to be used for commercial or industrial purposes if:

• (a)

  the equipment is charged with a CFC refrigerant; or

• (b)

  the equipment may only operate by using a CFC refrigerant.

Penalty: 10 penalty units.

“(2)

Except as provided in subregulations (3) and (4), a person must not, in the course of engaging in an activity to which Part V of the Act applies, manufacture or import refrigeration or air conditioning equipment that is intended to be used for commercial or industrial purposes if:

• (a)

  the equipment is charged with a CFC refrigerant; or

• (b)

  the equipment may only operate by using a CFC refrigerant.

Penalty: 10 penalty units.

“(3)

Subregulations (1) and (2) do not apply until 1 January 1994 to equipment specified in Column 2 of the Schedule.

“(4)

Subregulations (1) and (2) do not apply to refrigerated transport containers (including insulated shipping containers and air freight containers to which refrigerated clip on units are attached).

“(5)

Subregulation (2) does not impose any obligation on a person who is not a person to whom Part V of the Act applies except to the extent that the person is engaging in an activity to which the Part applies.

“SCHEDULE

Regulation 7

Column 1

Item No.

Column 2

Equipment

1

refrigerated laboratory incubator shakers intended for incubation of biological samples used for research and medical purposes

2

refrigerated laboratory centrifuges intended for research, medical and general laboratory purposes

3

refrigerated laboratory water baths intended to control the temperature of samples used for research, medical and general laboratory purposes

4

refrigeration equipment manufactured integrally with laboratory freeze dryers vacuum vapour traps and liquid coolers for use in medical and general laboratories

5

refrigerated water coolers used in conjunction with isoperibol bomb calorimeters for the measurements of the energy content of coal and other materials

6

refrigerated samplers intended for the automatic sampling of water, from water supplies, rivers or sewers, for environmental monitoring purposes

SCHEDULE—continued

Column 1

Item No.

Column 2

Equipment

7

refrigeration equipment that is designed to normally operate below –15 degrees Celsius

8

equipment designed and used solely with the refrigerant known as R502

9

small water coolers”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 April 1993.

2. Statutory Rules 1990 No. 283.