Ozone Protection (Product Control) Regulations (Cth)

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS
- In force under the Ozone Protection Act 1989
- Updated as at 20 December 1993 (HISTREG CHAP 596 #DATE 20:12:1993)

*1* The Ozone Protection (Product Control) Regulations (in force under the Ozone Protection Act 1989) as shown in this reprint comprise Statutory Rules 1990 No. 283 amended as indicated in the Tables below.

Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1990 No. 283 6 Sept 1990 R. 4: 1 Jan 1991
R. 5: 1 Jan 1992
Remainder: 6 Sept 1990
1993 No. 49 21 Apr 1993 21 Apr 1993 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Rr. 3-5 am. 1993 No. 49
Rr. 6-8 ad. 1993 No. 49
Schedule ad. 1993 No. 49

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - TABLE OF PROVISIONS 
TABLE

                 TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Commencement

    3.    Interpretation

    4.    Rigid polyurethane foam product

    5.    Moulded flexible polyurethane foam

    6.    Disposable containers of refrigerants

    7.    Refrigeration and air conditioning equipment

                      SCHEDULE

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - REG 1 
Citation 


  1. These Regulations may be cited as the Ozone Protection (Product Control)
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - REG 2 
Commencement 


  2. (1) Regulation 4 commences on 1 January 1991.
  (2) Regulation 5 commences on 1 January 1992.

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - REG 3 
Interpretation 


  3. In these Regulations, unless the contrary intention appears:

  "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.

  "the Act" means the Ozone Protection Act 1989.

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - REG 4 
Rigid polyurethane foam product 


  4. (1) A person to whom Part V of the Act applies must not manufacture or
import a rigid polyurethane foam product if:

  (a) either:

    (i) the product contains a scheduled substance; or

    (ii) a scheduled substance was used in the manufacture of the

product; and

  (b) the product is intended for use as packaging.

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 rigid polyurethane foam
product if:

  (a) either:

    (i) the product contains a scheduled substance; or

    (ii) a scheduled substance was used in the manufacture of the

product; and

  (b) the product is intended for use as packaging.

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 that Part applies.

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - REG 5 
Moulded flexible polyurethane foam 


  5. (1) A person to whom Part V of the Act applies must not manufacture
moulded flexible polyurethane foam if:

  (a) the foam contains a scheduled substance; or

  (b) a scheduled substance is used in the manufacture of the foam.

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 moulded flexible polyurethane foam if:

  (a) the foam contains a scheduled substance; or

  (b) a scheduled substance is used in the manufacture of the foam.

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 that Part applies.

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - REG 6 
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.

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - REG 7 
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.

OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS - SCHEDULE 
SCH

                          SCHEDULE                 Regulation 7

Column 1    Column 2

Item No.    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

7           refrigeration equipment that is designed to normally

            operate below15 degrees Celsius

8           equipment designed and used solely with the

            refrigerant known as R502

9           small water coolers