Customs (Prohibited Imports) Amendment Regulation 2012 (No. 1)

Administered by Attorney-General's Department

Legislation au F2012L01407 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 120

 

Issued by the Authority of the Minister for Home Affairs

 

Customs Act 1901

 

Customs (Prohibited Imports) Amendment Regulation 2012 (No. 1)

 

Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to Customs.

 

The purpose of the Regulation is to amend regulation 5K and Schedule 10 to the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) to ensure they are consistent with the Government’s Clean Energy Future Plan.

 

Australia is a party to the Montreal Protocol on Substances that Deplete the Ozone Layer which is an international treaty for the prevention of illegal trade in

ozone-depleting substances and products that contain ozone-depleting substances. As a result the Ozone Protection Act 1989 provides for the prohibition of the manufacture, import and export of ozone-depleting substances. This Act was amended in 2003, to become the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (OPSGGM Act).

 

To support the administration and enforcement of controls set out in the OPSGGM Act, subregulation 5K(1) of the Principal Regulations prohibits the importation of certain ozone-depleting substances and synthetic greenhouse gases unless one of the exceptions in regulation 5K applies. The main exception is where the importer has a licence to import such goods granted under section 16 of the OPSGGM Act. The prohibition in 5K relates to substances listed in Schedule 10 of the Principal Regulations and to goods that are defined as ‘pre-charged equipment’. ‘Pre-charged equipment’ is defined as meaning air-conditioning equipment, or refrigeration equipment, (including equipment fitted to a motor vehicle) that contains a hydroflurocarbon (HFC) or hydrochloroflurocarbon HCFC.

 

On 10 July 2011, the Government released the Clean Energy Future Plan, including an equivalent Carbon Pricing Mechanism. As part of this, an equivalent carbon price will be imposed on synthetic greenhouse gases using the existing controls under the OPSGGM Act and the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

 

The Regulation amends regulation 5K to be consistent with the terminology of the Government’s Clean Energy Future Plan, including the recently amended OPSGGM Act. This includes adding an additional synthetic gas to the existing import controls in regulation 5K and amending the definition of ‘pre-charged equipment’ in the Principal Regulations.

 

The Regulation adds the synthetic gas sulfur hexafluoride (SF6) to Schedule 10 to the Principal Regulations to ensure its importation is regulated.

 

The Regulation also replaces the definition of ‘pre-charged equipment’ contained in regulation 5K with two new definitions: ‘ODS (Ozone Depleting Substance) equipment’ and ‘SGG(Synthetic Greenhouse Gas) equipment.’

 

ODS equipment is defined as air-conditioning equipment, or refrigeration equipment, that contains a substance that is an HCFC.

 

SGG equipment is defined as equipment, or a product, that contains a substance that is an HFC or a PFC: or equipment, or a product, that contains a substance that is sulfur hexafluoride.

 

These two new definitions cover the same equipment which is currently covered by the definition of pre-charged equipment as well as cover new equipment consistent with the Government’s Clean Energy Future Plan.

 

In addition, the Regulation removes paragraph 5K(3)(a) which provides an exception to the prohibition on the importation of ozone-depleting substances and synthetic greenhouse gases where a prohibited substance is contained in goods (except pre-charged equipment) that will use the substance in the operation of the goods (for example, an aerosol spray device).  The previous Regulation was not intended to regulate the importation of ‘products’ that contain or use in their operation substances listed in Schedule 10.  The removal of this paragraph will enable the regulation of the new synthetic gas SF6, which may be found in aerosol and other devices.

 

The Regulation also removes paragraph 5K(5) which exempts SGG  imported for use as a cover gas in the manufacturing and casting of magnesium.  The removal of this paragraph also allows for regulation of SGGs used in manufacturing processes.

 

This Regulation forms part of the Clean Energy Future Plan. Industry consultation in relation to the Clean Energy Future Plan was conducted by the Department of Sustainability, Environment, Water, Populations and Communities.

 

The Regulation commences on 1 July 2012, the same date that the Clean Energy Future Plan commences.

 


Statement of Compatibility with Human Rights

 

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Customs (Prohibited Imports) Amendment Regulation 2012 (No. 1)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Regulation

 

This Regulation amends the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) to ensure they are consistent with the Government’s Clean Energy Future Plan. This will include amending the Principal Regulations to allow for the regulation of sulfur hexafluoride. 

 

The Regulation commences on 1 July 2012.

 

 

Human Rights implications

 

This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

Conclusion

 

This legislative instrument does not raise any human rights issues.

 

 

 

 

 

 

 

 

Minister for Home Affairs

 

 

Overview

The Customs (Prohibited Imports) Amendment Regulation 2012 (No. 1) was enacted to align the Customs (Prohibited Imports) Regulations 1956 with the Government’s Clean Energy Future Plan. This regulation, issued under the authority of the Minister for Home Affairs, aims to ensure that the importation of ozone-depleting substances and synthetic greenhouse gases is regulated in line with Australia's commitments under the Montreal Protocol and the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. The Regulation introduces changes such as adding sulfur hexafluoride to the list of prohibited substances, redefining 'pre-charged equipment' as 'ODS equipment' and 'SGG equipment', and removing certain exemptions to extend control over the importation of these substances. The policy objective is to support the administration and enforcement of controls on these substances, which is crucial for protecting the ozone layer and mitigating climate change. The Regulation came into effect on 1 July 2012, the same date as the Clean Energy Future Plan, ensuring a coordinated approach to these environmental imperatives.

Scope and Application

The Customs (Prohibited Imports) Amendment Regulation 2012 (No. 1) applies to the importation of specified ozone-depleting substances and synthetic greenhouse gases, particularly sulfur hexafluoride, as part of Australia's commitment to the Montreal Protocol and the Clean Energy Future Plan. This regulation amends the Customs (Prohibited Imports) Regulations 1956 to align with the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, which itself is shaped by international obligations under the Montreal Protocol. It applies to any person or entity importing goods containing these substances or gases, unless they have the appropriate licence under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. The regulation has a national jurisdictional reach, affecting all states and territories within Australia. It specifically excludes goods that are not pre-charged equipment and exempts certain uses of synthetic greenhouse gases in manufacturing processes, which were previously unregulated. The regulation comes into effect on 1 July 2012, the same date the Clean Energy Future Plan commences, and does not engage, impact on, or limit any human rights as recognised or declared in relevant international instruments.

Key Provisions

The Customs (Prohibited Imports) Amendment Regulation 2012 (No. 1) amends the Customs (Prohibited Imports) Regulations 1956 (referred to as the Principal Regulations) to ensure they align with the Government's Clean Energy Future Plan. Specifically, the Regulation updates the terminology to reflect changes in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (OPSGGM Act). It adds sulfur hexafluoride (SF6) to Schedule 10, which lists the substances subject to import restrictions, thereby extending regulation to this synthetic greenhouse gas. Additionally, the Regulation introduces new definitions for 'ODS equipment' and 'SGG equipment', which replace the previous definition of 'pre-charged equipment'. These new definitions cover air-conditioning and refrigeration equipment that contains ozone-depleting substances or synthetic greenhouse gases, including sulfur hexafluoride. The obligations imposed by this Regulation on parties and entities primarily revolve around ensuring compliance with the updated import restrictions. Importers must now adhere to the new definitions and controls, including obtaining the necessary licenses for importing substances listed in Schedule 10. This includes ensuring that any equipment or products containing specified substances are compliant with the regulations, particularly in relation to the newly defined ODS and SGG equipment. The Regulation also removes certain exceptions that previously allowed for the importation of substances contained in goods used for their operation, such as aerosol spray devices, thereby broadening the scope of controlled imports. Breaching the provisions of this Regulation can result in significant legal consequences. Importers found in violation of the new restrictions may face penalties under the Customs Act 1901, which could include fines and potential criminal charges. The specific penalties for contraventions of the Customs Act can vary, but they may include substantial monetary fines and, in severe cases, imprisonment. The exact penalties are determined based on the nature and severity of the breach, as well as any previous history of non-compliance. Compliance with these regulations is crucial to avoid these legal repercussions and to support the objectives of the Clean Energy Future Plan.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers
Catchwords
Ozone-depleting substances
Synthetic greenhouse gases

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.