Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023

made under the

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995

Compilation No. 1

Compilation date: 1 July 2026

Includes amendments: F2026L00826

About this compilation

This compilation

This is a compilation of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023 that shows the text of the law as amended and in force on 1 July 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary

1 Name

3 Authority

5 Definitions

Part 2—Exemption from import levy

6 Conditions for exemption from import levy for SGGs—SGGs imported for destruction

7 Exemption from import levy for SGG equipment—metered dose inhalers

Part 3—Amount of import levy

8 Amount of import levy—SGGs

9 Amount of import levy—substances other than SGGs

10 Amount of import levy—SGG equipment

Part 4—Application and transitional provisions

11 Application of this instrument as originally made

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2023.

3  Authority

  This instrument is made under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995.

5  Definitions

Note 1: An expression used in the Act has the same meaning in the Act as it has in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989: see section 3 of the Act.

Note 2: A number of expressions used in this instrument are defined in the Act or the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, including the following:

(aa) CEO;

(a) HCFC;

(b) ODP tonnes;

(c) reporting period;

(d) SGG;

(e) SGG equipment.

  In this instrument:

Act means the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995.

Management Regulations means the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

Part 2—Exemption from import levy

6  Conditions for exemption from import levy for SGGs—SGGs imported for destruction

 (1) For the purposes of paragraph 3A(4)(b) of the Act, the following condition is specified, namely, that the licensee must give the CEO evidence of the following in a form approved by the CEO:

 (a) that an agreement for the destruction of the SGG, within 90 days after the import, has been entered into;

 (b) that the destruction of the SGG has taken place, or will take place, at:

 (i) a refrigerant destruction facility that a person is approved to operate under regulation 114 of the Management Regulations; or

 (ii) an extinguishing agent destruction facility that a person is approved to operate under regulation 306 of the Management Regulations;

 (c) that the SGG was destroyed within 90 days after the import.

 (2) The evidence must be given to the CEO:

 (a) for the purposes of paragraph (1)(a)—before the SGG is imported; and

 (b) for the purposes of paragraph (1)(c)—within 30 days after the destruction.

7  Exemption from import levy for SGG equipment—metered dose inhalers

  For the purposes of subsection 4A(2) of the Act, a metered dose inhaler that is used for medical purposes is prescribed.

Part 3—Amount of import levy

8  Amount of import levy—SGGs

  For the purposes of the definition of prescribed rate in subsection 3A(7) of the Act, the amount prescribed is $165.

9  Amount of import levy—substances other than SGGs

  For the purposes of subsection 4(5) of the Act, the amount of levy is:

 (a) for the import of an HCFC—$3,000 per ODP tonne; and

 (b) for the import of methyl bromide—$135 per tonne.

10  Amount of import levy—SGG equipment

  For the purposes of the definition of prescribed rate in subsection 4A(5) of the Act, the amount prescribed is $165.

Part 4—Application and transitional provisions

11  Application of this instrument as originally made

 (1) This instrument as originally made applies in relation to reporting periods that start on or after the commencement time.

 (2) The Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2004, as in force immediately before the repeal of that instrument, continue to apply in relation to reporting periods starting before the commencement time, as if that repeal had not happened.

 (3) In this section:

commencement time means the commencement of Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Act 2022.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history