Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2)

Administered by Department of the Environment and Energy

Legislation au F2012L01555 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 169

 

Issued by the authority of the Parliamentary Secretary for Sustainability and Urban Water

 

Subject - Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

 

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2)

 

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) controls the manufacture, import and export of all ozone depleting substances and their synthetic greenhouse gas replacements. It also controls imports of refrigeration and air-conditioning equipment (RAC equipment) containing a hydrochlorofluorocarbon or hydrofluorocarbon refrigerant and grants the Commonwealth the power to create a nationally consistent system to control the end uses of these harmful gases.

 

Section 70 of the Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Act; prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) outline licensing requirements for persons carrying out work in relation to RAC equipment. Licensing requirements are necessary due to the potential environmental harm that ozone depleting substances and synthetic greenhouse gases may cause, and the health and safety risks associated with refrigerants.  For example, refrigerants are stored at high pressure and displace oxygen when released in air.

 

It is generally an offence (punishable by a maximum penalty of 10 penalty units) for a person to carry out work in relation to RAC equipment unless the person holds a refrigerant handling licence.  However, paragraph 111(1)(c) of the Principal Regulations allows an unlicensed person decommissioning RAC equipment to work under the supervision of the holder of the licence granted under regulation 131 or 133 of the Principal Regulations.

 

The Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2) (the Amendment Regulation) amends the Principal Regulations by removing paragraph 111(1)(c) to ensure that only appropriately qualified persons decommission RAC equipment. Training materials are available on the RAC industry board website and consist of a training video, booklet and accompanying multiple choice test. The practical component of the training will be overseen by the employer of the previously unlicensed person.

 

The Amendment Regulation revises paragraphs 140(3)(d) and 141(1)(l) to make consequential amendments to the conditions on refrigerant authorisations to reflect the changes.

 

The Act specifies no conditions that need to be satisfied before the power to make the proposed regulation maybe exercised.

 

Details of the Amendment Regulation are set out in Attachment A.

 

The statement of compatibility with human rights is at Attachment B.

 

The Department of Sustainability, Environment, Water, Population and Communities consulted the RAC industry on proposed amendments to paragraph 111(1)(c) through the March/April 2012 edition of the RAC industry newsletter entitled ‘CoolChange’.

 

The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Amendment Regulation commences on the day after registration on the Federal Register of Legislative Instruments.

 

The Minute recommends that the Amendment Regulation be made in the form proposed.

 

Authority:  Section 70 of the Ozone Protection

 and Synthetic Greenhouse Gas

 Management Act 1989

 

ATTACHMENT A

 

Details of the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2)

 

Section 1 – Name of Regulation

 

This section provides that the title of the regulation is the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2).

 

Section 2 – Commencement

 

This section provides for the Amendment Regulation to commence on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 – Amendment of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

 

This section provides that the Principal Regulations are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item 1 –Paragraph 111(1)(c)

 

Currently, unlicensed persons can decommission RAC equipment provided they are supervised by a person granted a licence under regulation 131 or 133 of the Principal Regulations.

 

The effect of this amendment would be to require persons who are currently unlicensed and working under supervision to undergo training and subsequently apply for a licence to decommission RAC equipment.

 

Item 2 –Paragraph 140(3)(d)

 

Currently, paragraph 140(3)(d) provides that a restricted refrigerant trading authorisation may be granted if the applicant can demonstrate that unlicensed persons engaged in removing refrigerant from RAC equipment are supervised by a holder of a licence granted under regulation 131 or 133.

 

This item revises paragraph 140(3)(d) to ensure that only persons licensed under regulations 131, 133 or 134 decommission RAC equipment. A reference to regulation 134, which provides for refrigerant and air conditioner trainee licences, has been inserted to facilitate on-the-job training for currently unlicensed persons.

 

Item 3 – Paragraph 141(1)(l)

 

Currently, conditions can be placed on a restricted refrigerant trading authorisation granted under paragraph 140(1)(c) of the Principal Regulations, such as allowing an unlicensed person to remove refrigerant from RAC equipment on the proviso that they are supervised by a holder of a licence granted under regulation 131 or 133 that entitles the holder to remove refrigerant from RAC equipment.

 

This item revises paragraph 141(1)(l) to ensure that only the holder of a relevant licence granted under regulation 131, 133 or 134 can remove refrigerant from RAC equipment.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

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

 

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2)

 

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

 

Overview of the Legislative Instrument

 

The Legislative Instrument makes amendments to the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 to remove provisions allowing unlicensed persons working under supervision of appropriately licensed persons to decommission refrigeration and air-conditioning equipment.

 

Due to the potential environmental, health and safety risks associated with refrigerants currently unlicensed persons working under supervision will be required to undergo training and apply for a licence to decommission RAC equipment. This will ensure that only appropriately qualified persons decommission RAC equipment.

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Legislative Instruments are compatible with Australia's human rights obligations.

 

Senator the Hon Don Farrell, Parliamentary Secretary for Sustainability and Urban Water

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2) was introduced to address a gap in the existing regulatory framework regarding the decommissioning of refrigeration and air-conditioning (RAC) equipment. The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 established controls over the manufacture, import, and export of ozone-depleting substances and their synthetic greenhouse gas replacements, and mandated a nationally consistent system to manage the end uses of these harmful gases. The Act also empowered the Commonwealth to implement regulations necessary for enforcing these controls. The Amendment Regulation was enacted by the Governor-General under the authority of Section 70 of the Act, and it was issued by the Parliamentary Secretary for Sustainability and Urban Water. The policy objective behind these amendments is to ensure that only appropriately qualified persons decommission RAC equipment, thereby mitigating environmental harm and enhancing health and safety by requiring the completion of specified training and obtaining a licence for those previously working under supervision.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 applies to the manufacture, import, and export of ozone depleting substances and their synthetic greenhouse gas replacements, as well as the import of refrigeration and air-conditioning equipment containing specific refrigerants. The Act grants the Commonwealth the authority to establish a nationally consistent system for controlling the end uses of these harmful gases. It primarily targets persons and entities involved in the handling of these substances and equipment, ensuring compliance through licensing and other regulatory measures. The Act's jurisdiction extends nationally, covering the entire Commonwealth of Australia. The Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2) amends the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995, tightening the licensing requirements for decommissioning refrigeration and air-conditioning equipment. It removes the provision allowing unlicensed persons to decommission such equipment under the supervision of licensed individuals, thereby mandating that all persons involved in this activity must hold appropriate licences. The Amendment Regulation ensures that only adequately trained and licensed individuals can decommission this equipment, addressing the significant environmental, health, and safety risks associated with refrigerants.

Key Provisions

The Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 2) amends the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995. It specifically targets the licensing requirements for decommissioning refrigeration and air-conditioning (RAC) equipment, which contains ozone-depleting substances and synthetic greenhouse gases. Under the principal regulation, unlicensed persons could decommission RAC equipment if supervised by a licensed person, but this is no longer permitted (Regulation 111(1)(c)). To ensure only appropriately qualified persons decommission RAC equipment, the Amendment Regulation mandates that all such persons must undergo training and subsequently apply for a licence (Regulation 111(1)(c)). Additionally, the Amendment Regulation updates conditions on refrigerant authorisations to reflect these changes (Regulations 140(3)(d) and 141(1)(l)). The Amendment Regulation imposes new obligations on parties involved in decommissioning RAC equipment. Unlicensed persons who wish to decommission RAC equipment must now undertake training and apply for a licence. This training is overseen by the RAC industry board and consists of a training video, a booklet, and a multiple-choice test. The practical component of the training is to be overseen by the employer of the previously unlicensed person. These changes are designed to mitigate the environmental, health, and safety risks associated with refrigerants, which are stored at high pressure and can displace oxygen when released into the air. The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 imposes criminal penalties for breaches of its provisions. It is generally an offence for a person to carry out work in relation to RAC equipment unless they hold a refrigerant handling licence. The maximum penalty for this offence is 10 penalty units, which as of 2023 equates to $2,200. The Amendment Regulation, by removing the provision allowing unlicensed persons to decommission RAC equipment under supervision, seeks to ensure compliance with these licensing requirements. This amendment is intended to protect the environment and public safety by ensuring that only qualified individuals handle these potentially hazardous substances. The Amendment Regulation also makes consequential amendments to the conditions on refrigerant authorisations to reflect the changes introduced. Specifically, it revises paragraphs 140(3)(d) and 141(1)(l) of the Principal Regulations to ensure that only persons licensed under regulations 131, 133, or 134 can decommission RAC equipment. This includes inserting a reference to regulation 134, which provides for refrigerant and air conditioner trainee licences, to facilitate on-the-job training for currently unlicensed persons. These amendments are designed to ensure a nationally consistent system for the control of harmful gases, thereby maintaining the integrity of the regulatory framework established under the Act.

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