Ozone Protection (Licence Fees-Manufacture) Act 1989

Overview

The Ozone Protection (Licence Fees—Manufacture) Act 1989 was enacted to provide a framework for the payment of fees associated with the manufacture of scheduled substances under licences granted under the Ozone Protection Act 1989. This Act was assented to on 16 March 1989 and was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. The legislation aims to ensure that fees are collected in a structured manner, corresponding with the manufacture of these substances, thereby supporting the broader policy objectives of the Ozone Protection Act 1989 in managing and reducing the environmental impact of substances that deplete the ozone layer. The Act establishes a mechanism for calculating and collecting fees based on the rates fixed by regulations, ensuring a systematic approach to the financial obligations of licensees involved in the manufacture of scheduled substances.

Scope and Application

The Ozone Protection (Licence Fees—Manufacture) Act 1989 applies to entities that hold a licence under the Ozone Protection Act 1989 to manufacture scheduled substances, which are substances that have the potential to deplete the ozone layer. This Act imposes a fee on these licensees for each quarter during which their licence is in force, for the substances manufactured during that quarter. The fee rate is determined by regulations made under the Act. However, it is important to note that no fee is payable in respect of halons manufactured before the beginning of the first halon quota period. The Act extends to the entire Commonwealth of Australia and is not limited to a specific state or territory. The Act allows for the creation of regulations to fix the fee rate, which may specify different rates for different substances or quantities. The Minister responsible for the Ozone Protection Act 1989 is responsible for making these regulations.

Key Provisions

The Ozone Protection (Licence Fees—Manufacture) Act 1989, as outlined in sections 1 through 5, establishes the framework for the collection of fees associated with the manufacture of scheduled substances under the Ozone Protection Act 1989. This Act, which came into force immediately upon receiving Royal Assent, aims to regulate and manage the financial obligations of licensees who manufacture substances that deplete the ozone layer. The Act specifies that the fees are to be calculated and paid quarterly, based on the rate set by the regulations (section 4(1)). Notably, no fee is required for halons manufactured before the commencement of the first halon quota period (section 4(2)). The Act also clarifies that any portion of a quarter during which a licence is active shall be considered a full quarter for fee calculation purposes (section 4(3)). Furthermore, the Act mandates that the Governor-General has the authority to establish these fee rates through regulations that must be consistent with the provisions of this Act (section 5). The Act imposes several obligations on the parties it governs. Primarily, licensees must ensure they pay the specified fees for each quarter that their licence is in effect, calculated according to the rates established in the regulations (section 4(1)). It is important for licensees to be aware of the specific substances they manufacture and the applicable fee rates to avoid non-compliance. The Act also requires that these fees be remitted regardless of the duration of the licence within a given quarter, as long as the licence is active for any part of that quarter (section 4(3)). Moreover, the Act includes an exemption for halons manufactured prior to the first halon quota period, meaning that no fees are applicable to such substances (section 4(2)). Failure to comply with the fee payment requirements set out in this Act can result in various consequences. While the Act does not explicitly detail specific offences, penalties, or legal consequences for non-compliance, it is understood that breaches of licence conditions or failure to remit fees could lead to legal actions under the broader Ozone Protection Act 1989. The latter may include fines and other sanctions as prescribed by the relevant regulatory authority. The absence of explicit penalties in this Act suggests that penalties would be derived from the overarching legislation it supplements, which may include substantial fines and potential legal actions against the defaulting parties.