EXPLANATORY STATEMENT
Ozone Protection (Product Control) Regulations
STATUTORY RULES 1990, NO 583.
Outline
Section 70 of the Ozone Protection Act 1989 (the Act) empowers the Governor-General to make regulations prescribing matters required or permitted by the Ozone Protection Act to be prescribed.
By subsection 39(1) of the Act, the regulations may prohibit or regulate the manufacture, import, export, distribution or use of products that contain scheduled substances or depend on such substances for their operation.
These matters are referred to in the explanatory memoranda and the Second Reading Speech on the Ozone Protection Bill 1989, which detail undertakings to be implemented in the making of regulations, and the Minister’s decision to implement certain controls recommended in the Australian Environment Council Strategy for Ozone Protection by regulation under the Act.
Under the Act, the control of ozone depleting substances is effected through two separate mechanisms. Firstly, the licensing and quota scheme for manufacturers, importers and exporters of these chemicals regulates such activities on an annual basis and is regularly monitored. Secondly, the Act imposes product controls, by prohibiting or regulating manufacture or import of certain products which rely on scheduled substances in some manner. Initial product controls are set out in Schedule 4 to the Act. The Regulations extend the scope of product controls implemented by the Commonwealth government.
Details of the Regulations
Regulation 1 Provides for the regulations to be cited as the Ozone Protection (Product Control) Regulations.
Regulation 2 Specifies that regulation 4 comes into effect on 1 January 1991 and regulation 5 comes into effect on 1 January 1992 (these dates are recommended in the Australian Environment Council Strategy for Ozone Protection).
Regulation 3 Provides a definition for the purposes of regulations 4 and 5.
Regulation 4 Provides that a person shall not import or manufacture a rigid polyurethane foam product containing or manufactured with scheduled
substances where the foam is intended for use as packaging.
Regulation 5 Provides that a person shall not manufacture moulded flexible polyurethane foam containing or manufactured with scheduled substances.
Penalties consistent with section 70 of the Act are imposed for breach of regulations 4 and 5.
Authorised by the Minister for the Arts, Sport, the Environment, Tourism and Territories