Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022

No. 92, 2022

An Act to amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendments

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Part 2—Application and transitional provisions

Division 1—Definitions

Division 2—General provisions

Division 3—Enforcement

Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022

No. 92, 2022

An Act to amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and for related purposes

[Assented to 13 December 2022]

The Parliament of Australia enacts:

1  Short title

  This Act is the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

1  Paragraph 3(d)

Omit “and the Kyoto Protocol”, substitute “, the Kyoto Protocol and the Paris Agreement”.

2  After section 3

Insert:

3A  Simplified outline of this Act

3  Section 6A

Omit “(other than Part 2.5)”.

4  At the end of Part I

Add:

6B  Contravening an offence provision or a civil penalty provision

 (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.

 (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.

 (3) For the purposes of applying Chapter 2 of the Criminal Code to the offence, the physical elements of the offence are set out in the conduct provision.

Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.

5  Before section 7

Insert:

7AA  Simplified outline of this Part

6  Section 7 (definition of 100‑year global warming potential)

Omit “a table in Schedule 1”, substitute “the clause in Schedule 1 that covers that substance”.

7  Section 7

Repeal the following definitions:

 (a) definition of bromochloromethane;

 (b) definition of carbon tetrachloride.

8  Section 7 (definition of CFC)

Omit “means a substance referred to in Part I”, substitute “(short for chlorofluorocarbon) means a substance covered by clause 1”.

9  Section 7 (definition of civil penalty order)

Repeal the definition, substitute:

civil penalty order has the same meaning as in the Regulatory Powers Act.

10  Section 7 (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory Powers Act.

11  Section 7

Insert:

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

contravene an offence or civil penalty provision has a meaning affected by section 6B.

Note: The meaning of contravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901).

critical uses, of methyl bromide, has the meaning given by subsection 18(10).

12  Section 7 (paragraph (a) of the definition of designated court)

After “Court”, insert “of Australia”.

13  Section 7

Insert:

emergency use, of methyl bromide, has the meaning given by subsection 18(10).

14  Section 7

Repeal the following definitions:

 (a) definition of enforcement powers;

 (b) definition of enforcement warrant.

15  Section 7

Insert:

engage in conduct has the same meaning as in the Criminal Code.

entrusted person means:

 (a) the Minister; or

 (b) the Secretary; or

 (c) an APS employee in the Department; or

 (d) any other person employed in, or engaged by, the Department.

16  Section 7 (definition of equipment licence)

Omit “13A(5)”, substitute “13A(6)”.

17  Section 7 (definition of essential use)

Repeal the definition, substitute:

essential use has the meaning given by subsection 13A(3B).

18  Section 7

Repeal the following definitions:

 (a) definition of evidential burden;

 (b) definition of evidential material;

 (c) definition of Federal Court.

19  Section 7

Insert:

feedstock licence means a licence referred to in subsection 13A(5).

20  Section 7 (definition of halon)

Omit “referred to in Part II”, substitute “covered by clause 2”.

21  Section 7 (definition of HBFC)

Omit “means a hydrobromofluorocarbon referred to in Part VI”, substitute “(short for hydrobromofluorocarbon) means a substance covered by clause 6”.

22  Section 7 (definition of HCFC)

Omit “means a hydrochlorofluorocarbon referred to in Part V”, substitute “(short for hydrochlorofluorocarbon) means a substance covered by clause 5”.

23  Section 7 (definition of HFC)

Omit “means a hydrofluorocarbon referred to in Part IX”, substitute “(short for hydrofluorocarbon) means a substance covered by clause 9”.

24  Section 7

Insert:

inspector means:

 (a) a member or special member of the Australian Federal Police; or

 (b) an officer of Customs; or

 (c) a person appointed by the Secretary as an inspector under section 49.

laboratory and analytical uses, of methyl bromide, has the meaning given by subsection 18(10).

25  Section 7 (definition of licence)

Omit “or an equipment licence”, substitute “, an equipment licence or a feedstock licence”.

26  Section 7 (definition of methyl bromide)

Omit “referred to in Part VII”, substitute “covered by clause 7”.

27  Section 7

Repeal the following definitions:

 (a) definition of methyl chloroform;

 (b) definition of monitoring powers.

28  Section 7 (definition of nitrogen trifluoride)

Omit “referred to in Part XII”, substitute “covered by clause 12”.

29  Section 7 (definition of ODS equipment)

Repeal the definition, substitute:

ODS equipment means equipment that:

 (a) contains a scheduled substance other than an SGG; or

 (b) uses a scheduled substance other than an SGG in its operation.

Note: Equipment may be covered by this definition even if the equipment also contains a scheduled substance that is an SGG.

30  Section 7 (definition of offence against this Act or the regulations)

Omit “section 137.1 or 137.2 of the Criminal Code”, substitute “the Crimes Act 1914 or the Criminal Code”.

31  Section 7

Insert:

official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

32  Section 7 (definition of ozone depleting potential)

Omit “a table in Schedule 1”, substitute “the clause in Schedule 1 that covers that substance”.

33  Section 7

Insert:

Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.

Note: The Agreement, as originally in force for Australia, is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

34  Section 7 (definition of PFC)

Omit “means a perfluorocarbon referred to in Part X”, substitute “(short for perfluorocarbon) means a substance covered by clause 10”.

35  Section 7 (definition of premises)

Repeal the definition.

36  Section 7

Insert:

protected information means information of any of the following kinds obtained by an entrusted person:

 (a) information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;

 (b) information the disclosure of which could reasonably be expected to prejudice the effective working of government;

 (c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;

 (d) information the disclosure of which could reasonably be expected to endanger a person’s life or physical safety;

 (e) information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment.

QPS use, of methyl bromide, has the meaning given by subsection 18(11).

reconsideration decision has the meaning given by subsection 65ZB(2).

37  Section 7

Repeal the following definitions:

 (a) definition of recycled or used HCFCs;

 (b) definition of recycled or used methyl bromide;

 (c) definition of recycled or used SGGs;

 (d) definition of recycled or used stage‑1 or stage‑2 scheduled substances.

38  Section 7

Insert:

refrigeration and air conditioning equipment has the meaning given by subsection 12B(2).

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant information means information obtained by an entrusted person under, or in accordance with, this Act or the Regulatory Powers Act as it applies in relation to this Act.

reviewable decision has the meaning given by section 65X.

39  Section 7 (definition of Schedule 4 activity)

Repeal the definition.

40  Section 7 (definition of scheduled substance)

Omit “referred to”, substitute “covered by a clause”.

41  Section 7 (definition of section 69G activity)

Repeal the definition.

42  Section 7 (definition of SGG equipment)

Repeal the definition, substitute:

SGG equipment means equipment that:

 (a) contains an SGG and does not contain any scheduled substance that is not an SGG; or

 (b) uses an SGG in its operation and does not use any scheduled substance that is not an SGG in its operation.

Note: Equipment that contains a scheduled substance other than an SGG, or that uses a scheduled substance other than an SGG in its operation, is ODS equipment.

43  Section 7

Repeal the following definitions:

 (a) definition of stage‑1 CFC;

 (b) definition of stage‑2 CFC;

 (c) definition of stage‑1 scheduled substance;

 (d) definition of stage‑2 scheduled substance.

44  Section 7

Insert:

State or Territory government body means:

 (a) a Department of State of a State or Territory; or

 (b) an agency of a State or Territory; or

 (c) an authority of a State or Territory.

45  Section 7 (definition of sulfur hexafluoride)

Omit “referred to in Part XI”, substitute “covered by clause 11”.

46  Section 7

Insert:

suspended: a licence is suspended if it is suspended under subsection 19D(1).

used substance has the meaning given by section 9AA.

47  Sections 8C, 8D and 9

Repeal the sections, substitute:

9  References to scheduled substances and equipment

Scheduled substances

 (1) A reference in this Act to a scheduled substance (or type of scheduled substance) is a reference to a bulk scheduled substance (or a bulk scheduled substance of that type), except if the reference is in relation to equipment that:

 (a) contains a scheduled substance (or type of scheduled substance); or

 (b) uses a scheduled substance (or type of scheduled substance) in its operation.

 (2) A scheduled substance is a bulk scheduled substance unless the substance is:

 (a) contained in equipment; or

 (b) used in the operation of equipment.

Example: Paragraph (b)—a scheduled substance that is used as a propellant in an aerosol spray or fire extinguisher is not a bulk scheduled substance.

Note 1: Subsection (3) affects whether a scheduled substance is contained in, or used in the operation of, equipment for the purposes of this subsection.

Note 2: Subsection (4) and regulations made for the purposes of paragraph (5)(a) may also affect whether a substance is a bulk scheduled substance.

Equipment used only for storing or transporting a scheduled substance

 (3) A reference in this Act to:

 (a) equipment containing a scheduled substance (or type of scheduled substance); or

 (b) equipment using a scheduled substance (or type of scheduled substance) in its operation;

does not cover equipment that contains a scheduled substance, or is being used, for the sole purpose of storing or transporting the substance.

Note: Subsection (4) and regulations made for the purposes of paragraph (5)(b) or (c) may also affect whether a substance is contained in, or used in the operation of, equipment.

Substances used in the process of manufacturing equipment

 (4) A scheduled substance that is contained in equipment only because the substance was used in the process of manufacturing the equipment is neither:

 (a) a bulk scheduled substance; nor

 (b) contained in, or used in the operation of, the equipment.

Example: A scheduled substance that remains in minute quantities in open cell foam after being used in the production of the foam.

Regulations

 (5) The regulations may provide that, in prescribed circumstances, a scheduled substance:

 (a) is taken to be, or not to be, a bulk scheduled substance; or

 (b) is taken to be, or not to be, contained in equipment; or

 (c) is taken to be, or not to be, used in the operation of equipment; or

 (d) is taken to be, or not to be, contained in equipment for the sole purpose of storing or transporting the substance;

 (e) is taken to be, or not to be, contained in equipment only because the substance was used in the process of manufacturing the equipment.

 (6) Regulations made for the purposes of subsection (5) have effect despite subsections (2) to (4).

9AA  Used substances

 (1) Subject to subsection (2), a scheduled substance is a used substance for the purposes of this Act if it is:

 (a) collected from a container or other equipment during servicing, or in connection with the disposal, of the container or other equipment; or

 (b) collected after an emissive use of the substance.

 (2) The regulations may provide that, in prescribed circumstances, a scheduled substance:

 (a) is taken to be a used substance; or

 (b) is taken not to be a used substance.

48  Subsection 9A(1)

Omit “HCFC or” (wherever occurring).

49  Subsection 9A(2)

Omit “HCFCs or” (wherever occurring).

50  Section 12A

Repeal the section.

51  Division 1 of Part III

Repeal the Division, substitute:

Division 1—Preliminary

12A  Simplified outline of this Part

12B  Import or export of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft

 (1) This Part and Parts IV and IVA do not apply to the import or export of a CFC, halon, HCFC, HFC or PFC if all of the following conditions are satisfied:

 (a) the CFC, halon, HCFC, HFC or PFC is on board a ship or aircraft;

 (b) the ship or aircraft has either or both of the following:

 (i) refrigeration and air conditioning equipment;

 (ii) fire protection equipment;

 (c) the CFC, halon, HCFC, HFC or PFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between:

 (i) a place in Australia and a place outside Australia; or

 (ii) 2 places outside Australia.

 (2) Refrigeration and air conditioning equipment means equipment, used for the cooling or heating of anything, that uses one or more of the following:

 (a) a CFC;

 (b) a halon;

 (c) an HCFC;

 (d) an HFC;

 (e) a PFC.

52  Section 13

Repeal the section, substitute:

13  Prohibition—unlicensed manufacture of scheduled substance or equipment

Unlicensed manufacture of a scheduled substance

 (1) A person contravenes this subsection if:

 (a) the person manufactures a substance; and

 (b) the substance is a scheduled substance; and

 (c) the person does not hold a licence that allows the manufacture.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

 (2) Subsection (1) does not apply to a person manufacturing an SGG in circumstances, or for a purpose, prescribed by the regulations for the purposes of this subsection. Any such regulations must be consistent with Australia’s international obligations.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed manufacture of equipment containing a scheduled substance

 (3) A person contravenes this subsection if:

 (a) the person manufactures equipment; and

 (b) the equipment contains a substance; and

 (c) the substance is a scheduled substance; and

 (d) if the equipment is SGG equipment—the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

 (e) the person does not hold a licence that allows the manufacture.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

 (4) Subsection (3) does not apply to a person manufacturing equipment:

 (a) of a kind prescribed by the regulations for the purposes of this paragraph; or

 (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed manufacture of equipment that uses a scheduled substance in its operation

 (5) A person contravenes this subsection if:

 (a) the person manufactures equipment; and

 (b) the equipment uses a substance in its operation; and

 (c) the substance is a scheduled substance; and

 (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

 (e) the person does not hold a licence that allows the manufacture.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

 (6) Subsection (5) does not apply to a person manufacturing equipment:

 (a) of a kind prescribed by the regulations for the purposes of this paragraph; or

 (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

13AA  Prohibition—unlicensed import of scheduled substance or equipment

Unlicensed import of a scheduled substance

 (1) A person contravenes this subsection if:

 (a) the person imports a substance; and

 (b) the substance is a scheduled substance; and

 (c) the person does not hold a licence that allows the importation.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

 (2) Subsection (1) does not apply to a person importing an SGG (other than an SGG that is a used substance) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this subsection. Any such regulations must be consistent with Australia’s international obligations.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed import of equipment containing a scheduled substance

 (3) A person contravenes this subsection if:

 (a) the person imports equipment; and

 (b) the equipment contains a substance; and

  (c) the substance is a scheduled substance; and

 (d) the person does not hold a licence that allows the importation; and

 (e) if the equipment contains an SGG—the person’s importation of the equipment is not covered by the low volume imports exemption under subsection (4).

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

Note 3: For exceptions to this subsection, see subsections (6) to (9).

 (4) For the purposes of paragraph (3)(e), a person’s importation of equipment is covered by the low volume imports exemption under this subsection if:

 (a) the total amount of SGGs contained in the equipment is not greater than an amount prescribed by the regulations for the purposes of this paragraph; and

 (b) any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

Unlicensed import of equipment that uses a scheduled substance in its operation

 (5) A person contravenes this subsection if:

 (a) the person imports equipment; and

 (b) the equipment uses a substance in its operation; and

 (c) the substance is a scheduled substance; and

 (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

 (e) the person does not hold a licence that allows the importation.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

Note 3: For exceptions to this subsection, see subsections (6) to (9).

Equipment exceptions—prescribed equipment, circumstances or purposes

 (6) Subsection (3) or (5) does not apply to a person importing equipment:

 (a) of a kind prescribed by the regulations for the purposes of this paragraph; or

 (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Equipment exceptions—private or domestic use

 (7) Subsection (3) or (5) does not apply to a person importing equipment if:

 (a) the equipment is kept by the person, or by a member of the person’s household, wholly or principally for private or domestic use; and

 (b) the equipment is prescribed by the regulations for the purposes of this paragraph; and

 (c) any other conditions prescribed by the regulations for the purposes of this paragraph are satisfied.

Equipment exceptions—temporary imports

 (8) Subsection (3) or (5) does not apply to a person importing equipment if:

 (a) the equipment is imported:

 (i) for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this subparagraph; and

 (ii) with the intention of later exporting the equipment within a period not exceeding 12 months, or a longer period prescribed by the regulations for the purposes of this subparagraph; and

 (b) any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

Equipment exceptions—returning Australian equipment

 (9) Subsection (3) or (5) does not apply to a person importing equipment if:

 (a) the equipment is of a kind prescribed by the regulations for the purposes of this paragraph; and

 (b) the person had previously exported the equipment for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this paragraph; and

 (c) while the equipment was outside Australia, no change was made to the type and quantity of scheduled substances contained in or used in the operation of the equipment, except in circumstances, or for purposes, (if any) prescribed by the regulations for the purposes of this paragraph; and

 (d) title to the equipment remains unchanged between the time of export and time of import of the equipment.

Note: A person who wishes to rely on subsection (6), (7), (8) or (9) bears an evidential burden in relation to the matter in that subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

13AB  Prohibition—unlicensed export of scheduled substance or equipment

Unlicensed export of a scheduled substance

 (1) A person contravenes this subsection if:

 (a) the person exports a substance; and

 (b) the substance is a scheduled substance; and

 (c) the person does not hold a licence that allows the export.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

 (2) Subsection (1) does not apply to a person exporting a substance if:

 (a) the substance is an HCFC and the substance is exported in accordance with a direction given to the person by the Minister under section 35A; or

 (b) the substance is an HFC and the substance is exported in accordance with a direction given to the person by the Minister under section 36H; or

 (c) the substance is an SGG (other than an SGG that is a used substance) and the substance is exported in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Any regulations made for the purposes of paragraph (c) must be consistent with Australia’s international obligations.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed export of equipment containing a scheduled substance

 (3) A person contravenes this subsection if:

 (a) the person exports equipment; and

 (b) the equipment contains a substance; and

 (c) the substance is a scheduled substance; and

 (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

 (e) the person does not hold a licence that allows the export.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

 (4) Subsection (3) does not apply to a person exporting equipment:

 (a) of a kind prescribed by the regulations for the purposes of this paragraph; or

 (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed export of equipment that uses a scheduled substance in its operation

 (5) A person contravenes this subsection if:

 (a) the person exports equipment; and

 (b) the equipment uses a substance in its operation; and

 (c) the substance is a scheduled substance; and

 (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

 (e) the person does not hold a licence that allows the export.

Note 1: See section 13A for the activities allowed by each type of licence.

Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

 (6) Subsection (5) does not apply to a person exporting equipment:

 (a) of a kind prescribed by the regulations for the purposes of this paragraph; or

 (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

13AC  Penalties for unlicensed manufacture, import or export of scheduled substances or equipment

Fault‑based offence

 (1) A person commits an offence if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5).

Note: The physical elements of an offence against this subsection are set out in the subsection contravened (see subsection 6B(3)).

Penalty: 500 penalty units.

Strict liability offence

 (2) A person commits an offence of strict liability if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5).

Penalty: 60 penalty units.

Civil penalty provision

 (3) A person is liable to a civil penalty if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5).

Civil penalty: 600 penalty units.

53  Subsections 13A(2A) to (6)

Repeal the subsections, substitute:

 (2A) A controlled substances licence does not apply to:

 (a) scheduled substances that are used substances; or

 (b) the import or manufacture of scheduled substances that are used exclusively as a feedstock.

Essential uses licence

 (3) An essential uses licence allows (subject to subsection (3A)) the licensee to carry out whichever one or more of the following activities is specified in it:

 (a) manufacture specified scheduled substances for essential uses;

 (b) import specified scheduled substances for essential uses;

 (c) export specified scheduled substances for essential uses.

 (3A) An essential uses licence does not apply to:

 (a) scheduled substances that are used substances; or

 (b) scheduled substances that are used exclusively as a feedstock; or

 (c) methyl bromide; or

 (d) SGGs other than HFCs.

Note: For paragraph (a), see subsection (4) (about used substances licences). For paragraph (b), see subsection (5) (about feedstock licences).

 (3B) An essential use of a scheduled substance is an essential use identified in relation to the substance by a decision made by the parties to the Montreal Protocol that applies to Australia.

Used substances licence

 (4) A used substances licence allows (subject to subsection (4A)) the licensee to carry out whichever of the following activities is specified in it:

 (a) import specified substances that are used substances;

 (b) export specified substances that are used substances.

 (4A) A used substances licence does not apply to the import of used substances that are used exclusively as a feedstock.

Feedstock licence

 (5) A feedstock licence allows the licensee to carry out whichever one or more of the following activities is specified in it:

 (a) manufacture specified scheduled substances exclusively for use as a feedstock;

 (b) import specified scheduled substances exclusively for use as a feedstock.

Equipment licence

 (6) An equipment licence allows the licensee to carry out whichever one or more of the following activities is specified in it:

 (a) manufacture specified ODS equipment;

 (b) import specified ODS equipment;

 (c) export specified ODS equipment;

 (d) manufacture specified SGG equipment;

 (e) import specified SGG equipment;

 (f) export specified SGG equipment.

54  At the end of Division 2 of Part III

Add:

13B  Fit and proper person considerations

Mandatory considerations

 (1) Without limiting the matters that the Minister may take into account in determining whether a person is a fit and proper person for the purposes of this Part, in the exercise of a power listed in column 1 of an item of the following table, the Minister must have regard to the considerations in column 2 of the item.

Mandatory considerations—bodies corporate

 (2) If the person is a body corporate, the Minister:

 (a) must also have regard to each consideration in column 2 of the table in subsection (1) in relation to each person who is an executive officer of the body (whether or not the person was an executive officer of the body corporate at the time a matter occurs that relates to the consideration); and

 (b) may also have regard to whether the body is a Chapter 5 body corporate within the meaning of the Corporations Act 2001.

Spent conviction scheme not affected

 (3) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

55  At the end of subsection 14(1)

Add:

 ; (e) a feedstock licence.

56  Paragraph 14(2)(aa)

Omit “prescribed fee”, substitute “fee prescribed by the regulations (if any)”.

57  Subsection 16(1)

Omit “(6B)”, substitute “(6A)”.

58  Subsection 16(3AB)

Repeal the subsection, substitute:

 (3AB) An equipment licence must specify whichever one or more of the following activities that the licence allows:

 (a) manufacture specified ODS equipment;

 (b) import specified ODS equipment;

 (c) export specified ODS equipment;

 (d) manufacture specified SGG equipment;

 (e) import specified SGG equipment;

 (f) export specified SGG equipment.

59  Subsection 16(4)

Omit “shall not”, substitute “must not”.

60  At the end of subsection 16(4)

Add:

Note: The mandatory fit and proper person considerations are set out in section 13B.

61  Subsections 16(5), (6), (6A) and (6B)

Repeal the subsections, substitute:

 (4A) The Minister must not grant a controlled substances licence, or a used substances licence, that allows the manufacture, import or export of a scheduled substance unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the kind of licence, the activity and the relevant type of scheduled substance are satisfied.

 (5) The Minister must not grant an equipment licence that allows the manufacture, import or export of SGG equipment unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied.

 (6) The Minister must not grant an equipment licence that allows the manufacture, import or export of ODS equipment unless:

 (a) for equipment that contains a scheduled substance—subsection (6A) applies in relation to the equipment; and

 (b) in any case—the requirements (if any) prescribed by the regulations for the purposes of this paragraph in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied.

 (6A) For the purposes of paragraph (6)(a), this subsection applies if the Minister is satisfied that:

 (a) both:

 (i) the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and

 (ii) no practical alternative exists to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose; or

 (b) because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment; or

 (c) in the case of the import or export of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported or exported; or

 (d) in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or

 (e) in any case—both:

 (i) exceptional circumstances justify granting the licence; and

 (ii) granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol; or

 (f) in any case—the manufacture, import or export would occur in circumstances prescribed by the regulations for the purposes of this paragraph.

62  Subsections 17(1) and (2)

Omit “for the purposes of section 66 and subject to subsection (4) of this section”, substitute “subject to subsection (4)”.

63  Subsection 17(3)

Omit “for the purposes of section 66”.

64  Subsection 18(1) (after table item 1)

Insert:

65  Subsection 18(1) (table items 2 and 3)

Omit “Montreal Protocol country for the purposes of Part VI for the substance”, substitute “party to the Montreal Protocol”.

66  Subsection 18(1) (table items 5 and 6)

Omit “Montreal Protocol country for the purposes of Part VI for HFCs”, substitute “party to the Montreal Protocol”.

67  Subsection 18(1) (at the end of the table)

Add:

68  After paragraph 18(6)(c)

Insert:

 (ca) conditions requiring the licensee to enter into an arrangement for the recovery, recycling or destruction of scheduled substances with a person approved by the Minister under regulations made for the purposes of paragraph 45A(1)(ba);

69  Subsections 18(7) to (7F)

Repeal the subsections, substitute:

Fault‑based offence

 (7) A licensee commits an offence if:

 (a) the licensee engages in conduct; and

 (b) the conduct contravenes a condition of the licensee’s licence.

Penalty: 500 penalty units.

Strict liability offence

 (7A) A licensee commits an offence of strict liability if the licensee contravenes a condition of the licensee’s licence.

Penalty: 60 penalty units.

Civil penalty provision

 (7B) A licensee is liable to a civil penalty if the licensee contravenes a condition of the licensee’s licence.

Civil penalty: 600 penalty units.

70  At the end of section 18

Add:

Methyl bromide definitions

 (10) For the purposes of this Act, methyl bromide is used:

 (a) for critical uses; or

 (b) for an emergency use; or

 (c) for laboratory and analytical uses;

if the use is:

 (d) exempt from a provision of the Montreal Protocol, under any decision made by the parties to the Montreal Protocol that applies to Australia, on account of being critical uses, an emergency use or laboratory and analytical uses (as the case requires); and

 (e) in compliance with the conditions of any such decision.

Note: Under the Montreal Protocol, critical uses includes laboratory and analytical uses.

 (11) For the purposes of this Act, methyl bromide is used for a QPS use if:

 (a) it is applied by, or with the authorisation of, a Commonwealth, State or Territory authority to prevent the introduction, establishment or spread of a pest or disease in Australia, a State or a Territory; or

 (b) it is applied to a commodity, before it is exported, to meet the requirements of the importing country or a law of the Commonwealth.

Note: QPS is short for quarantine and pre‑shipment.

71  Subsection 19(2)

Omit “controlled substances licence, an essential uses licence or a used substances licence”, substitute “licence, other than an equipment licence,”.

72  At the end of section 19

Add:

Note: A licence does not stop being in force only because it is suspended: see subsection 19D(4).

73  At the end of subsection 19AA(1)

Add “, subject to subsection (4)”.

74  Paragraph 19AA(3)(b)

After “prescribed by the regulations”, insert “(if any)”.

75  At the end of section 19AA

Add:

 (4) The holder of a suspended licence may not apply to the Minister for a renewal of any licence held by the person until the period of suspension ends or the suspension is revoked by the Minister.

76  Subsections 19AC(2) and (3)

Omit “(6B)”, substitute “(6A)”.

77  Subsections 19AD(1) and (2)

Omit “, for the purposes of sections 19AE and 66, to have refused the application”, substitute “to have refused the application under section 19AC”.

78  Subsection 19A(1)

After “all licences”, insert “(including suspended licences)”.

79  At the end of subsection 19A(2)

Add:

 ; or (d) the Paris Agreement.

80  Subsection 19B(1)

After “a licence”, insert “, other than a suspended licence,”.

81  After subsection 19B(4)

Insert:

Note: The mandatory fit and proper person considerations are set out in section 13B.

82  Subsection 19B(5)

Repeal the subsection.

83  Subsection 19C(1)

After “a licence”, insert “(including a suspended licence)”.

84  After section 19C

Insert:

19D  Suspension of licence

Circumstances that may lead to suspension

 (1) The Minister may suspend a licence if satisfied that the licensee:

 (a) is no longer a fit and proper person to hold a licence; or

 (b) has contravened a condition of the licence; or

 (c) is uncontactable.

Note: The mandatory fit and proper person considerations are set out in section 13B.

 (2) A licensee is uncontactable if, and only if, the Minister has made 2 or more reasonable attempts to contact the licensee during a period of 6 months ending immediately before the decision to suspend the licence, but has not been able to contact the licensee.

Suspension notices

 (3) The Minister must give the licensee written notice of the suspension (the suspension notice) specifying:

 (a) the reasons for the suspension; and

 (b) the day the suspension takes effect; and

 (c) either or both of the following:

 (i) the actions the licensee must take for the suspension to end;

 (ii) a fixed period for the suspension.

Effect of suspension

 (4) While suspended, the licence does not allow the licensee to carry out any activity that the licence would otherwise allow. However, the licence remains in force despite the suspension.

Suspension notices specifying required actions

 (5) If the suspension notice specifies actions the licensee must take for the suspension to end, the Minister must give written notice to the licensee when satisfied that the licensee has taken the specified actions.

When a suspension ends

 (6) The suspension ends in accordance with the following table:

Variation and revocation

 (7) The Minister may, by written notice given to the licensee, do either of the following if the Minister considers it appropriate to do so:

 (a) vary the suspension notice;

 (b) revoke the suspension.

85  Subsection 20(1)

After “may cancel a licence”, insert “(including a suspended licence)”.

86  After subsection 20(1)

Insert:

Note: The mandatory fit and proper person considerations are set out in section 13B.

87  Subsections 20(2) and (3)

Repeal the subsections.

88  Subsection 21(1)

After “a licence”, insert “(including a suspended licence)”.

89  At the end of paragraph 22(a)

Add “and”.

90  Paragraph 22(c)

After “licences”, insert “suspended,”.

91  At the end of subsection 25A(1)

Add “under a controlled substances licence”.

92  At the end of section 34

Add:

Note: A licence does not stop being in force only because it is suspended: see subsection 19D(4).

93  Subsections 35(2) and (2A)

Omit “A licensee may”, substitute “A licensee (including the licensee for a suspended licence) may”.

94  Subsection 35A(1)

After “by written notice given to a licensee”, insert “(including the licensee for a suspended licence)”.

95  After subsection 35A(1)

Insert:

 (1A) Before the time specified in the direction (or a later time specified in a notice under this subsection), the Minister may specify a later time by written notice given to the licensee.

96  Subsection 36B(1)

Repeal the subsection, substitute:

 (1) A regulated HFC activity is the manufacture or import of HFCs under an SGG licence.

Note 1: A licence is not required for the manufacture or import of HFCs and other SGGs in certain circumstances, or for certain purposes, prescribed by the regulations: see subsections 13(2) and 13AA(2).

Note 2: This Part does not apply to the import or export of HFCs for use on board ships or aircraft in certain circumstances: see section 12B.

97  At the end of section 36E

Add:

Note: An SGG licence does not stop being in force only because it is suspended: see subsection 19D(4).

98  Subsections 36F(2) and (3)

Omit “An SGG licensee may”, substitute “An SGG licensee (including the licensee for a suspended SGG licence) may”.

99  Subsection 36H(1)

After “by written notice given to an SGG licensee”, insert “(including the licensee for a suspended SGG licence)”.

100  Subsection 36H(1) (note 1)

Omit “Note 1”, substitute “Note”.

101  Subsection 36H(1) (note 2)

Repeal the note.

102  After subsection 36H(1)

Insert:

 (1A) Before the time specified in the direction (or a later time specified in a notice under this subsection), the Minister may specify a later time by written notice given to the licensee.

103  Part VI

Repeal the Part.

104  Before section 45A

Insert:

45AA  Simplified outline of this Part

105  Paragraph 45A(1)(a)

Repeal the paragraph, substitute:

 (a) prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

106  Paragraph 45A(1)(b)

Before “regulating”, insert “prohibiting or”.

107  After paragraph 45A(1)(b)

Insert:

 (ba) prohibiting or regulating the recovery, recycling or destruction of scheduled substances;

108  Paragraphs 45A(1)(d)

After “(b)”, insert “, (ba)”.

109  Paragraph 45A(1)(e)

After “(b),”, insert “(ba),”.

110  At the end of section 45A

Add:

 (3) The regulations may make provision for regulating something by providing for it, or anything relating to it, to be determined by the Minister, including by legislative instrument.

 (4) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

 (5) Regulations made for the purposes of this section must be consistent with Australia’s international obligations.

111  Sections 45B and 45C

Repeal the sections, substitute:

45B  Discharge of scheduled substances

Prohibition

 (1) A person contravenes this subsection if:

 (a) the person engages in conduct; and

 (b) the conduct results in the discharge of a scheduled substance; and

 (c) the discharge occurs in circumstances where it is likely that the scheduled substance will enter the atmosphere; and

 (d) the discharge is not in accordance with regulations made for the purposes of this paragraph.

Exception

 (2) Subsection (1) does not apply if the discharge occurs as a result of using equipment, that contains a scheduled substance, for the purpose for which the equipment was designed.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

 (3) For the purposes of subsection (2), the use of a halon fire extinguisher during, or in connection with, a training exercise is taken not to be a use of the extinguisher for the purpose for which it was designed.

Fault‑based offence

 (4) A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: 300 penalty units.

Strict liability offence

 (5) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

 (6) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 400 penalty units.

45C  Use of HCFC

 (1) A person contravenes this subsection if:

 (a) the person uses an HCFC; and

 (b) the HCFC was manufactured or imported on or after 1 January 2020; and

 (c) the use is not for a purpose prescribed by the regulations for the purposes of this paragraph.

Fault‑based offence

 (2) A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: 300 penalty units.

Strict liability offence

 (3) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

 (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 400 penalty units.

112  Before section 46

Insert:

46AA  Simplified outline of this Part

113  Section 46 (heading)

Repeal the heading, substitute:

46  Periodic reports in relation to scheduled substances

114  Subsection 46(1)

Repeal the subsection, substitute:

Requirement to report

 (1) A person who carries out any of the following activities during a reporting period must give the Minister a report in relation to the activity, in accordance with subsection (1A) of this section and the regulations:

 (a) manufacturing, importing or exporting a scheduled substance;

 (b) manufacturing, importing or exporting equipment under an equipment licence.

Note: For paragraph (b)—an equipment licence is not always required for the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation: see (for example) subsections 13(4) and (6), 13AA(4) and (6) to (9), and 13AB(4) and (6).

115  Subsection 46(1A)

Omit “15th day”, substitute “31st day”.

116  Subsections 46(2) to (2G)

Repeal the subsections, substitute:

Strict liability offence

 (2) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

 (3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 60 penalty units.

117  Subsection 48(1)

After “by a licensee”, insert “(including the licensee for a suspended licence)”.

118  Subsection 48(1)

Omit “, export or destruction”, substitute “or export”.

119  At the end of section 48

Add:

Note: A licensee may also have obligations in relation to the keeping and production of records, in relation to activities covered by section 45A, under regulations made for the purposes of that section.

120  Division 1 of Part VIII (heading)

Repeal the heading, substitute:

Division 1—Preliminary

121  Subdivision A of Division 1 of Part VIII (heading)

Repeal the heading.

122  Section 48A

Repeal the section, substitute:

48A  Simplified outline of this Part

123  Subsection 49(1)

Omit “Minister”, substitute “Secretary”.

124  Subsection 49(2)

Omit “The Minister shall”, substitute “The Secretary must”.

125  Subsections 49(3) and 49A(1)

Omit “Minister” (wherever occurring), substitute “Secretary”.

126  Section 50

Repeal the section.

127  Subdivisions B, C, D, E, F and G of Division 1 of Part VIII

Repeal the Subdivisions.

128  Division 2 of Part VIII

Repeal the Division, substitute:

Division 2—Monitoring powers

50  Monitoring powers

Provisions subject to monitoring

 (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:

 (a) each provision of this Act and the regulations;

 (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to one or more of the provisions mentioned in paragraph (a).

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions mentioned in this subsection have been complied with. It includes powers of entry and inspection.

Information subject to monitoring

 (2) Information given in compliance or purported compliance with a provision of this Act or the regulations is subject to monitoring under Part 2 of the Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

 (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):

 (a) the following provisions of the Customs Act 1901 are related to the provisions and the information:

 (i) subsections 50(4) and (7) (prohibited imports);

 (ii) subsections 112(2B) and (2BC) (prohibited exports);

 (b) an inspector is an authorised applicant; and

 (c) an inspector is an authorised person; and

 (d) a magistrate is an issuing officer; and

 (e) the Secretary is the relevant chief executive; and

 (f) a designated court is a relevant court.

Person assisting

 (4) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1), and the information mentioned in subsection (2).

Extension to external Territories

 (5) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), extends to every external Territory.

51  Modifications of Part 2 of the Regulatory Powers Act

Additional monitoring power

 (1) For the purposes of determining:

 (a) whether a provision mentioned in subsection 50(1) has been, or is being, complied with; or

 (b) the correctness of information mentioned in subsection 50(2);

the additional powers mentioned in subsection (2) are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.

 (2) The additional monitoring powers are:

 (a) the power to take samples of any thing on premises entered under Part 2 of the Regulatory Powers Act; and

 (b) the power to remove, test and analyse such samples; and

 (c) the power to secure premises entered under Part 2 of the Regulatory Powers Act; and

 (d) the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

 (e) the power to secure a container on premises entered under Part 2 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing).

Use of force in executing a monitoring warrant

 (3) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection 50(1) and the information mentioned in subsection 50(2) of this Act:

 (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

 (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Identity cards

 (4) A reference to an identity card in sections 25 and 26 and subsection 35(6) of the Regulatory Powers Act, as those provisions apply in relation to the provisions mentioned in subsection 50(1) and information mentioned in subsection 50(2) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or an officer of Customs, as the case may be.

 (5) Subsection 35(1) of the Regulatory Powers Act, as that subsection applies in relation to the provisions mentioned in subsection 50(1) and information mentioned in subsection 50(2) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is a member or special member of the Australian Federal Police, or an officer of Customs.

Period during which monitoring warrant may be in force

 (6) Paragraph 32(4)(f) of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 50(1) and information mentioned in subsection 50(2) of this Act as if the reference in that paragraph to 3 months were a reference to 6 months.

Division 2A—Investigation powers

52  Investigation powers

Provisions subject to investigation

 (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

 (a) a provision that creates an offence against this Act or the regulations; or

 (b) a civil penalty provision of this Act or the regulations.

Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

Note 2: For paragraph (a), see the definition of offence against this Act or the regulations in section 7.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

 (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):

 (a) the following provisions of the Customs Act 1901 are related to that evidential material:

 (i) subsections 50(4) and (7) (prohibited imports);

 (ii) subsections 112(2B) and (2BC) (prohibited exports); and

 (b) an inspector is an authorised applicant; and

 (c) an inspector is an authorised person; and

 (d) a magistrate is an issuing officer; and

 (e) the Secretary is the relevant chief executive; and

 (f) a designated court is a relevant court.

Person assisting

 (3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).

Extension to external Territories

 (4) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

53  Modifications of Part 3 of the Regulatory Powers Act

Additional investigative powers

 (1) The additional powers mentioned in subsection (2) are taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1).

 (2) The additional investigation powers are:

 (a) the power to take samples of any thing on premises entered under Part 3 of the Regulatory Powers Act; and

 (b) the power to remove, test and analyse such samples; and

 (c) the power to secure premises entered under Part 3 of the Regulatory Powers Act; and

 (d) the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

 (e) the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and

 (f) if the authorised person has the power to seize a thing (the seizable thing) under Part 3 of the Regulatory Powers Act—the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the inspector reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container.

Return of containers

 (3) Despite subsection 66(1) of the Regulatory Powers Act, the requirement under that subsection for the relevant chief executive to take reasonable steps to return a container or other thing, seized under the additional power mentioned in paragraph (2)(f) of this section, applies only from the following time:

 (a) subject to paragraph (b) of this subsection—the time that requirement applies in relation to the seizable thing;

 (b) if the seizable thing is the subject of a forfeiture notice under section 60A of this Act—the time:

 (i) the seizable thing is returned under subsection 60B(5) of this Act; or

 (ii) the seizable thing is forfeited to the Commonwealth under section 60C of this Act.

Note: Section 66 of the Regulatory Powers Act may not apply at all in relation to the container or other thing if the container or other thing is the subject of a forfeiture notice under section 60A of this Act: see subsection (4) of this section.

Goods subject to forfeiture notice

 (4) Sections 66 to 69 of the Regulatory Powers Act do not apply to a thing seized under Part 3 of that Act if the thing is the subject of a forfeiture notice under section 60A of this Act.

Operating equipment etc. that may contain evidential material

 (5) Subsection 50(1) of the Regulatory Powers Act is taken to include the power (subject to subsections 50(3) and (4) of that Act) to:

 (a) operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 52(1) of this Act; and

 (b) use a disk, tape or other storage device that:

 (i) is on those premises; and

 (ii) can be used with the equipment or is associated with it;

to find out whether the equipment, disk, tape or other storage device contains such evidential material.

When investigation warrant need not be announced

 (6) An additional circumstance in which subsection 56(2) of the Regulatory Powers Act is taken to authorise an authorised person not to comply with subsection 56(1) of that Act, in relation to an entry to premises under an investigation warrant to search for evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is that the authorised person believes on reasonable grounds that immediate entry to the premises is required to prevent serious damage to the environment.

Note: Subsection 56(3) of the Regulatory Powers Act requires the authorised person’s identity card to be shown as soon as practicable after entering the premises if the authorised person does not comply with subsection 56(1) of that Act because of subsection 56(2) of that Act.

Use of force in executing an investigation warrant

 (7) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act:

 (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

 (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Identity cards

 (8) A reference to an identity card in sections 55 and 56 and subsection 76(6) of the Regulatory Powers Act, as those provisions apply in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or an officer of Customs, as the case may be.

 (9) Subsection 76(1) of the Regulatory Powers Act, as that subsection applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is a member or special member of the Australian Federal Police, or an officer of Customs.

54  Directions about dealing with pressurised containers

Directions

 (1) The Secretary may, by writing, direct an inspector to deal with a pressurised container seized under Part 3 of the Regulatory Powers Act (as that Part operates because of this Part), and its contents, in a manner specified in the direction. The inspector must comply with the direction.

 (2) A direction under subsection (1) may require the pressurised container and its contents to be destroyed.

 (3) A direction under subsection (1) may be given only:

 (a) on application by an inspector; and

 (b) if the Secretary is satisfied that the pressurised container:

 (i) constitutes a danger to public health and safety; or

 (ii) may cause damage to the environment.

 (4) If the Secretary gives a direction under subsection (1), then sections 66 to 69 of the Regulatory Powers Act do not apply to the container or its contents.

 (5) A direction under subsection (1) is not a legislative instrument.

Compensation

 (6) If a pressurised container and its contents are destroyed under this section, the owner of the container may apply to a designated court for compensation.

 (7) On application under subsection (6), the designated court must order the Commonwealth to pay compensation if the court is satisfied that the pressurised container is not, or did not contain, forfeitable goods.

 (8) The amount of compensation ordered must be the market value of the pressurised container and its contents at the time they were destroyed.

129  Subsection 57(1)

Repeal the subsection, substitute:

 (1) For the purposes of this Act, the following are forfeitable goods:

 (a) scheduled substances in respect of the manufacture of which person has contravened subsection 13(1);

 (b) scheduled substances in respect of the import of which a person has contravened subsection 13AA(1);

 (c) scheduled substances in respect of the export of which a person has contravened subsection 13AB(1);

 (d) equipment that contains a scheduled substance, and the scheduled substance itself, if a person has contravened subsection 13(3), 13AA(3) or 13AB(3) in respect of the manufacture, import or export of the equipment;

 (e) equipment that uses a scheduled substance in its operation, if a person has contravened subsection 13(5), 13AA(5) or 13AB(5) in respect of the manufacture, import or export of the equipment;

 (f) a non‑refillable container, and any scheduled substance it contains, if a person has contravened the licence condition specified in item 7 of the table in subsection 18(1) in respect of the import of the scheduled substance in the container;

 (g) prescribed goods in respect of which a person has contravened a prescribed provision of the regulations.

 (1A) Without limiting subsection (1), a person is taken to have contravened a provision for the purposes of that subsection if:

 (a) the person is convicted of an offence against this Act or the regulations for a contravention of the provision; or

 (b) a civil penalty order is made against the person for a contravention of the provision.

130  Subsection 58(1)

Omit “Where a person is convicted of an offence against a provision of this Act or the regulations”, substitute “If a person is convicted of an offence against this Act or the regulations for a contravention of a provision”.

131  Subsection 58(2)

Omit “has been made against a person for a contravention of a civil penalty provision”, substitute “is made against a person for a contravention of a provision”.

132  Section 60

Repeal the section, substitute:

60  Persons not to move etc. seized goods

Causing seized goods to be moved etc.

 (1) A person contravenes this subsection if:

 (a) the person engages in conduct; and

 (b) the conduct causes goods to be moved, altered or interfered with; and

 (c) the goods are the subject of a notice under subsection 59(2).

 (2) Subsection (1) does not apply if the person engages in the conduct in accordance with a direction given to the person by the Secretary.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Failing to take precautions to prevent moving etc. of seized goods

 (3) A person contravenes this subsection if:

 (a) the person is given under subsection 59(3) a copy of a notice under subsection 59(2); and

 (b) the person fails to take all reasonable precautions, or to exercise all due diligence, to prevent the moving, alteration or interference with the goods to which the notice relates except in accordance with a direction given by the Secretary.

Penalties

 (4) A person commits an offence if the person contravenes subsection (1) or (3).

Note: The physical elements of an offence against this subsection are set out in the subsection contravened (see subsection 6B(3)).

Penalty: 500 penalty units.

 (5) A person commits an offence of strict liability if the person contravenes subsection (1) or (3).

Penalty: 60 penalty units.

 (6) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).

Civil penalty: 600 penalty units.

133  Paragraph 60A(1)(a)

Omit “section 53”, substitute “section 49 or 52 of the Regulatory Powers Act”.

134  Paragraph 60D(1)(a)

Omit “section 53”, substitute “section 49 or 52 of the Regulatory Powers Act”.

135  Paragraph 60D(1)(b)

After “section 60C”, insert “of this Act”.

136  Subparagraph 60D(2)(b)(i)

Omit “Division 1”, substitute “Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act,”.

137  At the end of Division 3 of Part VIII

Add:

Note: Sections 66 to 69 of the Regulatory Powers Act do not apply to goods that are the subject of a forfeiture notice under section 60A of this Act: see subsection 53(4) of this Act.

138  Divisions 4 to 7 of Part VIII

Repeal the Divisions, substitute:

Division 4—Civil penalties

62  Civil penalty provisions

Enforceable civil penalty provisions

 (1) Each civil penalty provision of this Act or the regulations is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

 (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions mentioned in subsection (1).

Relevant court

 (3) For the purposes of Part 4 of the Regulatory Powers Act, a designated court is a relevant court in relation to the civil penalty provisions mentioned in subsection (1).

Extension to external Territories

 (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions mentioned in subsection (1), extends to every external Territory.

Liability of Crown

 (5) To avoid doubt, subsection 5(2) of this Act does not prevent the Crown from being liable to pay a pecuniary penalty under a civil penalty order under Part 4 of the Regulatory Powers Act, as that Part applies in relation to this Act.

Division 5—Infringement notices

63  Infringement notices

Provisions subject to an infringement notice

 (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:

 (a) each provision of this Act or the regulations, contravention of which constitutes an offence of strict liability;

 (b) each civil penalty provision of this Act or the regulations.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

 (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive

 (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).

Extension to external Territories

 (4) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 6—Enforceable undertakings

64  Enforceable undertakings

Enforceable provisions

 (1) The provisions of this Act and the regulations are enforceable under Part 6 of the Regulatory Powers Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

 (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

 (3) For the purposes of Part 6 of the Regulatory Powers Act, a designated court is a relevant court in relation to the provisions mentioned in subsection (1).

Enforceable undertaking may be published on Department’s website

 (4) The Secretary may cause an undertaking given under Part 6 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) to be published on the Department’s website.

Extension to external Territories

 (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 7—Injunctions

64A  Injunctions

Enforceable provisions

 (1) The provisions of this Act and the regulations are enforceable under Part 7 of the Regulatory Powers Act.

Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

 (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

 (3) For the purposes of Part 7 of the Regulatory Powers Act, a designated court is a relevant court in relation to the provisions mentioned in subsection (1).

Extension to external Territories

 (4) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 8—Notices to produce

64B  Secretary may require person to provide information etc.

Scope

 (1) This section applies if the Secretary believes, on reasonable grounds, that a person is capable of giving information, or producing any document, that is relevant for the purposes of investigating or preventing:

 (a) an offence against this Act or the regulations; or

 (b) a contravention of a civil penalty provision of this Act or the regulations.

Note: For paragraph (a), see the definition of offence against this Act or the regulations in section 7.

Notice to produce

 (2) The Secretary may, by written notice, require the person to give the information, or produce the document, to an inspector.

 (3) The notice must specify the following:

 (a) how the person is to give the information or produce the document;

 (b) the period (which must be at least 14 days after the day the notice is given) within which the person is to give the information or produce the document;

 (c) the effect of subsection (4) and sections 137.1 and 137.2 of the Criminal Code.

 (4) A person contravenes this subsection if:

 (a) the person is given a notice under subsection (2); and

 (b) the person fails to comply with the notice within the period specified in the notice.

Strict liability offence

 (5) A person commits an offence of strict liability if the person contravenes subsection (4).

Penalty: 30 penalty units.

Civil penalty

 (6) A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty: 30 penalty units.

Individuals not excused from giving information or producing documents in certain circumstances

 (7) An individual is not excused from giving information or producing a document under this section on the ground that giving the information or producing the document might tend to incriminate the individual in relation to an offence.

Note: A body corporate is not entitled to claim the privilege against self‑incrimination.

 (8) However:

 (a) the information given or document produced; and

 (b) the giving of the information or the production of the document; and

 (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information or the production of the document;

are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against:

 (d) this section; or

 (e) section 137.1 or 137.2 of the Criminal Code that relates to this section.

 (9) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information or producing a document under this section, the individual is not excused from giving the information or producing the document under this section on that ground.

Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.

139  Before section 65A

Insert:

65  Simplified outline of this Part

140  Section 65A (definition of ODS)

Repeal the definition.

141  Paragraphs 65C(1)(aa) to (a)

Repeal the paragraphs, substitute:

 (a) amounts received by the Commonwealth under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 or the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;

142  Subparagraph 65D(b)(i)

Repeal the subparagraph, substitute:

 (i) programs to phase out or phase down scheduled substances;

143  Subparagraph 65D(b)(ii)

Omit “ODSs and SGGs”, substitute “scheduled substances”.

144  At the end of section 65D

Add:

 ; (e) refunding or remitting, in accordance with regulations made for the purposes of subsection 70(4), amounts received by the Commonwealth as fees for applications under this Act or the regulations.

145  After Part VIIIA

Insert:

Part VIIIB—Information sharing

Division 1—Outline of this Part

65E  Simplified outline of this Part

Division 2—Authorised uses and disclosures by Minister

65F  Disclosure of relevant information to Commonwealth entities

  The Minister may disclose relevant information to a Commonwealth entity if the Minister is satisfied the disclosure is for the purposes of assisting the entity to perform its functions or exercise its powers.

65G  Disclosure of relevant information to State or Territory government body

  The Minister may disclose relevant information to a State or Territory government body if:

 (a) the Minister reasonably believes that the disclosure of the information is necessary for the purposes of:

 (i) the Minister performing functions, or exercising powers, under this Act; or

 (ii) the administration of a State or Territory law; and

 (b) the State or Territory government body has undertaken not to use or further disclose the information except in accordance with an agreement that:

 (i) is in force between the Commonwealth and the State or Territory; and

 (ii) applies in relation to the information; and

 (c) the Minister is satisfied that the information will be used and further disclosed only in accordance with the agreement.

65H  Disclosure for the purposes of law enforcement

 (1) The Minister may disclose relevant information to an enforcement body if:

 (a) the Minister reasonably believes that the disclosure of the information is necessary for:

 (i) the enforcement of the criminal law; or

 (ii) the enforcement of a law imposing a pecuniary penalty; or

 (iii) the protection of public revenue; and

 (b) the functions of that body include that enforcement or protection.

 (2) Each of the following is an enforcement body:

 (a) a Commonwealth entity;

 (b) a State or Territory government body;

 (c) the Australian Federal Police;

 (d) the police force or police service of a State or Territory.

65J  Use or disclosure to reduce serious risk to human health

  The Minister may use or disclose relevant information if the Minister reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to human health.

65K  Use or disclosure to reduce serious risk to the environment

  The Minister may use or disclose relevant information if the Minister reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to the environment.

Division 3—Authorised uses and disclosures by entrusted persons

65L  Use or disclosure for the purposes of an Act

  An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of this Act or another Act administered by the Minister.

65M  Publicly available information

  An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.

65N  Person to whom information relates

  An entrusted person may disclose relevant information to the person to whom the information relates.

65P  Use or disclosure with consent

  An entrusted person may use or disclose relevant information that relates to a person if:

 (a) the person has consented to the use or disclosure; and

 (b) the use or disclosure is in accordance with that consent.

65Q  Person who provided information

  An entrusted person may disclose relevant information to the person who provided the information.

65R  Summaries or statistics

  An entrusted person may use or disclose:

 (a) summaries of relevant information; or

 (b) statistics derived from relevant information;

if those summaries or statistics do not enable the identification of a person.

65S  Disclosure to a court, tribunal etc.

  An entrusted person may disclose relevant information, or a document containing relevant information:

 (a) for the purposes of proceedings before:

 (i) a court; or

 (ii) a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or

 (b) in accordance with an order of a court or such a tribunal, authority or person.

65T  Use for the purposes of disclosure

  An entrusted person may use relevant information for the purpose of disclosing the relevant information under this Division.

Division 4—Offences

65U  Unauthorised use or disclosure of protected information—entrusted person

Unauthorised use or disclosure

 (1) A person contravenes this subsection if:

 (a) the person is, or has been, an entrusted person; and

 (b) the person has obtained relevant information in the person’s capacity as an entrusted person; and

 (c) the information is protected information; and

 (d) the person uses or discloses the information.

Exceptions

 (2) However, subsection (1) does not apply if the use or disclosure is authorised or required by:

 (a) this Act; or

 (b) any other law of the Commonwealth; or

 (c) a prescribed law of a State or a Territory.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Fault‑based offence

 (3) A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence

 (4) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

 (5) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.

65V  Unauthorised use or disclosure of protected information—official of Commonwealth entity

 (1) A person contravenes this subsection if:

 (a) the person is, or has been, an official of a Commonwealth entity; and

 (b) the person has obtained relevant information in the person’s capacity as an official of the entity; and

 (c) the information is protected information that was disclosed to the entity under section 65F; and

 (d) the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.

Fault‑based offence

 (2) A person commits an offence if the person contravenes subsection (1).

Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)).

Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence

 (3) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

 (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.

Part VIIIC—Review of decisions

65W  Simplified outline of this Part

65X  Reviewable decisions

  Each of the following decisions of the Minister is a reviewable decision:

 (a) a decision under section 16 to refuse to grant a licence (including a decision that is taken to have been made under section 17);

 (b) a decision under section 18 to impose, revoke or vary a licence condition;

 (c) a decision under section 19AC to refuse to renew a licence (including a decision that is taken to have been made under section 19AD);

 (d) a decision under section 19A to terminate a licence;

 (e) a decision under section 19B to refuse to transfer a licence;

 (f) a decision under section 19C to refuse to amend a licence;

 (g) a decision under subsection 19D(1) to suspend a licence;

 (h) a decision under subsection 19D(3) to specify either or both of the following in a suspension notice given under that subsection:

 (i) actions the licensee must take for the suspension to end;

 (ii) a fixed period for the suspension;

 (i) a decision under paragraph 19D(7)(a) to vary a suspension notice;

 (j) a decision under section 20 to cancel a licence;

 (k) a decision under section 28 to allocate, or refuse to allocate, a quota;

 (l) a decision under section 33 to vary or revoke a reserve HCFC quota;

 (m) a decision under section 35A to direct a licensee to export a quantity of HCFCs;

 (n) a decision under section 36H to direct an SGG licensee to export a quantity of HFCs.

65Y  Notification of reviewable decisions etc.

 (1) As soon as practicable after a reviewable decision is made, the Minister must give the applicant or licensee concerned a written notice of the decision containing:

 (a) the reasons for the decision; and

 (b) details of the applicant’s or licensee’s right to have the decision reconsidered under section 65ZA or to apply for review of the decision under section 65ZC (as the case requires).

 (2) A notice is taken to have been given under subsection (1) if the reasons, and details mentioned in paragraph (1)(b), are contained in a written notice of the reviewable decision under another provision of this Act.

 (3) Failure to give a notice under subsection (1) (including as mentioned in subsection (2)) in relation to a reviewable decision does not affect the validity of the reviewable decision.

65Z  Reconsideration of reviewable decisions—application for reconsideration

 (1) An applicant or licensee may apply to the Minister to reconsider a reviewable decision (the original decision) made in relation to the applicant or licensee, other than:

 (a) a reviewable decision made by the Minister personally; or

 (b) a reconsideration decision.

 (2) The application must:

 (a) be in writing; and

 (b) be made within:

 (i) 21 days after the day on which the original decision is made (or taken to have been made); or

 (ii) if, either before or after the end of that 21‑day period, the Minister extends the period within which the application may be made—the extended period; and

 (c) set out the reasons why the applicant or licensee wants the original decision reconsidered.

65ZA  Reconsideration of reviewable decisions—conducting the reconsideration

Conducting reconsideration

 (1) On receiving an application under section 65Z, the Minister must reconsider the original decision.

 (2) If a delegate of the Minister is to reconsider the original decision, the delegate must:

 (a) not have been involved in making the original decision; and

 (b) except in the case of a decision taken to have been made under section 17 or 19AD—occupy a position that is at least as senior as that occupied by the person who made the original decision.

Seeking further information

 (3) The Minister may, by written notice, require the applicant or licensee to give the Minister further information about the application for reconsideration.

 (4) If further information is sought, the applicant or licensee must provide the requested information within 30 days after the day notice is given under subsection (3).

65ZB  Reconsideration of reviewable decisions—reconsideration decision

Decision on reconsideration

 (1) After reconsidering the original decision, the Minister:

 (a) must affirm, vary or set aside the original decision; and

 (b) if the original decision is set aside—may make such other decision as the Minister thinks appropriate.

Notice of reconsideration decision

 (2) As soon as practicable after making a decision under subsection (1) (the reconsideration decision), the Minister must give the applicant or licensee written notice of the reconsideration decision containing:

 (a) reasons for the reconsideration decision; and

 (b) details of the applicant’s or licensee’s right to apply for review of the reconsideration decision under section 65ZC.

 (3) Failure to give a notice under subsection (2) in relation to the reconsideration decision does not affect the validity of the reconsideration decision.

When reconsideration decision takes effect

 (4) The reconsideration decision takes effect:

 (a) on the day specified in the notice of the reconsideration decision given under subsection (2); or

 (b) if a day is not specified—on the day the reconsideration decision is made, or taken to have been made (see subsection (5)).

Original decision taken to be affirmed if no decision made

 (5) The Minister is taken to have made a reconsideration decision affirming the original decision if the Minister does not make a reconsideration decision on the application before the end of whichever of the following periods is applicable:

 (a) the period of 60 days starting on the day after the application for reconsideration was made, unless paragraph (b) or (c) applies;

 (b) if the Minister has requested further information by a notice given under subsection 65ZA(3) and such information is provided—the period of 60 days starting on the day after the information is provided;

 (c) if the Minister has requested further information by a notice given under subsection 65ZA(3) and such information is not provided—the period of 90 days starting on the day after the notice was given under that subsection.

65ZC  Review of decisions by Administrative Appeals Tribunal

  Applications may be made to the Administrative Appeals Tribunal for review of the following decisions:

 (a) a reviewable decision made by the Minister personally;

 (b) a reconsideration decision.

146  Section 66

Repeal the section, substitute:

66  Simplified outline of this Part

This Part deals with miscellaneous matters, such as approved forms, delegations, annual reports, collection of levies, constitutional matters and regulations.

147  Section 67

Repeal the section.

148  Section 67A (at the end of the heading)

Add “by the Minister”.

149  Before paragraph 67A(1)(a)

Insert:

 (aa) the Secretary; or

150  Subsection 67A(2)

Omit “, 20 or 53K”, substitute “or 20”.

151  After section 67A

Insert:

67AA  Delegation by the Secretary

 (1) The Secretary may, by writing, delegate all or any of the Secretary’s powers and functions under this Act or the regulations, or under any of Parts 2 to 7 of the Regulatory Powers Act (as those Parts apply in relation to this Act), to:

 (a) an SES employee or acting SES employee in the Department; or

 (b) for a power or function under section 66 or 67 of the Regulatory Powers Act—an inspector.

 (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Secretary.

152  Paragraph 69(1)(a)

Omit “60 days”, substitute “90 days”.

153  Section 69B

Repeal the section, substitute:

69B  Constitutional basis of this Act

  This Act (other than Part VIIIB) relies on the Commonwealth’s legislative powers under paragraph 51(xxix) (external affairs) of the Constitution as it relates to giving effect to Australia’s obligations under relevant international agreements, in particular:

 (a) the Vienna Convention; and

 (b) the Montreal Protocol; and

 (c) the Framework Convention on Climate Change; and

 (d) the Kyoto Protocol; and

 (e) the Paris Agreement.

Note: Part VIIIB is about information sharing. That Part relies on a range of legislative powers of the Commonwealth.

69BA  Additional operation of this Act

Additional operation of this Act in relation to particular activities

 (1) In addition to section 69B, this Act also has effect as provided by this section in relation to the following activities:

 (a) manufacturing, importing or exporting a substance, scheduled substance or type of scheduled substance;

 (b) distributing, disposing of, purchasing or acquiring a substance, scheduled substance or type of scheduled substance;

 (c) storing, using or handling a substance, scheduled substance or type of scheduled substance;

 (d) engaging in conduct that results in the discharge of a substance, scheduled substance or type of scheduled substance;

 (e) recovering, recycling or destroying a substance, scheduled substance or type of scheduled substance.

 (2) In addition to section 69B, this Act also has effect as provided by this section in relation to the manufacture, import or export of equipment, or a kind of equipment, that:

 (a) uses a scheduled substance in its operation; or

 (b) contains a scheduled substance.

Corporations

 (3) This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to such an activity carried out by a corporation to which paragraph 51(xx) of the Constitution applies.

Territories

 (4) This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to:

 (a) such an activity carried out by a body corporate that is incorporated in a Territory; or

 (b) such an activity carried out in a Territory.

Trade and commerce

 (5) This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to such an activity carried out in the course of:

 (a) trade and commerce between Australia and places outside Australia; or

 (b) trade and commerce among the States; or

 (c) trade and commerce between a State and a Territory.

Agencies of the Commonwealth

 (6) This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to:

 (a) such an activity carried out in the supply of goods or services to the Commonwealth, or a corporate Commonwealth entity or a Commonwealth company (both within the meaning of the Public Governance, Performance and Accountability Act 2013); or

 (b) such an activity carried out by the Commonwealth, or a corporate Commonwealth entity or a Commonwealth company (both within the meaning of that Act).

Communications

 (7) This Act also has the effect it would have if a reference to an activity mentioned in subsection (1) or (2) was expressly confined to such an activity undertaken using a service to which paragraph 51(v) of the Constitution applies.

154  Subsection 69E(1)

After “the regulations”, insert “, or the Regulatory Powers Act as that Act operates because of this Act,”.

155  Sections 69F and 69G

Repeal the sections.

156  Section 70

Repeal the section, substitute:

70  Regulations

 (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Offences

 (2) The regulations may prescribe penalties, not exceeding a fine of 50 penalty units, for offences against the regulations.

Civil penalty provisions

 (3) The regulations may prescribe pecuniary penalties, not exceeding 60 penalty units, for contravening civil penalty provisions in the regulations.

Fees

 (4) The regulations may provide for:

 (a) the charging and recovery of fees for applications under this Act or the regulations (including by non‑government bodies); and

 (b) the remission, refund or waiver of those fees, or the exemption of persons from payment of those fees.

 (5) A fee must not be such as to amount to taxation.

Incorporation etc. of international agreements etc.

 (6) Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating any matter contained in the following as in force or existing from time to time:

 (a) the Vienna Convention;

 (b) the Montreal Protocol;

 (c) the Framework Convention on Climate Change;

 (d) the Kyoto Protocol;

 (e) the Paris Agreement;

 (f) a decision adopted or made under an international agreement covered by any of paragraphs (a) to (e).

157  Parts I to IV of Schedule 1

Repeal the Parts, substitute:

1  CFCs

  For the purposes of the definitions of CFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

2  Halons

  For the purposes of the definitions of halon and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

3  Carbon tetrachloride

  For the purposes of the definition of scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

4  Methyl chloroform

  For the purposes of the definition of scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.

Note: The formula C2H3Cl3 does not refer to 1,1,2‑trichloroethane.

158  Part V (heading) of Schedule 1

Repeal the heading, substitute:

5  HCFCs

  For the purposes of the definitions of HCFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item and the 100‑year global warming potential for the substance (if any) is specified in column 3 of the item.

159  Parts VI to VIII of Schedule 1

Repeal the Parts, substitute:

6  HBFCs

  For the purposes of the definitions of HBFC and scheduled substance in section 7, this clause covers a substance mentioned in an item of the following table. The ozone depleting potential for the substance is specified in column 2 of the item.