This instrument is the Customs Legislation Amendment (Ozone Depleting Substances and Synthetic Greenhouse Gases) Regulations 2023.

(1) Each provision of this instrument 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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	At the same time as Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022 commences.	13 June 2023

Note: This table relates only to the provisions of this instrument as originally made.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

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

3 Authority

This instrument is made under the Customs Act 1901.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Customs (Prohibited Exports) Regulations 1958

1 Subregulation 2(1)

Repeal the following definitions:

(a) definition of CFC;

(b) definition of HBFC;

(d) definition of HFC;

(e) definition of nitrogen trifluoride;

(f) definition of PFC;

(g) definition of SGG;

(h) definition of sulfur hexafluoride.

2 Regulation 13F

Repeal the regulation, substitute:

13F Exportation of ozone depleting substances and synthetic greenhouse gases

Prohibition

(1) The exportation from Australia (except to an external Territory) of the following is prohibited unless subregulation (2) applies:

(a) a scheduled substance (within the meaning of the OPSGGM Act);

(b) equipment that contains such a substance, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AB(3)(d) of the OPSGGM Act;

(c) equipment that uses such a substance in its operation, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AB(5)(d) of that Act.

Exception

(2) This subregulation applies if:

(a) none of subsections 13AB(1), (3) and (5) of the OPSGGM Act are contravened in relation to the exportation; and

(b) if the exportation is allowed by a licence granted under section 16 of that Act—the licence, or a copy of the licence, is produced to a Collector.

Note 1: A suspended licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4) of the OPSGGM Act.

Note 2: A number of provisions of the OPSGGM Act affect whether a person contravenes subsection 13AB(1), (3) or (5) of that Act. See (for example):

(a) section 12B of that Act (exportation of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft); and

(b) for the exportation of a substance—subsection 13AB(2) of that Act; and

(d) for the exportation of equipment that uses a substance in its operation—subsection 13AB(6) of that Act.

References to substances and equipment

(3) Section 9 of the OPSGGM Act (references to scheduled substances and equipment) applies in relation to this regulation as if this regulation were a provision of that Act.

Definition

(4) In this regulation:

equipment has the same meaning as in the OPSGGM Act.

OPSGGM Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

3 Schedule 15

Repeal the Schedule.

Customs (Prohibited Imports) Regulations 1956

4 Subregulation 2(1)

Repeal the following definitions:

(a) definition of CFC;

(b) definition of HCFC;

(d) definition of nitrogen trifluoride;

(e) definition of PFC;

(f) definition of SGG;

(g) definition of sulfur hexafluoride.

5 Regulation 5K

Repeal the regulation, substitute:

5K Importation of ozone depleting substances and synthetic greenhouse gases

Prohibition

(1) The importation into Australia (except from an external Territory) of the following is prohibited unless subregulation (2) applies:

(a) a scheduled substance (within the meaning of the OPSGGM Act);

(b) equipment that contains such a substance;

(c) equipment that uses such a substance in its operation, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AA(5)(d) of the OPSGGM Act.

Exception

(2) This subregulation applies if:

(a) none of subsections 13AA(1), (3) and (5) of the OPSGGM Act are contravened in relation to the importation; and

(b) if the importation is allowed by a licence granted under section 16 of that Act:

(i) the licence, or a copy of the licence, is produced to a Collector; and

(ii) in the case of a substance imported in a non‑refillable container—the conditions (if any) prescribed by regulations made for the purposes of item 7 of the table in subsection 18(1) of that Act in relation to the container and the import are satisfied.

Note 1: A suspended licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4) of the OPSGGM Act.

Note 2: A number of provisions of the OPSGGM Act affect whether a person contravenes subsection 13AA(1), (3) or (5) of that Act. See (for example):

(a) section 12B of that Act (importation of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft); and

(b) for the importation of a substance—subsection 13AA(2) of that Act; and

(d) for the importation of equipment that uses a substance in its operation—subsections 13AA(6), (7), (8) and (9) of that Act.