Commonwealth Consolidated Acts

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 13

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.