Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A licence is subject to the conditions specified in the applicable item or items (if any) of the following table:
Licence conditions | ||
Item | Column 1 | Column 2 Conditions |
1 | A controlled substances licence that allows the licensee to manufacture, import or export HCFCs | (a) the licensee must not engage in a regulated HCFC activity in a quota period unless the licensee has been allocated: (i) an HCFC quota for that period; or (ii) a reserve HCFC quota; that is in force when the licensee engages in the activity; and (b) if the licensee has been allocated an HCFC quota for a quota period--the licensee must ensure that the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the quota period is not more than the total of: (i) that quota; and (ii) any reserve HCFC quotas allocated to the licensee that are in force at any time in the quota period; and (c) if the licensee has been allocated a reserve HCFC quota that is in force for a period (the reserve period ) in a quota period, but has not been allocated an HCFC quota for that quota period--the licensee must ensure that the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the reserve period is not more than that reserve HCFC quota; and (d) the licensee must comply with any directions the Minister gives to the licensee under section 35A (directions to export HCFCs if quota exceeded). |
1A | A controlled substances licence that allows the licensee to manufacture, import or export methyl bromide | The licensee may manufacture, import or export methyl bromide only for one or more of the following purposes, as set out in the licence: (a) critical uses (including laboratory and analytical uses); (b) an emergency use; (c) a QPS use; |
2 | A licence (other than an SGG licence) that allows the licensee to import a scheduled substance | The licensee must only import the substance from a country that is a party to the Montreal Protocol. |
3 | A licence (other than an SGG licence) that allows the licensee to export a scheduled substance | The licensee must only export the substance to a country that is a party to the Montreal Protocol. |
4 | An SGG licence | (a) the SGG licensee must not engage in a regulated HFC activity in a calendar year unless the licensee has been allocated: (i) an HFC quota for the year; or (ii) a reserve HFC quota; that is in force when the licensee engages in the activity; and (b) if the SGG licensee has been allocated an HFC quota for a calendar year--the licensee must ensure that the total quantity of HFCs, expressed in CO 2 e megatonnes, involved in regulated HFC activities engaged in by the licensee in the year is not more than the total of: (i) that quota; and (ii) any reserve HFC quotas allocated to the licensee that are in force at any time in the year; and (c) if the SGG licensee has been allocated a reserve HFC quota that is in force for a period (the reserve period) in a calendar year, but has not been allocated an HFC quota for the year--the licensee must ensure that the total quantity of HFCs, expressed in CO 2 e megatonnes, involved in regulated HFC activities engaged in by the licensee in the reserve period is not more than that reserve HFC quota; and (d) the SGG licensee must comply with any directions the Minister gives to the licensee under section 36H (directions to export HFCs if quota exceeded). |
5 | An SGG licence that allows the SGG licensee to import HFCs | The SGG licensee must only import HFCs from a country that is a party to the Montreal Protocol. |
6 | An SGG licence that allows the SGG licensee to export HFCs | The SGG licensee must only export HFCs to a country that is a party to the Montreal Protocol. |
7 | A licence (other than an equipment licence) that allows the licensee to import a scheduled substance | The licensee must not import the substance in a non - refillable container, unless the conditions (if any) prescribed by the regulations for the purposes of this item in relation to the container and the import are satisfied. |
8 | The licensee must comply with any directions the Minister gives to the licensee under either of the following sections: (a) section 35A (directions to export HCFCs if quota exceeded); (b) section 36H (directions to export HFCs if quota exceeded). | |
Note 1: For the quantity of HCFCs that is taken to be involved in regulated HCFC activities, see subsection 25A(2).
Note 2: For the quantity of HFCs that is taken to be involved in regulated HFC activities, see subsection 36B(2).
(2) The conditions mentioned in items 5 and 6 of the table in subsection (1) do not apply to importing or exporting SGGs before the day the changes to Article 4 of the Montreal Protocol set out in Article I of the Kigali Amendment enter into force for Australia.
(3) The Minister must announce, by notifiable instrument, the day the changes come into force for Australia.
Note: The changes cannot come into force before 1 January 2033.
Other conditions
(4) The Minister may, when granting a licence or at any time afterwards, impose other conditions on the licence.
(5) A condition imposed under subsection (4) has no effect unless it is set out in the licence, or in a written notice given to the licensee.
(6) The following are examples of the kinds of conditions the Minister may impose under subsection (4):
(a) conditions about the quantity of particular scheduled substances that the licensee may manufacture, import or export, as the case may be, during any period while the licence is in force;
(b) conditions prohibiting the licensee from doing anything otherwise covered by the licence unless the licensee also holds another type of licence;
(c) conditions about the purpose or purposes for which particular scheduled substances may be manufactured, imported or exported, as the case may be, under the licence;
(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);
(d) conditions requiring the licensee to give written reports to the Minister.
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.
Strict liability offence
(7A) A licensee commits an offence of strict liability if the licensee contravenes a condition of the licensee's licence.
(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.
Varying or revoking conditions
(8) The Minister may, on his or her own initiative or on written application by the licensee, vary or revoke a condition imposed under subsection (4).
(9) A variation or revocation of a condition must be by written notice given to the licensee.
(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.