Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"100-year global warming potential" of a scheduled substance means the 100 - year global warming potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.
"approved form" means a form approved under section 66A.
"Australia" includes all the external Territories.
"bulk scheduled substance" has the meaning given by section 9.
"CFC" (short for chlorofluorocarbon) means a substance covered by clause 1 of Schedule 1, whether existing alone or in a mixture.
"civil penalty order" has the same meaning as in the Regulatory Powers Act.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"CO" 2e megatonnes has the meaning given by section 9A.
"Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"containing" : equipment containing a scheduled substance has a meaning affected by section 9.
"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 ).
"controlled substances licence" means a licence referred to in subsection 13A(2).
"critical uses" , of methyl bromide, has the meaning given by subsection 18(10).
"designated court" means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the regulations.
Note: For jurisdiction of State and Territory courts, see sections 69C and 69D.
"distribution" includes sale and supply, whether for consideration or not.
"emergency use" , of methyl bromide, has the meaning given by subsection 18(10).
"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.
"equipment" includes products.
"equipment licence" means a licence referred to in subsection 13A(6).
"essential use" has the meaning given by subsection 13A(3B).
"essential uses licence" means a licence referred to in subsection 13A(3).
"executive officer" of a body corporate means:
(a) a director of the body corporate; or
(b) the chief executive officer (however described) of the body corporate; or
(c) the chief financial officer (however described) of the body corporate; or
(d) the secretary of the body corporate.
"export" , in relation to goods or a substance, means do an act that constitutes exportation of the goods or substance from Australia within the meaning of section 112 of the Customs Act 1901 , or would constitute such exportation if the external Territories were part of Australia for the purposes of that Act.
"feedstock" means an intermediate substance which is used to manufacture other chemicals.
"feedstock licence" means a licence referred to in subsection 13A(5).
"forfeitable goods" has the meaning given by section 57.
"forfeiture notice" means a notice under subsection 60A(1).
"Framework Convention on Climate Change" means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as in force for Australia from time to time.
Note: The Framework Convention, as originally in force for Australia, is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"halon" means any substance covered by clause 2 of Schedule 1, whether existing alone or in a mixture.
"HBFC" (short for hydrobromofluorocarbon) means a substance covered by clause 6 of Schedule 1, whether existing alone or in a mixture.
"HCFC" (short for hydrochlorofluorocarbon) means a substance covered by clause 5 of Schedule 1, whether existing alone or in a mixture.
"HCFC industry limit" , in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 24.
"HCFC licence" means a controlled substances licence that relates to HCFCs.
"HCFC quota" means an HCFC quota allocated for a quota period under section 28.
Note: A reserve HCFC quota is not an HCFC quota .
"heel allowance percentage" for a substance means the percentage prescribed by the regulations for the substance for the purposes of this definition.
"HFC" (short for hydrofluorocarbon) means a substance covered by clause 9 of Schedule 1, whether existing alone or in a mixture.
"HFC industry limit" has the meaning given by section 36A.
"HFC quota" means an HFC quota allocated for a calendar year under regulations made for the purposes of section 36C.
Note: A reserve HFC quota is not an HFC quota .
"import" , in relation to goods or a substance, means do an act that constitutes importation of the goods or substance into Australia within the meaning of section 50 of the Customs Act 1901 , or would constitute such importation if the external Territories were part of Australia for the purposes of that Act.
"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.
"Kigali Amendment" means the Amendment to the Montreal Protocol adopted by Decision XXVIII/1 of the Twenty - Eighth Meeting of the Parties to the Montreal Protocol at Kigali on 15 October 2016.
Note: In 2017, the Kigali Amendment could be viewed at the United Nations website (www.un.org).
"Kyoto Protocol" means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.
Note: The Kyoto Protocol, as originally in force for Australia, is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2), and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"laboratory and analytical uses" , of methyl bromide, has the meaning given by subsection 18(10).
"licence" (except when used in Part IV) means a controlled substances licence, an essential uses licence, a used substances licence, an equipment licence or a feedstock licence.
"licence period" means a period referred to in section 8A.
"licensee" means a person who holds a licence under section 16.
"methyl bromide" means the substance covered by clause 7 of Schedule 1, whether existing alone or in a mixture.
"Montreal Protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer done at Montreal on 16 September 1987, as in force for Australia from time to time.
Note: The Montreal Protocol, as originally in force for Australia, is in Australian Treaty Series 1989 No. 18 ([1989] ATS 18) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"nitrogen trifluoride" means the substance covered by clause 12 of Schedule 1, whether existing alone or in a mixture.
"ODP tonnes" has the meaning given in section 10.
"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.
"offence against this Act or the regulations" includes an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
Note: See also section 11.6 of the Criminal Code .
"officer of Customs" has the same meaning as in the Customs Act 1901 .
"official" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"ozone depleting potential" of a scheduled substance means the ozone depleting potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance.
"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).
"PFC" (short for perfluorocarbon) means a substance covered by clause 10 of Schedule 1, whether existing alone or in a mixture.
"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).
"quota" means an HCFC quota or a reserve HCFC quota.
"quota period" has the meaning given by section 23A.
Note: Quota periods relate to HCFC quotas. There are also HFC quotas, which are allocated for calendar years.
"reconsideration decision" has the meaning given by subsection 65ZB(2).
"refrigeration and air conditioning equipment" has the meaning given by subsection 12B(2).
"regulated HCFC activity" has the meaning given by section 25A.
"regulated HFC activity" has the meaning given by section 36B.
"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.
"reporting period" means a period of 6 months starting on 1 January or 1 July.
"reserve HCFC quota" means a reserve HCFC quota allocated under section 28.
Note: A reserve HCFC quota is not an HCFC quota .
"reserve HCFC quota limit" , in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 25.
"reserve HFC quota" means a reserve HFC quota allocated under regulations made for the purposes of section 36G.
Note: A reserve HFC quota is not an HFC quota .
"reserve HFC quota limit" has the meaning given by subsection 36G(3).
"reviewable decision" has the meaning given by section 65X.
"scheduled substance" means a substance covered by a clause in Schedule 1, whether existing alone or in a mixture.
"Secretary" means the Secretary of the Department.
"SGG" or synthetic greenhouse gas means any of the following:
(a) an HFC;
(b) nitrogen trifluoride;
(c) a PFC;
(d) sulfur hexafluoride.
"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.
"SGG licence" means a controlled substances licence that relates to SGGs.
"SGG licensee" means the holder of an SGG licence.
"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.
"sulfur hexafluoride" means the substance covered by clause 11 of Schedule 1, whether existing alone or in a mixture.
"suspended" : a licence is suspended if it is suspended under subsection 19D(1).
"used substance" has the meaning given by section 9AA.
"used substances licence" means a licence referred to in subsection 13A(4).
"using" a scheduled substance in the operation of equipment has a meaning affected by section 9.
"Vienna Convention" means the Vienna Convention for the Protection of the Ozone Layer done at Vienna on 22 March 1985, as in force for Australia from time to time.
Note: The Vienna Convention, as originally in force for Australia, is in Australian Treaty Series 1988 No. 26 ([1988] ATS 26) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).