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Licences and reporting requirements

• Licences and reporting
• Exemption under Section 40
• Licences and exemptions granted

Exemption under Section 40

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) prohibits the import or manufacture of products listed in Schedule 4 of the Act that contain or use a specified ozone depleting substance unless the Minister grants an exemption under section 40 of the Act .

List of products under Schedule 4 of the Act

The following products are listed in Schedule 4 of the Act:

• dry cleaning machinery
• automotive airconditioning maintenance kits
• extruded polystyrene packaging and insulation
• aerosol products
• products containing halon
• rigid polyurethane foam products
• moulded polyurethane foam
• disposable containers of refrigerants, and
• refrigeration and airconditioning equipment if:
  • the equipment is charged with a CFC refrigerant
  • the equipment may only operate by using a CFC refrigerant, or
  • the equipment is insulated with foam manufactured with a CFC.

Section 40 of the Act allows for a person to apply to the Minister for an exemption from this prohibition where:

• the product is essential for medical, veterinary, defence, industrial safety or public safety purposes, and
• no practical alternative exists to the use of scheduled substances in the operation or manufacture of the product if it is to continue to be effective for such a purpose.

OR

• there is no practical alternative to the use of scheduled substances in the operation or manufacture of the product because of the requirements of law concerning the manufacture or use of the product.

OR

• the product is for use in conjunction with the calibration of scientific, measuring or safety equipment.

Only a very limited range of products meet these criteria. The department examines applications made for exemptions under Section 40 very carefully, with reference to Montreal Protocol guidelines, before submitting the application to the Minister for consideration.

Application fee

A non-refundablerefundable application fee of $3,000 applies to applications for an exemption under Section 40 of the Act and is payable with the application unless a waiver has been granted.

The Minister may waive the fee if the Minister is satisfied that the exemption is to enable the import of a product for its disposal.

Required information and supporting documentation

When applying for a licence or exemption under the Act, you will be required to provide supporting documentation and detailed information about yourself and your organisation (if applicable), as well as information about the proposed activity (e.g. import, export or manufacture of Ozone Depleting Substances (ODS) or Synthetic Greenhouse Gases (SGGs) whether incorporated into equipment or in cylinders).

Please see below to obtain a summary of information you will need to complete the application form, and a list of supporting documentation you must submit with your application.

• Application information & supporting documentary evidence required by licence type

Application form

Normally, the department will aim to process applications within 2 weeks of receiving a fully completed application form including all supporting documentation and payment of the licence fee. However, the statutory timeframes of the Act stipulates that department may take up to 60 days to process an application.

Applications should be lodged as early as possible, prior to the proposed goods being imported or manufactured.

• Online application for an Exemption under Section 40

The duration of an Exemption granted under Section 40 is considered on application and remains valid during the licence period the Exemption is issued in, unless it is terminated or cancelled in accordance with the Act.

Quarterly reporting requirements

Holders of section 40 exemptions are required to provide quarterly reports to the Minister on the number of units and the amount of scheduled substance contained in each product imported into Australia under the exemption.

Reports may be lodged at any time before the 15th day following the end of each reporting period (including at any time during the relevant reporting period).

If no imports were made during a reporting period, a 'nil' report is still required.

Reporting Period	Reports Due
1 January - 31 March	15 April
1 April - 30 June	15 July
1 July - 30 September	15 October
1 October - 31 December	15 January

Quarterly reporting form

• Report imports of products exempted under Section 40 (including Nil report)

The department cross-checks information provided on quarterly reports with data provided by the Australian Customs and Border Protection Service. Inaccurate reporting and late submissions are offences under the Act.

More information

For more information please contact the Ozone and Synthetic Gas Team on:
Phone: +61 2 6274 1373 or +61 2 6274 1740
Email: ozone@environment.gov.au

See also

• List of forms