Publications

Before you download

Most publications are available as PDF files. Adobe Acrobat Reader  is required to view PDF files.

If you are unable to access a publication, please contact us to organise a suitable alternative format.

Key

   Links to another web site
   Opens a pop-up window

PDF files

• Section 40 exemption application form (PDF - 102 KB)

About the document

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) prohibits the import or manufacture of a product listed in Schedule 4 of the Act containing or using the ozone depleting substance chlorofluorocarbons (CFCs), halon, carbon tetrachloride, methyl chloroform, and bromochloromethane (BCM), unless an exemption under Section 40 of the Act is quoted.

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.
• no practical alternative exists to the use of ozone depleting substances in the operation or manufacture of the product

Only a very limited range of products meet these criteria. The Department of the Environment and Heritage examines applications for Section 40 exemptions very carefully, with reference to Montreal Protocol guidelines, before submitting the application to the Minister.

Applications for Section 40 exemptions attract a non-refundable fee, which will be $3 000 and is payable with the application. Applications may take up to 8 weeks to process.

The duration for a Section 40 exemption is considered on application and remains valid for this period unless 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 following:

• the number of units of each product imported into Australia under this exemption
• the number of units of each of these products exported from Australia
• the number of units of each product imported into Australia under this exemption that have been sold in Australia
• on-hand stocks of each product imported under this exemption.

The Ozone and Synthetic Gas Team checks all quarterly reports, with data provided by the Australian Customs Service. Inaccurate reporting and late submissions are offences under the Act.

Schedule 4

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

• dry cleaning machinery
• automotive air-conditioning maintenance kits
• extruded polystyrene packaging and insulation
• aerosol products
• products containing halon
• rigid polyurethane foam products
• moulded polyurethane foam
• disposable containers of refrigerants
• refrigeration and air-conditioning 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

Further information

If you require further information concerning any aspect of the Ozone Protection Act's licensing system, please contact the Ozone and Synthetic Gas Team on (02) 6274 1237 or by email at ozone@deh.gov.au.