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 an exemption under section 40 of the Act has been approved.
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.
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 of the Environment, Water, Heritage and the Arts 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 is $3000 and is payable with the application. Applications may take up to 8 weeks to process.
The duration of a section 40 exemption is considered on application and remains valid during the licence period it 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 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.
More information
If you would like more information about the Ozone Protection and Synthetic Greenhouse Gas Management Act's licensing system, please contact
Ozone and Synthetic Gas Team.
Phone: +61 2 6274 1237
Fax: +61 2 6274 1610
Email: ozone@environment.gov.au
See Also
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