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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 13F Exportation of ozone depleting substances and synthetic greenhouse gases

CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 13F

Exportation of ozone depleting substances and synthetic greenhouse gases

Prohibition

  (1)   The exportation from Australia (except to an external Territory) of the following is prohibited unless subregulation (2) applies:

  (a)   a scheduled substance (within the meaning of the OPSGGM Act);

  (b)   equipment that contains such a substance, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph   13AB(3)(d) of the OPSGGM Act;

  (c)   equipment that uses such a substance in its operation, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph   13AB(5)(d) of that Act.

Exception

  (2)   This subregulation applies if:

  (a)   none of subsections   13AB(1), (3) and (5) of the OPSGGM Act are contravened in relation to the exportation; and

  (b)   if the exportation is allowed by a licence granted under section   16 of that Act--the licence, or a copy of the licence, is produced to a Collector.

Note 1:   A suspended licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection   19D(4) of the OPSGGM Act.

Note 2:   A number of provisions of the OPSGGM Act affect whether a person contravenes subsection   13AB(1), (3) or (5) of that Act. See (for example):

(a)   section   12B of that Act (exportation of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft); and

(b)   for the exportation of a substance--subsection   13AB(2) of that Act; and

(c)   for the exportation of equipment containing a substance--subsection   13AB(4) that Act; and

(d)   for the exportation of equipment that uses a substance in its operation--subsection   13AB(6) of that Act.

References to substances and equipment

  (3)   Section   9 of the OPSGGM Act (references to scheduled substances and equipment) applies in relation to this regulation as if this regulation were a provision of that Act.

Definition

  (4)   In this regulation:

"equipment" has the same meaning as in the OPSGGM Act.

"OPSGGM Act" means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .