Commonwealth Numbered Acts

OZONE PROTECTION ACT 1989 No. 7, 1989 - SECT 45

45. (1) On and after the implementation day for this section, a person shall
not import a product in the manufacture of which a scheduled substance was
used, being a product to which this section applies, from a non-Protocol
country.
Penalty:

   (a)  in the case of a natural person-$10,000; or

   (b)  in the case of a body corporate-$50,000.

(2) The implementation day for this section is the day fixed by the Minister
as the day on which, in order for Australia to comply with its international
obligations under paragraph 4 of Article 4 of the Protocol, the prohibition in
subsection (1) must take effect.

(3) A product to which this section applies is a product declared by the
Minister to be a product to which this section applies, being a product listed
in the annex referred to in paragraph 4 of Article 4 of the Protocol.

(4) Subsection (1) does not apply to an importation of a product, of a kind
referred to in subsection (1), in accordance with conditions determined by the
Minister as the conditions under which importation of the product will be
permitted.

(5) The Minister shall not determine conditions that are inconsistent with
Australia's international obligations under paragraph 4 of Article 4 of the
Protocol.

(6) The fixing of a day under subsection (2), the declaration of a product
under subsection (3) or the determination of conditions under subsection (4)
shall be by notice published in the Gazette.

(7) A notice determining conditions under subsection (4) is a disallowable
instrument within the meaning of section 46A of the Acts Interpretation Act 
1901 .

(8) Section 48 of the Acts Interpretation Act 1901 applies to a notice under
subsection (4) as if paragraph (1) (b) of section 48 were omitted and the
following paragraph substituted:

"(b) subject to this section, shall take effect on the first day on which the
notice is no longer liable to be disallowed, or to be deemed to be disallowed,
under this section; and".