OZONE PROTECTION REGULATIONS 1989 NO. 70 OZONE PROTECTION REGULATIONS 1989 NO. 70 - TABLE OF PROVISIONS 1. Citation 2. Commencement 3. Interpretation 4. Form of application for licence 5. Form of licence 6. Form of application for quota 7. Form of application for renewal of quota 8. Form of application for variation of quota 9. Form of application for exemption 10. Records to be kept by licensees 11. Licence numbers to be shown on records SCHEDULE 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Ozone Protection Regulations. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 2 Commencement 2. Regulations 10 and 11 commence on 1 July 1989. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 3 Interpretation 3. (1) In these Regulations, unless the contrary intention appears: "the Act" means the Ozone Protection Act 1989. (2) For the purposes of these Regulations, a person shall be taken to be a person who manages or controls, or is to manage or control, the operations of a body corporate if: (a) the person has, or would have, authority to direct the operations of the body corporate; or (b) the person has, or would have, authority to direct a person who has, or would have, authority of the kind referred to in paragraph (a). 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 4 Form of application for licence 4. (1) For the purposes of paragraph 14 (1) (a) of the Act, Form 1 is prescribed. (2) An application for a licence shall be accompanied by a statement: (a) where the applicant is a body corporate-by each person who is a director, servant or agent of the body corporate who manages or controls, or is to manage or control, the operations of the body corporate; or (b) where the applicant is a natural person-by that person; of the matters referred to in paragraphs 16 (5) (a), (b) and (c) of the Act, as they relate to the person making the statement. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 5 Form of licence 5. For the purposes of subsection 16 (2) of the Act, Form 2 is prescribed. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 6 Form of application for quota 6. For the purposes of paragraph 27 (1) (a) of the Act, Form 3 is prescribed. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 7 Form of application for renewal of quota 7. For the purposes of paragraph 31 (2) (a) of the Act, Form 4 is prescribed. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 8 Form of application for variation of quota 8. For the purposes of paragraph 34 (2) (a) of the Act, Form 5 is prescribed. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 9 Form of application for exemption 9. For the purposes of subsection 40 (2) of the Act, Form 6 is prescribed. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 10 Records to be kept by licensees 10. A person who is, at any time in a month, a licensee shall keep a record in writing of: (a) the quantities of each scheduled substance manufactured, imported and exported by the person in the month; (b) in respect of each quantity of a scheduled substance that has been imported by the person in the month: (i) the date of importation; (ii) the full name and address of the person from whom the scheduled substance was imported; (iii) the place at which the scheduled substance was discharged from the ship or aircraft on which the scheduled substance was carried; (iv) where the scheduled substance was imported on a ship-the name of the ship; and (v) where the scheduled substance was imported on an aircraft-the flight number of the flight on which the scheduled substance was carried; and (c) in respect of each quantity of a scheduled substance that has been exported by the person in the month: (i) the date of exportation; (ii) the full name and address of the person to whom the scheduled substance was exported; (iii) the place at which the scheduled substance was loaded on the ship or aircraft on which the scheduled substance was carried; (iv) where the scheduled substance was exported on a ship-the name of the ship; and (v) where the scheduled substance was exported on an aircraft-the flight number of the flight on which the scheduled substance was carried. Penalty: (a) in the case of a natural person-$1,000; or (b) in the case of a body corporate-$5,000. 1989 No. 70 OZONE PROTECTION REGULATIONS - REG 11 Licence numbers to be shown on records 11. (1) A record kept by a licensee shall show the licence number of the licensee. (2) Where the record consists of more than 1 page, the pages shall be numbered in a regular arithmetic series beginning with the number 1. (3) Each page of a record shall show the licence number of the licensee. 1989 No. 70 OZONE PROTECTION REGULATIONS - SCHEDULE SCHEDULE Form 1 Regulation 4 COMMONWEALTH OF AUSTRALIA OZONE PROTECTION ACT 1989 APPLICATION FOR A LICENCE UNDER REGON 14 1. Full name of applicant: 2. Address of applicant, other than a company: 3. Registered office of applicant company: 4. Address of applicant for correspondence: 5. Name of contact person (if not applicant): 6. Telephone, telex and facsimile numbers (if any) of applicant or (if applicable) contact person- telephone: telex: facsimile: 7. If the applicant at any time between 31 December 1985 and 16 March 1989 conducted, or participated in the conduct of, an enterprise in the course of which a CFC or halon was manufactured, imported or exported, give details of: (a) the person who conducted the enterprise: (b) other participants in the conduct of the enterprise: (c) the nature of the enterprise: (d) where and during what period the enterprise was carried out: 8. If the applicant is a company: (a) State, Territory or place outside Australia where the company is incorporated: (b) the names and addresses of directors: (c) the name of each other company of which any director of the company has, within the preceding 10 years, been a director and the State, Territory or place outside Australia where it is or was incorporated: 9. If the applicant between 31 December 1985 and 16 March 1989, acquired an enterprise that, while conducted by the applicant in that period, manufactured, imported or exported a CFC or halon, give details of: (a) the person from whom the enterprise was acquired: (b) the date of acquisition: 10. If the applicant between 31 December 1985 and 16 March 1989, disposed of an enterprise that, while conducted by the applicant in that period, 1989, manufactured, imported, or exported a CFC or halon, give details of: (a) the person who acquired the enterprise: (b) the date of acquisition: Dated 1 Signature of applicant: Name of signatory: If applicant is a body corporate, relationship of signatory to the body corporate: 1 insert date Form 2 Regulation 5 COMMONWEALTH OF AUSTRALIA OZONE PROTECTION ACT 1989 LICENCE NO. 1 UNDER REGON 16 I, 2 , Minister of State for 3 , under subsection 16 (2) of the Act, hereby grant a licence to 4. Dated 5. Minister of State for 3. 1 insert number of licence 2 insert full name of Minister in block letters 3 complete title of Minister 4 insert full name of licensee 5 insert date Form 3 Regulation 6 COMMONWEALTH OF AUSTRALIA OZONE PROTECTION ACT 1989 APPLICATION FOR A (CFC)1(/HALON)1 QUOTA UNDER REGON 27 1. Full name of applicant: 2. Licence number of applicant: 3. Name of contact person (if not applicant): 4. Telephone, telex and facsimile numbers (if any) of applicant or (if applicable) contact person- telephone: telex: facsimile: 5. This application is for a quota in respect of (manufacture)1(/import)1(/export)1 6. If the application is made in relation to an enterprise that is essential for purposes connected with Australia's defence, give details of: (a) nature of the enterprise: (b) how the enterprise is connected with Australia's defence: (c) other participants in the enterprise: (d) where the enterprise is carried out: Dated 2. Signature of applicant: Name of signatory: If applicant is a body corporate, relationship of signatory to the body corporate: 1 strike out if inapplicable 2 insert date Form 4 Regulation 7 COMMONWEALTH OF AUSTRALIA OZONE PROTECTION ACT 1989 APPLICATION FOR RENEWAL OF A (CFC)1(/HALON)1 QUOTA UNDER REGON 31 1. Name of applicant: 2. Licence number of applicant: 3. Name of contact person (if not applicant): 4. Telephone, telex and facsimile numbers (if any) of applicant or (if applicable) contact person- telephone: telex: facsimile: 5. This application is for renewal of a quota in respect of (manufacture)1(/import)1 (/export)1 6. If information previously given by or for the applicant for the purposes of the Act in relation to the conduct of an enterprise essential for purposes connected with Australia's defence is no longer complete or correct, give further relevant details: Dated 2. Signature of applicant: Name of signatory: If applicant is a body corporate, relationship of signatory to the body corporate: 1 strike out if inapplicable 2 insert date Form 5 Regulation 8 COMMONWEALTH OF AUSTRALIA OZONE PROTECTION ACT 1989 APPLICATION FOR VARIATION OF A (CFC)1(/HALON)1 QUOTA UNDER REGON 34 1. Name of applicant: 2. Licence number of applicant: 3. Name of contact person (if not applicant): 4. Telephone, telex and facsimile numbers (if any) of applicant or (if applicable) contact person- telephone: telex: facsimile: 5. Details of variation sought: Dated 2. Signature of applicant: Name of signatory: If applicant is a body corporate, relationship of signatory to the body corporate: 1 strike out if inapplicable 2 insert date Form 6 Regulation 9 COMMONWEALTH OF AUSTRALIA OZONE PROTECTION ACT 1989 APPLICATION FOR AN EXEMPTION UNDER REGON 40 1. Name of applicant: 2. Address of applicant, other than a company: 3. Registered office of applicant company: 4. If applicant is a company-State, Territory or place outside Australia where the company is incorporated: 5. Address of applicant for correspondence: 6. Name of contact person (if applicable): 7. Telephone, telex and facsimile numbers (if any) of applicant or (if applicable) contact person- telephone: telex: facsimile: 8. Details of the exemption sought: 9. Period for which exemption sought: 10. If the exemption is essential for medical, veterinary, defence, industrial safety or public safety purposes, give relevant details: 11. If the exemption is sought because of the provisions of a law concerning the manufacture or use of the product in relation to which exemption is sought, give relevant details: 12. If the exemption is sought in relation to the calibration of scientific, measuring or safety apparatus, give relevant details: 13. If there is an alternative to the use of a CFC or halon known to the applicant in the operation or manufacture of a product in relation to which exemption is sought, give relevant details: Dated 1. Signature of applicant: Name of signatory: If applicant is a body corporate, relationship of signatory to the body corporate: 1 insert date - NOTES 1989 No. 70*1* OZONE PROTECTION REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 28 April 1989.