Commonwealth: Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth)

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 No. 7, 1989 Compilation No. 35 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Objectives 3A Simplified outline of this Act 4 Saving of certain State and Territory laws 5 Act to bind the Crown 6 Extension to external Territories 6A Application of the Criminal Code 6B Contravening an offence provision or a civil penalty provision Part II—Explanation of terms used in the Act 7AA Simplified outline of this Part 7 Definitions 8A Licence periods 9 References to scheduled substances and equipment 9AA Used substances 9A Quantities expressed in CO2e megatonnes 10 Quantities expressed in ODP tonnes 12 Recycling of scheduled substances Part III—Licences Division 1—Preliminary 12A Simplified outline of this Part 12B Import or export of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft Division 2—Requirement to have licence 13 Prohibition—unlicensed manufacture of scheduled substance or equipment 13AA Prohibition—unlicensed import of scheduled substance or equipment 13AB Prohibition—unlicensed export of scheduled substance or equipment 13AC Penalties for unlicensed manufacture, import or export of scheduled substances or equipment 13A Licences and what they allow 13B Fit and proper person considerations Division 3—Grant of licence 14 Application for licence 15 Request for further information 16 Grant of licence 17 Deemed refusal of licence Division 4—Conditions on, and duration of, licence 18 Conditions of licences 19 Duration of licences Division 5—Renewing licences 19AA Application for renewal of licence 19AB Request for further information 19AC Decision on application 19AD Deemed refusal of renewal 19AE Deemed application for new licence Division 6—Other changes to licences 19A Termination of licences 19B Transfer of licences 19C Amendment of licence at request of licensee 19D Suspension of licence 20 Cancellation of licence 21 Surrender of licence Division 7—Other provisions 22 Publication of information regarding licences etc. Part IV—HCFC quotas 22A Simplified outline of this Part 23 Meaning of licence and licensee 23A HCFC quota periods 24 How to work out HCFC industry limits 25 How to work out reserve HCFC quota limits 25A Regulated HCFC activities 26 Start of first HCFC quota period 27 Application for quota 28 Allocation of quota 29 Limits on power to allocate reserve HCFC quotas 30 Duration of quotas 31 HCFC quota sizes 32 Reserve HCFC quota sizes 33 Reserve HCFC quotas: variation or revocation 34 Quotas cease when licences cease 35 Transfer of quotas 35A Direction to export HCFCs if quota exceeded Part IVA—HFC quotas Division 1—Outline of this Part 36 Simplified outline of this Part Division 2—HFC quotas 36A HFC industry limit 36B Regulated HFC activities 36C Applications, allocation and size of HFC quotas 36D Duration of HFC quotas 36E Quotas cease when licences cease 36F Transfer of quotas Division 3—Reserve HFC quotas 36G Reserve HFC quotas Division 4—Other provisions 36H Direction to export HFCs if quota exceeded 36J Basis on which quotas are allocated Part VIA—Controls on disposal, use etc. of scheduled substances 45AA Simplified outline of this Part 45A Regulation of disposal, use etc. of scheduled substances 45B Discharge of scheduled substances 45C Use of HCFC Part VII—Reports and records 46AA Simplified outline of this Part 46 Periodic reports in relation to scheduled substances 48 Records to be kept by licensees Part VIII—Enforcement Division 1—Preliminary 48A Simplified outline of this Part 49 Appointment of inspectors 49A Directions to inspectors Division 2—Monitoring powers 50 Monitoring powers 51 Modifications of Part 2 of the Regulatory Powers Act Division 2A—Investigation powers 52 Investigation powers 53 Modifications of Part 3 of the Regulatory Powers Act 54 Directions about dealing with pressurised containers Division 3—Forfeiture of goods Subdivision A—Forfeitable goods 57 Forfeitable goods Subdivision B—Forfeiture following conviction or making of civil penalty order 58 Goods forfeited to Commonwealth 59 Power to seize forfeited goods 60 Persons not to move etc. seized goods Subdivision C—Forfeiture of seized goods 60A Forfeiture notices 60B Claims that seized goods are not forfeitable goods 60C Forfeiture of seized goods to the Commonwealth 60D Right of compensation in certain circumstances Subdivision D—General provisions 60E Forfeited goods become the property of the Commonwealth 61 Disposal of forfeited goods Division 4—Civil penalties 62 Civil penalty provisions Division 5—Infringement notices 63 Infringement notices Division 6—Enforceable undertakings 64 Enforceable undertakings Division 7—Injunctions 64A Injunctions Division 8—Notices to produce 64B Secretary may require person to provide information etc. Part VIIIA—Ozone Protection and SGG Account 65 Simplified outline of this Part 65A Definitions 65B Ozone Protection and SGG Account 65C Amounts to be credited to the Account 65D Purposes of the Account Part VIIIB—Information sharing Division 1—Outline of this Part 65E Simplified outline of this Part Division 2—Authorised uses and disclosures by Minister 65F Disclosure of relevant information to Commonwealth entities 65G Disclosure of relevant information to State or Territory government body 65H Disclosure for the purposes of law enforcement 65J Use or disclosure to reduce serious risk to human health 65K Use or disclosure to reduce serious risk to the environment Division 3—Authorised uses and disclosures by entrusted persons 65L Use or disclosure for the purposes of an Act 65M Publicly available information 65N Person to whom information relates 65P Use or disclosure with consent 65Q Person who provided information 65R Summaries or statistics 65S Disclosure to a court, tribunal etc. 65T Use for the purposes of disclosure Division 4—Offences 65U Unauthorised use or disclosure of protected information—entrusted person 65V Unauthorised use or disclosure of protected information—official of Commonwealth entity Part VIIIC—Review of decisions 65W Simplified outline of this Part 65X Reviewable decisions 65Y Notification of reviewable decisions etc. 65Z Reconsideration of reviewable decisions—application for reconsideration 65ZA Reconsideration of reviewable decisions—conducting the reconsideration 65ZB Reconsideration of reviewable decisions—reconsideration decision 65ZC Review of decisions by Administrative Review Tribunal Part IX—Miscellaneous 66 Simplified outline of this Part 66A Approved forms 67A Delegation by the Minister 67AA Delegation by the Secretary 67B Disclosure of information to the Clean Energy Regulator 68 Annual report 69 Collection of licence levies 69A Implementation of Montreal Protocol—supplementary regulations 69B Constitutional basis of this Act 69BA Additional operation of this Act 69C Jurisdiction of State courts 69D Jurisdiction of Territory courts 69E Compensation for acquisition of property 70 Regulations Schedule 1—Scheduled substances 1 CFCs 2 Halons 3 Carbon tetrachloride 4 Methyl chloroform 5 HCFCs 6 HBFCs 7 Methyl bromide 8 Bromochloromethane 9 HFCs 10 PFCs 11 Sulfur hexafluoride 12 Nitrogen trifluoride Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for measures to protect the ozone layer and to minimise emissions of SGGs Part I—Preliminary 1 Short title This Act may be cited as the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. 2 Commencement This Act commences on the day on which it receives the Royal Assent. 3 Objectives The objectives of this Act are: (a) to institute, for the purpose of giving effect to Australia's obligations under the Vienna Convention and the Montreal Protocol, a system of controls on the manufacture, import and export of ozone depleting substances and SGGs; and (b) to institute, and to provide for the institution of, specific controls on the manufacture, import, export, distribution and use of equipment that contains such substances or uses such substances in its operation; and (c) to use the best endeavours to encourage Australian industry to: (i) replace ozone depleting substances and SGGs; and (ii) achieve a faster and greater reduction in the levels of production and use of ozone depleting substances and SGGs than are provided for in the Vienna Convention and the Montreal Protocol; to the extent that such replacements and achievements are reasonably possible within the limits imposed by the availability of suitable alternate substances, and appropriate technology and devices; and (d) to provide controls on the manufacture, import, export and use of SGGs, for the purposes of giving effect to Australia's obligations under the Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement; and (e) to promote the responsible management of scheduled substances so as to minimise their impact on the atmosphere. 3A Simplified outline of this Act This Act provides for controls on activities involving certain ozone depleting substances and synthetic greenhouse gases (SGGs), collectively referred to as scheduled substances. A person must not carry out any of the following activities unless the person holds a licence that allows the activity (subject to certain exceptions): (a) manufacturing, importing or exporting a scheduled substance; (b) manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation. In certain cases, the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation, is prohibited only if the equipment or substance (or both) is prescribed by regulations made under this Act. There are 5 kinds of licence, as follows: (a) controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs; (b) essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses; (c) used substances licences, that allow the import or export of used substances; (d) feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock; (e) equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation. There are certain mandatory licence conditions, including conditions relating to quotas for manufacturing or importing HCFCs or HFCs under controlled substances licences. The Minister may also impose licence conditions. Regulations made under this Act may make provision for the following: (a) prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances; (b) prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs); (c) prohibiting or regulating the recovery, recycling or destruction of scheduled substances; (d) labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances. A person must not, except in limited circumstances: (a) discharge a scheduled substance if it is likely to enter the atmosphere; or (b) use an HCFC that was manufactured or imported on or after 1 January 2020. A person may have reporting obligations if the person: (a) manufactures, imports or exports a scheduled substance; or (b) manufactures, imports or exports equipment under an equipment licence. Record‑keeping obligations relating to the manufacture, import or export of scheduled substances by licensees are provided for by the regulations. This Act and the regulations are enforced by triggering certain provisions of the Regulatory Powers Act. Provision is also made for: (a) the use and disclosure of information obtained under this Act or the Regulatory Powers Act as it applies in relation to this Act; and (b) applicants and licensees to seek review of certain decisions made under this Act. 4 Saving of certain State and Territory laws It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the protection of ozone in the atmosphere and is capable of operating concurrently with this Act. 5 Act to bind the Crown (1) This Act binds the Crown in right of the Commonwealth, of each of the States and of an internal Territory that has been established as a body politic. (2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State or of an internal Territory liable to be prosecuted for an offence. 6 Extension to external Territories This Act extends to all the external Territories. 6A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act or the regulations. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 6B Contravening an offence provision or a civil penalty provision (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty. (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision. (3) For the purposes of applying Chapter 2 of the Criminal Code to the offence, the physical elements of the offence are set out in the conduct provision. Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility. Part II—Explanation of terms used in the Act 7AA Simplified outline of this Part This Part is about terms used in this Act. Section 7 is like a dictionary and contains a list of most terms that are defined in the Act. A term will either be defined in section 7 or in another provision of this Act. If another provision defines the term, section 7 will usually have a signpost to that definition. The remaining provisions of this Part either define particular terms that are used elsewhere in the Act or affect the meaning of references to particular expressions. 7 Definitions In this Act, unless the contrary intention appears: 100‑year global warming potential of a scheduled substance means the 100‑year global warming potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance. approved form means a form approved under section 66A. Australia includes all the external Territories. bulk scheduled substance has the meaning given by section 9. CFC (short for chlorofluorocarbon) means a substance covered by clause 1 of Schedule 1, whether existing alone or in a mixture. civil penalty order has the same meaning as in the Regulatory Powers Act. civil penalty provision has the same meaning as in the Regulatory Powers Act. CO2e megatonnes has the meaning given by section 9A. Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. containing: equipment containing a scheduled substance has a meaning affected by section 9. contravene an offence or civil penalty provision has a meaning affected by section 6B. Note: The meaning of contravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901). controlled substances licence means a licence referred to in subsection 13A(2). critical uses, of methyl bromide, has the meaning given by subsection 18(10). designated court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the regulations. Note: For jurisdiction of State and Territory courts, see sections 69C and 69D. distribution includes sale and supply, whether for consideration or not. emergency use, of methyl bromide, has the meaning given by subsection 18(10). engage in conduct has the same meaning as in the Criminal Code. entrusted person means: (a) the Minister; or (b) the Secretary; or (c) an APS employee in the Department; or (d) any other person employed in, or engaged by, the Department. equipment includes products. equipment licence means a licence referred to in subsection 13A(6). essential use has the meaning given by subsection 13A(3B). essential uses licence means a licence referred to in subsection 13A(3). executive officer of a body corporate means: (a) a director of the body corporate; or (b) the chief executive officer (however described) of the body corporate; or (c) the chief financial officer (however described) of the body corporate; or (d) the secretary of the body corporate. export, in relation to goods or a substance, means do an act that constitutes exportation of the goods or substance from Australia within the meaning of section 112 of the Customs Act 1901, or would constitute such exportation if the external Territories were part of Australia for the purposes of that Act. feedstock means an intermediate substance which is used to manufacture other chemicals. feedstock licence means a licence referred to in subsection 13A(5). forfeitable goods has the meaning given by section 57. forfeiture notice means a notice under subsection 60A(1). Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as in force for Australia from time to time. Note: The Framework Convention, as originally in force for Australia, is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). halon means any substance covered by clause 2 of Schedule 1, whether existing alone or in a mixture. HBFC (short for hydrobromofluorocarbon) means a substance covered by clause 6 of Schedule 1, whether existing alone or in a mixture. HCFC (short for hydrochlorofluorocarbon) means a substance covered by clause 5 of Schedule 1, whether existing alone or in a mixture. HCFC industry limit, in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 24. HCFC licence means a controlled substances licence that relates to HCFCs. HCFC quota means an HCFC quota allocated for a quota period under section 28. Note: A reserve HCFC quota is not an HCFC quota. heel allowance percentage for a substance means the percentage prescribed by the regulations for the substance for the purposes of this definition. HFC (short for hydrofluorocarbon) means a substance covered by clause 9 of Schedule 1, whether existing alone or in a mixture. HFC industry limit has the meaning given by section 36A. HFC quota means an HFC quota allocated for a calendar year under regulations made for the purposes of section 36C. Note: A reserve HFC quota is not an HFC quota. import, in relation to goods or a substance, means do an act that constitutes importation of the goods or substance into Australia within the meaning of section 50 of the Customs Act 1901, or would constitute such importation if the external Territories were part of Australia for the purposes of that Act. inspector means: (a) a member or special member of the Australian Federal Police; or (b) an officer of Customs; or (c) a person appointed by the Secretary as an inspector under section 49. Kigali Amendment means the Amendment to the Montreal Protocol adopted by Decision XXVIII/1 of the Twenty‑Eighth Meeting of the Parties to the Montreal Protocol at Kigali on 15 October 2016. Note: In 2017, the Kigali Amendment could be viewed at the United Nations website (www.un.org). Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time. Note: The Kyoto Protocol, as originally in force for Australia, is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2), and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au). laboratory and analytical uses, of methyl bromide, has the meaning given by subsection 18(10). licence (except when used in Part IV) means a controlled substances licence, an essential uses licence, a used substances licence, an equipment licence or a feedstock licence. licence period means a period referred to in section 8A. licensee means a person who holds a licence under section 16. methyl bromide means the substance covered by clause 7 of Schedule 1, whether existing alone or in a mixture. Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer done at Montreal on 16 September 1987, as in force for Australia from time to time. Note: The Montreal Protocol, as originally in force for Australia, is in Australian Treaty Series 1989 No. 18 ([1989] ATS 18) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). nitrogen trifluoride means the substance covered by clause 12 of Schedule 1, whether existing alone or in a mixture. ODP tonnes has the meaning given in section 10. ODS equipment means equipment that: (a) contains a scheduled substance other than an SGG; or (b) uses a scheduled substance other than an SGG in its operation. Note: Equipment may be covered by this definition even if the equipment also contains a scheduled substance that is an SGG. offence against this Act or the regulations includes an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations. Note: See also section 11.6 of the Criminal Code. officer of Customs has the same meaning as in the Customs Act 1901. official has the same meaning as in the Public Governance, Performance and Accountability Act 2013. ozone depleting potential of a scheduled substance means the ozone depleting potential (if any) specified for that substance by the clause in Schedule 1 that covers that substance. Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time. Note: The Agreement, as originally in force for Australia, is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). PFC (short for perfluorocarbon) means a substance covered by clause 10 of Schedule 1, whether existing alone or in a mixture. protected information means information of any of the following kinds obtained by an entrusted person: (a) information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence; (b) information the disclosure of which could reasonably be expected to prejudice the effective working of government; (c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences; (d) information the disclosure of which could reasonably be expected to endanger a person's life or physical safety; (e) information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment. QPS use, of methyl bromide, has the meaning given by subsection 18(11). quota means an HCFC quota or a reserve HCFC quota. quota period has the meaning given by section 23A. Note: Quota periods relate to HCFC quotas. There are also HFC quotas, which are allocated for calendar years. reconsideration decision has the meaning given by subsection 65ZB(2). refrigeration and air conditioning equipment has the meaning given by subsection 12B(2). regulated HCFC activity has the meaning given by section 25A. regulated HFC activity has the meaning given by section 36B. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant information means information obtained by an entrusted person under, or in accordance with, this Act or the Regulatory Powers Act as it applies in relation to this Act. reporting period means a period of 6 months starting on 1 January or 1 July. reserve HCFC quota means a reserve HCFC quota allocated under section 28. Note: A reserve HCFC quota is not an HCFC quota. reserve HCFC quota limit, in relation to a particular year, means the quantity of HCFCs for that year worked out in accordance with section 25. reserve HFC quota means a reserve HFC quota allocated under regulations made for the purposes of section 36G. Note: A reserve HFC quota is not an HFC quota. reserve HFC quota limit has the meaning given by subsection 36G(3). reviewable decision has the meaning given by section 65X. scheduled substance means a substance covered by a clause in Schedule 1, whether existing alone or in a mixture. Secretary means the Secretary of the Department. SGG or synthetic greenhouse gas means any of the following: (a) an HFC; (b) nitrogen trifluoride; (c) a PFC; (d) sulfur hexafluoride. SGG equipment means equipment that: (a) contains an SGG and does not contain any scheduled substance that is not an SGG; or (b) uses an SGG in its operation and does not use any scheduled substance that is not an SGG in its operation. Note: Equipment that contains a scheduled substance other than an SGG, or that uses a scheduled substance other than an SGG in its operation, is ODS equipment. SGG licence means a controlled substances licence that relates to SGGs. SGG licensee means the holder of an SGG licence. State or Territory government body means: (a) a Department of State of a State or Territory; or (b) an agency of a State or Territory; or (c) an authority of a State or Territory. sulfur hexafluoride means the substance covered by clause 11 of Schedule 1, whether existing alone or in a mixture. suspended: a licence is suspended if it is suspended under subsection 19D(1). used substance has the meaning given by section 9AA. used substances licence means a licence referred to in subsection 13A(4). using a scheduled substance in the operation of equipment has a meaning affected by section 9. Vienna Convention means the Vienna Convention for the Protection of the Ozone Layer done at Vienna on 22 March 1985, as in force for Australia from time to time. Note: The Vienna Convention, as originally in force for Australia, is in Australian Treaty Series 1988 No. 26 ([1988] ATS 26) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). 8A Licence periods (1) For the purposes of this Act, each licence period is 2 years. (2) The first licence period starts on 1 January 1996. (3) Each licence period, except the first, starts at the end of the last preceding one. 9 References to scheduled substances and equipment Scheduled substances (1) A reference in this Act to a scheduled substance (or type of scheduled substance) is a reference to a bulk scheduled substance (or a bulk scheduled substance of that type), except if the reference is in relation to equipment that: (a) contains a scheduled substance (or type of scheduled substance); or (b) uses a scheduled substance (or type of scheduled substance) in its operation. (2) A scheduled substance is a bulk scheduled substance unless the substance is: (a) contained in equipment; or (b) used in the operation of equipment. Example: Paragraph (b)—a scheduled substance that is used as a propellant in an aerosol spray or fire extinguisher is not a bulk scheduled substance. Note 1: Subsection (3) affects whether a scheduled substance is contained in, or used in the operation of, equipment for the purposes of this subsection. Note 2: Subsection (4) and regulations made for the purposes of paragraph (5)(a) may also affect whether a substance is a bulk scheduled substance. Equipment used only for storing or transporting a scheduled substance (3) A reference in this Act to: (a) equipment containing a scheduled substance (or type of scheduled substance); or (b) equipment using a scheduled substance (or type of scheduled substance) in its operation; does not cover equipment that contains a scheduled substance, or is being used, for the sole purpose of storing or transporting the substance. Note: Subsection (4) and regulations made for the purposes of paragraph (5)(b) or (c) may also affect whether a substance is contained in, or used in the operation of, equipment. Substances used in the process of manufacturing equipment (4) A scheduled substance that is contained in equipment only because the substance was used in the process of manufacturing the equipment is neither: (a) a bulk scheduled substance; nor (b) contained in, or used in the operation of, the equipment. Example: A scheduled substance that remains in minute quantities in open cell foam after being used in the production of the foam. Regulations (5) The regulations may provide that, in prescribed circumstances, a scheduled substance: (a) is taken to be, or not to be, a bulk scheduled substance; or (b) is taken to be, or not to be, contained in equipment; or (c) is taken to be, or not to be, used in the operation of equipment; or (d) is taken to be, or not to be, contained in equipment for the sole purpose of storing or transporting the substance; (e) is taken to be, or not to be, contained in equipment only because the substance was used in the process of manufacturing the equipment. (6) Regulations made for the purposes of subsection (5) have effect despite subsections (2) to (4). 9AA Used substances (1) Subject to subsection (2), a scheduled substance is a used substance for the purposes of this Act if it is: (a) collected from a container or other equipment during servicing, or in connection with the disposal, of the container or other equipment; or (b) collected after an emissive use of the substance. (2) The regulations may provide that, in prescribed circumstances, a scheduled substance: (a) is taken to be a used substance; or (b) is taken not to be a used substance. 9A Quantities expressed in CO2e megatonnes (1) A reference in this Act to CO2e megatonnes, in relation to an HFC, is a reference to the quantity of the HFC that results from multiplying its mass in megatonnes by its 100‑year global warming potential. (2) If a substance is or contains a mixture of 2 or more HFCs, the quantity of the substance, expressed in CO2e megatonnes, is the quantity that results from adding together the quantities of each of those HFCs, expressed in CO2e megatonnes. 10 Quantities expressed in ODP tonnes (1) A reference in this Act to ODP tonnes, in relation to an HCFC, is a reference to the quantity of the HCFC that results from multiplying its mass in tonnes by its ozone depleting potential. (2) If a substance is or contains a mixture of 2 or more HCFCs, the quantity of the substance, expressed in ODP tonnes, is the quantity that results from adding together the quantities of each of those HCFCs, expressed in ODP tonnes. 12 Recycling of scheduled substances (1) In this Act a reference to the manufacture of scheduled substances does not include a reference to a process by which a quantity of scheduled substances is produced by the recycling of substances containing scheduled substances of that quantity. (2) For the purposes of this Act, where a process for the manufacture of a quantity of scheduled substances involves, in part, the recycling of substances containing scheduled substances of a lesser quantity, the quantity of scheduled substances manufactured in the process shall be taken to be reduced by the quantity of scheduled substances in the substances recycled in the process. Part III—Licences Division 1—Preliminary 12A Simplified outline of this Part A person must not carry out any of the following activities unless the person holds a licence that allows the activity (subject to certain exceptions): (a) manufacturing, importing or exporting a scheduled substance; (b) manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation. In certain cases, the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation, is prohibited only if the equipment or substance (or both) is prescribed by regulations made under this Act. There are 5 kinds of licence, as follows: (a) controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs; (b) essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses; (c) used substances licences, that allow the import or export of used substances; (d) feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock; (e) equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation. There are certain mandatory licence conditions, including conditions relating to quotas for manufacturing or importing HCFCs or HFCs under controlled substances licences (see Parts IV and IVA). The Minister may also impose licence conditions. The Minister may renew a licence, subject to certain conditions. The Minister may also: (a) terminate a licence if necessary for the purposes of giving effect to relevant international agreements; or (b) transfer a licence, on application; or (c) amend a licence at the request of the licensee; or (d) suspend or cancel a licence if the licensee contravenes a licence condition, is no longer a fit and proper person to hold a licence or, for a suspension, is uncontactable. The regulations may provide for certain details relating to licences to be published. 12B Import or export of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft (1) This Part and Parts IV and IVA do not apply to the import or export of a CFC, halon, HCFC, HFC or PFC if all of the following conditions are satisfied: (a) the CFC, halon, HCFC, HFC or PFC is on board a ship or aircraft; (b) the ship or aircraft has either or both of the following: (i) refrigeration and air conditioning equipment; (ii) fire protection equipment; (c) the CFC, halon, HCFC, HFC or PFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between: (i) a place in Australia and a place outside Australia; or (ii) 2 places outside Australia. (2) Refrigeration and air conditioning equipment means equipment, used for the cooling or heating of anything, that uses one or more of the following: (a) a CFC; (b) a halon; (c) an HCFC; (d) an HFC; (e) a PFC. Division 2—Requirement to have licence 13 Prohibition—unlicensed manufacture of scheduled substance or equipment Unlicensed manufacture of a scheduled substance (1) A person contravenes this subsection if: (a) the person manufactures a substance; and (b) the substance is a scheduled substance; and (c) the person does not hold a licence that allows the manufacture. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). (2) Subsection (1) does not apply to a person manufacturing an SGG in circumstances, or for a purpose, prescribed by the regulations for the purposes of this subsection. Any such regulations must be consistent with Australia's international obligations. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Unlicensed manufacture of equipment containing a scheduled substance (3) A person contravenes this subsection if: (a) the person manufactures equipment; and (b) the equipment contains a substance; and (c) the substance is a scheduled substance; and (d) if the equipment is SGG equipment—the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and (e) the person does not hold a licence that allows the manufacture. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). (4) Subsection (3) does not apply to a person manufacturing equipment: (a) of a kind prescribed by the regulations for the purposes of this paragraph; or (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Unlicensed manufacture of equipment that uses a scheduled substance in its operation (5) A person contravenes this subsection if: (a) the person manufactures equipment; and (b) the equipment uses a substance in its operation; and (c) the substance is a scheduled substance; and (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and (e) the person does not hold a licence that allows the manufacture. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). (6) Subsection (5) does not apply to a person manufacturing equipment: (a) of a kind prescribed by the regulations for the purposes of this paragraph; or (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. 13AA Prohibition—unlicensed import of scheduled substance or equipment Unlicensed import of a scheduled substance (1) A person contravenes this subsection if: (a) the person imports a substance; and (b) the substance is a scheduled substance; and (c) the person does not hold a licence that allows the importation. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). (2) Subsection (1) does not apply to a person importing an SGG (other than an SGG that is a used substance) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this subsection. Any such regulations must be consistent with Australia's international obligations. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Unlicensed import of equipment containing a scheduled substance (3) A person contravenes this subsection if: (a) the person imports equipment; and (b) the equipment contains a substance; and (c) the substance is a scheduled substance; and (d) the person does not hold a licence that allows the importation; and (e) if the equipment contains an SGG—the person's importation of the equipment is not covered by the low volume imports exemption under subsection (4). Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). Note 3: For exceptions to this subsection, see subsections (6) to (9). (4) For the purposes of paragraph (3)(e), a person's importation of equipment is covered by the low volume imports exemption under this subsection if: (a) the total amount of SGGs contained in the equipment is not greater than an amount prescribed by the regulations for the purposes of this paragraph; and (b) any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied. Unlicensed import of equipment that uses a scheduled substance in its operation (5) A person contravenes this subsection if: (a) the person imports equipment; and (b) the equipment uses a substance in its operation; and (c) the substance is a scheduled substance; and (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and (e) the person does not hold a licence that allows the importation. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). Note 3: For exceptions to this subsection, see subsections (6) to (9). Equipment exceptions—prescribed equipment, circumstances or purposes (6) Subsection (3) or (5) does not apply to a person importing equipment: (a) of a kind prescribed by the regulations for the purposes of this paragraph; or (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph. Equipment exceptions—private or domestic use (7) Subsection (3) or (5) does not apply to a person importing equipment if: (a) the equipment is kept by the person, or by a member of the person's household, wholly or principally for private or domestic use; and (b) the equipment is prescribed by the regulations for the purposes of this paragraph; and (c) any other conditions prescribed by the regulations for the purposes of this paragraph are satisfied. Equipment exceptions—temporary imports (8) Subsection (3) or (5) does not apply to a person importing equipment if: (a) the equipment is imported: (i) for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this subparagraph; and (ii) with the intention of later exporting the equipment within a period not exceeding 12 months, or a longer period prescribed by the regulations for the purposes of this subparagraph; and (b) any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied. Equipment exceptions—returning Australian equipment (9) Subsection (3) or (5) does not apply to a person importing equipment if: (a) the equipment is of a kind prescribed by the regulations for the purposes of this paragraph; and (b) the person had previously exported the equipment for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this paragraph; and (c) while the equipment was outside Australia, no change was made to the type and quantity of scheduled substances contained in or used in the operation of the equipment, except in circumstances, or for purposes, (if any) prescribed by the regulations for the purposes of this paragraph; and (d) title to the equipment remains unchanged between the time of export and time of import of the equipment. Note: A person who wishes to rely on subsection (6), (7), (8) or (9) bears an evidential burden in relation to the matter in that subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. 13AB Prohibition—unlicensed export of scheduled substance or equipment Unlicensed export of a scheduled substance (1) A person contravenes this subsection if: (a) the person exports a substance; and (b) the substance is a scheduled substance; and (c) the person does not hold a licence that allows the export. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). (2) Subsection (1) does not apply to a person exporting a substance if: (a) the substance is an HCFC and the substance is exported in accordance with a direction given to the person by the Minister under section 35A; or (b) the substance is an HFC and the substance is exported in accordance with a direction given to the person by the Minister under section 36H; or (c) the substance is an SGG (other than an SGG that is a used substance) and the substance is exported in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph. Any regulations made for the purposes of paragraph (c) must be consistent with Australia's international obligations. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Unlicensed export of equipment containing a scheduled substance (3) A person contravenes this subsection if: (a) the person exports equipment; and (b) the equipment contains a substance; and (c) the substance is a scheduled substance; and (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and (e) the person does not hold a licence that allows the export. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). (4) Subsection (3) does not apply to a person exporting equipment: (a) of a kind prescribed by the regulations for the purposes of this paragraph; or (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Unlicensed export of equipment that uses a scheduled substance in its operation (5) A person contravenes this subsection if: (a) the person exports equipment; and (b) the equipment uses a substance in its operation; and (c) the substance is a scheduled substance; and (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and (e) the person does not hold a licence that allows the export. Note 1: See section 13A for the activities allowed by each type of licence. Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4). (6) Subsection (5) does not apply to a person exporting equipment: (a) of a kind prescribed by the regulations for the purposes of this paragraph; or (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. 13AC Penalties for unlicensed manufacture, import or export of scheduled substances or equipment Fault‑based offence (1) A person commits an offence if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5). Note: The physical elements of an offence against this subsection are set out in the subsection contravened (see subsection 6B(3)). Penalty: 500 penalty units. Strict liability offence (2) A person commits an offence of strict liability if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5). Penalty: 60 penalty units. Civil penalty provision (3) A person is liable to a civil penalty if the person contravenes subsection 13(1), (3) or (5), 13AA(1), (3) or (5) or 13AB(1), (3) or (5). Civil penalty: 600 penalty units. 13A Licences and what they allow Controlled substances licence (2) A controlled substances licence allows (subject to subsection (2A)) the licensee to do one of the following: (a) to carry out whichever one or more of the following activities is specified in it: (i) manufacture HCFCs; (ii) import HCFCs; (iii) export HCFCs; (b) to carry out whichever one or more of the following activities is specified in it: (i) manufacture methyl bromide; (ii) import methyl bromide; (iii) export methyl bromide; (c) to carry out whichever one or more of the following activities is specified in it: (i) manufacture SGGs; (ii) import SGGs; (iii) export SGGs. (2A) A controlled substances licence does not apply to: (a) scheduled substances that are used substances; or (b) the import or manufacture of scheduled substances that are used exclusively as a feedstock. Essential uses licence (3) An essential uses licence allows (subject to subsection (3A)) the licensee to carry out whichever one or more of the following activities is specified in it: (a) manufacture specified scheduled substances for essential uses; (b) import specified scheduled substances for essential uses; (c) export specified scheduled substances for essential uses. (3A) An essential uses licence does not apply to: (a) scheduled substances that are used substances; or (b) scheduled substances that are used exclusively as a feedstock; or (c) methyl bromide; or (d) SGGs other than HFCs. Note: For paragraph (a), see subsection (4) (about used substances licences). For paragraph (b), see subsection (5) (about feedstock licences). (3B) An essential use of a scheduled substance is an essential use identified in relation to the substance by a decision made by the parties to the Montreal Protocol that applies to Australia. Used substances licence (4) A used substances licence allows (subject to subsection (4A)) the licensee to carry out whichever of the following activities is specified in it: (a) import specified substances that are used substances; (b) export specified substances that are used substances. (4A) A used substances licence does not apply to the import of used substances that are used exclusively as a feedstock. Feedstock licence (5) A feedstock licence allows the licensee to carry out whichever one or more of the following activities is specified in it: (a) manufacture specified scheduled substances exclusively for use as a feedstock; (b) import specified scheduled substances exclusively for use as a feedstock. Equipment licence (6) An equipment licence allows the licensee to carry out whichever one or more of the following activities is specified in it: (a) manufacture specified ODS equipment; (b) import specified ODS equipment; (c) export specified ODS equipment; (d) manufacture specified SGG equipment; (e) import specified SGG equipment; (f) export specified SGG equipment. 13B Fit and proper person considerations Mandatory considerations (1) Without limiting the matters that the Minister may take into account in determining whether a person is a fit and proper person for the purposes of this Part, in the exercise of a power listed in column 1 of an item of the following table, the Minister must have regard to the considerations in column 2 of the item. Fit and proper person considerations Item Column 1 Column 2 Power Mandatory considerations 1 A power to grant, transfer, suspend or cancel a licence The following: (a) the person's history in relation to environmental matters; (b) whether the person is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of remuneration for their benefit; (c) if a statement made by the person in an application or report under this Act or the regulations was false or misleading in a material particular: (i) that fact; and (ii) whether the person knew that the statement was false or misleading; (d) whether the person has complied with a requirement to pay levy under either of the following: (i) the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995; (ii) the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995; (e) whether the person has complied with a requirement to give a report under this Act or the regulations 2 A power to grant or transfer a licence The following: (a) whether the person has contravened a condition of a licence; (b) whether a licence held by the person has been: (i) suspended; or (ii) cancelled under section 20 3 A power to cancel a licence Whether a licence held by the person has been suspended Mandatory considerations—bodies corporate (2) If the person is a body corporate, the Minister: (a) must also have regard to each consideration in column 2 of the table in subsection (1) in relation to each person who is an executive officer of the body (whether or not the person was an executive officer of the body corporate at the time a matter occurs that relates to the consideration); and (b) may also have regard to whether the body is a Chapter 5 body corporate within the meaning of the Corporations Act 2001. Spent conviction scheme not affected (3) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). Division 3—Grant of licence 14 Application for licence (1) A person may apply to the Minister for all or any of the following licences: (a) a controlled substances licence; (b) an essential uses licence; (c) a used substances licence; (d) an equipment licence; (e) a feedstock licence. (2) An application for a licence must: (a) be in the approved form; and (aa) be accompanied by the fee prescribed by the regulations (if any), unless the fee has been waived in accordance with the regulations; and (b) be given to the Minister. 15 Request for further information The Minister may, within 60 days after an application for a licence is made, give an applicant for a licence written notice requiring the applicant to give the Minister such further information relating to the application as is specified in the notice. 16 Grant of licence Minister may grant licence (1) Subject to subsections (3A) to (6A), the Minister may grant a licence to a person who has applied for it in accordance with section 14. Content and form of licence (3) A licence (other than an HCFC licence, an SGG licence or an equipment licence): (a) must specify: (i) the substance or substances to which it relates; and (ii) the activities it allows; and (b) may specify the maximum quantities of any or all of those substances allowed for any or all of those activities. (3AA) An SGG licence must state that it relates to SGGs, and must specify the activities it allows. (3AB) An equipment licence must specify whichever one or more of the following activities that the licence allows: (a) manufacture specified ODS equipment; (b) import specified ODS equipment; (c) export specified ODS equipment; (d) manufacture specified SGG equipment; (e) import specified SGG equipment; (f) export specified SGG equipment. (3AC) Two or more licences granted to the same person may be set out in the same document. Criteria for granting licence (3A) In deciding whether or not to grant a licence, the Minister: (a) must have regard to Australia's international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and (b) may have regard to any other matters he or she thinks relevant. (4) The Minister must not grant a licence to a person unless the Minister is satisfied that the person is a fit and proper person to be granted a licence. Note: The mandatory fit and proper person considerations are set out in section 13B. (4A) The Minister must not grant a controlled substances licence, or a used substances licence, that allows the manufacture, import or export of a scheduled substance unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the kind of licence, the activity and the relevant type of scheduled substance are satisfied. (5) The Minister must not grant an equipment licence that allows the manufacture, import or export of SGG equipment unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied. (6) The Minister must not grant an equipment licence that allows the manufacture, import or export of ODS equipment unless: (a) for equipment that contains a scheduled substance—subsection (6A) applies in relation to the equipment; and (b) in any case—the requirements (if any) prescribed by the regulations for the purposes of this paragraph in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied. (6A) For the purposes of paragraph (6)(a), this subsection applies if the Minister is satisfied that: (a) both: (i) the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and (ii) no practical alternative exists to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose; or (b) because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment; or (c) in the case of the import or export of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported or exported; or (d) in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or (e) in any case—both: (i) exceptional circumstances justify granting the licence; and (ii) granting the licence would not be inconsistent with Australia's international obligations under the Montreal Protocol; or (f) in any case—the manufacture, import or export would occur in circumstances prescribed by the regulations for the purposes of this paragraph. Refusal of application (7) An application is refused by giving the applicant written notice of the refusal and of the reasons for the refusal. 17 Deemed refusal of licence (1) If, at the end of 60 days after an application for a licence is made, the Minister has not: (a) granted a licence; or (b) refused the application; or (c) made a request under section 15; the Minister is taken, subject to subsection (4), to have refused the application on the last of the 60 days. (2) If: (a) the Minister gives an applicant notice under section 15 requiring the applicant to give the Minister further information relating to the application; and (b) at the end of 60 days after the information is given to the Minister, the Minister has not: (i) granted a licence; or (ii) refused the application; or (iii) made a further request under section 15; the Minister is taken, subject to subsection (4), to have refused the application on the last of those 60 days. (3) If: (a) Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of a licence; and (b) the Minister has not granted the licence at the end of 30 days after he or she received advice under that Subdivision on the proposed grant; he or she is taken to have refused the application for the licence on the last of those days. Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, persons considering whether to authorise certain actions must get advice on environmental matters from the Min