Commonwealth: Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022 (Cth)

Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022 No. 92, 2022 An Act to amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Part 1—Amendments Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Part 2—Application and transitional provisions Division 1—Definitions Division 2—General provisions Division 3—Enforcement Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022 No. 92, 2022 An Act to amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and for related purposes [Assented to 13 December 2022] The Parliament of Australia enacts: 1 Short title This Act is the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 13 December 2022 2. Schedule 1 A single day to be fixed by Proclamation. 13 June 2023 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Part 1—Amendments Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 1 Paragraph 3(d) Omit "and the Kyoto Protocol", substitute ", the Kyoto Protocol and the Paris Agreement". 2 After section 3 Insert: 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. 3 Section 6A Omit "(other than Part 2.5)". 4 At the end of Part I Add: 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. 5 Before section 7 Insert: 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. 6 Section 7 (definition of 100‑year global warming potential) Omit "a table in Schedule 1", substitute "the clause in Schedule 1 that covers that substance". 7 Section 7 Repeal the following definitions: (a) definition of bromochloromethane; (b) definition of carbon tetrachloride. 8 Section 7 (definition of CFC) Omit "means a substance referred to in Part I", substitute "(short for chlorofluorocarbon) means a substance covered by clause 1". 9 Section 7 (definition of civil penalty order) Repeal the definition, substitute: civil penalty order has the same meaning as in the Regulatory Powers Act. 10 Section 7 (definition of civil penalty provision) Repeal the definition, substitute: civil penalty provision has the same meaning as in the Regulatory Powers Act. 11 Section 7 Insert: Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 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). critical uses, of methyl bromide, has the meaning given by subsection 18(10). 12 Section 7 (paragraph (a) of the definition of designated court) After "Court", insert "of Australia". 13 Section 7 Insert: emergency use, of methyl bromide, has the meaning given by subsection 18(10). 14 Section 7 Repeal the following definitions: (a) definition of enforcement powers; (b) definition of enforcement warrant. 15 Section 7 Insert: 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. 16 Section 7 (definition of equipment licence) Omit "13A(5)", substitute "13A(6)". 17 Section 7 (definition of essential use) Repeal the definition, substitute: essential use has the meaning given by subsection 13A(3B). 18 Section 7 Repeal the following definitions: (a) definition of evidential burden; (b) definition of evidential material; (c) definition of Federal Court. 19 Section 7 Insert: feedstock licence means a licence referred to in subsection 13A(5). 20 Section 7 (definition of halon) Omit "referred to in Part II", substitute "covered by clause 2". 21 Section 7 (definition of HBFC) Omit "means a hydrobromofluorocarbon referred to in Part VI", substitute "(short for hydrobromofluorocarbon) means a substance covered by clause 6". 22 Section 7 (definition of HCFC) Omit "means a hydrochlorofluorocarbon referred to in Part V", substitute "(short for hydrochlorofluorocarbon) means a substance covered by clause 5". 23 Section 7 (definition of HFC) Omit "means a hydrofluorocarbon referred to in Part IX", substitute "(short for hydrofluorocarbon) means a substance covered by clause 9". 24 Section 7 Insert: 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. laboratory and analytical uses, of methyl bromide, has the meaning given by subsection 18(10). 25 Section 7 (definition of licence) Omit "or an equipment licence", substitute ", an equipment licence or a feedstock licence". 26 Section 7 (definition of methyl bromide) Omit "referred to in Part VII", substitute "covered by clause 7". 27 Section 7 Repeal the following definitions: (a) definition of methyl chloroform; (b) definition of monitoring powers. 28 Section 7 (definition of nitrogen trifluoride) Omit "referred to in Part XII", substitute "covered by clause 12". 29 Section 7 (definition of ODS equipment) Repeal the definition, substitute: 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. 30 Section 7 (definition of offence against this Act or the regulations) Omit "section 137.1 or 137.2 of the Criminal Code", substitute "the Crimes Act 1914 or the Criminal Code". 31 Section 7 Insert: official has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 32 Section 7 (definition of ozone depleting potential) Omit "a table in Schedule 1", substitute "the clause in Schedule 1 that covers that substance". 33 Section 7 Insert: 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). 34 Section 7 (definition of PFC) Omit "means a perfluorocarbon referred to in Part X", substitute "(short for perfluorocarbon) means a substance covered by clause 10". 35 Section 7 (definition of premises) Repeal the definition. 36 Section 7 Insert: 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). reconsideration decision has the meaning given by subsection 65ZB(2). 37 Section 7 Repeal the following definitions: (a) definition of recycled or used HCFCs; (b) definition of recycled or used methyl bromide; (c) definition of recycled or used SGGs; (d) definition of recycled or used stage‑1 or stage‑2 scheduled substances. 38 Section 7 Insert: refrigeration and air conditioning equipment has the meaning given by subsection 12B(2). 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. reviewable decision has the meaning given by section 65X. 39 Section 7 (definition of Schedule 4 activity) Repeal the definition. 40 Section 7 (definition of scheduled substance) Omit "referred to", substitute "covered by a clause". 41 Section 7 (definition of section 69G activity) Repeal the definition. 42 Section 7 (definition of SGG equipment) Repeal the definition, substitute: 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. 43 Section 7 Repeal the following definitions: (a) definition of stage‑1 CFC; (b) definition of stage‑2 CFC; (c) definition of stage‑1 scheduled substance; (d) definition of stage‑2 scheduled substance. 44 Section 7 Insert: 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. 45 Section 7 (definition of sulfur hexafluoride) Omit "referred to in Part XI", substitute "covered by clause 11". 46 Section 7 Insert: suspended: a licence is suspended if it is suspended under subsection 19D(1). used substance has the meaning given by section 9AA. 47 Sections 8C, 8D and 9 Repeal the sections, substitute: 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. 48 Subsection 9A(1) Omit "HCFC or" (wherever occurring). 49 Subsection 9A(2) Omit "HCFCs or" (wherever occurring). 50 Section 12A Repeal the section. 51 Division 1 of Part III Repeal the Division, substitute: 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. 52 Section 13 Repeal the section, substitute: 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. 53 Subsections 13A(2A) to (6) Repeal the subsections, substitute: (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. 54 At the end of Division 2 of Part III Add: 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). 55 At the end of subsection 14(1) Add: ; (e) a feedstock licence. 56 Paragraph 14(2)(aa) Omit "prescribed fee", substitute "fee prescribed by the regulations (if any)". 57 Subsection 16(1) Omit "(6B)", substitute "(6A)". 58 Subsection 16(3AB) Repeal the subsection, substitute: (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. 59 Subsection 16(4) Omit "shall not", substitute "must not". 60 At the end of subsection 16(4) Add: Note: The mandatory fit and proper person considerations are set out in section 13B. 61 Subsections 16(5), (6), (6A) and (6B) Repeal the subsections, substitute: (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. 62 Subsections 17(1) and (2) Omit "for the purposes of section 66 and subject to subsection (4) of this section", substitute "subject to subsection (4)". 63 Subsection 17(3) Omit "for the purposes of section 66". 64 Subsection 18(1) (after table item 1) Insert: 1A A controlled substances licence that allows the licensee to manufacture, import or export methyl bromide The licensee may manufacture, import or export methyl bromide only for one or more of the following purposes, as set out in the licence: (a) critical uses (including laboratory and analytical uses); (b) an emergency use; (c) a QPS use; (d) in the case of export—use as a feedstock. 65 Subsection 18(1) (table items 2 and 3) Omit "Montreal Protocol country for the purposes of Part VI for the substance", substitute "party to the Montreal Protocol". 66 Subsection 18(1) (table items 5 and 6) Omit "Montreal Protocol country for the purposes of Part VI for HFCs", substitute "party to the Montreal Protocol". 67 Subsection 18(1) (at the end of the table) Add: 7 A licence (other than an equipment licence) that allows the licensee to import a scheduled substance The licensee must not import the substance in a non‑refillable container, unless the conditions (if any) prescribed by the regulations for the purposes of this item in relation to the container and the import are satisfied. 8 A suspended licence The licensee must comply with any directions the Minister gives to the licensee under either of the following sections: (a) section 35A (directions to export HCFCs if quota exceeded); (b) section 36H (directions to export HFCs if quota exceeded). 68 After paragraph 18(6)(c) Insert: (ca) conditions requiring the licensee to enter into an arrangement for the recovery, recycling or destruction of scheduled substances with a person approved by the Minister under regulations made for the purposes of paragraph 45A(1)(ba); 69 Subsections 18(7) to (7F) Repeal the subsections, substitute: Fault‑based offence (7) A licensee commits an offence if: (a) the licensee engages in conduct; and (b) the conduct contravenes a condition of the licensee's licence. Penalty: 500 penalty units. Strict liability offence (7A) A licensee commits an offence of strict liability if the licensee contravenes a condition of the licensee's licence. Penalty: 60 penalty units. Civil penalty provision (7B) A licensee is liable to a civil penalty if the licensee contravenes a condition of the licensee's licence. Civil penalty: 600 penalty units. 70 At the end of section 18 Add: Methyl bromide definitions (10) For the purposes of this Act, methyl bromide is used: (a) for critical uses; or (b) for an emergency use; or (c) for laboratory and analytical uses; if the use is: (d) exempt from a provision of the Montreal Protocol, under any decision made by the parties to the Montreal Protocol that applies to Australia, on account of being critical uses, an emergency use or laboratory and analytical uses (as the case requires); and (e) in compliance with the conditions of any such decision. Note: Under the Montreal Protocol, critical uses includes laboratory and analytical uses. (11) For the purposes of this Act, methyl bromide is used for a QPS use if: (a) it is applied by, or with the authorisation of, a Commonwealth, State or Territory authority to prevent the introduction, establishment or spread of a pest or disease in Australia, a State or a Territory; or (b) it is applied to a commodity, before it is exported, to meet the requirements of the importing country or a law of the Commonwealth. Note: QPS is short for quarantine and pre‑shipment. 71 Subsection 19(2) Omit "controlled substances licence, an essential uses licence or a used substances licence", substitute "licence, other than an equipment licence,". 72 At the end of section 19 Add: Note: A licence does not stop being in force only because it is suspended: see subsection 19D(4). 73 At the end of subsection 19AA(1) Add ", subject to subsection (4)". 74 Paragraph 19AA(3)(b) After "prescribed by the regulations", insert "(if any)". 75 At the end of section 19AA Add: (4) The holder of a suspended licence may not apply to the Minister for a renewal of any licence held by the person until the period of suspension ends or the suspension is revoked by the Minister. 76 Subsections 19AC(2) and (3) Omit "(6B)", substitute "(6A)". 77 Subsections 19AD(1) and (2) Omit ", for the purposes of sections 19AE and 66, to have refused the application", substitute "to have refused the application under section 19AC". 78 Subsection 19A(1) After "all licences", insert "(including suspended licences)". 79 At the end of subsection 19A(2) Add: ; or (d) the Paris Agreement. 80 Subsection 19B(1) After "a licence", insert ", other than a suspended licence,". 81 After subsection 19B(4) Insert: Note: The mandatory fit and proper person considerations are set out in section 13B. 82 Subsection 19B(5) Repeal the subsection. 83 Subsection 19C(1) After "a licence", insert "(including a suspended licence)". 84 After section 19C Insert: 19D Suspension of licence Circumstances that may lead to suspension (1) The Minister may suspend a licence if satisfied that the licensee: (a) is no longer a fit and proper person to hold a licence; or (b) has contravened a condition of the licence; or (c) is uncontactable. Note: The mandatory fit and proper person considerations are set out in section 13B. (2) A licensee is uncontactable if, and only if, the Minister has made 2 or more reasonable attempts to contact the licensee during a period of 6 months ending immediately before the decision to suspend the licence, but has not been able to contact the licensee. Suspension notices (3) The Minister must give the licensee written notice of the suspension (the suspension notice) specifying: (a) the reasons for the suspension; and (b) the day the suspension takes effect; and (c) either or both of the following: (i) the actions the licensee must take for the suspension to end; (ii) a fixed period for the suspension. Effect of suspension (4) While suspended, the licence does not allow the licensee to carry out any activity that the licence would otherwise allow. However, the licence remains in force despite the suspension. Suspension notices specifying required actions (5) If the suspension notice specifies actions the licensee must take for the suspension to end, the Minister must give written notice to the licensee when satisfied that the licensee has taken the specified actions. When a suspension ends (6) The suspension ends in accordance with the following table: When the suspension of a licence ends Item Column 1 Column 2 If the suspension notice specifies ... the suspension ends ... 1 actions the licensee must take for the suspension to end at the start of the day the Minister gives notice under subsection (5), subject to item 3 2 a fixed period for the suspension immediately after the end of the fixed period, subject to item 3 3 both: at the later of the following times: (a) actions the licensee must take for the suspension to end; and (a) the start of the day the Minister gives a notice under subsection (5); (b) a fixed period for the suspension (b) immediately after the end of the fixed period Variation and revocation (7) The Minister may, by written notice given to the licensee, do either of the following if the Minister considers it appropriate to do so: (a) vary the suspension notice; (b) revoke the suspension. 85 Subsection 20(1) After "may cancel a licence", insert "(including a suspended licence)". 86 After subsection 20(1) Insert: Note: The mandatory fit and proper person considerations are set out in section 13B. 87 Subsections 20(2) and (3) Repeal the subsections. 88 Subsection 21(1) After "a licence", insert "(including a suspended licence)". 89 At the end of paragraph 22(a) Add "and". 90 Paragraph 22(c) After "licences", insert "suspended,". 91 At the end of subsection 25A(1) Add "under a controlled substances licence". 92 At the end of section 34 Add: Note: A licence does not stop being in force only because it is suspended: see subsection 19D(4). 93 Subsections 35(2) and (2A) Omit "A licensee may", substitute "A licensee (including the licensee for a suspended licence) may". 94 Subsection 35A(1) After "by written notice given to a licensee", insert "(including the licensee for a suspended licence)". 95 After subsection 35A(1) Insert: (1A) Before the time specified in the direction (or a later time specified in a notice under this subsection), the Minister may specify a later time by written notice given to the licensee. 96 Subsection 36B(1) Repeal the subsection, substitute: (1) A regulated HFC activity is the manufacture or import of HFCs under an SGG licence. Note 1: A licence is not required for the manufacture or import of HFCs and other SGGs in certain circumstances, or for certain purposes, prescribed by the regulations: see subsections 13(2) and 13AA(2). Note 2: This Part does not apply to the import or export of HFCs for use on board ships or aircraft in certain circumstances: see section 12B. 97 At the end of section 36E Add: Note: An SGG licence does not stop being in force only because it is suspended: see subsection 19D(4). 98 Subsections 36F(2) and (3) Omit "An SGG licensee may", substitute "An SGG licensee (including the licensee for a suspended SGG licence) may". 99 Subsection 36H(1) After "by written notice given to an SGG licensee", insert "(including the licensee for a suspended SGG licence)". 100 Subsection 36H(1) (note 1) Omit "Note 1", substitute "Note". 101 Subsection 36H(1) (note 2) Repeal the note. 102 After subsection 36H(1) Insert: (1A) Before the time specified in the direction (or a later time specified in a notice under this subsection), the Minister may specify a later time by written notice given to the licensee. 103 Part VI Repeal the Part. 104 Before section 45A Insert: 45AA Simplified outline of this Part The regulations 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. 105 Paragraph 45A(1)(a) Repeal the paragraph, substitute: (a) prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances; 106 Paragraph 45A(1)(b) Before "regulating", insert "prohibiting or". 107 After paragraph 45A(1)(b) Insert: (ba) prohibiting or regulating the recovery, recycling or destruction of scheduled substances; 108 Paragraphs 45A(1)(d) After "(b)", insert ", (ba)". 109 Paragraph 45A(1)(e) After "(b),", insert "(ba),". 110 At the end of section 45A Add: (3) The regulations may make provision for regulating something by providing for it, or anything relating to it, to be determined by the Minister, including by legislative instrument. (4) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. (5) Regulations made for the purposes of this section must be consistent with Australia's international obligations. 111 Sections 45B and 45C Repeal the sections, substitute: 45B Discharge of scheduled substances Prohibition (1) A person contravenes this subsection if: (a) the person engages in conduct; and (b) the conduct results in the discharge of a scheduled substance; and (c) the discharge occurs in circumstances where it is likely that the scheduled substance will enter the atmosphere; and (d) the discharge is not in accordance with regulations made for the purposes of this paragraph. Exception (2) Subsection (1) does not apply if the discharge occurs as a result of using equipment, that contains a scheduled substance, for the purpose for which the equipment was designed. 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. (3) For the purposes of subsection (2), the use of a halon fire extinguisher during, or in connection with, a training exercise is taken not to be a use of the extinguisher for the purpose for which it was designed. Fault‑based offence (4) A person commits an offence if the person contravenes subsection (1). Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)). Penalty: 300 penalty units. Strict liability offence (5) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. Civil penalty provision (6) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 400 penalty units. 45C Use of HCFC (1) A person contravenes this subsection if: (a) the person uses an HCFC; and (b) the HCFC was manufactured or imported on or after 1 January 2020; and (c) the use is not for a purpose prescribed by the regulations for the purposes of this paragraph. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Note: The physical elements of an offence against this subsection are set out in subsection (1) (see subsection 6B(3)). Penalty: 300 penalty units. Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 400 penalty units. 112 Before section 46 Insert: 46AA Simplified outline of this Part 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. 113 Section 46 (heading) Repeal the heading, substitute: 46 Periodic reports in relation to scheduled substances 114 Subsection 46(1) Repeal the subsection, substitute: Requirement to report (1) A person who carries out any of the following activities during a reporting period must give the Minister a report in relation to the activity, in accordance with subsection (1A) of this section and the regulations: (a) manufacturing, importing or exporting a scheduled substance; (b) manufacturing, importing or exporting equipment under an equipment licence. Note: For paragraph (b)—an equipment licence is not always required for the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation: see (for example) subsections 13(4) and (6), 13AA(4) and (6) to (9), and 13AB(4) and (6). 115 Subsection 46(1A) Omit "15th day", substitute "31st day". 116 Subsections 46(2) to (2G) Repeal the subsections, substitute: Strict liability offence (2) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 40 penalty units. Civil penalty provision (3) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 60 penalty units. 117 Subsection 48(1) After "by a licensee", insert "(including the licensee for a suspended licence)". 118 Subsection 48(1) Omit ", export or destruction", substitute "or export". 119 At the end of section 48 Add: Note: A licensee may also have obligations in relation to the keeping and production of records, in relation to activities covered by section 45A, under regulations made for the purposes of that section. 120 Division 1 of Pa