Customs (Prohibited Imports) Regulations 1956

REGULATION 5K   IMPORTATION OF OZONE DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES  
Prohibition

5K(1)    
The importation into Australia (except from an external Territory) of the following is prohibited unless subregulation (2) applies:

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

(b)    equipment that contains such a substance;

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

Exception

5K(2)    
This subregulation applies if:

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

(b)    if the importation is allowed by a licence granted under section 16 of that Act:

(i) the licence, or a copy of the licence, is produced to a Collector; and

(ii) in the case of a substance imported in a non-refillable container - the conditions (if any) prescribed by regulations made for the purposes of item 7 of the table in subsection 18(1) of that Act in relation to the container and the import are satisfied.

Note 1:

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

Note 2:

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

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

for the importation of a substance - subsection 13AA(2) of that Act; and

(c) for the importation of equipment containing a substance - subsections 13AA(4), (6), (7), (8) and (9) of that Act; and

(d) for the importation of equipment that uses a substance in its operation - subsections 13AA(6), (7), (8) and (9) of that Act.

References to substances and equipment

5K(3)    
Section 9 of the OPSGGM Act (references to scheduled substances and equipment) applies in relation to this regulation as if this regulation were a provision of that Act.

Definition

5K(4)    
In this regulation:

equipment
has the same meaning as in the OPSGGM Act.

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