Clean Energy (Consequential Amendments) Act 2011 (132 of 2011)

Schedule 1   General amendments

Part 2   Amendments commencing on 1 July 2012

Division 1   Amendments

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

442   After section 46

Insert:

46A Quarterly reports by manufacturers, importers and exporters of SGGs, ODS equipment or SGG equipment

Manufacturer

(1) If:

(a) a person manufactures an SGG during:

(i) the quarter beginning on 1 July 2012; or

(ii) a later quarter; and

(b) the manufacture is not in circumstances prescribed by regulations made for the purposes of paragraph 13(1A)(b);

the person must, before the 15th day after the end of the quarter, give the Minister a report in accordance with the regulations.

Importer

(2) If:

(a) a person imports an SGG during:

(i) the quarter beginning on 1 July 2012; or

(ii) a later quarter; and

(b) the import is not in circumstances prescribed by regulations made for the purposes of paragraph 13(1A)(b); and

(c) the SGG is not contained in ODS equipment or SGG equipment;

the person must, before the 15th day after the end of the quarter, give the Minister a report in accordance with the regulations.

(3) If:

(a) a person imports ODS equipment or SGG equipment during:

(i) the quarter beginning on 1 July 2012; or

(ii) a later quarter; and

(b) the import is not covered by paragraph 13(6A)(b);

the person must, before the 15th day after the end of the quarter, give the Minister a report in accordance with the regulations.

Exporter

(4) If:

(a) a person exports an SGG during:

(i) the quarter beginning on 1 July 2012; or

(ii) a later quarter; and

(b) the export is not in circumstances prescribed by regulations made for the purposes of paragraph 13(1A)(b);

the person must, before the 15th day after the end of the quarter, give the Minister a report in accordance with the regulations.

Offence

(5) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1), (2), (3) or (4); and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty: 60 penalty units.

(6) An offence under subsection (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

(7) Subsections (1), (2), (3) and (4) are civil penalty provisions .

Note 1: Division 7 of Part VIII provides for pecuniary penalties for breaches of civil penalty provisions.

Note 2: For maximum penalty, see subsection 65AC(4).