CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

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

5K(1)    
The importation into Australia (except from an external Territory) of:

(a) a substance mentioned in column 2 of an item in Schedule 10; or

(b) ODS equipment or SGG equipment;

is prohibited.

5K(2)    
Subregulation (1) does not apply if a licence to import the substance or equipment has been granted under section 16 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and the licence, or a copy of the licence, is produced to a Collector.

5K(3)    
Subregulation (1) does not apply to a substance that is present in goods because the substance was used in the manufacturing process for the goods.

5K(4)    
Subregulation (1) does not apply to a CFC, HCFC or SGG in relation to which all of the following conditions are satisfied:

(a) the CFC, HCFC or SGG is on board a ship or aircraft;

(b) the ship or aircraft has air conditioning or refrigeration equipment;

(c) the CFC, HCFC or SGG is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, 1 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.

5K(5)    
(Repealed by SLI No 120 of 2012)

5K(6)    
Subregulation (1) does not apply to ODS equipment or SGG equipment in relation to which subsection 13(5) or (6) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 applies.

5K(7)    
In this regulation:

ODS equipment
has the same meaning as in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .

SGG equipment
has the same meaning as in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .