Document ID: chunk:federal_register_of_legislation:F2024L00730:clause:1_3da
Version: federal_register_of_legislation:F2024L00730
Segment Type: clause
Provision Reference: sch 1 cl 3DA
Character Range: 5486–7323

3DA  Circumstances in which Minister may grant equipment licences—SGG equipment
 (1) For the purposes of subsection 16(5) of the Act, it is a requirement in relation to the SGG equipment that the Minister is satisfied that:
 (a) the equipment is not small SGG air conditioning equipment; or
 (b) if the equipment is small SGG air conditioning equipment—one or more of the circumstances mentioned in subregulation (2) applies in relation to the equipment.
 (2) For the purposes of paragraph (1)(b), the circumstances are as follows:
 (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 an HFC that has a global warming potential of more than 750 in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose;
 (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 an HFC that has a global warming potential of more than 750 in the operation of the equipment;
 (c) in the case of the import of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported;
 (d) the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment;
 (e) both:
 (i) exceptional circumstances justify granting the licence in relation to the equipment; and
 (ii) granting the licence would not be inconsistent with Australia's international obligations under the Montreal Protocol.

Part 2—Amendments commencing 1 July 2025

Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995