Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:1_13
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 10212–12647

13  Unlicensed manufacture, import or export

Substances and equipment
 (1) A person must not, subject to subsections (2) to (6):
 (a) manufacture, import or export any of the following:
 (i) an HCFC;
 (ii) methyl bromide;
 (iii) an SGG;
 (iv) an HBFC;
 (v) a stage‑1 or stage‑2 scheduled substance; or
 (b) import ODS equipment or SGG equipment.

Exceptions
 (2) Subsection (1) does not apply to an activity allowed by a licence the person holds.
Note 1: See section 13A for the activities allowed by each type of licence.
Note 2: No licence allows the manufacture or export of HBFCs.
 (3) Subparagraph (1)(a)(iii) does not apply to manufacturing, importing or exporting an SGG (other than a recycled or used SGG) in circumstances prescribed by the regulations.
 (4) Regulations made for the purposes of subsection (3) must be consistent with Australia's international obligations.
 (5) Paragraph (1)(b) does not apply to a person carrying out an activity in relation to 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; and
 (c) any conditions prescribed by the regulations are satisfied.
 (6) Paragraph (1)(b) does not apply to a person importing ODS equipment or SGG equipment if:
 (a) in the case of ODS equipment—the total amount of HCFC contained in ODS equipment in the importation is not greater than the amount (if any) prescribed by the regulations; and
 (b) in the case of SGG equipment—the total amount of an SGG contained in SGG equipment in the importation is not greater than the amount (if any) prescribed by the regulations in relation to the SGG; and
 (c) in any case—any other conditions prescribed by the regulations in relation to the person, the equipment, and the importation are satisfied.
Note: In a prosecution for an offence against subsection (7), a defendant bears an evidential burden in relation to the matter in subsection (2), (3), (5) or (6) (see subsection 13.3(3) of the Criminal Code).

Penalties
 (7) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 500 penalty units.
 (8) Subsection (1) is a civil penalty provision.
Note 1: Division 7 of Part VIII provides for pecuniary penalties for breaches of civil penalty provisions.
Note 2: For maximum penalty, see subsections 65AC(4) and (4A).