Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:2_69g
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 2 cl 69G
Character Range: 67206–69124

69G  Regulations concerning manufacture etc. of equipment containing scheduled substances
 (1) The regulations may include provisions prohibiting or regulating the manufacture, import, export, distribution or use of equipment that:
 (a) contains scheduled substances; or
 (b) uses scheduled substances in its operation.
 (2) The provisions that may be made by the regulations include, but are not limited to, provisions:
 (a) prohibiting the manufacture, import, export, distribution or use of particular kinds of equipment; or
 (b) prohibiting the manufacture, import, export, distribution or use of particular kinds of equipment except in accordance with prescribed requirements; or
 (c) prohibiting the manufacture or import of equipment by a person who has not complied with a code of practice relating to the recovery, recycling or disposal of scheduled substances used in equipment manufactured or imported by that person; or
 (d) prohibiting the distribution of equipment that is not labelled or marked in accordance with the regulations.
 (3) To avoid doubt, the provisions that may be made by the regulations include, but are not limited to, provisions prohibiting or regulating the import of ODS equipment or SGG equipment.
Note: Importing ODS equipment or SGG equipment is prohibited under paragraph 13(1)(b), except to the extent it is a Schedule 4 activity (and therefore prohibited under paragraph 13(1)(c)) or is prohibited by the regulations made for the purposes of this section.
 (4) A person does not contravene a regulation made for the purposes of this section by carrying out a section 69G activity if the person holds an equipment licence that allows the activity.
 (5) Subsection 13(5) (exception for certain private or domestic use) applies in relation to a regulation made for the purposes of this section in the same way as that subsection applies in relation to paragraph 13(1)(b) or (c).