Document ID: chunk:federal_register_of_legislation:C2024C00535:section:16:p2
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 16 (pt 2/2)
Character Range: 61643–63520

that contains a scheduled substance—subsection (6A) applies in relation to the equipment; and
 (b) in any case—the requirements (if any) prescribed by the regulations for the purposes of this paragraph in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied.
 (6A) For the purposes of paragraph (6)(a), this subsection applies if the Minister is satisfied that:
 (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 scheduled substances in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose; or
 (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 scheduled substances in the operation or manufacture, as the case requires, of the equipment; or
 (c) in the case of the import or export of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported or exported; or
 (d) in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or
 (e) in any case—both:
 (i) exceptional circumstances justify granting the licence; and
 (ii) granting the licence would not be inconsistent with Australia's international obligations under the Montreal Protocol; or
 (f) in any case—the manufacture, import or export would occur in circumstances prescribed by the regulations for the purposes of this paragraph.

Refusal of application
 (7) An application is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.