Document ID: chunk:federal_register_of_legislation:C2004A01211:clause:1_41
Version: federal_register_of_legislation:C2004A01211
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 10131–11734

41  Montreal Protocol countries

 (1) The Minister must maintain a Register of Montreal Protocol Countries, listing:
 (a) each country that is to be treated as a Montreal Protocol country for the purposes of this Part; and
 (b) for each such country—the substance or substances for which it is to be treated as a Montreal Protocol country for the purposes of this Part.

 (2) The Minister must not list a country in the Register for a particular substance if to do so would be inconsistent with Australia's obligations in relation to the import of any of the following things from countries that are not parties to the Montreal Protocol:
 (a) scheduled substances;
 (b) products containing scheduled substances;
 (c) products manufactured using scheduled substances.

 (3) For the purposes of this Part, a country is a non‑Montreal Protocol country at a particular time for a particular substance if the country is not listed in the Register at that time for that substance.

Example: If a country is listed in the Register for substance A but not for substance B (both being stage‑1 scheduled substances), then subsection 44(1) prohibits the import of substance B from that country but does not apply to the import of substance A from that country.

 (4) The Minister must ensure that the Register is accessible to the public through the Internet.

 (5) The Minister may give a written certificate stating that a specified country was, or was not, on a specified date, listed in the Register for a specified substance. The certificate is prima facie evidence of the matters stated in the certificate.