Document ID: chunk:federal_register_of_legislation:C2024C00535:section:8:p1
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 8 (pt 1/2)
Character Range: 72605–75746

8                   A suspended licence                                                                                       The licensee must comply with any directions the Minister gives to the licensee under either of the following sections:
                                                                                                                              (a) section 35A (directions to export HCFCs if quota exceeded);
                                                                                                                              (b) section 36H (directions to export HFCs if quota exceeded).

Note 1: For the quantity of HCFCs that is taken to be involved in regulated HCFC activities, see subsection 25A(2).
Note 2: For the quantity of HFCs that is taken to be involved in regulated HFC activities, see subsection 36B(2).
 (2) The conditions mentioned in items 5 and 6 of the table in subsection (1) do not apply to importing or exporting SGGs before the day the changes to Article 4 of the Montreal Protocol set out in Article I of the Kigali Amendment enter into force for Australia.
 (3) The Minister must announce, by notifiable instrument, the day the changes come into force for Australia.
Note: The changes cannot come into force before 1 January 2033.

Other conditions
 (4) The Minister may, when granting a licence or at any time afterwards, impose other conditions on the licence.
 (5) A condition imposed under subsection (4) has no effect unless it is set out in the licence, or in a written notice given to the licensee.
 (6) The following are examples of the kinds of conditions the Minister may impose under subsection (4):
 (a) conditions about the quantity of particular scheduled substances that the licensee may manufacture, import or export, as the case may be, during any period while the licence is in force;
 (b) conditions prohibiting the licensee from doing anything otherwise covered by the licence unless the licensee also holds another type of licence;
 (c) conditions about the purpose or purposes for which particular scheduled substances may be manufactured, imported or exported, as the case may be, under the licence;
 (ca) conditions requiring the licensee to enter into an arrangement for the recovery, recycling or destruction of scheduled substances with a person approved by the Minister under regulations made for the purposes of paragraph 45A(1)(ba);
 (d) conditions requiring the licensee to give written reports to the Minister.

Fault‑based offence
 (7) A licensee commits an offence if:
 (a) the licensee engages in conduct; and
 (b) the conduct contravenes a condition of the licensee's licence.
Penalty: 500 penalty units.

Strict liability offence
 (7A) A licensee commits an offence of strict liability if the licensee contravenes a condition of the licensee's licence.
Penalty: 60 penalty units.

Civil penalty provision
 (7B) A licensee is liable to a civil penalty if the licensee contravenes a condition of the licensee's licence.
Civil penalty: 600 penalty units.

Varying or revoking conditions
 (8) The Minister may, on his or her own initiative or on