manufacturing, importing or exporting a scheduled substance;

manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation.

controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs;

essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses;

used substances licences, that allow the import or export of used substances;

feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock;

equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation.

prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs);

prohibiting or regulating the recovery, recycling or destruction of scheduled substances;

labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances.

discharge a scheduled substance if it is likely to enter the atmosphere; or

use an HCFC that was manufactured or imported on or after 1 January 2020.

manufactures, imports or exports a scheduled substance; or

manufactures, imports or exports equipment under an equipment licence.

the use and disclosure of information obtained under this Act or the Regulatory Powers Act as it applies in relation to this Act; and

applicants and licensees to seek review of certain decisions made under this Act.

(a) definition of bromochloromethane;

(b) definition of carbon tetrachloride.

(a) definition of enforcement powers;

(b) definition of enforcement warrant.

the Minister; or

the Secretary; or

an APS employee in the Department; or

any other person employed in, or engaged by, the Department.

(a) definition of evidential burden;

(b) definition of evidential material;

(c) definition of Federal Court.

a member or special member of the Australian Federal Police; or

an officer of Customs; or

a person appointed by the Secretary as an inspector under section 49.

(a) definition of methyl chloroform;

(b) definition of monitoring powers.

contains a scheduled substance other than an SGG; or

uses a scheduled substance other than an SGG in its operation.

information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;

information the disclosure of which could reasonably be expected to prejudice the effective working of government;

information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;

information the disclosure of which could reasonably be expected to endanger a person’s life or physical safety;

information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment.

(a) definition of recycled or used HCFCs;

(b) definition of recycled or used methyl bromide;

(c) definition of recycled or used SGGs;

(d) definition of recycled or used stage-1 or stage-2 scheduled substances.

contains an SGG and does not contain any scheduled substance that is not an SGG; or

uses an SGG in its operation and does not use any scheduled substance that is not an SGG in its operation.

(a) definition of stage-1 CFC;

(b) definition of stage-2 CFC;

(c) definition of stage-1 scheduled substance;

(d) definition of stage-2 scheduled substance.

a Department of State of a State or Territory; or

an agency of a State or Territory; or

an authority of a State or Territory.

contains a scheduled substance (or type of scheduled substance); or

uses a scheduled substance (or type of scheduled substance) in its operation.

contained in equipment; or

used in the operation of equipment.

(a) equipment containing a scheduled substance (or type of scheduled substance); or

(b) equipment using a scheduled substance (or type of scheduled substance) in its operation;

(a) a bulk scheduled substance; nor

(b) contained in, or used in the operation of, the equipment.

(a) is taken to be, or not to be, a bulk scheduled substance; or

(b) is taken to be, or not to be, contained in equipment; or

(c) is taken to be, or not to be, used in the operation of equipment; or

is taken to be, or not to be, contained in equipment for the sole purpose of storing or transporting the substance;

is taken to be, or not to be, contained in equipment only because the substance was used in the process of manufacturing the equipment.

collected from a container or other equipment during servicing, or in connection with the disposal, of the container or other equipment; or

collected after an emissive use of the substance.

(a) is taken to be a used substance; or

(b) is taken not to be a used substance.

manufacturing, importing or exporting a scheduled substance;

manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation.

controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs;

essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses;

used substances licences, that allow the import or export of used substances;

feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock;

equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation.

terminate a licence if necessary for the purposes of giving effect to relevant international agreements; or

transfer a licence, on application; or

amend a licence at the request of the licensee; or

suspend or cancel a licence if the licensee contravenes a licence condition, is no longer a fit and proper person to hold a licence or, for a suspension, is uncontactable.

the CFC, halon, HCFC, HFC or PFC is on board a ship or aircraft;

the ship or aircraft has either or both of the following:

refrigeration and air conditioning equipment;

fire protection equipment;

the CFC, halon, HCFC, HFC or PFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between:

a place in Australia and a place outside Australia; or

2 places outside Australia.

a CFC;

a halon;

an HCFC;

an HFC;

a PFC.

the person manufactures a substance; and

the substance is a scheduled substance; and

the person does not hold a licence that allows the manufacture.

the person manufactures equipment; and

the equipment contains a substance; and

the substance is a scheduled substance; and

if the equipment is SGG equipment—the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

the person does not hold a licence that allows the manufacture.

of a kind prescribed by the regulations for the purposes of this paragraph; or

in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

the person manufactures equipment; and

the equipment uses a substance in its operation; and

the substance is a scheduled substance; and

the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

the person does not hold a licence that allows the manufacture.

of a kind prescribed by the regulations for the purposes of this paragraph; or

in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

the person imports a substance; and

the substance is a scheduled substance; and

the person does not hold a licence that allows the importation.

the person imports equipment; and

the equipment contains a substance; and

the substance is a scheduled substance; and

the person does not hold a licence that allows the importation; and

if the equipment contains an SGG—the person’s importation of the equipment is not covered by the low volume imports exemption under subsection (4).

the total amount of SGGs contained in the equipment is not greater than an amount prescribed by the regulations for the purposes of this paragraph; and

any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

the person imports equipment; and

the equipment uses a substance in its operation; and

the substance is a scheduled substance; and

the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

the person does not hold a licence that allows the importation.

of a kind prescribed by the regulations for the purposes of this paragraph; or

in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

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

the equipment is prescribed by the regulations for the purposes of this paragraph; and

any other conditions prescribed by the regulations for the purposes of this paragraph are satisfied.

the equipment is imported:

for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this subparagraph; and

with the intention of later exporting the equipment within a period not exceeding 12 months, or a longer period prescribed by the regulations for the purposes of this subparagraph; and

any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

the equipment is of a kind prescribed by the regulations for the purposes of this paragraph; and

the person had previously exported the equipment for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this paragraph; and

while the equipment was outside Australia, no change was made to the type and quantity of scheduled substances contained in or used in the operation of the equipment, except in circumstances, or for purposes, (if any) prescribed by the regulations for the purposes of this paragraph; and

title to the equipment remains unchanged between the time of export and time of import of the equipment.

the person exports a substance; and

the substance is a scheduled substance; and

the person does not hold a licence that allows the export.

the substance is an HCFC and the substance is exported in accordance with a direction given to the person by the Minister under section 35A; or

the substance is an HFC and the substance is exported in accordance with a direction given to the person by the Minister under section 36H; or

the substance is an SGG (other than an SGG that is a used substance) and the substance is exported in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

the person exports equipment; and

the equipment contains a substance; and

the substance is a scheduled substance; and

the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

the person does not hold a licence that allows the export.

of a kind prescribed by the regulations for the purposes of this paragraph; or

in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

the person exports equipment; and

the equipment uses a substance in its operation; and

the substance is a scheduled substance; and

the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

the person does not hold a licence that allows the export.

of a kind prescribed by the regulations for the purposes of this paragraph; or

in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

scheduled substances that are used substances; or

the import or manufacture of scheduled substances that are used exclusively as a feedstock.

manufacture specified scheduled substances for essential uses;

import specified scheduled substances for essential uses;

export specified scheduled substances for essential uses.

scheduled substances that are used substances; or

scheduled substances that are used exclusively as a feedstock; or

methyl bromide; or

SGGs other than HFCs.

import specified substances that are used substances;

export specified substances that are used substances.

manufacture specified scheduled substances exclusively for use as a feedstock;

import specified scheduled substances exclusively for use as a feedstock.

manufacture specified ODS equipment;

import specified ODS equipment;

export specified ODS equipment;

manufacture specified SGG equipment;

import specified SGG equipment;

export specified SGG equipment.

must also have regard to each consideration in column 2 of the table in subsection (1) in relation to each person who is an executive officer of the body (whether or not the person was an executive officer of the body corporate at the time a matter occurs that relates to the consideration); and

(b) may also have regard to whether the body is a Chapter 5 body corporate within the meaning of the Corporations Act 2001.

manufacture specified ODS equipment;

import specified ODS equipment;

export specified ODS equipment;

manufacture specified SGG equipment;

import specified SGG equipment;

export specified SGG equipment.

for equipment that contains a scheduled substance—subsection (6A) applies in relation to the equipment; and

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.

both:

the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and

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

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

in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or

in any case—both:

exceptional circumstances justify granting the licence; and

granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol; or

in any case—the manufacture, import or export would occur in circumstances prescribed by the regulations for the purposes of this paragraph.

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);

the licensee engages in conduct; and

the conduct contravenes a condition of the licensee’s licence.

(a) for critical uses; or

(b) for an emergency use; or

(c) for laboratory and analytical uses;

exempt from a provision of the Montreal Protocol, under any decision made by the parties to the Montreal Protocol that applies to Australia, on account of being critical uses, an emergency use or laboratory and analytical uses (as the case requires); and

in compliance with the conditions of any such decision.

it is applied by, or with the authorisation of, a Commonwealth, State or Territory authority to prevent the introduction, establishment or spread of a pest or disease in Australia, a State or a Territory; or

it is applied to a commodity, before it is exported, to meet the requirements of the importing country or a law of the Commonwealth.

is no longer a fit and proper person to hold a licence; or

has contravened a condition of the licence; or

is uncontactable.

the reasons for the suspension; and

the day the suspension takes effect; and

either or both of the following:

the actions the licensee must take for the suspension to end;

a fixed period for the suspension.

vary the suspension notice;

revoke the suspension.

prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs);

prohibiting or regulating the recovery, recycling or destruction of scheduled substances;

labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances.

discharge a scheduled substance if it is likely to enter the atmosphere; or

use an HCFC that was manufactured or imported on or after 1 January 2020.

prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

prohibiting or regulating the recovery, recycling or destruction of scheduled substances;

the person engages in conduct; and

the conduct results in the discharge of a scheduled substance; and

the discharge occurs in circumstances where it is likely that the scheduled substance will enter the atmosphere; and

the discharge is not in accordance with regulations made for the purposes of this paragraph.

the person uses an HCFC; and

the HCFC was manufactured or imported on or after 1 January 2020; and

the use is not for a purpose prescribed by the regulations for the purposes of this paragraph.

manufactures, imports or exports a scheduled substance; or

manufactures, imports or exports equipment under an equipment licence.

manufacturing, importing or exporting a scheduled substance;

manufacturing, importing or exporting equipment under an equipment licence.

a person is convicted of an offence, or a civil penalty order is made, in relation to the relevant contravention; or

the goods are seized under the Regulatory Powers Act.

an offence against this Act or the regulations; or

a contravention of a civil penalty provision of this Act or the regulations.

each provision of this Act and the regulations;

(b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to one or more of the provisions mentioned in paragraph (a).

(a) the following provisions of the Customs Act 1901 are related to the provisions and the information:

subsections 50(4) and (7) (prohibited imports);

subsections 112(2B) and (2BC) (prohibited exports);

an inspector is an authorised applicant; and

an inspector is an authorised person; and

(d) a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

a designated court is a relevant court.

whether a provision mentioned in subsection 50(1) has been, or is being, complied with; or

the correctness of information mentioned in subsection 50(2);

the power to take samples of any thing on premises entered under Part 2 of the Regulatory Powers Act; and

the power to remove, test and analyse such samples; and

the power to secure premises entered under Part 2 of the Regulatory Powers Act; and

the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

the power to secure a container on premises entered under Part 2 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing).

an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

a provision that creates an offence against this Act or the regulations; or

a civil penalty provision of this Act or the regulations.

(a) the following provisions of the Customs Act 1901 are related to that evidential material:

subsections 50(4) and (7) (prohibited imports);

subsections 112(2B) and (2BC) (prohibited exports); and

an inspector is an authorised applicant; and

an inspector is an authorised person; and

(d) a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

a designated court is a relevant court.

the power to take samples of any thing on premises entered under Part 3 of the Regulatory Powers Act; and

the power to remove, test and analyse such samples; and

the power to secure premises entered under Part 3 of the Regulatory Powers Act; and

the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and

(f) if the authorised person has the power to seize a thing (the seizable thing) under Part 3 of the Regulatory Powers Act—the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the inspector reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container.

subject to paragraph (b) of this subsection—the time that requirement applies in relation to the seizable thing;

if the seizable thing is the subject of a forfeiture notice under section 60A of this Act—the time:

the seizable thing is returned under subsection 60B(5) of this Act; or

the seizable thing is forfeited to the Commonwealth under section 60C of this Act.

operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 52(1) of this Act; and

use a disk, tape or other storage device that:

is on those premises; and

can be used with the equipment or is associated with it;

an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

on application by an inspector; and

if the Secretary is satisfied that the pressurised container:

constitutes a danger to public health and safety; or

may cause damage to the environment.

scheduled substances in respect of the manufacture of which person has contravened subsection 13(1);

scheduled substances in respect of the import of which a person has contravened subsection 13AA(1);

scheduled substances in respect of the export of which a person has contravened subsection 13AB(1);

equipment that contains a scheduled substance, and the scheduled substance itself, if a person has contravened subsection 13(3), 13AA(3) or 13AB(3) in respect of the manufacture, import or export of the equipment;

equipment that uses a scheduled substance in its operation, if a person has contravened subsection 13(5), 13AA(5) or 13AB(5) in respect of the manufacture, import or export of the equipment;

a non-refillable container, and any scheduled substance it contains, if a person has contravened the licence condition specified in item 7 of the table in subsection 18(1) in respect of the import of the scheduled substance in the container;

prescribed goods in respect of which a person has contravened a prescribed provision of the regulations.

the person is convicted of an offence against this Act or the regulations for a contravention of the provision; or

a civil penalty order is made against the person for a contravention of the provision.

the person engages in conduct; and

the conduct causes goods to be moved, altered or interfered with; and

the goods are the subject of a notice under subsection 59(2).

the person is given under subsection 59(3) a copy of a notice under subsection 59(2); and

the person fails to take all reasonable precautions, or to exercise all due diligence, to prevent the moving, alteration or interference with the goods to which the notice relates except in accordance with a direction given by the Secretary.

each provision of this Act or the regulations, contravention of which constitutes an offence of strict liability;

each civil penalty provision of this Act or the regulations.

an offence against this Act or the regulations; or

a contravention of a civil penalty provision of this Act or the regulations.

how the person is to give the information or produce the document;

the period (which must be at least 14 days after the day the notice is given) within which the person is to give the information or produce the document;

(c) the effect of subsection (4) and sections 137.1 and 137.2 of the Criminal Code.

the person is given a notice under subsection (2); and

the person fails to comply with the notice within the period specified in the notice.

the information given or document produced; and

the giving of the information or the production of the document; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information or the production of the document;

this section; or

(e) Criminal Code that relates to this section.section 137.1 or 137.2 of the

application fees received by the Commonwealth under this Act or the regulations;

(b) levy amounts received by the Commonwealth under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 or the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;

income received by the Commonwealth from the operation of the National Halon Bank;

interest received by the Commonwealth from the investment of money standing to the credit of the Account.

administering this Act and the regulations;

furthering certain programs to phase out or phase down, or minimise emissions of, scheduled substances;

managing the National Halon Bank;

research relating to ozone depleting substances or SGGs.

(a) amounts received by the Commonwealth under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 or the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;

programs to phase out or phase down scheduled substances;

the Minister;

the Secretary;

an APS employee in the Department;

any other person employed in, or engaged by, the Department.

the Minister reasonably believes that the disclosure of the information is necessary for the purposes of:

the Minister performing functions, or exercising powers, under this Act; or

the administration of a State or Territory law; and

the State or Territory government body has undertaken not to use or further disclose the information except in accordance with an agreement that:

is in force between the Commonwealth and the State or Territory; and

applies in relation to the information; and

the Minister is satisfied that the information will be used and further disclosed only in accordance with the agreement.

the Minister reasonably believes that the disclosure of the information is necessary for:

the enforcement of the criminal law; or

the enforcement of a law imposing a pecuniary penalty; or

the protection of public revenue; and

the functions of that body include that enforcement or protection.

a Commonwealth entity;

a State or Territory government body;

the Australian Federal Police;

the police force or police service of a State or Territory.

the person has consented to the use or disclosure; and

the use or disclosure is in accordance with that consent.

summaries of relevant information; or

statistics derived from relevant information;

for the purposes of proceedings before:

a court; or

a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or

in accordance with an order of a court or such a tribunal, authority or person.

the person is, or has been, an entrusted person; and

the person has obtained relevant information in the person’s capacity as an entrusted person; and

the information is protected information; and

the person uses or discloses the information.

this Act; or

any other law of the Commonwealth; or

a prescribed law of a State or a Territory.

the person is, or has been, an official of a Commonwealth entity; and

the person has obtained relevant information in the person’s capacity as an official of the entity; and

the information is protected information that was disclosed to the entity under section 65F; and

the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.

a reviewable decision made by the Minister personally; or

a decision made on a reconsideration of a reviewable decision.

a decision under section 16 to refuse to grant a licence (including a decision that is taken to have been made under section 17);

a decision under section 18 to impose, revoke or vary a licence condition;

a decision under section 19AC to refuse to renew a licence (including a decision that is taken to have been made under section 19AD);

a decision under section 19A to terminate a licence;

a decision under section 19B to refuse to transfer a licence;

a decision under section 19C to refuse to amend a licence;

a decision under subsection 19D(1) to suspend a licence;

a decision under subsection 19D(3) to specify either or both of the following in a suspension notice given under that subsection:

actions the licensee must take for the suspension to end;

a fixed period for the suspension;

a decision under paragraph 19D(7)(a) to vary a suspension notice;

a decision under section 20 to cancel a licence;

a decision under section 28 to allocate, or refuse to allocate, a quota;

a decision under section 33 to vary or revoke a reserve HCFC quota;

a decision under section 35A to direct a licensee to export a quantity of HCFCs;

a decision under section 36H to direct an SGG licensee to export a quantity of HFCs.

the reasons for the decision; and

details of the applicant’s or licensee’s right to have the decision reconsidered under section 65ZA or to apply for review of the decision under section 65ZC (as the case requires).

a reviewable decision made by the Minister personally; or

a reconsideration decision.

be in writing; and

be made within:

21 days after the day on which the original decision is made (or taken to have been made); or

if, either before or after the end of that 21-day period, the Minister extends the period within which the application may be made—the extended period; and

set out the reasons why the applicant or licensee wants the original decision reconsidered.

not have been involved in making the original decision; and

except in the case of a decision taken to have been made under section 17 or 19AD—occupy a position that is at least as senior as that occupied by the person who made the original decision.

must affirm, vary or set aside the original decision; and

if the original decision is set aside—may make such other decision as the Minister thinks appropriate.

reasons for the reconsideration decision; and

details of the applicant’s or licensee’s right to apply for review of the reconsideration decision under section 65ZC.

on the day specified in the notice of the reconsideration decision given under subsection (2); or

if a day is not specified—on the day the reconsideration decision is made, or taken to have been made (see subsection (5)).

the period of 60 days starting on the day after the application for reconsideration was made, unless paragraph (b) or (c) applies;

if the Minister has requested further information by a notice given under subsection 65ZA(3) and such information is provided—the period of 60 days starting on the day after the information is provided;

if the Minister has requested further information by a notice given under subsection 65ZA(3) and such information is not provided—the period of 90 days starting on the day after the notice was given under that subsection.

a reviewable decision made by the Minister personally;

a reconsideration decision.

the Secretary; or

an SES employee or acting SES employee in the Department; or

for a power or function under section 66 or 67 of the Regulatory Powers Act—an inspector.

the Vienna Convention; and

the Montreal Protocol; and

the Framework Convention on Climate Change; and

the Kyoto Protocol; and

the Paris Agreement.

manufacturing, importing or exporting a substance, scheduled substance or type of scheduled substance;

distributing, disposing of, purchasing or acquiring a substance, scheduled substance or type of scheduled substance;

storing, using or handling a substance, scheduled substance or type of scheduled substance;

engaging in conduct that results in the discharge of a substance, scheduled substance or type of scheduled substance;

recovering, recycling or destroying a substance, scheduled substance or type of scheduled substance.

uses a scheduled substance in its operation; or

contains a scheduled substance.

such an activity carried out by a body corporate that is incorporated in a Territory; or

such an activity carried out in a Territory.

trade and commerce between Australia and places outside Australia; or

trade and commerce among the States; or

trade and commerce between a State and a Territory.

(a) such an activity carried out in the supply of goods or services to the Commonwealth, or a corporate Commonwealth entity or a Commonwealth company (both within the meaning of the Public Governance, Performance and Accountability Act 2013); or

such an activity carried out by the Commonwealth, or a corporate Commonwealth entity or a Commonwealth company (both within the meaning of that Act).

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

the charging and recovery of fees for applications under this Act or the regulations (including by non-government bodies); and

the remission, refund or waiver of those fees, or the exemption of persons from payment of those fees.

the Vienna Convention;

the Montreal Protocol;

the Framework Convention on Climate Change;

the Kyoto Protocol;

the Paris Agreement;

a decision adopted or made under an international agreement covered by any of paragraphs (a) to (e).

was granted under the OPSGGM Act before the commencement of this item; and

immediately before that commencement:

was in force; or

had not yet come into force and had not been terminated or cancelled.

the licence ceases to be in force; or

the licence is renewed.

controlled substances licences;

essential uses licences;

used substances licences;

equipment licences.

to grant a licence, whether the licence is applied for before, on or after that commencement; or

to renew a licence, whether the renewal is applied for before, on or after that commencement; or

to transfer, suspend or cancel a licence, whether the licence is granted before, on or after that commencement.

ceased to be a fit and proper person to hold a licence; or

contravened a condition of the licence;

whether a provision mentioned in subsection 50(1) of the OPSGGM Act (as so amended) has been or is being complied with on or after that commencement; or

whether a provision of the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement) has been or is being complied with before, on or after that commencement; or

the correctness of information given on or after that commencement in compliance, or purported compliance, with a provision mentioned in subsection 50(2) of the OPSGGM Act (as so amended); or

the correctness of information given before, on or after that commencement in compliance, or purported compliance, with the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement).

a contravention or suspected contravention, on or after the commencement of this item, of a provision mentioned in subsection 52(1) of the OPSGGM Act (as so amended); or

a contravention or suspected contravention, before, on or after the commencement of this item, of:

a provision of the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement) that created an offence against that Act or those regulations; or

(ii) Criminal Code, in so far as those sections relate to the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement); orsection 137.1 or 137.2 of the

a civil penalty provision of the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement).

an application for a warrant made, but not decided, before that commencement under section 55E or 55F of the OPSGGM Act (as in force immediately before that commencement);

a warrant issued, or completed and signed, before, on or after that commencement under section 55E or 55F of the OPSGGM Act (as in force immediately before that commencement) as a result of an application made before that commencement;

powers exercised, rights created and duties imposed under provisions of that Division before, on or after that commencement as a result of:

an entry to premises, before that commencement, under section 51 of the OPSGGM Act (as in force immediately before that commencement); or

an entry to premises, before that commencement, under section 52 of the OPSGGM Act (as in force immediately before that commencement) with the consent of the occupier of the premises or a person apparently representing the occupier; or

an entry to premises before, on or after that commencement as a result of a warrant referred to in paragraph (b);

things seized or secured under provisions of that Division before, on or after that commencement as a result of an entry referred to in subparagraph (c)(i), (ii) or (iii).

the alleged commission of an offence referred to in paragraph 65AA(1)(a) or (b) of the OPSGGM Act (as then in force) that occurs before that commencement; and

the alleged contravention of a civil penalty provision referred to in subsection 65AA(3) of the OPSGGM Act (as then in force) that occurs before that commencement.

a contravention or possible contravention, on or after the commencement of this item, of a provision referred to in subsection 64A(1) of that Act (as so amended); or

a contravention or possible contravention, before, on or after that commencement, of the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement).

a person is convicted of an offence, against a provision referred to in old subsection 57(1), that was committed before that commencement;

a civil penalty order is made against a person for contravening a provision referred to in old subsection 57(1) before that commencement.

an inspector seizes goods under section 49 or 52 of the Regulatory Powers Act on or after the commencement of this item; and

the goods relate to a contravention of a provision referred to in old subsection 57(1) that occurred, or is suspected to have occurred, before that commencement.

the offence referred to in paragraph 64B(1)(a) is committed, or believed to have been committed, before the commencement of this item; or

the contravention of the civil penalty provision referred to in paragraph 64B(1)(b) occurred, or is believed to have occurred, before that commencement.