Australian Capital Territory Numbered Acts

OZONE PROTECTION ACT 1991 (NO 107 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Ozone Protection Act 1991.  
   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      (1) In this Act, unless the contrary intention appears—“approved course” means a course approved under section 24; “approved examination” means an examination approved under section 25; “Authority” means the Pollution Control Authority established under the Air Pollution Act 1984; “Commonwealth Act” means the Ozone Protection Act 1989 of the Commonwealth; “corresponding law” means a law of a State or another Territory relating to the use of ozone depleting substances; “deal” means sell, supply, transport or store; “dispose of” includes destroy; “inspector” means a person appointed to be an inspector under section 27; “licence” means a licence granted under section 14; “licensee” means the holder of a licence; “occupier”, in relation to premises, includes a person who is, or is reasonably believed to be, in charge of the premises; “ozone depleting substance” means—  
   4.      This Act binds the Crown.  

   PART II--CONTROL OF OZONE DEPLETING SUBSTANCES

   5.      A person shall not, without reasonable excuse, discharge an ozone depleting substance into the atmosphere.  
   7.      A person shall not, without reasonable excuse, service an article containing an ozone depleting substance except in accordance with a licence.  
   8.      A person shall not, without reasonable excuse, use an ozone depleting substance except in accordance with a licence.  
   9.      (1) A person shall not, without reasonable excuse, deal with, use or manufacture an ozone depleting substance after the prescribed date.  
   10.     (1) A person shall not, without reasonable excuse, deal with an ozone depleting substance or an article containing an ozone depleting substance unless the substance is labelled in accordance with the regulations.  
   11.     A person shall not, without reasonable excuse—  
   13.     (1) Application may be made to the Authority for a licence to—  
   15.     (1) A licence shall specify—  
   17.     A licence authorises the licensee, subject to the licence, to do such of the following as are specified in the licence:  
   18.     The Authority shall, on application being made, and on payment of the determined fee, before the expiration of the term of a licence, renew the licence for such period as is specified in the licence, commencing on the day immediately following the day on which, but for its renewal, the licence would have expired.  
   20.     (1) Where the Authority considers it necessary to do so, having regard to the circumstances leading to the giving of a notice under subsection 19 (1) and the grounds specified in the notice, the Authority may suspend a licence before the licensee shows cause to the contrary.  
   22.     A licence granted under section 14 or 21 or renewed under section 18 remains in force—  

   PART III--APPROVED COURSES AND EXAMINATIONS

   25.     The Authority may, by instrument in writing, determine that a specified examination is an approved examination for the purposes of this Act.  

   PART IV--ENFORCEMENT THINGS CONNECTED WITH OFFENCES

   28.     A person appointed to be an inspector shall not, without reasonable excuse, fail to return his or her identity card to the Authority on ceasing to be an inspector.  
   31.     An inspector who takes a sample under subparagraph 29 (2) (e) (ii) shall give a receipt for the sample to the occupier of the premises from which the sample was taken.  
   34.     A person shall not, without reasonable excuse—  
   35.     A person shall not, in purported compliance with a requirement made by the Authority or an inspector under the Act, give the Authority or the inspector—  
   36.     If the Authority believes on reasonable grounds that it is necessary in order to prevent the emission of an ozone depleting substance into the atmosphere, the Authority may cause to be published in a daily newspaper published and circulating in the Territory, a notice about—  
   38.     (1) Where there are reasonable grounds for believing—  
   39.     An ozone protection notice shall, in addition to the matters specified in accordance with subsection 38 (4), specify—  
   40.     (1) Where an ozone protection notice has been given to an occupier, the Authority may, of its own motion or upon application in writing by the occupier—  
   42.     Application may be made to the Tribunal for a review of a decision by the Authority—  

   PART V--MISCELLANEOUS CORPORATIONS--PENALTIES

   44.     Where a body corporate is convicted of an offence against this Act or the regulations, the penalty that a court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.  
   47.     The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.