Review of the
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
and associated legislation: Terms of Reference
Introduction
The Ozone Acts1 protect the environment by reducing emissions of ozone depleting
substances (ODS) and synthetic greenhouse gases (SGGs). The Ozone Acts are supported
by regulations2. The Ozone Acts allow Australia to meet its international treaty obligations
relating to ODS and SGGs3.
Australia has a long history of success in reducing emissions of ODS and SGGs through
working in partnership with businesses that supply and use these gases. Protecting the ozone
layer is one of the world’s great environmental success stories. As part of this, Australia has
met or exceeded all of its Montreal Protocol on Substances that Deplete the Ozone Layer
(Montreal Protocol) obligations to phase out ODS. The ozone layer should recover to pre-1980
levels between 2050 and 2065 if Australia and the international community continue to meet
their Montreal Protocol obligations.
The Ozone Acts control the manufacture, import, export and end use of ODS and SGGs and
products containing these gases. These gases are commonly used in refrigeration and air
conditioning equipment, medical and veterinary equipment, foams, aerosols and electrical
switchgear. These gases are also used as fumigants, industrial feedstock, and as fire
suppressants in the fire protection industry.
The Ozone Acts support domestic management of SGGs as part of Australia’s contribution to
global emissions reductions under the United Nations Framework Convention on Climate
Change and its Kyoto Protocol.
While the Ozone Acts have been successful to date, they have not been reviewed since 2001
and so it is timely to assess their appropriateness, efficiency and effectiveness. This
assessment will identify opportunities to reduce regulatory burden for businesses that use or
supply ODS and SGGs as part of the Australian Government’s deregulation agenda. It is also
timely to review the current controls on ODS as Australia nears complete phase out of these
gases. Reviewing the Ozone Acts also provides an opportunity to consider current emissions
1
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, the Ozone Protection and
Synthetic Greenhouse Gas (Import Levy) Act 1995 and the Ozone Protection and Synthetic
Greenhouse Gas (Manufacture Levy) Act 1995.
2 Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995, the Ozone
Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2004, and the Ozone Protection
and Synthetic Greenhouse Gas (Manufacture Levy) Regulations 2004.
3 Australia has obligations under the Vienna Convention for the Protection of the Ozone Layer, the
Montreal Protocol on Substances that Depleted the Ozone Layer relating to ODS and the United
Nations Framework Convention on Climate Change and the Kyoto Protocol relating to SGGs.
reduction for ODS and SGGs and the most effective ways to achieve reductions into the
future.
The review provides a timely opportunity to consider how the Ozone Acts can be streamlined
and how non-regulatory approaches could contribute to SGG emissions reduction in the future
in line with international efforts. Hydrofluorocarbons (HFCs), a type of SGG, are a fast growing
sector of greenhouse gas emissions and are often used as replacements for ODS. Parties to
the Montreal Protocol have been discussing a HFC phase down for the past five years. While
there is no agreement to date, it is becoming more likely that an amendment to the Montreal
Protocol will occur in the future.
Terms of Reference
The objectives of the review are to:

Identify opportunities to improve and streamline the operation of the Ozone Acts including
reducing regulatory compliance costs for business and the community

Identify opportunities to reduce emissions of ODS and SGGs in line with international
efforts.
The review objectives will be achieved by assessing:
1.
Current use and emissions of ODS and SGGs covered by the Ozone Acts.
2.
The appropriateness, effectiveness and efficiency of the existing regulatory mechanisms
including those covering:

Import and export arrangements

Domestic end use arrangements

Exemptions

Destruction

Levies
3.
The interaction and consistency of the regulation of ODS and SGGs with other
Commonwealth, state and territory policies and legislation including work health and
safety, dangerous goods and hazardous substances, energy efficiency, competition and
consumers, and occupational licensing.
4.
Potential future use of ODS, use and emissions of SGGs, and alternatives to these
gases with low global warming potentials.
5.
The opportunities under the Ozone Acts or through non-regulatory approaches to reduce
emissions of ODS and SGGs, including a potential phase down of HFCs.
6.
The cost and benefits of any amendments to the Ozone Acts.
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Review process
The Government seeks input from businesses that supply and use ODS and SGGs, members
of the community and state and territory government on the review. The Department of the
Environment will seek input through a Technical Working Group and an open consultation
process.
Key dates
Release of review Terms of Reference for public submissions
19 May 2014
Public submissions due on Terms of Reference
18 July 2014
Release of Interim Report for public consultation
Late 2014
Release of Final Report
Mid 2015
Technical Working Group
The Department will establish a Technical Working Group in consultation with industry
technical advice throughout the review. Members will include representatives with relevant
expertise from ODS and SGG associations that reflect the range of groups directly affected by
the Ozone Acts.
Submissions
The Department invites written submissions responding to the Terms of Reference from all
interested businesses and members of the community. Submissions received will be
considered throughout the course of the review.
Submissions on the Terms of Reference are due 18 July 2014.
Each submission, unless it is explicitly provided in confidence, will be published on the
Department’s website. Copyright of submissions will reside with the author(s) and not with the
Government.
Where possible, submissions in response to the Terms of Reference should be lodged
electronically, via the email address below. Submissions may alternatively be sent to the
postal address below to arrive by close of business 18 July 2014.
Email: ozone@environment.gov.au
Post: Ozone and Synthetic Greenhouse Gas Act Review
Department of the Environment
GPO Box 787
CANBERRA, ACT 2601
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Public comment will be sought again after the release of an Interim Report. Submissions
received through these two consultation processes will inform the Final Report. Input received
throughout the course of the review will be considered in the development of an Interim
Report, to be published in late 2014, and the Final Report to be published at the end of the
review process.
Administration
Privacy Statement
Your views and nominations are being sought by the Department for the purpose of providing
input on the review of the Ozone Act. Personal information that you provide will be used for the
following purposes:

to seek input in relation to the Review;

where a submission raises a matter relevant to the portfolio interests of another agency
such that it is appropriate to disclose your personal information to that agency;

personal information included in your submission may also be disclosed in subsequent
Departmental publications that are relevant to the portfolio interests of this Department.
The Department’s Privacy Policy contains information about how your personal information
may be accessed, how you may request that a correction be made to your personal
information that the Department has obtained and how you may make a complaint in relation
to the handling of your personal information. Should you require a copy of the Department’s
Privacy Policy, please feel free to contact Patrick McInerney (02 6274 1035).
Confidentiality Statement
All submissions will be treated as public documents, unless the author of the submission
clearly requests otherwise. Public submissions may be published in full on the website,
including any personal information of authors and/or other third parties contained in the
submission.
If your submission contains personal information about any person who is not an author of the
submission, please indicate on the cover sheet if the person or persons have not consented to
the publication of the information.
Any requests under the Freedom of Information Act 1982 for access to a submission marked
‘confidential’ will be determined in accordance with that Act.
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