Customs Brokers guide to importing items regulated by the Ozone Protection and
Synthetic Greenhouse Gas Management Act 1989 (‘Ozone and SGG Act’)
This flowchart identifies the process which Customs Brokers should follow when dealing with imports that may contain goods regulated by this Act:
Q1. Does the import contain a controlled substance [see note A*] or equipment designed to use a controlled substance? This includes equipment installed in items such as vehicles, aircraft, marine craft, etc. i) No - no controlled substance present and no equipment designed to use a controlled substance. Evidence may be required.
Proceed to clearance
Don't know.
Ask importer for further details, see note B*, then return to Q1.
ii) Yes- contains a controlled substance.
Q2. Does the importer have a licence or a section
40 exemption?
iii) No controlled substance present, but contains equipment designed to operate on a controlled substance.
Requires certificate proving it was degassed before importation [see note C*] or will require retrofitting before clearance in Australia
Yes- broker obtains importer's permit details and inserts information in
ICS or supplies a copy of permit to Customs.
No licence nor sec 40 exemption, but import contains regulated items, could another exemption apply?
De-gas certificate or retrofit meets requirements, proceed to clearance.
Department of the Environment contacts:
Email: ozone@environment.gov.au
Telephone: (02) 6274 1373
Q3. Could the import meet the criteria for a Low Volume Import
Exemption, personal use, temporary import (contact DoE), other (eg
SOFA, see note D*).
Does not meet any exemption criteria,
Q4 Importer to call DoE to determine whether items are able to be licensed.
Yes, meets exemption criteria [see note E] no licence required, proceed to clearance.
Yes, DoE confirms items can be licensed.
Q5. What type of licence does importer require?
[see note F*]
DoE confirms item cannot be licensed- item may be seized or require degassing.
Importer obtains bulk gas licence: 3 types, controlled substances, essential uses, used substances.
$3,000- $15,000
Broker enters details in ICS or supplies a copy of permit to Customs.
Importer obtains equipment licence EQPL
$3,000, enters details in ICS or supplies a copy of permit to Customs.
* Notes A-F are summarised on the next page with full text at ‘Resources’ at www.environment.gov.au/ozone/customs-brokers

Flowchart notes available at ‘Resources’ at www.environment.gov.au/ozone/customs-brokers
A: List of controlled substances – this is available in Schedule 1 of the OPSGGM Act.
B: Questions to ask the importer- these assist brokers in clarifying responses to Q1 .
C: Requirements for evidence of de-gassing and/or retrofitting of ODS or SGG equipment.
Note: new equipment is usually shipped pre-gassed, unless the importer has specifically arranged for de-gassing to be done.
D: Exemptions- There is one common exemption (Low Volume Import Exemption (LVIE), established in 2014). Most exemptions, however, apply for very limited circumstances- for these you should check eligibility with the department.
E: Criteria where no licence is required.
F: Detailed information on the types of controlled substances licences (bulk gases) and equipment licences (EQPL), including low volume import exemption (LVIE).
Key facts for brokers to remember:
1. Importers must hold the correct licence to import regulated items, or be able to provide evidence their goods are exempt from the controls.
2. The Department of the Environment and Australian Customs control imports and exports of substances regulated under the ‘Ozone & SGG Act’, and equipment containing or designed to use these substances, to minimise their environmental impacts.
3. Regulated substances and equipment imported without a licence may be seized and importers may be liable to penalties and prosecution.
4. Detailed information on importing and exporting goods managed by the Department of the
Environment is available at http://www.environment.gov.au/about-us/business-us/permitsassessments-licences
5. Information on the Ozone and SGG Act is available at www.environment.gov.au/ozone
Specific information and tools for Customs Brokers on the ‘Ozone & SGG Act’ is at www.environment.gov.au/ozone/customs-brokers Bookmark this link!
6. Brokers cannot hold a licence to import items on behalf of a client. Brokers will require the importer’s licence information to process the import.
7. Importers should check import requirements before importing goods and allow adequate time to apply for a licence if one is required as licence processing typically takes 14 days, but may require up to 60 days!
8. Licence application fees cannot be refunded even if it is later found that a licence is not required. The importer must apply for the correct licence or exemption.
9. Import documentation must be complete, correct and must be in English.
10. Customs brokers must be able to produce documentary evidence on request to justirfy all decisions relevant to the Act, eg to satisfy exemption requirements.
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EXEMPTIONS/EXCLUSIONS FROM PERMIT (LICENSING) REQUIREMENTS FOR
IMPORTS UNDER THE OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS
MANAGEMENT ACT 1989 (THE ACT)
GUIDE FOR CUSTOMS BROKERS
From 14 March 2014, changes to the Community Protection Questions (CPQs) enable brokers to self-assess whether vehicles, air-conditioners, fridges and other goods require a permit under the Act.
Subject to appropriate evidence being provided by the importer, brokers can self-assess whether goods are exempt in the following circumstances:

The equipment does not contain a scheduled substance , for example, has been degassed, never gassed or operates on a substance that is not scheduled such as a natural refrigerant.

Low Volume Import Exemption - The import consists of no more than 5 pieces of equipment containing less than 10 kg in total of HCFC, HFC, PFC, or SF6 in a single consignment. The low volume import exemption can only be used once in a two year period.

The equipment contains a scheduled substance but has been owned for more than 12 months and is principally for personal or domestic use (where the importer has personally owned the goods for more than 12 months). This exemption can apply to motor vehicles but does not apply to commercial imports.

The equipment contains a scheduled substance but is a temporary import (including goods covered by Carnet), or qualifies as returning goods , or is covered under a Status of the Forces Agreement ( SOFA ).

The importer claims to hold a Section 40 Exemption (under Section 40 of the Act).
The table below provides further information and examples of the evidence that would demonstrate compliance with the exemption requirements. If the requirements for an exemption or exclusion are not met, then a permit (licence) will be required from the
Department of the Environment (the Department). Applications can be made on-line via the
Department’s website at: http://www.environment.gov.au/topics/environmentprotection/ozone/licences-and-reporting/forms
If in doubt, please contact the Department’s Import Operations Section on 02 6274 1373 or email: ozoneredlines@environment.gov.au
Please note: there are some exclusions/exemptions that should not be assessed by brokers but should be referred to the Department for assessment. The most significant of these are also shown in the table below.
A guide to assist customs brokers in the decision making process is on the Department ’s website at: http://www.environment.gov.au/node/34901
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Circumstance when permit is not required
EQUIPMENT -
LOW VOLUME
EXEMPTION
Explanation Evidence required by broker
An ODS/SGG equipment licence is not required if you are importing no more than 5 pieces of equipment containing less than 10 kg in total of
HCFC, HFC, PFC, or SF6 in a single consignment. The low volume import exemption can only be used once in a two year period.
Explanation
Previously, low volume importers required a one off licence (LVIL). This licence has now been abolished.
Regular importers of ODS/SGG equipment or importers exceeded the above threshold will continue to still require a ODS/SGG Equipment Licence (EQPL).
ODS/SGG can be found in air conditioning equipment, refrigeration equipment, and a range of other products such as electrical switch gear.
If in doubt, contact the Department of the
Environment’s Import Operations Section on
02 6274 1373 or email: ozoneredlines@environment.gov.au
Evidence required by broker Circumstance when permit is not required
EQUIPMENT
DOES NOT
CONTAIN A
SCHEDULED
SUBSTANCE:
EG:
IT HAS BEEN
DE-GASSED
OR NEVER
GASED
OR OPERATES
ON A
SUBSTANCE
THAT IS NOT
SCHEDULED
An ODS/SGG Equipment licence is not required for equipment that normally operates on a scheduled substance but which has been de-gassed or never gassed prior to arrival in
Australia.
Note: degassed equipment that is designed to operate on CFCs is prohibited (typically air-conditioning systems in pre 1995 vehicles).
An ODS/SGG Equipment licence is not required for equipment which contains a Natural Refrigerant.
Natural Refrigerants include (but are not limited too):
R170 (Ethane), R290 (Propane), R600
(Butane), R600a (Isobutane),
R717(Ammonia) , R744 (CO
2
), R1270
(Propylene)
For equipment that has been degassed
- a certificate or work order completed by the technician that undertook the work. Ideally this work should be completed by a refrigeration/ air-conditioning technician and should include a description of the equipment and the type of refrigerant removed. A template ‘degassing compliance form’ is available at: http://www.environment.gov.au/topics/environmentprotection/ozone/licences-and-reporting/forms
For equipment that has never been gassed supplier (ideally on their letter head) confirming that the equipment has never been gassed. NB: it is unusual for new refrigeration or air-conditioning
equipment to be shipped de-gassed. Where there is a high risk of non-compliance (such as for large commercial consignments) please contact the
Department of the Environment (see below).
For equipment that operates on a substance that is not scheduled (such as a natural refrigerant):
- product specifications or a letter from the manufacturer or supplier (on their letter head) confirming that the type of substance contained within the equipment is a natural refrigerant.
If in doubt, contact the Department of the
Environment’s Import Operations Section on
02 6274 1373 or email: ozoneredlines@environment.gov.au
– a letter or document from the manufacturer or
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Circumstance when permit is not required
PERSONAL USE
IMPORTS
TEMPORARY
IMPORTS,
RETURNING
AUSTRALIAN
GOODS, OR
GOODS
COVERED BY
SOFA
Explanation
An ODS/SGG Equipment licence is not required for equipment that has been:
- owned for more than 12 months, wholly or principally for private or domestic use before importation; and
- is imported wholly or principally for private or domestic use in
Australia.
This can apply to refrigeration/ air-conditioning equipment either on its own or contained within motor vehicles, caravans, boats etc.
This exemption is not available for commercial imports (ie, where the goods are owned by a business).
An ODS/SGG Equipment licence is not required for equipment which qualifies as Temporary Imports or
Returning Australian Goods or goods covered by a Status of the Forces
Agreement.
Temporary imports includes goods covered by:
Carnet, or
Security paid to Customs, or
TRADEX, or
Customs Control Permit
Evidence required by broker
Evidence of private ownership for more than 12 months can include:

For vehicles - vehicle registration papers and/or purchase invoice, insurance papers.

For caravans/camper trailers and vessels - purchase invoice, registration or insurance papers.
 For domestic refrigerators and A/C units – purchase invoice, warranty docs or a statutory declaration by the importer.
If in doubt, contact the Department of the
Environment’s Import Operations Section on
02 6274 1373 or email: ozoneredlines@environment.gov.au
For Temporary Imports - evidence that the Australian
Customs and Border Protection Service regards the import as a Temporary Import. Such evidence can include documentation that shows:
 the goods are under Carnet, or
 the goods are under a Security paid to
Customs, or
 the goods are under a TRADEX, or
 the goods are under a Customs Control
Permit, or
For goods that are covered under a Status of Forces
Agreement - evidence that the SOFA applies to the goods. For returning goods - evidence that the same controlled substances were exported (both type and quantity) - eg, export declaration, export bill of lading.
If in doubt, contact the Department of the
Environment’s Import Operations Section on
02 6274 1373 or email: ozoneredlines@environment.gov.au
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Circumstance when permit is not required
SECTION 40
EXEMPTION
(SECTION 40
OF THE OZONE
PROTECTION
AND
SYNTHETIC
GREENHOUSE
GAS
MANAGEMENT
ACT 1989)
Explanation
This allows halon to be imported into
Australia by providing an exemption against the requirements of Schedule
4 of the Ozone Protection and
Synthetic Greenhouse Gas
Management Act 1989 (or regulations made for the purposes of section 39).
This is a formal exemption granted by the Minister for the Environment.
A unique exemption number is allocated to successful applicants with the prefix S40E (this can be entered into the ICS in place of a permit number).
Evidence required by broker
If an importer claims to have this exemption please ask for their exemption number (the prefix is always
S40E followed by 8 numbers).
If an exemption is held, please enter the exemption number into the ICS (as a permit number would be entered). If an exemption is not held, that importer will need to apply to the Department of the
Environment for an exemption.
NB: Section 40 exemptions can only be granted by the
Minister for the Environment.
If in doubt, please contact the Department of the
Environment’s Import Operations Section on
02 6274 1373 or email: ozoneredlines@environment.gov.au
Explanation Please refer to the Department of the Environment Circumstance when permit is not required
SGG
EQUIPMENT
DEFINED AS
MEDICINE OR
MEDICAL
DEVICES /
VETERINARY
MEDICINES OR
VETERINARY
MEDICAL
DEVICES
Regulation 2A of the Ozone
Protection and Synthetic Greenhouse
Gas Management Regulations 1995 provides that an ODS/SGG Equipment
Licence is not required for SGG equipment that is a medical device/medicine or a veterinary device/ medicine. These terms are defined in legislation (for example
‘medical device’ is defined under the
Therapeutic Goods Act 1989).
Examples of medical devices include
Metered Dose Inhalers (Asthma puffers), Medical Spray Adhesive,
Tamponade for eye surgery. In most cases medical devices will be listed on the Australian Register of Therapeutic
Goods http://www.tga.gov.au/industry/artgsearching.htm
Please refer all claims for this exemption to the
Department of the Environment’s Import Operations
Section on 02 6274 1373 or email: ozoneredlines@environment.gov.au
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Circumstance when permit is not required
EQUIPMENT
CHARGED
WITH HCFC OR
CFC
Explanation
T he Ozone Protection and Synthetic
Greenhouse Gas Management Act
1989 bans the manufacture or import of refrigeration and air conditioning equipment if the equipment is designed to be charged with CFC or
HCFC.
Refrigeration and air conditioning equipment insulated with foam manufactured with a CFC or HCFC is also banned.
Equipment that is designed to operate by using HFCs but that may also operate using HCFCs or CFCs will no longer be banned. Equipment that is designed to operate by using only
HCFCs or CFCs will remain banned.
The exemptions under this regulation mean that equipment that is otherwise banned is allowed to be imported. This is not an exemption from licensing requirements and an
ODS/SGG equipment licence is required.
Explanation Circumstance when permit is not required
SYNTHETIC
GREENHOUSE
GASES USED
AND
DESTROYED IN
MANUFACTUR-
ING
Regulation 3AA of the Ozone
Protection and Synthetic Greenhouse
Gas Management Regulations 1995 allows the Minister to grant a licensing exemption for imports of
(bulk) synthetic greenhouse gas if the gas will be, or is likely to be, destroyed as part of a manufacturing process.
This exemption is formally granted by the Minister for the Environment (a written notice is issued but no number is allocated).
Please refer to the Department of the Environment
The ban on HCFC refrigeration and air conditioning equipment was recently amended by the Omnibus
Repeal Day (Autumn 2014) Act 2014.
Please refer all claims for this exemption to the
Department of the Environment’s Import Operations
Section on 02 6274 1373 or email: ozoneredlines@environment.gov.au
Please refer to the Department of the Environment
Please refer all claims for this exemption to the
Department of the Environment’s Import Operations
Section on 02 6274 1373 or email: ozoneredlines@environment.gov.au
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