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OZONE PROTECTION AMENDMENT BILL 1995
OZONE PROTECTION (LICENCE FEES--IMPORTS) BILL 1995
OZONE PROTECTION (LICENCE FEES--MANUFACTURE) BILL 1995

Order of the day read for the consideration of the bills in committee of

the whole.

In the committee

OZONE PROTECTION AMENDMENT BILL 1995--

Bill, taken as a whole by leave, debated.

Senator Chamarette moved the following amendments together by leave:

Schedule 1, page 3, after item 1 insert the following item:

"1A. After section 3:

Insert:

Convention and Protocol give rise to legitimate expectations

"3A. Unless and until this section is expressly repealed, the fact

that Australia is a party to the Vienna Convention for the Protection

of the Ozone Layer (the Convention as defined by this Act) and the

Montreal Protocol on Substances that Deplete the Ozone Layer (the

Protocol as defined by this Act) gives rise to a legitimate

expectation, on the part of any person, that, to any extent that this

Act does anything less than implement the requirements of the

Convention or the Protocol:

(a) an administrative decision will be made in conformity with the

requirements of the Convention or the Protocol (as the case may

be); or

(b) if the decision were to be made contrary to any of those

requirements, any person affected by the decision would be given

notice and an adequate opportunity to present a case against the

taking of such a course.'.".

Schedule 1, page 3, item 4, insert the following definition in

alphabetical order:

"administrative decision means:

(a) a decision by or on behalf of the Commonwealth under this Act;

or

(b) a decision by or on behalf of an authority of, or office holder

of, the Commonwealth under this Act;

that is a decision of an administrative character and includes such a

decision reviewing, or determining an appeal in respect of, a decision

made before the commencement of this Act.".

Debate ensued.

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Coulter Kernot Lees Margetts Spindler Woodley

NOES, 35

Baume Boswell Brownhill Burns Calvert (Teller) Carr Childs Coates Collins, Jacinta Colston Cooney Denman Evans, Christopher Faulkner Ferguson Forshaw Hill Jones Kemp Knowles McGauran McKiernan Minchin Murphy Neal Parer Reid Reynolds Sherry Tambling Teague Troeth Watson West Wheelwright

Question negatived.

Senator Chamarette moved the following amendments together by leave:

Schedule 1, page 3, item 1, proposed paragraph 3(a), omit "of substances

that deplete ozone in the atmosphere; and", substitute the following

word and subparagraphs:

"of:

(i) substances that deplete ozone in the atmosphere; and

(ii) substances (for example, hydroflourocarbons) that can be used

to replace substances referred to in subparagraph (i) and the

use of which:

(A) is contrary to the terms of another international

agreement to which Australia is a party; or

(B) makes it more difficult to abide by the terms of an

international agreement to which Australia is a party

than it would be if the first mentioned substances (for

example, hydroflourocarbons) were not used; and".

Schedule 1, pages 3 and 4, item 4, insert the following definitions in

alphabetical order:

"global warming potential means the global warming potential of a

specific substance as stated in Schedule 1.

ozone depleting potential means the ozone depleting potential of a

specific substance as stated in Schedule 1.".

Schedule 1, page 3, item 4, insert the following definition in

alphabetical order:

"HFCs means a hydroflourocarbon referred to in Part VIII of Schedule 1

whether existing alone or in a mixture.".

Schedule 1, page 25, item 50, after proposed Part VII add the following

Part:

"PART VIII--HFCs

Column 1 Column 2

Substance Global warming potential

CHF3

(HFC-23) 9200

CH2F2

(HFC-32) 1800

C5H2F10

(HFC-43-10mee) 3300

C2HF5

(HFC-125) 4800

CHF2CHF2

(HFC-134) 3100

CH2FCF3

(HFC-134a) 3300

C2H4F2

(HFC-152a) 460

CHF2CH2F

(HFC-143) 950

CF3CH3

(HFC-143a) 5200

C3HF7

(HFC-227ea) 4500

C3H2F6

(HFC-236fa) 6100

C3H3F5

(HFC-245ca) 1900

".

Debate ensued.

Senator Coulter moved the following amendment to Senator Chamarette's

proposed amendments:

Proposed Part VIII, after Table add the following note:

"Note: Global warming potential (GWP) figures are only for direct

effects, and are based on a 20-year time horizon. The GWP for

CO2 is taken as 1.".

Debate ensued.

Question--That Senator Coulter's amendment to Senator Chamarette's

proposed amendments be agreed to--put and negatived.

Question--That the amendments be agreed to--put and negatived.

Senator Chamarette moved the following amendment:

Schedule 1, page 8, after item 22 insert the following item:

"22A. Paragraphs 20(2)(a), (b) and (c):

Add at the end "and'.".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Senator Chamarette moved the following amendments together by leave:

Schedule 1, page 17, item 28, omit "50", substitute "500".

Schedule 1, page 17, item 29, omit "100", substitute "500".

Schedule 1, page 17, item 30, omit "100", substitute "500".

Schedule 1, page 17, item 31, omit "100", substitute "500".

Schedule 1, page 17, item 32, omit "100", substitute "500".

Schedule 1, page 17, item 33, omit "100", substitute "500".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

Senator Chamarette moved the following amendments together by leave:

Schedule 1, page 17, after item 28 insert the following item:

"28A. Subsection 38(1):

After "uses scheduled substances' insert ", or was designed to use

scheduled substances'.".

Schedule 1, page 17, after item 28 insert the following item:

"28B. Subsection 38(2):

After "uses scheduled substances' insert ", or was designed to use

scheduled substances'.".

Schedule 1, page 17, after item 28 insert the following item:

"28C. Subsection 39(1):

After "contain scheduled substances' insert ", or were designed to use

such substances,'.".

At 12.45 p.m.: The Deputy President (Senator Reid) resumed the Chair and

the Temporary Chairman of Committees (Senator Herron) reported

accordingly.