This bill became law on Dec 13th, 2022.
Climate, energy & environment
Businesses now need a new feedstock licenceA licence for importing or manufacturing scheduled substances when they are used to make other chemicals, rather than used directly. The bill keeps those uses outside quota and levy requirements. to import or make these chemicals for use in manufacturing other chemicals, but they still do not need quotaA limit on how much of certain controlled chemicals a person may import or manufacture under the scheme. and do not pay the levy for that use.
Ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. rules had become complex, with key controls left in licence conditions and unclear requirements creating unintentional non-compliance. This bill puts those controls into the law, clarifies licensing and exemptions, and modernises enforcement so the program works more effectively with less burden on business.
After scientists identified the Antarctic ozone hole in 1985, the 1987 Montreal Protocol drove Australia to build an ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. licensing regime that helped curb harmful chemicals and contributed to the ozone layer healing. By 2022, ministers said that regime had become overly complex, with key controls buried in licence conditions and businesses risking accidental non-compliance, so Parliament passed this bill to move core rules into the Act, clarify licensing and strengthen enforcement, received Royal Assent in December 2022, and had its substantive Schedule 1 reforms commence on 13 Jun 2023.
The main case against the bill was not opposition to protecting the ozone layer, but concern that tighter controls can impose real transition costs if substitute chemicals and equipment are more expensive, less effective or create new environmental risks. No party represented in the debate opposed the bill, so the criticism recorded here is limited and comes mainly from broader industry and technical warnings about implementation rather than direct parliamentary resistance to the 2022 reforms.
Hon Tanya Plibersek MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 13 Dec 2022
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
76 days
From introduction to the latest recorded parliamentary step
Meaning
Businesses now need a new feedstock licenceA licence for importing or manufacturing scheduled substances when they are used to make other chemicals, rather than used directly. The bill keeps those uses outside quota and levy requirements. to import or make these chemicals for use in manufacturing other chemicals, but they still do not need quotaA limit on how much of certain controlled chemicals a person may import or manufacture under the scheme. and do not pay the levy for that use.
Australia now treats any equipment containing an ozone-depleting substanceA chemical that can damage the ozone layer. The bill extends controls to equipment containing these substances. as controlled equipment, which broadens the licensing rules beyond the narrower old focus on some refrigeration and air-conditioning equipment.
Methyl bromideA controlled fumigant. The bill limits import, manufacture and export of methyl bromide to specific uses such as critical, emergency, quarantine and pre-shipment, laboratory, or feedstock uses. can only be imported, made or exported for tightly limited uses such as critical or emergency pest control, quarantine and pre-shipment treatment, laboratory work, or feedstockA licence for importing or manufacturing scheduled substances when they are used to make other chemicals, rather than used directly. The bill keeps those uses outside quota and levy requirements. use for exports.
The minister can now suspend a licence instead of cancelling it straight away, giving businesses a chance to fix smaller compliance problems or become compliant again.
People and companies that import, make or export these chemicals or covered equipment without a licence now face stronger enforcement options, including criminal offences, strict liability offences and civil penalties.
Import and manufacture of scheduled substances for use as a feedstock would now require a feedstock licence but would continue to not require quota (for HFCs or HCFCs) or payment of a levy. It is not anticipated that an application for a feedstock licence would require payment of an application fee.Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) explanatory memorandum
extend the existing prohibitions on the import or manufacture of certain ODS equipment to cover the import or manufacture of all equipment containing an ozone depleting substance;Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) explanatory memorandum
The new mandatory condition for these licences is that the manufacture, import or export of methyl bromide under the licence can only be for one of the following purposes (as set out in the licence): critical uses (including laboratory and analytical uses), an emergency use, a QPS use and, for export only, for use as a feedstock.Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) explanatory memorandum
Item 84 would insert new section 19D into the Act to allow the Minister to suspend a licence. This amendment would provide the Minister with an additional power to take action in the event of minor breaches, or where it is felt that the licensee may be able to return to compliance, rather than the more serious action of cancelling a licence. A suspension may be for a fixed period, or until the licensee takes certain action to bring them back into compliance.Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) explanatory memorandum
The combination of fault-based offence, strict liability offence and civil penalty provision would provide an adequate deterrent from person manufacturing, importing or exporting scheduled substances or equipment without a licence, which has the potential to cause significant harm. It is also appropriate to include both civil and criminal penalties in order to provide flexibility for the Commonwealth to enforce the prohibition appropriately without always needing to pursue criminal penalties (noting that conviction for a criminal offence carries with it a range of consequences beyond the immediate penalty). It is expected criminal proceedings would be brought for conduct that is at the more serious end of the spectrum or that involves a higher degree of malfeasance.Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) explanatory memorandum
Context
After scientists identified the Antarctic ozone hole in 1985, the 1987 Montreal Protocol drove Australia to build an ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. licensing regime that helped curb harmful chemicals and contributed to the ozone layer healing. By 2022, ministers said that regime had become overly complex, with key controls buried in licence conditions and businesses risking accidental non-compliance, so Parliament passed this bill to move core rules into the Act, clarify licensing and strengthen enforcement, received Royal Assent in December 2022, and had its substantive Schedule 1 reforms commence on 13 Jun 2023.
Scientists identify the Antarctic ozone hole
Parliamentary speakers said discovery of the ozone hole revealed that ozone-depleting chemicals were damaging the atmospheric shield that protects life from harmful ultraviolet radiation.
Hansard ↗Montreal Protocol sets the global response
Speakers linked Australia’s ozone controls to the Montreal Protocol, which established the international push to phase down chemicals that deplete ozone and warm the climate.
Hansard ↗Earlier version of the reform package lapses before the election
Opposition speakers said the 2022 bills were almost identical to coalition bills introduced in December 2021 that lapsed when Parliament rose ahead of the election.
Hansard ↗Government reintroduces the bill to simplify the ozone program
The Environment Minister said the bill was part of a package to improve the effectiveness and efficiency of the Ozone Protection and Synthetic Greenhouse GasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. Management Program.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the licensing, equipment and enforcement reforms to become law.
Parliamentary timeline ↗Substantive ozone reforms commence
Schedule 1, which contained the operative licensing, equipment and enforcement reforms, commenced on 13 Jun 2023 after Royal Assent in December 2022.
Federal Register of Legislation ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Considered by scrutiny committee (26/10/2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2022
Considered by scrutiny committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main case against the bill was not opposition to protecting the ozone layer, but concern that tighter controls can impose real transition costs if substitute chemicals and equipment are more expensive, less effective or create new environmental risks. No party represented in the debate opposed the bill, so the criticism recorded here is limited and comes mainly from broader industry and technical warnings about implementation rather than direct parliamentary resistance to the 2022 reforms.
No significant parliamentary case against the bill is recorded so far.
Transition costs and substitute risks
A broader reservation around stronger ozone controls is that replacement chemicals and equipment can cost more, perform worse, use more power, wear out sooner, or create new greenhouse risks of their own. That is an implementation and industry-adjustment concern rather than a direct argument against this bill’s policy goal.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Plibersek supports the bill, saying it strengthens Australia’s ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. program and helps the country meet its 2030 Paris target.
Read in Hansard ↗Barnaby Joyce supports the bill, treating it as part of the successful Montreal Protocol approach to phasing out ozone-depleting substances.
Read in Hansard ↗Wilson supports the bill and says it completes the remaining ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. reforms, including aligning Australia’s arrangements with its Paris Agreement commitments.
Read in Hansard ↗Georganas supports the bill, saying it will help cut hydrofluorocarbons, meet Australia’s emissions targets, and strengthen the ozone protection program.
Read in Hansard ↗All speeches by bloc
8 speakers · 10 contributions · 8 support
“This government, while it does the big things—like the commitment it made in updating our nationally determined contribution to the Paris Agreement and the things that we were part of in COP27 the week before—is also going to pick up some of the smaller things, some of the incremental things, as this bill does. As I said, the review that led to these changes was eight years ago. The previous government never released that report and took quite a lot of time to introduce some of the measures relatively late in the last term. We supported those. But here we are in the first six months of this government, and we're picking up the rest of that task. I hope that it's something that everyone in the parliament can support.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Tanya Plibersek on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Plibersek supports the bill, saying it strengthens Australia’s ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. program and helps the country meet its 2030 Paris target. She frames it as part of ongoing action to cut HFC and other emissions through further regulations where needed.
“Changes in this bill lay the foundation for future initiatives to reduce synthetic greenhouse gas emissions, and to help Australia meet its 2030 Paris target.”Read this contribution in Hansard ↗
Second reading speech
Plibersek supports the bill, saying it will keep the ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. program delivering environmental and emissions benefits while improving efficiency and reducing the burden on business. She says the measure is important for protecting the ozone layer, human health and the climate, and commends the bill to the House.
“This legislation will ensure the Ozone Protection and Synthetic Greenhouse Gas Program can continue to achieve important environmental outcomes and emission reduction outcomes. This legislation will improve the effectiveness and efficiency of the program and reduce the burden on business. The continuing success of the program is vital both to protect the ozone layer—which protects Australians, our environment and agriculture from excessive ultraviolet radiation—and, in reducing greenhouse gas emissions, to protect the climate.”Read this contribution in Hansard ↗
“I rise to support the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Bill 2022 and important cognate bills. These bills are important components of things that will help Australia reduce our hydrofluorocarbons in the atmosphere. And, importantly, they will help us meet our recently introduced emissions reductions targets.”Read the full speech in Hansard ↗
“I'm very pleased to support the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Bill 2022.”Read the full speech in Hansard ↗
“I also recognise that this bill overhauls the governance processes that continue to meet our targets. Ensuring financial stability of the ozone protection synthetic gas program means supporting industry in understanding their legislative obligations and better oversight over legislative enforcement. This bill achieves this in simplistic terms by removing caps on the levies of ozone-depleting substances, removing the existing levy on existing equipment that can't be phased out at the moment and also making other, minor amendments to the machinery of the act.”Read the full speech in Hansard ↗
“In closing, my view is this: the facts are now clear, the risks are clear and indifference to the reality of climate change will create greater devastation in the years ahead. A multipronged response is required, and this legislation, in my view, is a critical part of that response. For that reason I commend the bill to the House.”Read the full speech in Hansard ↗
“Reforms within this bill lay the foundation for the future. They create additional initiatives to reduce synthetic greenhouse gas emissions and help Australia to meet its 2030 targets. It is also just another way that we can work effectively with our Pacific neighbours and give them support. These measures are sensible, practical and have wide support. Importantly, this bill reinforces Australia's place as a global partner which believes in the science, one that is prepared to play its role in protecting the health of our planet and our people. I commend the bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Graham Perrett on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Perrett supports the bill and says it will strengthen Australia’s ozone and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. program by reducing administrative burdens, improving enforcement, and helping meet climate and environmental obligations. He presents it as practical legislation that keeps the program strong and commends it to the House.
“The ozone protection and synthetic greenhouse gas bills of 2022 are not spectacular pieces of legislation on one level, but they show what scientists and politicians can do when they work in concert. I commend the legislation to the House.”Read this contribution in Hansard ↗
Second reading speech
Graham Perrett speaks to the bill, focusing on the most astonishing thing—and it's actually sad to say that it's astonishing—is that, when scientists raised the alarm, the world listened. The speech also says that i know—like everyone in the chamber who has come to hear my speech!—we're very pleased to hear the former government speak about the ozone protection and synthetic greenhouse gasA manufactured gas, such as an HFC, that can trap heat in the atmosphere and is regulated through the ozone and synthetic greenhouse gas scheme. bills 2022.
“The most astonishing thing—and it's actually sad to say that it's astonishing—is that, when scientists raised the alarm, the world listened.”Read this contribution in Hansard ↗
5 speakers · 5 support
“People talk about the science, and I'm completely versed in what this is. One of the things about this is that there was a methodical process that didn't destroy economies. There was also participation by every country. If major countries had been left out, it wouldn't have had any effect. It was able to be calibrated quite clearly. The modelling was very precise, and the correlation between the modelling and the actual outcomes was very good. It is, in essence, one of the great environmental wins. I would have to say it is one of the biggest environmental wins that the globe has achieved, because it managed to combine together.”Read the full speech in Hansard ↗
“The closing the hole in the ozone layer bill is principally aimed at modernising the compliance and enforcement arrangements associated with the OPSGG program; it's inserting into law various OPSGG program obligations that are currently imposed only by license conditions; and it also provides greater clarity around licensing exemption requirements as well as increasing the time permitted for businesses to submit reports and pay levies.”Read the full speech in Hansard ↗
“I rise in support of the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Bill 2022 and the related bills. In the whole, they progress Australia's great achievements in limiting damage to the ozone layer.”Read the full speech in Hansard ↗
“The issues with ozone depletion were a very important precursor to the challenges that we have with climate change as well. That needs a global response, and other speakers have outlined some of the framework that is already in place and that needs to be in place for the future on that challenge. We strongly endorse these bills. They, of course, emanate from the previous government, and I commend Greg Hunt and the work that he did as the then minister in this area. I know that that's something that is not disputed within the chamber. We know that they will continue to make sure that the legislative framework in meeting these significant challenges is in place, and on that basis I commend the bills to the House.”Read the full speech in Hansard ↗
“I'm delighted to stand to speak about the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Bill 2022. As we well know, there is much about which we disagree in this place, in this chamber, on many topics, and we have seen that on display very much today. It is a pleasure, therefore, to be standing to speak about a bill on which we agree with those on the government benches. So indeed today, as we speak about this piece of legislation, we do so with a real sense of bipartisanship.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2022
Considered by scrutiny committee
Considered by scrutiny committee (26 Oct 2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2022
APH bill page notes
