Customs Legislation Amendment (Ozone Depleting Substances and Synthetic Greenhouse Gases) Regulations 2023

With effect from 14 June 2023, the Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) and the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) have been amended to align with recent changes to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (OPSGGM Act), which were updated by the Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Act 2022. These consequential amendments are minor in nature and will ensure there is always consistency with any further updates to the OPSGGM Act.

Certain Ozone Depleting Substances (ODS), Synthetic Greenhouse Gases (SGG) and associated equipment are prohibited from import and export, under the PI and PE Regulations, unless a valid licence or exemption has been granted by an authorised person, under the OPSGGM Act. Schedule 10 in the PI Regulations and Schedule 15 in the PE Regulations list the ODS and the SGG that are prohibited, and mirror the same prohibited chemicals in Schedule 1 of the OPSGGM Act.

The changes to the OPSGGM Act aim to streamline and simply the complexity of ODS and SGG regulations and, thereby, reduce the burden on business. The PI and PE Regulations have also been simplified with reference to the OPSGGM Act for relevant exemptions and removal of Schedules 10 and 15 from the PI and PE Regulations, reducing duplication and providing one legislative reference to the list of prohibited substances, in Schedule 1 of the OPSGGM Act.

Further information regarding permission to import or export ODS and SGG can be found under the list of Prohibited Goods on the ABF Website, at List of prohibited items (