The Australian Government has amended The Ozone Protection and Synthetic Greenhouse Gas Management Regulations

The Australian Government has amended The Ozone Protection and Synthetic Greenhouse Gas Management Regulations to prohibit the import and manufacture of small air conditioning systems using high-GWP refrigerants. Additionally, new penalties for regulatory offences have been established.

These amendments, initially announced in June 2023, are detailed in the Federal Register of Legislation under the Ozone Protection and Synthetic Greenhouse Gas Management Amendment (2024 Measures No. 1) Regulations 2024.

AC Restrictions

Effective from July 1, 2024, the import and manufacture of the following equipment will be restricted:

• Outdoor units for single-head split air conditioning systems
• Portable air conditioners
• Window/wall air conditioners (single units designed for installation in a window or wall)

From July 1, 2025, restrictions will extend to:

• Outdoor units for multi-head split air conditioning systems

These restrictions target air conditioning equipment that:

• Is designed to cool, heat, or both, for human comfort
• Has a refrigerant charge of 2.6kg or less (as per compliance plate or manual)
• Contains, or is designed to operate with, an HFC refrigerant with a GWP greater than 750

Impacts and Exemptions

High-GWP refrigerants such as R410A (GWP of 2,088) and R134a (GWP of 1,430) will no longer be allowed for import. However, R32 (GWP of 675) and R290 (GWP less than 5) can still be imported.

Exemptions to the restrictions include:

• Outdoor units for ducted systems
• Equipment for mobile applications (motor vehicles, caravans, aircraft, boats)
• Equipment for electrical enclosures and computer rooms
• Air-to-water units for hydronic home heating systems

Under certain conditions, an equipment licence may be granted for importation if the equipment is essential for medical, veterinary, defence, industrial, public safety, or scientific purposes, and no practical alternatives exist, or if it is incidental to the main import and impractical to remove or retrofit.

Existing equipment in Australia and equipment imported or manufactured before July 1, 2024, will not be affected by these restrictions.

New Penalties

The amendments also introduce stronger enforcement measures:

• Penalties for strict liability offences will increase from 10 to 50 penalty units
• A corresponding civil penalty provision with a maximum of 60 penalty units will be added, providing a lower burden of proof for civil cases
• A fee will be imposed for special circumstances exemptions in refrigeration and air conditioning, with an increase in fees for the fire protection context

Furthermore, from August 1, 2024, the qualifications, units of competency, and standards for refrigerant handling and extinguishing agent handling licences will be moved to a separate legislative instrument made by the minister, allowing for more efficient updates and reviews.

These changes aim to enhance environmental protection by reducing the use of high-GWP refrigerants and improving regulatory compliance in the refrigeration and air conditioning sectors.