Page 6050 - Week 18 - Thursday, 12 December 1991
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sorts of provisions. They have to have not been convicted of an offence against the proposed Act or a corresponding law, and they have to be, in addition, a fit and proper person. I will return in the detail stage to that particular requirement.
The authority which issues licences - the Pollution Control Authority, I think it is - is able, then, to issue a licence if certain conditions are met. The licence can be issued with conditions, and those conditions can be unilaterally varied by the authority on advice to the applicant. There are conditions for the suspension and cancellation of a licence in the circumstance, for example, that a condition is not complied with. That is a single condition, not more than one. In addition, there are extensive provisions relating to the powers of the authority to enforce the regulatory provisions of the legislation, including search and seizure powers.
What is more, the classes of people who are caught by this are extremely wide. As I said, any person who manufactures, deals with, uses or services an article which contains an ozone depleting substance must obtain a licence. We must bear in mind, of course, that this is obviously intended to catch people such as manufacturers of certain goods with coolant components in them. But it does, at the same time, catch people such as refrigerator mechanics and people who service cars with air-conditioning systems in them.
Mr Wood: A lot of people are involved.
MR HUMPHRIES: A lot of people are involved; a great many people are involved. I do not know what the Government plans or expects to receive in the way of applications under this legislation, but in fact the number could be very, very great indeed. I also should draw attention to the very broad nature of the way in which this Bill is drafted. For example, it says:
A person shall not ... manufacture an ozone depleting substance except in accordance with a licence.
That is fair enough. It then says:
A person shall not ... deal with an ozone depleting substance except in accordance with a licence.
I am not quite sure what constitutes dealing with it. When I sell an item, an appliance, that contains such a substance, am I dealing with such a substance? It says further:
A person shall not ... service an article containing an ozone depleting substance ...
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