Importing equipment that may contain controlled refrigerant gas into Australia
What you need to do
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) controls the manufacture, import and export of ozone depleting substances and synthetic greenhouse gases in Australia.
An equipment licence (EQPL) may be required for the import of any equipment containing synthetic greenhouse gases (hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6) and nitrogen trifluoride (NF3)).
An EQPL may be required even if the equipment, such as air conditioning or refrigeration equipment, is incorporated into another object, e.g. a car, a boat, a caravan, or another vehicle (including earth moving equipment).
An equipment licence (EQPL) will most likely be required for the import of any equipment (for example, a refrigerator or fire extinguisher) containing, or designed to operate using, hydrochlorofluorocarbon (HCFC) refrigerant.
In some cases a licence is not required – for example if the equipment is for personal use and has been owned for more than 12 months overseas before import; or the equipment may be imported under a low volume exemption, if it contains a synthetic greenhouse gas (not available for HCFC equipment). In other cases the equipment is banned from import – for example all HCFC equipment is banned, except in certain circumstances. The scenarios below cover some of the more typical equipment imports.
Important things to note
- You must find out what type of gas the equipment contains or is designed to operate on, and the quantity of gas in the equipment (if gassed). Reference to the substance used is likely to be found on the equipment, e.g. on a compliance plate or manufacturer label, on packaging or in the product manual. If not, you may need to seek details of the substance(s) from the supplier or manufacturer.
- If evidence is requested, all documentation needs to be in English (or translated into English).
- Information on when a license may not be required is available a Exemptions – Do I need a licence?
- The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) controls the import, manufacture and export of ozone depleting substances and synthetic greenhouse gases, and equipment that contains those gases, through a variety of licences, bans and reporting obligations. Exemptions to these controls exist.Please note: some exemptions have specific application processes and conditions. It is important that you read the relevant licensing information on this website carefully before importing, exporting or manufacturing an ozone depleting substance or synthetic greenhouse gas, or equipment that contains those gases.It is an offence to fail to comply with licensing requirements and substantial penalties may apply.
Low volume importers of equipment
Synthetic greenhouse gas equipment: An equipment licence is not required for imports of up to 25 kilograms of hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6) or nitrogen trifluoride (NF3) equipment during a calendar year.
Ozone depleting substance equipment: From 1 January 2020, low volume imports of HCFC equipment without a licence will no longer be allowed. From then, unless the import is for personal use, HCFC equipment can only be imported under an equipment licence, and only if it meets strict criteria.
Import of personal equipment
An equipment licence (EQPL) is not required for equipment that has been:
- owned for more than 12 months, for private or domestic use before import; and
- is imported for private or domestic use in Australia.
Australian Border Force is responsible for the control of these items at the point of import. Your customs broker and/or Australian Border Force officers may require that you supply documentary evidence to demonstrate that the equipment is for personal use, for example registration papers, purchase invoice, insurance papers or warranty documents.
Medical or veterinary products
Exemptions from licensing and levy requirements apply to some medicines, veterinary medicines, medical devices and veterinary devices that contain synthetic greenhouse gases.
What are medical devices?
Medical devices are defined as devices that meet the definition for registration on the Australian Register of Therapeutic Goods Register (ATGR)(link is external). Examples of exempt device types registered on the ATGR that contain scheduled substances are provided below.
Importers of medical devices do not need an import licence nor do they require approval for an exemption prior to import. Importers of items that are not registered on the ATGR may seek guidance from the Department on whether items are exempt.
Medical devices:
- Metered dose inhalers
- Equipment and gas for eye surgery purposes
- Adhesive spray used in stomal applications
- Linear accelerators
- Electron microscopes
- X-ray material examination equipment
- Dye for ultrasound (tumour growth measurements)
- Sports medicine as cold sprays
- Cold gels for use in laser skin treatments
Other exemptions
Foams blown with synthetic greenhouse gases
Exemptions from licensing and levy requirements apply to some products that contain synthetic greenhouse gases. This includes imported foam equipment or foam products (other than expanding polyurethane foam aerosols), or foam equipment or products (other than expanding polyurethane foam aerosols) included in other imported products or equipment.
An equipment licence (EQPL) is not required for importing these goods. If you are also importing non-exempted goods, then a licence is required.
Synthetic greenhouse gases destroyed in the manufacturing process
If a synthetic greenhouse gas is used in the manufacture of a product and the gas is destroyed during or immediately after the manufacturing process, you may not need to apply for a licence. However, a written notice from the Minister or delegate is required in these circumstances. Please contact the Import Operations Team for further information.
Feedstock
If you are importing or manufacturing an ozone depleting substance or synthetic greenhouse gas for use as a feedstock, you may not need to apply for a licence. The Act defines feedstock ‘as an intermediate substance which is used to manufacture other chemicals’. Please note that reporting obligations still apply. Please contact the Import Operations Team for further information.
Synthetic greenhouse gases used in the production of aluminium
If a synthetic greenhouse gas forms as a by-product of aluminium manufacture you may not need to apply for a licence. Please contact the Import Operations Team for further information.
Synthetic greenhouse gases used in the production or casting of magnesium
If you are importing or manufacturing synthetic greenhouse gas for use in the production or casting of magnesium you may not need to apply for a licence. Please contact the Import Operations Team for further information.
Scenario 1 – Importing a vehicle and/or a domestic refrigerator/freezer for private or domestic use
I am moving to Australia from overseas and I want to import my vehicle and/or a domestic refrigerator/freezer for private or domestic use.
The import may meet the requirements for a personal use exemption. An equipment licence is not required for equipment that has been:
- owned for more than 12 months, wholly or principally for private or domestic use, before importation; and
- is imported wholly or principally for private or domestic use in Australia.
Importers may be asked to provide evidence that equipment is for personal use – for example registration papers, purchase invoice, insurance papers or warranty documents.
If the import is not eligible for this or another licensing exemption, you must apply for an EQPL. More information on:
Scenario 2 – Importing low volumes of synthetic greenhouse gas equipment
I am importing equipment charged with HFCs, PFCs, SF6 or NF3 in low volume
Importers can import up to a total of 25 kilograms of synthetic greenhouse gas (hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6) or nitrogen trifluoride (NF3)) in equipment during a calendar year before a licence is required. There is no limit on the number of pieces of equipment and the equipment may be imported in one or more consignments.
Importers must keep track of imports containing these gases over the calendar year to be sure an import is eligible for the low volume exemption.
Scenario 3 – Importing refrigeration or air conditioning equipment not containing ozone depleting substances or synthetic greenhouse gases
Do I need a licence to import refrigeration or air conditioning equipment that does not contain ozone depleting substances or synthetic greenhouse gases?
You do not need to obtain a licence to import equipment that does not contain ozone depleting substances or synthetic greenhouse gases. For example, many new household refrigerators and freezers use the refrigerant hydrocarbon HC-600a, and a licence is not required.
Importers may be asked to provide evidence that equipment does not contain a scheduled substance – for example equipment specifications included in equipment brochures or other material provided by manufacturers.
However, a person is banned from importing or manufacturing refrigeration and air conditioning equipment that is designed to operate by using only HCFC or CFC refrigerant. Equipment designed to also operate using other refrigerants is not banned.
Scenario 3 – Importing refrigeration or air conditioning equipment not containing ozone depleting substances or synthetic greenhouse gases
Do I need a licence to import refrigeration or air conditioning equipment that does not contain ozone depleting substances or synthetic greenhouse gases?
You do not need to obtain a licence to import equipment that does not contain ozone depleting substances or synthetic greenhouse gases. For example, many new household refrigerators and freezers use the refrigerant hydrocarbon HC-600a, and a licence is not required.
Importers may be asked to provide evidence that equipment does not contain a scheduled substance – for example equipment specifications included in equipment brochures or other material provided by manufacturers.
However, a person is banned from importing or manufacturing refrigeration and air conditioning equipment that is designed to operate by using only HCFC or CFC refrigerant. Equipment designed to also operate using other refrigerants is not banned.
Scenario 4 – Equipment with no refrigerant in its air conditioning system
I am importing equipment with no refrigerant in its air conditioning system. The air conditioning system will be gassed by a licensed technician after the equipment arrives in Australia.
You do not need to apply for an EQPL, but you may be asked to supply documentary evidence to Australian Border Force (or your customs broker), confirming that the equipment does not contain any refrigerant gas.
Suitable documentation could include a certificate, invoice or work order completed by the technician that removed the gas, or a letter or document from the manufacturer or supplier (on their letter head) confirming that the equipment has never been charged with gas.
There are no restrictions on importing equipment designed to operate with synthetic greenhouse gases. However, equipment designed to operate with HCFCs can only be imported with a licence in restricted circumstances.
Scenario 5 – Importing a vehicle manufactured before 1996
I am importing a vehicle that was manufactured before 1996. Its air conditioning system is designed to run on CFC and contains CFC refrigerant
OR
The vehicle’s air conditioning system is designed to run on CFCs and it does not contain CFC refrigerant.
The import of a motor vehicle containing an air conditioning unit designed to run only using CFC refrigerant into Australia is a breach of the HCFC/CFC equipment ban under Schedule 4 of the Act.
The vehicle can only be imported if it meets the requirements for a personal use exemption explained in scenario 1.
Scenario 6 – Importing a car manufactured before 1996 that does not contain refrigerant
I am importing a car that was manufactured before 1996. Its air conditioning unit has been modified to use HFC‑134a and the air conditioning unit does not contain refrigerant.
You do not need to apply for an EQPL, but you may be asked to supply documentary evidence to Australian Border Force (or your customs broker), confirming that the air conditioning system has been converted to use the refrigerant HFC-134a, and that the air conditioning system does not contain refrigerant.
Suitable documentation could include a certificate, invoice, work order or other statement completed by a qualified air conditioning/refrigeration technician confirming that the vehicle’s air conditioning system has been converted to use a HFC refrigerant and does not contain refrigerant.
Scenario 7 – Importing a car manufactured before 1996, containing refrigerant
I am importing a car that was manufactured before 1996. Its air conditioning unit has been modified to use HFC‑134a and the air conditioning unit contains refrigerant.
The import may meet the requirements for a personal use exemption (scenario 1) or a low volume import exemption (scenario 2). If the import is not eligible for an exemption, you will need to apply for an EQPL. In addition, you may be asked to supply documentary evidence to Australian Border Force (or your customs broker) confirming that the unit has been converted to use HFC refrigerant.
Suitable documentation could include a certificate, invoice or work order completed by a suitably qualified technician confirming that the equipment has been modified to use HFC-134a. More information on:
Scenario 8 – Importing any equipment designed to use HCFC
I am importing equipment designed to use R22 (or other HCFC gases such as R123, R401A, R411B, and others).
The import of any equipment charged with or designed to operate only on HCFCs is banned except in limited circumstances. A licence may be granted to import:
- Replacement parts for HCFC refrigeration or air conditioning equipment, for pre-existing refrigeration and air conditioning equipment (this does not include a complete or substantially complete indoor or outdoor unit of a split system air conditioner),
- Equipment insulated with foam manufactured with HCFC, and
- When the equipment is incidental to the main import, and it is impractical to remove or retrofit the equipment; for example, equipment incorporated into a boat or drilling rig.
An equipment licence may be granted that allows for import where:
- the equipment is essential for medical, veterinary, defence, industrial safety or public safety purposes, and no practical and effective alternative exists, or
- the equipment is for test, monitoring, laboratory or analytical use, and no practical and effective alternative exists, or
- the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment.
Unless the import falls within one of these categories, the HCFC equipment can only be imported if it meets the requirements for a personal use exemption explained in scenario 1.
Scenario 9 – Importing equipment designed to operate using non-regulated gases
I am importing a refrigerator or any other equipment designed to operate using (or containing) a refrigerant such as ammonia, carbon dioxide or hydrocarbons (sometimes called ‘natural refrigerants’), or hydrofluoroolefins (HFOs).
If the equipment you wish to import is designed to use a gas which is not a controlled ozone depleting substance or synthetic greenhouse gas, you do not need an equipment licence. However, you may be asked to supply documentary evidence that the equipment does not contain a scheduled substance (for example, product specifications in equipment brochures or other material supplied by the manufacturer) to Australian Border Force (or your customs broker), confirming that this is the case.
Several alternatives gases are available in Australia, which may be appropriate for use in the same applications as regulated gases. These gases are not regulated under the Ozone Protection and Synthetic Greenhouse Gas Management legislation unless they are in a blend containing a HFC or other controlled substance. They include refrigerants such as ammonia, carbon dioxide and hydrocarbons (sometimes called ‘natural refrigerants’), as well as hydrofluoroolefins (HFOs). Common examples are carbon dioxide (R744), ammonia (R717), propane (R290), isobutane (R600a) and the hydrofluoroolefin (R1234yf).
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