RECYCLING AND WASTE REDUCTION ACT 2020

Commonwealth Consolidated Acts

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RECYCLING AND WASTE REDUCTION ACT 2020

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Introduction

PART 1--PRELIMINARY--PROVISIONS

1. Short title
2. Commencement
3. Objects of this Act
4. Minister to have regard to certain matters in exercising powers and functions
5. Simplified outline of this Act
6. Act binds the Crown
7. Extension to external Territories
8. Extraterritorial application
9. Concurrent operation of State and Territory laws

PART 2--INTERPRETATION

10. The Dictionary
11. Definition of associate
12. Definition of entered for export
13. Definition of export operations
14. When the product stewardship criteria are satisfied
15. Definition of waste material

CHAPTER 2--Regulating the export of waste material

PART 1--INTRODUCTION

16. Simplified outline of this Chapter

PART 2--EXPORTING--WASTE MATERIAL

17. Rules may prescribe waste material for the purposes of this Act
18. Rules may prohibit export of regulated waste material subject to conditions
19. Export declaration--general requirements
20. Exporting regulated waste material--non - compliance with prescribed export conditions
21. Knowingly making false or misleading representation about regulated waste material that is entered for export
22. Recklessly making false or misleading representation about regulated waste material that is entered for export
23. Knowingly making false or misleading representation in relation to an export declaration
24. Recklessly making false or misleading representation in relation to an export declaration

PART 3--EXEMPTIONS

25. Application for exemption
26. Minister must decide whether to grant exemption
27. Exemption may be granted subject to conditions
28. Notice of decision
29. Period of effect of exemption
30. Variation of conditions of exemption
31. Revocation of exemption
32. Effect of exemption

PART 4--GRANT--OF EXPORT LICENCE

33. Application for export licence
34. Minister must decide whether to grant export licence
35. Conditions of export licence
36. Matters to be stated in export licence
37. Period of effect of export licence

PART 5--RENEWAL--OF EXPORT LICENCE

38. Application to renew export licence
39. Minister must decide whether to renew export licence
40. Conditions of renewed export licence
41. Matters to be stated in renewed export licence

PART 6--VARIATION--OF EXPORT LICENCE

Division 1--Application by holder

42. Application by holder to vary export licence
43. Notice of variation

Division 2--Variation by Minister

44. Minister may vary export licence
45. Notice of variation

PART 7--SUSPENSION--OF EXPORT LICENCE

46. Grounds for suspension--general
47. Grounds for suspension--overdue relevant Commonwealth liability
48. Notice of suspension
49. Period of suspension
50. Revocation of suspension
51. Effect of suspension
52. Export operations must not be carried out if export licence is suspended

PART 8--REVOCATION--OF EXPORT LICENCE

Division 1--Revocation requested by holder

53. Holder may request revocation

Division 2--Revocation by Minister

54. Grounds for revocation--general
55. Grounds for revocation--overdue relevant Commonwealth liability
56. Notice of revocation

Division 3--Other provisions

57. Export operations must not be carried out after export licence revoked
58. Minister may require action to be taken after export licence revoked

PART 9--OBLIGATIONS--OF HOLDERS OF EXPORT LICENCES

59. Conditions of export licence must not be contravened
60. Additional or corrected information in relation to application for licence etc.
61. Holder of export licence must notify the Minister of certain events

PART 10--OTHER--MATTERS

62. Persons who participate in the management or control of another person's export business
63. Minister's powers in relation to associates of holder of export licence
64. Minister may give directions to holder of export licence
65. Publishing information about exemptions and export licences
65A. Quarterly reports

CHAPTER 3--Product stewardship

PART 1--INTRODUCTION

66. Simplified outline of this Chapter

PART 2--MINISTER----PRIORITY LIST

67. Minister's priority list
68. Tabling of Minister's priority list and statement relating to product stewardship arrangements

PART 3--VOLUNTARY--PRODUCT STEWARDSHIP

69. Exercising rights in product stewardship logo in accordance with accredited voluntary arrangement
70. Accreditation of voluntary arrangements
71. Only certain kinds of voluntary arrangements can be accredited
72. Administrator of accredited voluntary arrangement must notify the Minister of certain events
73. What is a product stewardship logo
74. What are the Commonwealth's intellectual property rights in a product stewardship logo
75. Commonwealth's intellectual property rights not limited

PART 4--CO---REGULATORY PRODUCT STEWARDSHIP

Division 1--Requirements for liable parties and administrators of co-regulatory arrangements

Subdivision A--Requirement for liable party to be member of approved co-regulatory arrangement

76. Liable party to be member of approved co - regulatory arrangement
77. Who is a liable party in relation to a product
78. What is an approved co - regulatory arrangement
79. Outcomes for approved co - regulatory arrangements
80. Matters to be dealt with by co - regulatory arrangements

Subdivision B--Requirements for administrators of approved co-regulatory arrangements

81. Administrator to achieve outcomes for co - regulatory arrangement
82. Administrator must notify the Minister of certain events

Subdivision C--Requirements for liable parties and administrators

83. Requirement to give reports to the Minister

Division 2--Approving co-regulatory arrangements

84. Approving co - regulatory arrangements--application
85. Approving co - regulatory arrangements--decision

Division 3--Reviewing co-regulatory arrangements and cancelling approvals

86. Reviewing approved co - regulatory arrangements
87. Cancelling approvals of co - regulatory arrangements

Division 4--Improvement notices

88. Improvement notices

Division 5--Other matters relating to co-regulatory product stewardship

89. Co - regulatory product stewardship--anti - avoidance
90. Additional or corrected information in relation to approved co - regulatory arrangements
91. Co - regulatory product stewardship--replacing administrator

PART 5--MANDATORY--PRODUCT STEWARDSHIP

92. Mandatory product stewardship requirements may be prescribed by rules
93. Mandatory product stewardship--satisfying product stewardship criteria and furthering objects etc.
94. Mandatory product stewardship--constitutional connection

PART 6--OTHER--MATTERS

95. Publishing information about arrangements

CHAPTER 4--Administration

PART 1--INTRODUCTION

96. Simplified outline of this Chapter

PART 2--COMPLIANCE--AND ENFORCEMENT

Division 1--Powers of investigation and enforcement

97. General monitoring powers
98. Additional monitoring powers etc.
99. General investigation powers
100. Additional investigation powers etc.
101. Civil penalty provisions
102. Infringement notices
103. Enforceable undertakings
104. Injunctions

Division 2--Power to give directions

105. Direction to assist persons performing functions etc. under this Act
106. Direction to deal with non - compliance with the requirements of this Act etc.
107. General provisions relating to directions

Division 3--Audits

Subdivision A--Minister may require audits to be conducted

108. Audit of export operations
109. Audit of product stewardship arrangements
110. Audit in relation to persons performing functions or exercising powers under this Act
111. Single audit or program of audits may be required
112. Matters relating to audits
113. Powers of auditors
114. Relevant person for an audit
115. Relevant person for an audit must provide facilities and assistance

Subdivision B--Approved auditors

116. Minister may approve persons to conduct audits
117. Approved auditors may charge fees

Division 4--Miscellaneous

118. Physical elements of offences
119. Contravening an offence provision or a civil penalty provision
120. Notification of conviction of offence, order to pay pecuniary penalty etc.--participants in product stewardship arrangements, export licence holders and applicants for licences
121. Notification of conviction of offence or order to pay pecuniary penalty--third party authorised officers etc.
122. Minister may publicise certain offences, contraventions and decisions
123. Identity cards
124. Offence--failure to return identity card

PART 3--AUTHORISED--OFFICERS

Division 1--Authorisation

125. Authorisation of persons to be authorised officers
126. Conditions of authorisation
127. Third party authorised officers must not contravene conditions of authorisation
128. Arrangements for State or Territory officers or employees to be authorised officers
129. Training and qualification requirements for authorised government enforcement officers

Division 2--Variation, suspension and revocation of authorisation

Subdivision A--Variation, suspension and revocation on Secretary's own initiative

130. Variation of authorisation
131. Suspension of authorisation
132. Revocation of authorisation
133. Notice of proposed action must be given to third party authorised officer

Subdivision B--Variation, suspension and revocation on application or request by third party authorised officer

134. Application for variation of authorisation
135. Request for suspension of authorisation
136. Request for revocation of authorisation

Subdivision C--Other provisions

137. Secretary may request notification of certain events by suspended third party authorised officer

Division 3--Functions and powers

138. Rules may confer functions or powers on authorised officers
139. Functions and powers of authorised officers
140. Third party authorised officer must not contravene direction
141. Certain authorised officers may charge fees

PART 4--RECORD---KEEPING

142. Requirements to make and retain records

PART 5--INFORMATION--MANAGEMENT

Division 1--Information gathering powers

143. Power to require information or documents
144. Providing and disseminating information

Division 2--False or misleading information or documents

145. False or misleading statements in applications
146. False or misleading information
147. False or misleading documents

Division 3--Protecting information

148. Offence--using or disclosing commercially sensitive information
149. Authorised uses and disclosures
150. Disclosing commercially sensitive information to courts and tribunals etc.

PART 6--REVIEW--OF DECISIONS

151. Persons affected by reviewable decisions
152. Notice of decisions and review rights
153. Internal review
154. Review of decisions by Administrative Review Tribunal

PART 7--FEES--AND CHARGES

Division 1--Fees

155. Charging of fees
156. Commonwealth not liable to pay a fee
157. Recovery of fees
158. Minister may direct that activities not be carried out

Division 2--Waste material export charge

159. Rules relating to waste material export charge
160. Recovery of waste material export charge and late payment penalty
161. Minister may direct that activities not be carried out
162. Commonwealth liable to pay waste material export charge and late payment penalties

PART 8--OTHER--MATTERS

163. Methods for taking, testing and analysing certain samples
164. Storage of samples
165. Test or analysis may result in destruction or reduction in value of sample
166. Appointment of analyst
167. Analyst may give certificate
168. Admission of analyst's certificate in proceedings
169. Hindering compliance with this Act etc.
170. Influencing a person performing functions or duties or exercising powers

CHAPTER 5--Other matters

171. Simplified outline of this Chapter
172. General requirements for making applications
173. Additional or corrected information in relation to applications
174. Dealing with applications
175. Fit and proper persons
176. Treatment of partnerships
177. Treatment of unincorporated associations
178. Treatment of trusts
179. Arrangements with States and Territories to help give effect to this Act
180. Protection from civil proceedings
181. Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
182. Power to arrange for certain decisions to be made by computer programs
183. Compensation for acquisition of property
184. Annual report
185. Review of operation of this Act
186. Delegation--Minister
187. Delegation--Secretary
188. Rules

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