Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 119, 2020
Compilation No. 2
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Recycling and Waste Reduction Act 2020 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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's 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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
119, 2020 | 15 Dec 2020 | 16 Dec 2020 (s 2(1) item 1) |
| |
Recycling and Waste Reduction (Consequential and Transitional Provisions) Act 2020 | 120, 2020 | 15 Dec 2020 | Sch 4: 1 Sept 2021 (s 2(1) item 3) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 7 (items 3, 16): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Chapter 1 |
|
Part 1 |
|
s 5..................... | am No 38, 2024 |
Part 2 |
|
s 10.................... | am No 120, 2020 |
Chapter 4 |
|
Part 1 |
|
s 96.................... | am No 38, 2024 |
Part 6 |
|
s 154................... | am No 38, 2024 |