Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"accredited voluntary arrangement" : see subsection 70(1).
"accrediting authority" : see paragraph 70(3)(c).
"administrator" :
(a) of a voluntary arrangement: see paragraph 71(c); and
(b) of a co - regulatory arrangement: see paragraph 85(3)(e).
"affected" : for when a person is affected by a reviewable decision, see section 151.
"approved auditor" means a person approved under subsection 116(1) to conduct audits.
"approved co-regulatory arrangement" : see section 78.
"artistic work" has the same meaning as in the Copyright Act 1968 .
"associate" : see section 11.
"auditor" means:
(a) an approved auditor; or
(b) a Commonwealth authorised officer; or
(c) a State or Territory authorised officer.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian law" means a law of the Commonwealth, or of a State or Territory.
"authorised government enforcement officer" means a Commonwealth authorised officer, or a State or Territory authorised officer, who satisfies the requirements determined under section 129.
"authorised officer" means a person who is authorised under section 125 to be an authorised officer for the purposes of this Act.
"child" has a meaning affected by subsection 11(2).
"civil penalty order" has the same meaning as in the Regulatory Powers Act.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"Commonwealth authorised officer" means an authorised officer who is an officer or employee of the Commonwealth, or an authority of the Commonwealth.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutional trade or commerce" means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
"conveyance" means:
(a) an aircraft; or
(b) a vessel.
"de facto partner" of a person has the meaning given by the Acts Interpretation Act 1901 .
"distribute" includes sell and supply, whether for consideration or not.
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.
"entered for export" : see section 12.
"expiry date" , for an export licence: see subsection 37(4).
"export" means export from Australia.
"export business" means a business that carries out export operations in relation to a kind of waste material.
export declaration means a written declaration of an intention to export regulated waste material that complies with section 19.
"export licence" means an export licence granted under Part 4 of Chapter 2.
"export operations" : see section 13.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"improvement notice" means a notice given under section 88.
"intellectual property rights" : see section 74.
"liable party" in relation to a product: see section 77.
"life cycle" of a product includes:
(a) the time when the product begins to be manufactured; and
(b) the time when the product is waste.
"Minister's priority list" : see section 67.
"parent" has a meaning affected by subsection 11(4).
"prescribed export conditions" means conditions prescribed by rules made for the purposes of section 18.
"prescribed law" means:
(a) a law (other than this Act) that is administered by the Minister; or
(b) an Australian law that is prescribed by the rules.
"product" means a thing (including a substance or mixture of substances) that is:
(a) manufactured; or
(b) prescribed by the rules;
and includes a class of such things.
"product return payment" : see subsection 92(8).
"product stewardship criteria" : see section 14.
"product stewardship logo" : see section 73.
"prospective liable party" : see subsection 89(1).
"protected information" : see subsection 148(3).
"recover" includes recover resources, material or energy from products, waste from products or waste material.
"regulated waste material" : see section 17.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"related body corporate" has same meaning as in the Corporations Act 2001 .
"relevant Commonwealth liability" means:
(a) any of the following that are due and payable:
(i) a fee payable under this Act;
(ii) a charge imposed by the Recycling and Waste Reduction Charges (Customs) Act 2020 ;
(iii) a charge imposed by the Recycling and Waste Reduction Charges (Excise) Act 2020 ;
(iv) a charge imposed by the Recycling and Waste Reduction Charges (General) Act 2020 ; or
(b) penalties for late payment of a fee or charge described in subparagraphs (a)(i) to (iv); or
(c) a pecuniary penalty, or other liability for an amount, imposed by or under a prescribed law.
Note: A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a provision of this Act in certain circumstances (see section 181).
"relevant court" means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a Supreme Court of a State or Territory.
"relevant person" , for an audit under Division 4 of Part 2 of Chapter 4, has the meaning given by section 114.
"reviewable decision" : see section 151.
"rules" means the rules made under section 188.
"scheme" : see subsection 89(6).
"Secretary" means the Secretary of the Department.
"State or Territory authorised officer" means an authorised officer who is an officer or employee:
(a) of a State or Territory; or
(b) of an authority of a State or Territory.
"stepchild" has a meaning affected by subsection 11(3).
"third party authorised officer" means a person who is authorised under subsection 125(5) to be a third party authorised officer.
"this Act" includes:
(a) the rules; and
(b) the Regulatory Powers Act as it applies in relation to this Act.
"trade mark" has the same meaning as in the Trade Marks Act 1995 .
"waste" , in relation to a product, means waste associated with the product over the life cycle of the product.
"waste material" : see section 15.
"waste material export charge" means a charge imposed under:
(a) section 7 of the Recycling and Waste Reduction Charges (Customs) Act 2020 ; or
(b) section 7 of the Recycling and Waste Reduction Charges (Excise) Act 2020 ; or
(c) section 7 of the Recycling and Waste Reduction Charges (General) Act 2020 .