Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 92

Basic rule--requiring person to take, or not take, specified action

  (1)   The rules may require one or more specified persons to take, or not to take, specified action in relation to a specified product.

  (2)   The action must relate to the objects of this Act.

Note:   For limitations on the power to make rules for the purposes of this Part, see sections   93 (satisfying product stewardship criteria and furthering objects of this Act) and 94 (constitutional connection).

Specific action covered by subsection   (1)

  (3)   Without limiting subsection   (1), rules made for the purposes of that subsection in relation to a product may do any or all of the following:

  (a)   prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of the product;

  (b)   prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in the product;

  (c)   require the product to be labelled or marked in accordance with the rules;

  (d)   specify requirements in relation to packaging the product;

  (e)   specify requirements in relation to the durability, reparability and reusability of the product;

  (f)   specify requirements in relation to communicating information, in accordance with the rules, in connection with distributing, reusing, recycling, recovering, treating or disposing of the product;

  (g)   require a person to make a product return payment in relation to the product;

  (h)   specify requirements in relation to product design for the product;

  (i)   specify other requirements in relation to reusing, recycling, recovering, treating or disposing of the product;

  (j)   provide for the Minister to exempt a specified person from a requirement prescribed by rules made for the purposes of subsection   (1).

  (4)   The paragraphs of subsection   (3) do not limit each other.

  (5)   A person contravenes this subsection if:

  (a)   the person is subject to a requirement under rules made for the purposes of subsection   (1); and

  (b)   the person fails to comply with the requirement.

Fault - based offence

  (6)   A person commits an offence if the person contravenes subsection   (5).

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

  (7)   A person is liable to a civil penalty if the person contravenes subsection   (5).

Civil penalty:   240 penalty units.

Meaning of product return payment

  (8)   A product return payment is a payment, of an amount prescribed by the rules in relation to a product, that a person is required to make to another person if the other person returns that kind of product for reuse, remanufacture, recycling, recovery, treatment or disposal.

Note:   The Minister must be satisfied of certain matters before rules are made requiring a person to pay a product return payment in relation to a product (see paragraph   93(1)(c)).

Product return payment not taxation

  (9)   Rules made for the purposes of subsection   (1) that require a person to make a product return payment must not amount to taxation.