Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Before the Minister makes rules for the purposes of section 92 in relation to a product, the Minister must be satisfied that:
(a) making the rules in relation to the product will further the objects of this Act; and
(b) the product stewardship criteria are satisfied in relation to the product; and
(c) if the rules would require a person to make a product return payment in relation to the product:
(i) making the rules will encourage reusing, recycling, recovering, treating or disposing of that kind of product, or waste from such products, in a safe, scientific and environmentally sound way; and
(ii) the persons required to make product return payments in relation to the product are likely to be appropriately compensated; and
(d) if rules made for the purposes of section 92 are not already in force in relation to the product:
(i) the product has been notified in a Minister's priority list at least 12 months beforehand; or
(ii) there are special circumstances justifying the making of the rules without that notification.
Example: For the purposes of subparagraph (c)(ii), the persons would be appropriately compensated if they:
(a) are able to pass the costs of the payments on to consumers; or
(b) will be reimbursed for the payments by other participants in the supply chain for the product.
(2) If the Minister makes rules to which subparagraph (1)(d)(ii) applies in relation to a product, the explanatory statement (within the meaning of the Legislation Act 2003 ) for the rules must include a statement setting out the special circumstances mentioned in that subparagraph.