{"id":"F2009B00035","name":"Declaration Extending the Meaning of Hazardous Waste - Classification under Foreign Laws: Thailand","slug":"declaration-extending-the-meaning-of-hazardous-waste-classification-under-foreign-laws-thailand","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121244,"registerId":"commonwealth-F2009B00035-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declaration Extending the Meaning of Hazardous Waste - Classification under Foreign Laws: Thailand","content":"![](image.001.png)\n\nCommonwealth of Australia\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\nDeclaration Extending the Meaning of Hazardous Waste – Classification Under Foreign Laws: Thailand\n\nI, DAVID ALISTAIR KEMP, Minister for the Environment and Heritage, noting that Thailand is a party to the Basel Convention and being satisfied that used toner is classified as Hazardous Material Type 3, Sequence No. 51 under the Chemical Wastes category according to the Notification of the Ministry of Industry, Subject: Hazardous Substance List B.E. 2546, of Hazardous Material Act B.E. 2535 of that country, and that arrangements must be made in accordance with the Basel Convention, declare, under subsection 4A(2) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, that used toner is hazardous waste for the purposes of export or proposed export to Thailand. This Declaration commences on the date of signature.\n\nDated 25 May 2004\n\nDAVID KEMP\n\nMinister for the Environment and Heritage\n\nUnder the Administrative Appeals Tribunal Act 1975, a person or persons whose\n\ninterests are affected by this decision may, within 28 days, make an application in\n\nwriting to the Department of the Environment and Heritage requesting the reasons for the decision. An application for independent review of the decision may be made to the Administrative Appeals Tribunal, on payment of the relevant fee, by or on behalf\n\nof the person or persons whose interests are affected, either within 28 days of receipt\n\nof the reasons for this decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, Administrative Appeals Tribunal in your capital city, see under Commonwealth Government Section in the White Pages. Further information may be obtained from:\n\nManager, Hazardous Waste Section\n\nDepartment of the Environment and Heritage\n\nGPO Box 787\n\nCANBERRA ACT 2601\n\nTelephone 02 6274 1411, Facsimile 02 6274 1164, or\n\ne-mail hwa@deh.gov.au","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The declaration expands the Act's practical scope by adding 'used toner' to the definition of hazardous waste for exports or proposed exports to Thailand (made under subsection 4A(2)). Its legal effect is destination‑specific (Thailand) and commenced on 25 May 2004, thereby bringing that material and those export transactions within the Act's export‑regulation regime."},"complexity_factors":["Single declaratory instrument with narrow subject‑matter (used toner) but cross‑jurisdictional effect (export to Thailand).","Relies on foreign legal classification (Thailand Notification) to trigger domestic regulatory effect, requiring alignment with foreign law.","Delegated executive action taken under statutory power (subsection 4A(2)), creating dependence on ministerial discretion.","Ties to international obligations (Basel Convention) which impose procedural requirements beyond the declaration itself.","Compliance and administrative burdens fall on exporters (permits, notifications, logistical controls) though those procedural rules sit in other instruments.","Statutory review pathway and strict time limits for merits review under the Administrative Appeals Tribunal Act 1975 add procedural complexity."],"plain_english_summary":"- This declaration (under subsection 4A(2) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989) classifies used toner as hazardous waste for the purposes of export or proposed export to Thailand, relying on Thailand’s hazardous‑material listing and the Basel Convention requirement to make arrangements.  \n- It applies to anyone exporting used toner to Thailand: exporters must comply with export controls and administrative requirements; affected persons may request reasons and seek review at the Administrative Appeals Tribunal (28‑day limits). Commenced 25 May 2004."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the function intended by section 4A(2) of the parent Act: extending the definition of hazardous waste to align with foreign classifications for Basel Convention compliance. The scope remains tightly constrained to the specific waste stream (used toner) and specific destination (Thailand) identified in the triggering foreign law."},"complexity_factors":["Single operative provision extending definition for one specific waste type (used toner) to one specific destination (Thailand)","No defined terms section within the instrument itself","Minimal conditional logic - straightforward declaration triggered by satisfaction of statutory criteria (Thailand being Basel Convention party + Thai domestic classification)","Short length (approximately 200 words of substantive content)","Single cross-reference to parent Act (subsection 4A(2)) and one external reference (Thai Notification B.E. 2546)","No nested exceptions or elaborate procedural requirements within the declaration itself"],"plain_english_summary":"This 2004 declaration by Australia’s Environment Minister treats used toner (spent printer/photocopier cartridges or powder) as hazardous waste when exported to Thailand. It aligns Australian export controls with Thailand’s domestic classification and the Basel Convention, so Australian exporters must obtain permits and follow the Hazardous Waste Act. The measure prevents exporting waste Thailand deems dangerous and ensures international and environmental protection."}},"importantCases":[],"_links":{"self":"/api/acts/declaration-extending-the-meaning-of-hazardous-waste-classification-under-foreign-laws-thailand","history":"/api/acts/declaration-extending-the-meaning-of-hazardous-waste-classification-under-foreign-laws-thailand/history","analysis":"/api/acts/declaration-extending-the-meaning-of-hazardous-waste-classification-under-foreign-laws-thailand/analysis","conflicts":"/api/acts/declaration-extending-the-meaning-of-hazardous-waste-classification-under-foreign-laws-thailand/conflicts","importantCases":"/api/acts/declaration-extending-the-meaning-of-hazardous-waste-classification-under-foreign-laws-thailand/important-cases","documents":"/api/acts/declaration-extending-the-meaning-of-hazardous-waste-classification-under-foreign-laws-thailand/documents"}}