{"id":"F1996B00064","name":"Hazardous Waste (Regulation of Exports and Imports) Regulations 1996","slug":"hazardous-waste-regulation-of-exports-and-imports-regulations-1996","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"284 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28495,"registerId":"commonwealth-F1996B00064-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Authority","content":"#### 2 Authority\n\n  This instrument is made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Basel Convention;\n    (b) Basel export permit;\n    (c) competent authority;\n    (d) foreign country;\n    (e) relevant person.\n  In this instrument:\n\n> Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of household waste","content":"#### 4 Meaning of household waste\n\n  For the purposes of the definition of household waste in section 4 of the Act, household waste does not include waste listed in Annex IX (List B) to the Basel Convention, unless the waste is mixed with other waste listed in Annex IX (List B) to that Convention.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Basel export permits","content":"## Part 2—Basel export permits","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Basel export permit—information to be notified to competent authority of a foreign country","content":"#### 5 Basel export permit—information to be notified to competent authority of a foreign country\n\n  For the purposes of subsections 16A(1) and 26C(1) of the Act, the information about:\n    (a) an application for a Basel export permit; or\n    (b) an application for a variation of a Basel export permit;\n  that the Minister is required to notify to a competent authority of a foreign country is the information mentioned in Annex VA to the Basel Convention about the application.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Record keeping and audits","content":"## Part 3—Record keeping and audits","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Record keeping","content":"#### 6 Record keeping\n\n  Requirement to make and retain records\n  (1) For the purposes of subsection 41D(1) of the Act, the following persons must make and retain the following records:\n    (a) for a person who holds a permit under the Act in relation to the import, export or transit of hazardous waste:\n    (i) each document (if any) that the person is required to keep in accordance with a condition of the permit; and\n    (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the permit or any requirements of the Act or regulations made under the Act;\n    (b) for a person who has been notified under subsection 33G(1) of the Act that a transit permit is not required for carrying out a transit proposal—each document that:\n    (i) is made by the person or that comes into the person’s possession; and\n    (ii) is relevant to showing whether the criteria mentioned in paragraphs 33G(1)(a), (b), (c) and (d) of the Act are satisfied, or continue to be satisfied, for the transit proposal;\n    (c) for a person who has been given an order under Part 3 of the Act:\n    (i) each document (if any) that the person is required to keep in accordance with the order; and\n    (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the order or any requirements of the Act or regulations made under the Act.\n  Period for which records must be retained\n  (2) A person who is required to retain records under this section must retain each such record for at least the period of 5 years starting on the day the record is made by the person or comes into the person’s possession.\n  Form in which records must be retained\n  (3) A person who is required to retain records under this section must retain each such record in a form that is:\n    (a) dated with the date the document is created or with the date the document comes into the person’s possession; and\n    (b) for a document created by the person—accurate and legible; and\n    (c) able to be audited; and\n    (d) in electronic or paper form.\n  (4) If a record is not in English, the person must obtain a translation of the record into English and retain the translation for at least the period of 5 years starting on the day the translation is obtained.\n  Alteration or defacing of records\n  (5) A person who is required to retain a record under this section must:\n    (a) not alter or deface the record; and\n    (b) take reasonable steps to prevent the record from being altered or defaced by another person.\n  (6) However, subsection (5) does not prevent a person from making notations or marking on the record in accordance with any ordinary practice.\n  (7) If a person makes notations or markings on the record in accordance with ordinary practice, the person required to retain the record under this section must also retain, for at least the period mentioned in subregulation (2) or (4) (as applicable):\n    (a) if reasonably practicable—a copy of the original record without notations or markings; and\n    (b) copies of the record that show how the record has changed over time.\n\n> Note: A person may commit an offence of strict liability or be liable to a civil penalty if the person is required to retain a record in accordance with this provision and the person fails to comply with the requirement (see subsections 41D(4) and (5) of the Act).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Conduct of audit","content":"#### 7 Conduct of audit\n\n  For the purposes of paragraph 53(3)(a) of the Act, an auditor must conduct an audit:\n    (a) as expeditiously as reasonably practicable; and\n    (b) in a way that results in minimal interference to the operations in relation to which the audit is conducted.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Process after audit completed","content":"#### 8 Process after audit completed\n\n  (1) For the purposes of subsection 53(3) of the Act, an auditor who completes an audit must:\n    (a) as soon as reasonably practicable after the audit is completed, notify the relevant person for the audit, orally or in writing, that the audit is completed; and\n    (b) within 14 days after the day the audit is completed, make a written report (an audit report) of the audit and give a copy of the audit report to:\n    (i) the Secretary, in the manner approved by the Secretary; and\n    (ii) the relevant person for the audit.\n  (2) The audit report must include the following:\n    (a) the name of the auditor;\n    (b) the day the audit commenced, the day the audit was completed, and the total time spent (in hours) conducting the audit;\n    (c) the name of the relevant person for the audit;\n    (d) a description of the operations to which the audit relates;\n    (e) a description of the scope of the audit;\n    (f) the findings of the audit including whether, in the auditor’s opinion, there is, or there has been, a failure to comply with the requirements of the Act in relation to a matter to which the audit relates, including a contravention of the conditions of a permit (if any);\n    (g) the reasons for the auditor’s findings.\n  (3) The audit report may also:\n    (a) identify any risk of a potential non‑compliance with a requirement of the Act in relation to a matter to which the audit relates; and\n    (b) include recommendations that any of the following actions be taken:\n    (i) action to address any non‑compliance with any of those requirements;\n    (ii) action to address the risk of a potential non‑compliance with any of those requirements.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application and transitional provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996.\n\n#### 2 Authority\n\n  This instrument is made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n#### 3 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Basel Convention;\n    (b) Basel export permit;\n    (c) competent authority;\n    (d) foreign country;\n    (e) relevant person.\n  In this instrument:\n\n> Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n#### 4 Meaning of household waste\n\n  For the purposes of the definition of household waste in section 4 of the Act, household waste does not include waste listed in Annex IX (List B) to the Basel Convention, unless the waste is mixed with other waste listed in Annex IX (List B) to that Convention.\n\n## Part 2—Basel export permits\n\n#### 5 Basel export permit—information to be notified to competent authority of a foreign country\n\n  For the purposes of subsections 16A(1) and 26C(1) of the Act, the information about:\n    (a) an application for a Basel export permit; or\n    (b) an application for a variation of a Basel export permit;\n  that the Minister is required to notify to a competent authority of a foreign country is the information mentioned in Annex VA to the Basel Convention about the application.\n\n## Part 3—Record keeping and audits\n\n#### 6 Record keeping\n\n  Requirement to make and retain records\n  (1) For the purposes of subsection 41D(1) of the Act, the following persons must make and retain the following records:\n    (a) for a person who holds a permit under the Act in relation to the import, export or transit of hazardous waste:\n    (i) each document (if any) that the person is required to keep in accordance with a condition of the permit; and\n    (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the permit or any requirements of the Act or regulations made under the Act;\n    (b) for a person who has been notified under subsection 33G(1) of the Act that a transit permit is not required for carrying out a transit proposal—each document that:\n    (i) is made by the person or that comes into the person’s possession; and\n    (ii) is relevant to showing whether the criteria mentioned in paragraphs 33G(1)(a), (b), (c) and (d) of the Act are satisfied, or continue to be satisfied, for the transit proposal;\n    (c) for a person who has been given an order under Part 3 of the Act:\n    (i) each document (if any) that the person is required to keep in accordance with the order; and\n    (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the order or any requirements of the Act or regulations made under the Act.\n  Period for which records must be retained\n  (2) A person who is required to retain records under this section must retain each such record for at least the period of 5 years starting on the day the record is made by the person or comes into the person’s possession.\n  Form in which records must be retained\n  (3) A person who is required to retain records under this section must retain each such record in a form that is:\n    (a) dated with the date the document is created or with the date the document comes into the person’s possession; and\n    (b) for a document created by the person—accurate and legible; and\n    (c) able to be audited; and\n    (d) in electronic or paper form.\n  (4) If a record is not in English, the person must obtain a translation of the record into English and retain the translation for at least the period of 5 years starting on the day the translation is obtained.\n  Alteration or defacing of records\n  (5) A person who is required to retain a record under this section must:\n    (a) not alter or deface the record; and\n    (b) take reasonable steps to prevent the record from being altered or defaced by another person.\n  (6) However, subsection (5) does not prevent a person from making notations or marking on the record in accordance with any ordinary practice.\n  (7) If a person makes notations or markings on the record in accordance with ordinary practice, the person required to retain the record under this section must also retain, for at least the period mentioned in subregulation (2) or (4) (as applicable):\n    (a) if reasonably practicable—a copy of the original record without notations or markings; and\n    (b) copies of the record that show how the record has changed over time.\n\n> Note: A person may commit an offence of strict liability or be liable to a civil penalty if the person is required to retain a record in accordance with this provision and the person fails to comply with the requirement (see subsections 41D(4) and (5) of the Act).\n\n#### 7 Conduct of audit\n\n  For the purposes of paragraph 53(3)(a) of the Act, an auditor must conduct an audit:\n    (a) as expeditiously as reasonably practicable; and\n    (b) in a way that results in minimal interference to the operations in relation to which the audit is conducted.\n\n#### 8 Process after audit completed\n\n  (1) For the purposes of subsection 53(3) of the Act, an auditor who completes an audit must:\n    (a) as soon as reasonably practicable after the audit is completed, notify the relevant person for the audit, orally or in writing, that the audit is completed; and\n    (b) within 14 days after the day the audit is completed, make a written report (an audit report) of the audit and give a copy of the audit report to:\n    (i) the Secretary, in the manner approved by the Secretary; and\n    (ii) the relevant person for the audit.\n  (2) The audit report must include the following:\n    (a) the name of the auditor;\n    (b) the day the audit commenced, the day the audit was completed, and the total time spent (in hours) conducting the audit;\n    (c) the name of the relevant person for the audit;\n    (d) a description of the operations to which the audit relates;\n    (e) a description of the scope of the audit;\n    (f) the findings of the audit including whether, in the auditor’s opinion, there is, or there has been, a failure to comply with the requirements of the Act in relation to a matter to which the audit relates, including a contravention of the conditions of a permit (if any);\n    (g) the reasons for the auditor’s findings.\n  (3) The audit report may also:\n    (a) identify any risk of a potential non‑compliance with a requirement of the Act in relation to a matter to which the audit relates; and\n    (b) include recommendations that any of the following actions be taken:\n    (i) action to address any non‑compliance with any of those requirements;\n    (ii) action to address the risk of a potential non‑compliance with any of those requirements.\n\n## Part 4—Application and transitional provisions\n\n### Division 1—Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021\n\n#### 9 Application of amendments\n\n  Household waste\n  (1) Section 4, as inserted by the amending instrument, applies in relation to the import, export or transit of hazardous waste on or after the commencement day.\n  Notification to competent authority\n  (2) Section 5, as inserted by the amending instrument, applies in relation to the following:\n    (a) an application for a Basel permit made on or after the commencement day;\n    (b) an application for a Basel permit made before the commencement day if the application is varied on or after that day;\n    (c) an application made on or after the commencement day for a variation of a Basel permit, whether the permit was granted before, on or after the commencement day.\n  Record‑keeping\n  (3) Section 6, as inserted by the amending instrument, applies in relation to the following:\n    (a) a permit granted, under the Act, on or after the commencement day in relation to the import, export or transit of hazardous waste;\n    (b) a notification given, under subsection 33G(1) of the Act, on or after the commencement day;\n    (c) an order given, under Part 3 of the Act, on or after the commencement day.\n  (4) In this section:\n\n> amending instrument means the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021.\n\n> commencement day means the day the amending instrument commences.","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996.\n\n#### 2 Authority\n\n  This instrument is made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n#### 3 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Basel Convention;\n    (b) Basel export permit;\n    (c) competent authority;\n    (d) foreign country;\n    (e) relevant person.\n  In this instrument:\n\n> Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n#### 4 Meaning of household waste\n\n  For the purposes of the definition of household waste in section 4 of the Act, household waste does not include waste listed in Annex IX (List B) to the Basel Convention, unless the waste is mixed with other waste listed in Annex IX (List B) to that Convention.\n\n## Part 2—Basel export permits\n\n#### 5 Basel export permit—information to be notified to competent authority of a foreign country\n\n  For the purposes of subsections 16A(1) and 26C(1) of the Act, the information about:\n    (a) an application for a Basel export permit; or\n    (b) an application for a variation of a Basel export permit;\n  that the Minister is required to notify to a competent authority of a foreign country is the information mentioned in Annex VA to the Basel Convention about the application.\n\n## Part 3—Record keeping and audits\n\n#### 6 Record keeping\n\n  Requirement to make and retain records\n  (1) For the purposes of subsection 41D(1) of the Act, the following persons must make and retain the following records:\n    (a) for a person who holds a permit under the Act in relation to the import, export or transit of hazardous waste:\n    (i) each document (if any) that the person is required to keep in accordance with a condition of the permit; and\n    (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the permit or any requirements of the Act or regulations made under the Act;\n    (b) for a person who has been notified under subsection 33G(1) of the Act that a transit permit is not required for carrying out a transit proposal—each document that:\n    (i) is made by the person or that comes into the person’s possession; and\n    (ii) is relevant to showing whether the criteria mentioned in paragraphs 33G(1)(a), (b), (c) and (d) of the Act are satisfied, or continue to be satisfied, for the transit proposal;\n    (c) for a person who has been given an order under Part 3 of the Act:\n    (i) each document (if any) that the person is required to keep in accordance with the order; and\n    (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the order or any requirements of the Act or regulations made under the Act.\n  Period for which records must be retained\n  (2) A person who is required to retain records under this section must retain each such record for at least the period of 5 years starting on the day the record is made by the person or comes into the person’s possession.\n  Form in which records must be retained\n  (3) A person who is required to retain records under this section must retain each such record in a form that is:\n    (a) dated with the date the document is created or with the date the document comes into the person’s possession; and\n    (b) for a document created by the person—accurate and legible; and\n    (c) able to be audited; and\n    (d) in electronic or paper form.\n  (4) If a record is not in English, the person must obtain a translation of the record into English and retain the translation for at least the period of 5 years starting on the day the translation is obtained.\n  Alteration or defacing of records\n  (5) A person who is required to retain a record under this section must:\n    (a) not alter or deface the record; and\n    (b) take reasonable steps to prevent the record from being altered or defaced by another person.\n  (6) However, subsection (5) does not prevent a person from making notations or marking on the record in accordance with any ordinary practice.\n  (7) If a person makes notations or markings on the record in accordance with ordinary practice, the person required to retain the record under this section must also retain, for at least the period mentioned in subregulation (2) or (4) (as applicable):\n    (a) if reasonably practicable—a copy of the original record without notations or markings; and\n    (b) copies of the record that show how the record has changed over time.\n\n> Note: A person may commit an offence of strict liability or be liable to a civil penalty if the person is required to retain a record in accordance with this provision and the person fails to comply with the requirement (see subsections 41D(4) and (5) of the Act).\n\n#### 7 Conduct of audit\n\n  For the purposes of paragraph 53(3)(a) of the Act, an auditor must conduct an audit:\n    (a) as expeditiously as reasonably practicable; and\n    (b) in a way that results in minimal interference to the operations in relation to which the audit is conducted.\n\n#### 8 Process after audit completed\n\n  (1) For the purposes of subsection 53(3) of the Act, an auditor who completes an audit must:\n    (a) as soon as reasonably practicable after the audit is completed, notify the relevant person for the audit, orally or in writing, that the audit is completed; and\n    (b) within 14 days after the day the audit is completed, make a written report (an audit report) of the audit and give a copy of the audit report to:\n    (i) the Secretary, in the manner approved by the Secretary; and\n    (ii) the relevant person for the audit.\n  (2) The audit report must include the following:\n    (a) the name of the auditor;\n    (b) the day the audit commenced, the day the audit was completed, and the total time spent (in hours) conducting the audit;\n    (c) the name of the relevant person for the audit;\n    (d) a description of the operations to which the audit relates;\n    (e) a description of the scope of the audit;\n    (f) the findings of the audit including whether, in the auditor’s opinion, there is, or there has been, a failure to comply with the requirements of the Act in relation to a matter to which the audit relates, including a contravention of the conditions of a permit (if any);\n    (g) the reasons for the auditor’s findings.\n  (3) The audit report may also:\n    (a) identify any risk of a potential non‑compliance with a requirement of the Act in relation to a matter to which the audit relates; and\n    (b) include recommendations that any of the following actions be taken:\n    (i) action to address any non‑compliance with any of those requirements;\n    (ii) action to address the risk of a potential non‑compliance with any of those requirements.\n\n## Part 4—Application and transitional provisions\n\n### Division 1—Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021\n\n#### 9 Application of amendments\n\n  Household waste\n  (1) Section 4, as inserted by the amending instrument, applies in relation to the import, export or transit of hazardous waste on or after the commencement day.\n  Notification to competent authority\n  (2) Section 5, as inserted by the amending instrument, applies in relation to the following:\n    (a) an application for a Basel permit made on or after the commencement day;\n    (b) an application for a Basel permit made before the commencement day if the application is varied on or after that day;\n    (c) an application made on or after the commencement day for a variation of a Basel permit, whether the permit was granted before, on or after the commencement day.\n  Record‑keeping\n  (3) Section 6, as inserted by the amending instrument, applies in relation to the following:\n    (a) a permit granted, under the Act, on or after the commencement day in relation to the import, export or transit of hazardous waste;\n    (b) a notification given, under subsection 33G(1) of the Act, on or after the commencement day;\n    (c) an order given, under Part 3 of the Act, on or after the commencement day.\n  (4) In this section:\n\n> amending instrument means the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021.\n\n> commencement day means the day the amending instrument commences.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Application of amendments","content":"#### 9 Application of amendments\n\n  Household waste\n  (1) Section 4, as inserted by the amending instrument, applies in relation to the import, export or transit of hazardous waste on or after the commencement day.\n  Notification to competent authority\n  (2) Section 5, as inserted by the amending instrument, applies in relation to the following:\n    (a) an application for a Basel permit made on or after the commencement day;\n    (b) an application for a Basel permit made before the commencement day if the application is varied on or after that day;\n    (c) an application made on or after the commencement day for a variation of a Basel permit, whether the permit was granted before, on or after the commencement day.\n  Record‑keeping\n  (3) Section 6, as inserted by the amending instrument, applies in relation to the following:\n    (a) a permit granted, under the Act, on or after the commencement day in relation to the import, export or transit of hazardous waste;\n    (b) a notification given, under subsection 33G(1) of the Act, on or after the commencement day;\n    (c) an order given, under Part 3 of the Act, on or after the commencement day.\n  (4) In this section:\n\n> amending instrument means the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021.\n\n> commencement day means the day the amending instrument commences.","sortOrder":13}],"analysis":{"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations mainly clarify definitions and set procedural requirements rather than expand what activities the Act regulates. Reg 4 narrows the meaning of \"household waste\" relative to Annex IX/List B; reg 5 prescribes the Annex VA information to notify foreign competent authorities about Basel permit applications; reg 6 imposes detailed record‑keeping duties and penalties for non‑compliance; regs 7–8 set audit conduct and reporting rules. Reg 9 confines application of these changes to matters on or after the amending instrument's commencement day."},"complexity_factors":["Cross‑references to the Act and the Basel Convention (definitions reliance in regs 3 and references to Annexes IX and VA in regs 4 and 5) increase interpretive complexity.","Multiple classes of regulated persons with different record obligations (permit‑holders, notified transit proposers, persons subject to orders) (reg 6(1)(a)‑(c)).","Detailed record rules: required retention period, format, dating, auditability, translation obligation and prohibition on alteration (reg 6(2)‑(7)).","Strict liability and civil‑penalty exposure for record breaches (note to reg 6 referencing s 41D(4)‑(5) of the Act) raises compliance risk.","Audit conduct and reporting obligations set procedural standards and timelines (audit to be expeditious and minimally interfering in reg 7; written audit report within 14 days with prescribed content in reg 8).","Operational discretion and administrative direction points: Secretary approves the manner of report delivery (reg 8(1)(b)(i)); auditors may include recommendations (reg 8(3)).","Transitional application rules link effect to the commencement day of the 2021 amending instrument and create temporal complexity for ongoing permits and applications (reg 9)."],"plain_english_summary":"These regulations add detail to the Hazardous Waste (Regulation of Exports and Imports) Act 1989. They clarify that certain Basel Annex IX (List B) wastes are not treated as household waste unless mixed, require the Minister to notify foreign competent authorities with the Annex VA data for Basel export permit applications, and set specific record‑keeping, audit conduct and audit‑reporting rules. Permit‑holders, transit proposers, auditors and the Department must follow new documentation, retention (5 years), translation and reporting duties that affect compliance costs and operations."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope of regulating hazardous waste movements in accordance with the Basel Convention. The 2021 amendments (referenced in Part 4) appear to be technical updates to record-keeping, notification procedures, and definitions rather than an expansion into new policy areas. The instrument remains focused on its core purpose: operationalising the parent Act's permit system and compliance mechanisms."},"complexity_factors":["Multiple cross-references to the parent Act (Hazardous Waste (Regulation of Exports and Imports) Act 1989) and the Basel Convention, requiring readers to consult external documents","Nested conditional logic in section 6 (record-keeping) with three distinct categories of persons (permit holders, transit exemption recipients, and order recipients), each with sub-categories of required documents","Temporal conditions in section 9 regarding when amendments apply (distinguishing between permits granted before, on, or after the commencement day)","Exception to exception structure in section 4 (household waste definition excludes List B waste, unless mixed with other List B waste)","Dual liability framework referenced (strict liability offences and civil penalties) without fully explaining the consequences within the instrument itself","Duplicated content in the provided text (appears to be a compilation error showing Parts 1-4 multiple times), though the actual legislative structure is relatively straightforward"],"plain_english_summary":"This legislation sets out the detailed rules for how Australia controls the movement of hazardous waste across its borders, in line with international obligations under the Basel Convention (an international treaty designed to reduce the movements of hazardous waste between nations).\n\n**Who it affects:**\n- **Businesses and individuals** who import, export, or move hazardous waste through Australia (transit)\n- **Permit holders** under the Hazardous Waste Act\n- **Auditors** conducting compliance checks\n- **Government officials** processing permit applications\n\n**What it does:**\n\n**1. Defines what counts as 'household waste'**\n- Clarifies that waste listed in Annex IX of the Basel Convention (List B) is generally *not* considered household waste, unless it's mixed with other List B waste. This matters because different rules apply to household waste versus industrial hazardous waste.\n\n**2. Sets rules for exporting hazardous waste**\n- When someone applies for a permit to export hazardous waste (a 'Basel export permit'), the Minister must notify the foreign country's 'competent authority' (their environmental regulator) using specific information from Annex VA of the Basel Convention.\n- This ensures other countries know what's coming and can consent to it.\n\n**3. Requires detailed record-keeping**\nAnyone holding a permit, receiving a transit exemption, or subject to a government order must keep records for **at least 5 years**, including:\n- Documents required by their permit conditions\n- Any documents showing whether they're complying with the law\n- Documents proving they meet criteria for transit exemptions\n- English translations of non-English documents\n\nRecords must be:\n- Dated, accurate, and legible\n- Kept in electronic or paper form\n- Protected from alteration (though normal business notations are allowed)\n- If notations are made, the original unmarked version should also be kept if possible\n\n**4. Governs how audits are conducted**\n- Audits must be done quickly and with minimal disruption to business operations\n- Auditors must provide a written report within 14 days to both the Secretary and the person being audited\n- Reports must detail findings, any compliance failures, and recommendations for fixing problems\n\n**Why it matters:**\nThis legislation helps prevent Australia from becoming a dumping ground for toxic waste, ensures we meet our international environmental commitments, and creates a paper trail so authorities can track hazardous materials and hold people accountable if things go wrong. The record-keeping rules are particularly important for prosecuting illegal waste trafficking."}},"importantCases":[],"_links":{"self":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-regulations-1996","history":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-regulations-1996/history","analysis":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-regulations-1996/analysis","conflicts":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-regulations-1996/conflicts","importantCases":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-regulations-1996/important-cases","documents":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-regulations-1996/documents"}}